82_FR_36456 82 FR 36308 - Migratory Bird Hunting; Proposed 2018-19 Migratory Game Bird Hunting Regulations (Preliminary) With Requests for Indian Tribal Proposals; Notice of Meetings

82 FR 36308 - Migratory Bird Hunting; Proposed 2018-19 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 82, Issue 148 (August 3, 2017)

Page Range36308-36317
FR Document2017-16353

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 2018-19 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 2018-19 duck hunting seasons, and requests proposals from Indian tribes that wish to establish special migratory game bird hunting regulations on Federal Indian reservations and ceded lands. Migratory bird hunting seasons provide opportunities for recreation and sustenance; aid Federal, State, and tribal governments in the management of migratory game birds; and permit harvests at levels compatible with migratory game bird population status and habitat conditions.

Federal Register, Volume 82 Issue 148 (Thursday, August 3, 2017)
[Federal Register Volume 82, Number 148 (Thursday, August 3, 2017)]
[Proposed Rules]
[Pages 36308-36317]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16353]



[[Page 36307]]

Vol. 82

Thursday,

No. 148

August 3, 2017

Part IV





 Department of the Interior





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 Fish and Wildlife Service





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50 CFR Part 20





 Migratory Bird Hunting; Proposed 2018-19 Migratory Game Bird Hunting 
Regulations (Preliminary) With Requests for Indian Tribal Proposals; 
Notice of Meetings; Proposed Rule

Federal Register / Vol. 82 , No. 148 / Thursday, August 3, 2017 / 
Proposed Rules

[[Page 36308]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[Docket No. FWS-HQ-MB-2017-0028; FF09M21200-178-FXMB1231099BPP0]
RIN 1018-BB73


Migratory Bird Hunting; Proposed 2018-19 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 2018-19 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 2018-19 duck hunting seasons, and requests proposals from 
Indian tribes that wish to establish special migratory game bird 
hunting regulations on Federal Indian reservations and ceded lands. 
Migratory bird hunting seasons provide opportunities for recreation and 
sustenance; aid Federal, State, and tribal governments in the 
management of migratory game birds; and permit harvests at levels 
compatible with migratory game bird population status and habitat 
conditions.

DATES: Comments: You may comment on the proposed regulatory 
alternatives for the 2018-19 season until September 5, 2017. You may 
comment on the draft environmental assessment to establish a framework 
for general swan hunting season in the Atlantic, Mississippi, and 
Central Flyways until October 15, 2017. Comments on the information 
collection requirements must be received by September 5, 2017. 
Following subsequent Federal Register documents, you will be given an 
opportunity to submit comments on the proposed frameworks by January 
15, 2018. Tribes must submit proposals and related comments on or 
before December 1, 2017.
    Meetings: The SRC will meet to consider and develop proposed 
regulations for the 2018-19 migratory game bird hunting seasons on 
October 17-18, 2017. 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-2017-0028.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-HQ-MB-2017-0028; 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.
    Send your comments and suggestions on the information collection 
requirements to the Desk Officer for the Department of the Interior at 
OMB-OIRA at (202) 395-5806 (fax) or [email protected] 
(email). Please provide a copy of your comments to the Service 
Information Collection Clearance Officer, U.S. Fish and Wildlife 
Service, 5275 Leesburg Pike, MS: BPHC, Falls Church, VA 22041-3803 
(mail); or [email protected] (email). Please reference OMB Control 
Number 1018-BB73 in the subject line of your comments.
    Meetings: The October 17-18, 2017, 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, 2 years ago 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 in the summer of 2015, with the development of the 
2016-17 hunting seasons, we started promulgating our annual migratory 
game bird hunting regulations using a new schedule that combines the 
previously used early- and late-season regulatory processes into a 
single process. We make decisions for harvest management based on 
predictions derived from long-term biological information and 
established harvest strategies and, therefore, can 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 proposed and 
final rulemaking documents for the establishment of the 2018-19 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

[[Page 36309]]

Association of Fish and Wildlife Agencies, also assist in researching 
and providing migratory game bird management information for Federal, 
State, and Provincial governments, as well as private conservation 
entities and the general public.
    The process for adopting migratory game bird hunting regulations, 
located in title 50 of the Code of Federal Regulations (CFR) at part 
20, is constrained by three primary factors. Legal and administrative 
considerations dictate how long the rulemaking process will last. Most 
importantly, however, the biological cycle of migratory game birds 
controls the timing of data-gathering activities and thus the dates on 
which these results are available for consideration and deliberation.
    For the regulatory cycle, Service biologists gather, analyze, and 
interpret biological survey data and provide this information to all 
those involved in the process through a series of published status 
reports and presentations to Flyway Councils and other interested 
parties. Because the Service is required to take abundance of migratory 
game birds and other factors into consideration, the Service undertakes 
a number of surveys throughout the year in conjunction with Service 
Regional Offices, the Canadian Wildlife Service, and State and 
Provincial wildlife-management agencies. To determine the appropriate 
frameworks for each species, we consider factors such as population 
size and trend, geographical distribution, annual breeding effort, 
condition of breeding and wintering habitat, number of hunters, and 
anticipated harvest. After frameworks are established for season 
lengths, bag limits, and areas for migratory game bird hunting, States 
may select season dates, bag limits, and other regulatory options for 
the hunting seasons. States may always be more conservative in their 
selections than the Federal frameworks, but never more liberal.

Service Migratory Bird Regulations Committee Meetings

    The SRC will conduct an open meeting on October 17-18, 2017, to 
review information on the current status of migratory game birds and 
develop 2018-19 migratory game bird regulations recommendations for 
these species. In accordance with Departmental policy, these meetings 
are open to public observation. You may submit written comments to the 
Service on the matters discussed. See DATES and ADDRESSES for 
information about these meetings.

Announcement of Flyway Council Meetings

    Service representatives will be present at the individual meetings 
of the four Flyway Councils this August and September. Although agendas 
are not yet available, these meetings usually commence at 8 a.m. on the 
days indicated.
    Atlantic Flyway Council: August 31 and September 1, 2017; The 
Westin Annapolis, 100 Westgate Circle, Annapolis, MD.
    Mississippi Flyway Council: August 24-25, 2017; Park Place Hotel, 
300 East State St., Traverse City, MI 49684.
    Central Flyway Council: August 30-31, 2017; Hilton Garden Inn 
Manhattan and Manhattan Conference Center, 410 South 3rd Street, 
Manhattan, KS.
    Pacific Flyway Council: August 25, 2017; Hotel RL Spokane at the 
Park, 303 W. North River Drive, Spokane, WA.

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 2018-19 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 2018-19 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 2018-19 Migratory Game Bird Hunting 
Regulations (Preliminary) in this document. We annually publish 
definitions of flyways and management units, and a description of the 
data used in and the factors affecting the regulatory process (see May 
30, 2017, Federal Register (82 FR 24786) for the latest definitions and 
descriptions).

Regulatory Schedule for 2018-19

    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 2018-19 
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, so remaining 
numbered items will be discontinuous, making the list appear 
incomplete.
    The proposed regulatory alternatives for the 2018-19 duck hunting 
seasons are contained at the end of this document. We plan to publish 
final regulatory alternatives in mid-August. We plan to publish 
proposed season frameworks in mid-December 2017. We plan to publish 
final season frameworks in late February 2018.

Review of Public Comments

    This proposed rulemaking contains the proposed regulatory 
alternatives for the 2018-19 duck hunting seasons. This proposed 
rulemaking also describes

[[Page 36310]]

other recommended changes or specific preliminary proposals that vary 
from the 2017-18 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 2018-19 season. We seek additional information and 
comments on this proposed rule.

Consolidation of Rulemaking Documents

    For administrative purposes, this document consolidates the notice 
of our intent to establish open migratory game bird hunting seasons and 
the request for tribal proposals with the preliminary proposals for the 
annual hunting regulations-development process. We will publish the 
remaining proposed and final rulemaking documents separately. For 
inquiries on tribal guidelines and proposals, tribes should contact 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)--Scott 
Carleton, U.S. Fish and Wildlife Service, 500 Gold Avenue SW., 
Albuquerque, NM 87102; (505) 248-6639.
    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, 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)--Amedee Brickey, U.S. Fish and 
Wildlife Service, 2800 Cottage Way, Sacramento, CA 95825-1846; (916) 
414-6480.

Requests for Tribal Proposals

Background

    Beginning with the 1985-86 hunting season, we have employed 
guidelines described in the June 4, 1985, Federal Register (50 FR 
23467) to establish special migratory game bird hunting regulations on 
Federal Indian reservations (including off-reservation trust lands) and 
ceded lands. We developed these guidelines in response to tribal 
requests for our recognition of their reserved hunting rights, and for 
some tribes, recognition of their authority to regulate hunting by both 
tribal and nontribal members throughout their reservations. The 
guidelines include possibilities for:
    (1) On-reservation hunting by both tribal and nontribal members, 
with hunting by nontribal members on some reservations to take place 
within Federal frameworks, but on dates different from those selected 
by the surrounding State(s);
    (2) On-reservation hunting by tribal members only, outside of usual 
Federal frameworks for season dates, season length, and daily bag and 
possession limits; and
    (3) Off-reservation hunting by tribal members on ceded lands, 
outside of usual framework dates and season length, with some added 
flexibility in daily bag and possession limits.
    In all cases, tribal regulations established under the guidelines 
must be consistent with the annual March 11 to August 31 closed season 
mandated by the 1916 Convention Between the United States and Great 
Britain (for Canada) for the Protection of Migratory Birds 
(Convention). The guidelines are applicable to those tribes that have 
reserved hunting rights on Federal Indian reservations (including off-
reservation trust lands) and ceded lands. They also may be applied to 
the establishment of migratory game bird hunting regulations for 
nontribal members on all lands within the exterior boundaries of 
reservations where tribes have full wildlife-management authority over 
such hunting, or where the tribes and affected States otherwise have 
reached agreement over hunting by nontribal members on non-Indian 
lands.
    Tribes usually have the authority to regulate migratory game bird 
hunting by nonmembers on Indian-owned reservation lands, subject to our 
approval. The question of jurisdiction is 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 2018-19 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

[[Page 36311]]

regulations. For those situations where it could be shown that failure 
to limit Tribal harvest could seriously impact the migratory game bird 
resource, we also request information on the methods employed to 
monitor harvest and any potential steps taken to limit level of 
harvest.
    A tribe that desires the earliest possible opening of the migratory 
game bird season for nontribal members should specify this request in 
its proposal, rather than request a date that might not be within the 
final Federal frameworks. Similarly, unless a tribe wishes to set more 
restrictive regulations than Federal regulations will permit for 
nontribal members, the proposal should request the same daily bag and 
possession limits and season length for migratory game birds that 
Federal regulations are likely to permit the States in the Flyway in 
which the reservation is located.

Tribal Proposal Procedures

    We will publish details of tribal proposals for public review in 
later Federal Register documents. Because of the time required for 
review by us and the public, Indian tribes that desire special 
migratory game bird hunting regulations for the 2018-19 hunting season 
should submit their proposals no later than December 1, 2017. Tribes 
should direct inquiries regarding the guidelines and proposals to the 
appropriate Service Regional Office listed above under the caption 
Consolidation of Rulemaking Documents. Tribes that request special 
migratory game bird hunting regulations for tribal members on ceded 
lands should send a courtesy copy of the proposal to officials in the 
affected State(s).

Public Comments

    The Department of the Interior's policy is, whenever practicable, 
to afford the public an opportunity to participate in the rulemaking 
process. Accordingly, we invite interested persons to submit written 
comments, suggestions, or recommendations regarding the proposed 
regulations. Before promulgation of final migratory game bird hunting 
regulations, we will take into consideration all comments we receive. 
Such comments, and any additional information we receive, may lead to 
final regulations that differ from these proposals.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in ADDRESSES. We will not accept 
comments sent by email or fax or to an address not listed in ADDRESSES. 
Finally, we will not consider hand-delivered comments that we do not 
receive, or mailed comments that are not postmarked, by the date 
specified in DATES. We will post all comments in their entirety--
including your personal identifying information--on http://www.regulations.gov. Before including your address, phone number, email 
address, or other personal identifying information in your comment, you 
should be aware that your entire comment--including your personal 
identifying information--may be made publicly available at any time. 
While you can ask us in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so. Comments and materials we receive, as well as 
supporting documentation we used in preparing this proposed rule, will 
be available for public inspection on http://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Division of Migratory Bird Management, 5275 Leesburg 
Pike, Falls Church, VA 22041.
    For each series of proposed rulemakings, we will establish specific 
comment periods. We will consider, but may not respond in detail to, 
each comment. As in the past, we will summarize all comments we receive 
during the comment period and respond to them after the closing date in 
any final rules.

National Environmental Policy Act (NEPA) Consideration

    The programmatic document, ``Second Final Supplemental 
Environmental Impact Statement: Issuance of Annual Regulations 
Permitting the Sport Hunting of Migratory Birds (EIS 20130139),'' filed 
with the Environmental Protection Agency (EPA) on May 24, 2013, 
addresses NEPA compliance by the Service for issuance of the annual 
framework regulations for hunting of migratory game bird species. We 
published a notice of availability in the Federal Register on May 31, 
2013 (78 FR 32686), and our Record of Decision on July 26, 2013 (78 FR 
45376). We also address NEPA compliance for waterfowl hunting 
frameworks through the annual preparation of separate environmental 
assessments, the most recent being ``Duck Hunting Regulations for 2017-
18,'' with its corresponding April 7, 2017, 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 2018-19 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) in the Office of Management 
and Budget (OMB) will review all significant rules. OIRA has reviewed 
this rule and has determined that this rule is significant because it 
would have an annual effect of $100 million or more on the economy.
    E.O. 13563 reaffirms the principles of E.O. 12866 while calling for 
improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.
    An economic analysis was prepared for the 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 2018-19 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

[[Page 36312]]

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 through 2017-18 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-2017-
0028.

Regulatory Flexibility Act

    The annual migratory bird hunting regulations have a significant 
economic impact on substantial numbers of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). We analyzed the 
economic impacts of the annual hunting regulations on small business 
entities in detail as part of the 1981 cost-benefit analysis. This 
analysis was revised annually from 1990 through 1995. In 1995, the 
Service issued a Small Entity Flexibility Analysis (Analysis), which 
was subsequently updated in 1996, 1998, 2004, 2008, and 2013. The 
primary source of information about hunter expenditures for migratory 
game bird hunting is the National Hunting and Fishing Survey, which is 
generally conducted at 5-year intervals. The 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-2017-0028.

Clarity of the Rule

    We are required by E.O. 12866 and 12988 and by the Presidential 
Memorandum of June 1, 1998, to write all rules in plain language. This 
means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in ADDRESSES. To better help us 
revise the rule, your comments should be as specific as possible. For 
example, you should tell us the numbers of the sections or paragraphs 
that are unclearly written, which sections or sentences are too long, 
the sections where you feel lists or tables would be useful, etc.

Small Business Regulatory Enforcement Fairness Act

    This proposed rule is a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. For the reasons outlined 
above, this rule would have an annual effect on the economy of $100 
million or more. However, because this rule would establish hunting 
seasons, we do not plan to defer the effective date under the exemption 
contained in 5 U.S.C. 808(1).

Paperwork Reduction Act

    This proposed rule contains existing and new information 
collections. All information collections require 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.
    The new reporting and recordkeeping requirements identified below 
must be approved by OMB:
    (1) Tribes that wish to use the guidelines to establish special 
hunting regulations for the annual migratory game bird hunting season 
are required to submit a proposal that includes:
    (a) The requested migratory game bird hunting season dates and 
other details regarding the proposed regulations;
    (b) Harvest anticipated under the proposed regulations; and
    (c) Tribal capabilities to enforce migratory game bird hunting 
regulations.
    (2) State and U.S. territory governments that wish to establish 
annual migratory game bird hunting seasons are required to provide the 
requested dates and other details for hunting seasons in their 
respective States or Territories.
    Title: Establishment of Annual Migratory Bird Hunting Seasons, 50 
CFR part 20.
    OMB Control Number: 1018-XXXX.
    Service Form Number: None.
    Type of Request: Request for a new OMB Control Number.
    Description of Respondents: State and Tribal governments.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: Annually.
    Estimated Number of Annual Respondents: 82 (52 State governments 
and Territories and 30 Tribal governments).
    Estimated Number of Annual Responses: 82.
    Average Completion Time per Response: 4 hours.
    Estimated Total Annual Burden Hours: 328.
    Estimated Annual Non-hour Burden Cost: None.
    As part of our continuing effort to reduce paperwork and respondent 
burdens, we invite the public and other federal agencies to comment on 
any aspect of this information collection, including:
    (1) Whether or not the collection of information is necessary, 
including whether or not the information will have practical utility;
    (2) The accuracy of our estimate of the burden for this collection 
of information;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) Ways to minimize the burden of the collection of information on 
respondents.
    Send your comments and suggestions on this information collection 
by the date indicated in the DATES section to the Desk Officer for the 
Department of the Interior at OMB-OIRA at (202) 395-5806 (fax) or 
[email protected] (email). Please provide a copy of your 
comments to the Service Information Collection Clearance Officer, U.S. 
Fish and Wildlife Service, 5275 Leesburg Pike, MS: BPHC, Falls Church, 
VA 22041-3803 (mail); or [email protected] (email). Please reference 
OMB Control Number 1018-BB73 in the subject line of your comments.

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

[[Page 36313]]

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 
2018-19 migratory bird hunting season. The resulting proposals will be 
contained in a separate proposed rule. By virtue of these actions, we 
have consulted with tribes affected by this rule.

Federalism Effects

    Due to the migratory nature of certain species of birds, the 
Federal Government has been given responsibility over these species by 
the Migratory Bird Treaty Act. We annually prescribe frameworks from 
which the States make selections regarding the hunting of migratory 
birds, and we employ guidelines to establish special regulations on 
Federal Indian reservations and ceded lands. This process preserves the 
ability of the States and tribes to determine which seasons meet their 
individual needs. Any State or Indian tribe may be more restrictive 
than the Federal frameworks at any time. The frameworks are developed 
in a cooperative process with the States and the Flyway Councils. This 
process allows States to participate in the development of frameworks 
from which they will make selections, thereby having an influence on 
their own regulations. These rules do not have a substantial direct 
effect on fiscal capacity, change the roles or responsibilities of 
Federal or State governments, or intrude on State policy or 
administration. Therefore, in accordance with E.O. 13132, these 
regulations do not have significant federalism effects and do not have 
sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

Executive Order 13771--Reducing Regulation and Controlling Regulatory 
Costs

    This action is not subject to Executive Order 13771 (82 FR 9339, 
February 3, 2017) because it is issued with respect to routine hunting 
and fishing activities.

List of Subjects in 50 CFR Part 20

    Exports, Hunting, Imports, Reporting and recordkeeping 
requirements, Transportation, Wildlife.

    Authority: The rules that eventually will be promulgated for the 
2018-19 hunting season are authorized under 16 U.S.C. 703-711, 712, 
and 742 a-j.

    Dated: June 13, 2017.
Virginia H. Johnson,
Acting Assistant Secretary for Fish and Wildlife and Parks.

Proposed 2018-19 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 2017-18 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 categories containing substantial 
recommendations are discussed below.

A. General Harvest Strategy

    We propose to continue using adaptive harvest management (AHM) to 
help determine appropriate duck-hunting regulations for the 2018-19 
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 have specific hunting strategies for species of special 
concern, such as black ducks, 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 
mallard populations that contribute 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, Oregon, Washington, and British Columbia (as based 
on State- or Province-conducted surveys).
    For the 2018-19 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

[[Page 36314]]

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
    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 beginning with the 2016-17 seasons 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.
    Since 2000, we have relied on an adaptive harvest management 
strategy for eastern mallards as the basis for setting the season 
lengths and total bag limits for duck hunting in the Atlantic Flyway. A 
drawback of this strategy is that the primary breeding range of eastern 
mallards is the northeastern United States, whereas eastern Canada is 
the origin of most other ducks (except wood ducks) that are harvested 
in the Atlantic Flyway. Due to the differences in their ranges, factors 
that affect the population status of eastern mallards do not 
necessarily have the same influence on those other duck species, 
potentially resulting in differing population trajectories. Poor 
performance by our eastern mallard population models is another 
drawback; they have consistently over-predicted the population size 
since 2009.
    Consequently, we are working with the Atlantic Flyway Council to 
develop a new decision framework for determining annual duck hunting 
regulations in the Atlantic Flyway that will be based on the collective 
status of five representative duck species: mallard, wood duck, green-
winged teal, ring-necked duck, and common goldeneye. These species 
represent the suite of waterfowl habitats that Atlantic Flyway agencies 
and partners are trying to conserve and protect, and together they 
comprise about 60 percent of the ducks harvested annually in the 
Atlantic Flyway. We plan to implement the new decision framework for 
the 2019-20 hunting season. If our current eastern mallard harvest 
strategy indicates that mallard harvest should be restricted before the 
new framework is adopted, we will implement appropriate restrictions 
(e.g., adjust the Atlantic Flyway's daily bag limit for mallards 
accordingly).
    A complete copy of the AHM report can be found on http://www.regulations.gov or at http://www.fws.gov/migratorybirds/pdf/management/AHM/SEIS&AHMReportFinal.pdf.
Final 2018-19 AHM Protocol
    We will detail the final AHM protocol for the 2018-19 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 2018-19 Seasons at the end of 
this proposed rule for further information). We will propose a specific 
regulatory alternative in December for each of the Flyways to use for 
their 2018-19 seasons after status information becomes available in 
late August 2017.

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 2018-19, we propose to utilize the same regulatory alternatives 
that are in effect for the 2017-18 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. 
Comments on the proposed alternatives will be accepted until July 15, 
2017. Following receipt of public input, we will finalize the 
regulatory alternatives for each of the

[[Page 36315]]

Flyways for the 2018-19 seasons in mid-August 2017.

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 2018-19 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 and the 2017-18 seasons, 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 2018-19 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.
8. Swans
    Frameworks for swan hunting seasons in certain Atlantic and Central 
Flyway States (North Carolina, Virginia, Montana, North Dakota, and 
South Dakota) currently only allow the take of tundra swans. In recent 
years, some Interior Population (IP) trumpeter swans have been present 
during fall and winter in those States. This population has grown from 
43 birds in 1968 to more than 27,000 in 2015, an annual growth rate of 
14.4 percent. Given the rapid growth rate of the IP, it is likely that 
migrating and wintering trumpeter swan numbers will increase in the 
Atlantic, Mississippi, and Central Flyways. Tundra swans and trumpeter 
swans are very similar in appearance, particularly at a distance. At 
present, any hunter who mistakenly shoots a trumpeter swan during the 
tundra swan season is violating the law by taking a species for which 
no hunting season has been authorized. As their numbers continue to 
increase, more IP trumpeter swans will likely be present in tundra swan 
hunting areas during the hunting season; this situation would result in 
more hunters accidentally taking a trumpeter swan, making those hunters 
criminally liable for taking a protected species illegally. Thus, there 
is a need to address the potential for misidentification and accidental 
take of trumpeter swans that may arise with existing tundra swan 
hunting seasons.
    We have prepared a draft Environmental Assessment (DEA) to assess 
the impacts of establishing a framework for hunting regulations to 
govern the take of both trumpeter and tundra swans in the portions of 
the Atlantic, Mississippi, and Central Flyways that currently have 
operational hunting seasons on Eastern Population tundra swans or may 
have in the future. The proposed action identified in this DEA would 
allow limited take of trumpeter swans, but only during hunting seasons 
established to provide opportunities to hunt tundra swans. New swan 
hunting seasons (i.e., seasons in areas that are currently closed to 
swan hunting) would not be approved unless the requesting State 
demonstrates that >90 percent of the swans in the proposed hunt area 
are tundra swans.
    The DEA is available for public review and may be found at http://www.regulations.gov at Docket No. FWS-HQ-MB-2017-0028 or from the 
Division of Migratory Bird Management (see FOR FURTHER INFORMATION 
CONTACT). We prepared this DEA in carrying out our responsibility to 
conserve migratory bird populations and to fulfill our responsibilities 
under NEPA. Comments will be accepted until October 15, 2017. Following 
receipt of public input, we will prepare a final environment 
assessment, which will help inform future decisions regarding 
regulation of swan hunting.
16. Doves
    Last season (82 FR 24786; May 30, 2017), we approved an earlier 
opening date (fixed date of September 14) in Texas's South Dove Zone, 
which is about one week earlier (on average) than was previously 
allowed, and allowed split seasons in the Western Management Unit (WMU) 
so that the WMU could be consistent with the other dove management 
units regarding zoning and split seasons. We also considered, but did 
not approve, a recommendation for the Eastern Management Unit (EMU) to 
have a closing framework date of January 31, versus the current closing 
date of January 15. While we proposed and ultimately approved the Texas 
and WMU changes last season, we requested more information on the 
rationale and biological impacts for the EMU request. Both of the 
approved framework changes and the still-pending EMU recommendation 
require changes to the National Dove Harvest Management Strategy 
(Strategy). The previously approved changes are designed to provide 
more flexibility in opportunities to hunt doves, and would not 
significantly increase harvest and we propose to revise the Strategy as 
such. Additional information on the EMU issue was provided at the June 
21, 2017, SRC meeting. We are reviewing that information.
BILLING CODE 4333-15-P

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[[Page 36317]]


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[FR Doc. 2017-16353 Filed 8-2-17; 8:45 am]
 BILLING CODE 4333-15-C



                                                     36308                  Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Proposed Rules

                                                     DEPARTMENT OF THE INTERIOR                              17–18, 2017. Meetings on both days will               migratory game bird hunting regulations
                                                                                                             commence at approximately 8:30 a.m.                   using a new schedule that combines the
                                                     Fish and Wildlife Service                               ADDRESSES: You may submit comments                    previously used early- and late-season
                                                                                                             on the proposals by one of the following              regulatory processes into a single
                                                     50 CFR Part 20                                          methods:                                              process. We make decisions for harvest
                                                     [Docket No. FWS–HQ–MB–2017–0028;                          • Federal eRulemaking Portal: http://               management based on predictions
                                                     FF09M21200–178–FXMB1231099BPP0]                         www.regulations.gov. Follow the                       derived from long-term biological
                                                                                                             instructions for submitting comments                  information and established harvest
                                                     RIN 1018–BB73                                                                                                 strategies and, therefore, can establish
                                                                                                             on Docket No. FWS–HQ–MB–2017–
                                                                                                             0028.                                                 migratory bird hunting seasons much
                                                     Migratory Bird Hunting; Proposed
                                                     2018–19 Migratory Game Bird Hunting                       • U.S. mail or hand-delivery: Public                earlier than the system we used for
                                                                                                             Comments Processing, Attn: FWS–HQ–                    many years. Under the new process, we
                                                     Regulations (Preliminary) With                                                                                develop proposed hunting season
                                                     Requests for Indian Tribal Proposals;                   MB–2017–0028; Division of Policy,
                                                                                                             Performance, and Management                           frameworks for a given year in the fall
                                                     Notice of Meetings                                                                                            of the prior year. We then finalize those
                                                                                                             Programs; U.S. Fish and Wildlife
                                                     AGENCY:   Fish and Wildlife Service,                    Service, MS: BPHC; 5275 Leesburg Pike,                frameworks a few months later, thereby
                                                     Interior.                                               Falls Church, VA 22041.                               enabling the State agencies to select and
                                                     ACTION: Proposed rule; availability of                    We will not accept emailed or faxed                 publish their season dates in early
                                                                                                             comments. We will post all comments                   summer. This proposed rule is the first
                                                     supplemental information.
                                                                                                             on http://www.regulations.gov. This                   in a series of proposed and final
                                                     SUMMARY:   The U.S. Fish and Wildlife                   generally means that your entire                      rulemaking documents for the
                                                     Service (hereinafter the Service or we)                 submission—including any personal                     establishment of the 2018–19 hunting
                                                     proposes to establish annual hunting                    identifying information—will be posted                seasons.
                                                     regulations for certain migratory game                  on the Web site. See the Public                       Background and Overview
                                                     birds for the 2018–19 hunting season.                   Comments section, below, for more
                                                     We annually prescribe outside limits                                                                            Migratory game birds are those bird
                                                                                                             information.
                                                     (frameworks) within which States may                                                                          species so designated in conventions
                                                                                                               Send your comments and suggestions
                                                     select hunting seasons. This proposed                                                                         between the United States and several
                                                                                                             on the information collection
                                                                                                                                                                   foreign nations for the protection and
                                                     rule provides the regulatory schedule,                  requirements to the Desk Officer for the
                                                                                                                                                                   management of these birds. Under the
                                                     announces the Service Migratory Bird                    Department of the Interior at OMB–
                                                                                                                                                                   Migratory Bird Treaty Act (16 U.S.C.
                                                     Regulations Committee (SRC) and                         OIRA at (202) 395–5806 (fax) or OIRA_
                                                                                                                                                                   703–712), the Secretary of the Interior is
                                                     Flyway Council meetings, describes the                  Submission@omb.eop.gov (email).
                                                                                                                                                                   authorized to determine when ‘‘hunting,
                                                     proposed regulatory alternatives for the                Please provide a copy of your comments
                                                                                                                                                                   taking, capture, killing, possession, sale,
                                                     2018–19 duck hunting seasons, and                       to the Service Information Collection
                                                                                                                                                                   purchase, shipment, transportation,
                                                     requests proposals from Indian tribes                   Clearance Officer, U.S. Fish and
                                                                                                                                                                   carriage, or export of any * * * bird, or
                                                     that wish to establish special migratory                Wildlife Service, 5275 Leesburg Pike,
                                                                                                                                                                   any part, nest, or egg’’ of migratory game
                                                     game bird hunting regulations on                        MS: BPHC, Falls Church, VA 22041–                     birds can take place, and to adopt
                                                     Federal Indian reservations and ceded                   3803 (mail); or info_coll@fws.gov                     regulations for this purpose. These
                                                     lands. Migratory bird hunting seasons                   (email). Please reference OMB Control                 regulations are written after giving due
                                                     provide opportunities for recreation and                Number 1018–BB73 in the subject line                  regard to ‘‘the zones of temperature and
                                                     sustenance; aid Federal, State, and tribal              of your comments.                                     to the distribution, abundance,
                                                     governments in the management of                          Meetings: The October 17–18, 2017,                  economic value, breeding habits, and
                                                     migratory game birds; and permit                        SRC meeting will be at the U.S. Fish and              times and lines of migratory flight of
                                                     harvests at levels compatible with                      Wildlife Service, 5600 American                       such birds’’ and are updated annually
                                                     migratory game bird population status                   Boulevard, Bloomington, MN 55437.                     (16 U.S.C. 704(a)). This responsibility
                                                     and habitat conditions.                                 FOR FURTHER INFORMATION CONTACT: Ron                  has been delegated to the Service as the
                                                     DATES: Comments: You may comment                        W. Kokel at: Division of Migratory Bird               lead Federal agency for managing and
                                                     on the proposed regulatory alternatives                 Management, U.S. Fish and Wildlife                    conserving migratory birds in the
                                                     for the 2018–19 season until September                  Service, Department of the Interior, MS:              United States. However, migratory game
                                                     5, 2017. You may comment on the draft                   MB, 5275 Leesburg Pike, Falls Church,                 bird management is a cooperative effort
                                                     environmental assessment to establish a                 VA 22041; (703) 358–1714.                             of State, Tribal, and Federal
                                                     framework for general swan hunting                      SUPPLEMENTARY INFORMATION:                            governments.
                                                     season in the Atlantic, Mississippi, and                                                                        The Service develops migratory game
                                                     Central Flyways until October 15, 2017.                 New Process for the Annual Migratory                  bird hunting regulations by establishing
                                                     Comments on the information collection                  Game Bird Hunting Regulations                         the frameworks, or outside limits, for
                                                     requirements must be received by                          As part of DOI’s retrospective                      season lengths, bag limits, and areas for
                                                     September 5, 2017. Following                            regulatory review, 2 years ago we                     migratory game bird hunting.
                                                     subsequent Federal Register documents,                  developed a schedule for migratory                    Acknowledging regional differences in
                                                     you will be given an opportunity to                     game bird hunting regulations that is                 hunting conditions, the Service has
                                                     submit comments on the proposed                         more efficient and provides hunting                   administratively divided the Nation into
mstockstill on DSK30JT082PROD with PROPOSALS2




                                                     frameworks by January 15, 2018. Tribes                  season dates much earlier than was                    four Flyways for the primary purpose of
                                                     must submit proposals and related                       possible under the old process. The new               managing migratory game birds. Each
                                                     comments on or before December 1,                       process makes planning much easier for                Flyway (Atlantic, Mississippi, Central,
                                                     2017.                                                   the States and all parties interested in              and Pacific) has a Flyway Council, a
                                                        Meetings: The SRC will meet to                       migratory bird hunting. Beginning in the              formal organization generally composed
                                                     consider and develop proposed                           summer of 2015, with the development                  of one member from each State and
                                                     regulations for the 2018–19 migratory                   of the 2016–17 hunting seasons, we                    Province in that Flyway. The Flyway
                                                     game bird hunting seasons on October                    started promulgating our annual                       Councils, established through the


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                                                                            Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Proposed Rules                                          36309

                                                     Association of Fish and Wildlife                        Announcement of Flyway Council                        notifications are illustrated in the
                                                     Agencies, also assist in researching and                Meetings                                              diagram at the end of this proposed rule.
                                                     providing migratory game bird                             Service representatives will be                     All publication dates of Federal
                                                     management information for Federal,                     present at the individual meetings of the             Register documents are target dates. All
                                                     State, and Provincial governments, as                   four Flyway Councils this August and                  sections of this and subsequent
                                                     well as private conservation entities and               September. Although agendas are not                   documents outlining hunting
                                                     the general public.                                     yet available, these meetings usually                 frameworks and guidelines are
                                                       The process for adopting migratory                    commence at 8 a.m. on the days                        organized under numbered headings.
                                                     game bird hunting regulations, located                  indicated.                                            These headings are:
                                                     in title 50 of the Code of Federal                        Atlantic Flyway Council: August 31                  1. Ducks
                                                     Regulations (CFR) at part 20, is                        and September 1, 2017; The Westin                        A. General Harvest Strategy
                                                     constrained by three primary factors.                   Annapolis, 100 Westgate Circle,                          B. Regulatory Alternatives
                                                                                                                                                                      C. Zones and Split Seasons
                                                     Legal and administrative considerations                 Annapolis, MD.                                           D. Special Seasons/Species Management
                                                     dictate how long the rulemaking process                   Mississippi Flyway Council: August                     i. September Teal Seasons
                                                     will last. Most importantly, however,                   24–25, 2017; Park Place Hotel, 300 East                  ii. September Teal/Wood Duck Seasons
                                                     the biological cycle of migratory game                  State St., Traverse City, MI 49684.                      iii. Black Ducks
                                                     birds controls the timing of data-                        Central Flyway Council: August 30–                     iv. Canvasbacks
                                                     gathering activities and thus the dates                 31, 2017; Hilton Garden Inn Manhattan                    v. Pintails
                                                     on which these results are available for                and Manhattan Conference Center, 410                     vi. Scaup
                                                                                                             South 3rd Street, Manhattan, KS.                         vii. Mottled Ducks
                                                     consideration and deliberation.
                                                                                                                                                                      viii. Wood Ducks
                                                       For the regulatory cycle, Service                       Pacific Flyway Council: August 25,
                                                                                                                                                                      ix. Youth Hunt
                                                     biologists gather, analyze, and interpret               2017; Hotel RL Spokane at the Park, 303                  x. Mallard Management Units
                                                     biological survey data and provide this                 W. North River Drive, Spokane, WA.                       xi. Other
                                                     information to all those involved in the                Notice of Intent To Establish Open                    2. Sea Ducks
                                                                                                                                                                   3. Mergansers
                                                     process through a series of published                   Seasons                                               4. Canada Geese
                                                     status reports and presentations to                        This document announces our intent                    A. Special Early Seasons
                                                     Flyway Councils and other interested                    to establish open hunting seasons and                    B. Regular Seasons
                                                     parties. Because the Service is required                daily bag and possession limits for                      C. Special Late Seasons
                                                     to take abundance of migratory game                     certain designated groups or species of               5. White-fronted Geese
                                                     birds and other factors into                                                                                  6. Brant
                                                                                                             migratory game birds for 2018–19 in the               7. Snow and Ross’s (Light) Geese
                                                     consideration, the Service undertakes a                 contiguous United States, Alaska,
                                                     number of surveys throughout the year                                                                         8. Swans
                                                                                                             Hawaii, Puerto Rico, and the Virgin                   9. Sandhill Cranes
                                                     in conjunction with Service Regional                    Islands, under §§ 20.101 through 20.107,              10. Coots
                                                     Offices, the Canadian Wildlife Service,                 20.109, and 20.110 of subpart K of 50                 11. Moorhens and Gallinules
                                                     and State and Provincial wildlife-                      CFR part 20. For the 2018–19 migratory                12. Rails
                                                     management agencies. To determine the                   game bird hunting season, we will                     13. Snipe
                                                     appropriate frameworks for each                         propose regulations for certain                       14. Woodcock
                                                     species, we consider factors such as                    designated members of the avian
                                                                                                                                                                   15. Band-tailed Pigeons
                                                     population size and trend, geographical                                                                       16. Doves
                                                                                                             families Anatidae (ducks, geese, and                  17. Alaska
                                                     distribution, annual breeding effort,                   swans); Columbidae (doves and
                                                     condition of breeding and wintering                                                                           18. Hawaii
                                                                                                             pigeons); Gruidae (cranes); Rallidae                  19. Puerto Rico
                                                     habitat, number of hunters, and                         (rails, coots, moorhens, and gallinules);             20. Virgin Islands
                                                     anticipated harvest. After frameworks                   and Scolopacidae (woodcock and                        21. Falconry
                                                     are established for season lengths, bag                 snipe). We describe these proposals                   22. Other
                                                     limits, and areas for migratory game bird               under Proposed 2018–19 Migratory
                                                     hunting, States may select season dates,                                                                         Later sections of this and subsequent
                                                                                                             Game Bird Hunting Regulations                         documents will refer only to numbered
                                                     bag limits, and other regulatory options                (Preliminary) in this document. We
                                                     for the hunting seasons. States may                                                                           items requiring your attention.
                                                                                                             annually publish definitions of flyways               Therefore, it is important to note that we
                                                     always be more conservative in their                    and management units, and a
                                                     selections than the Federal frameworks,                                                                       will omit those items requiring no
                                                                                                             description of the data used in and the               attention, so remaining numbered items
                                                     but never more liberal.                                 factors affecting the regulatory process              will be discontinuous, making the list
                                                     Service Migratory Bird Regulations                      (see May 30, 2017, Federal Register (82               appear incomplete.
                                                     Committee Meetings                                      FR 24786) for the latest definitions and                 The proposed regulatory alternatives
                                                                                                             descriptions).                                        for the 2018–19 duck hunting seasons
                                                       The SRC will conduct an open                                                                                are contained at the end of this
                                                     meeting on October 17–18, 2017, to                      Regulatory Schedule for 2018–19
                                                                                                                                                                   document. We plan to publish final
                                                     review information on the current status                  This document is the first in a series              regulatory alternatives in mid-August.
                                                     of migratory game birds and develop                     of proposed, supplemental, and final                  We plan to publish proposed season
                                                     2018–19 migratory game bird                             rulemaking documents for migratory
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                                                                                                                                                                   frameworks in mid-December 2017. We
                                                     regulations recommendations for these                   game bird hunting regulations. We will                plan to publish final season frameworks
                                                     species. In accordance with                             publish additional supplemental                       in late February 2018.
                                                     Departmental policy, these meetings are                 proposals for public comment in the
                                                     open to public observation. You may                     Federal Register as population, habitat,              Review of Public Comments
                                                     submit written comments to the Service                  harvest, and other information become                   This proposed rulemaking contains
                                                     on the matters discussed. See DATES and                 available. Major steps in the 2018–19                 the proposed regulatory alternatives for
                                                     ADDRESSES for information about these                   regulatory cycle relating to open public              the 2018–19 duck hunting seasons. This
                                                     meetings.                                               meetings and Federal Register                         proposed rulemaking also describes


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                                                     36310                  Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Proposed Rules

                                                     other recommended changes or specific                   Service, 2800 Cottage Way, Sacramento,                especially when the surrounding States
                                                     preliminary proposals that vary from the                CA 95825–1846; (916) 414–6480.                        have established or intend to establish
                                                     2017–18 regulations and issues                                                                                regulations governing migratory bird
                                                                                                             Requests for Tribal Proposals
                                                     requiring early discussion, action, or the                                                                    hunting by non-Indians on these lands.
                                                     attention of the States or tribes. We will              Background                                            In such cases, we encourage the tribes
                                                     publish responses to all proposals and                     Beginning with the 1985–86 hunting                 and States to reach agreement on
                                                     written comments when we develop                        season, we have employed guidelines                   regulations that would apply throughout
                                                     final frameworks for the 2018–19                        described in the June 4, 1985, Federal                the reservations. When appropriate, we
                                                     season. We seek additional information                  Register (50 FR 23467) to establish                   will consult with a tribe and State with
                                                     and comments on this proposed rule.                     special migratory game bird hunting                   the aim of facilitating an accord. We
                                                                                                             regulations on Federal Indian                         also will consult jointly with tribal and
                                                     Consolidation of Rulemaking                                                                                   State officials in the affected States
                                                     Documents                                               reservations (including off-reservation
                                                                                                             trust lands) and ceded lands. We                      where tribes may wish to establish
                                                        For administrative purposes, this                                                                          special hunting regulations for tribal
                                                                                                             developed these guidelines in response
                                                     document consolidates the notice of our                                                                       members on ceded lands. It is
                                                                                                             to tribal requests for our recognition of
                                                     intent to establish open migratory game                                                                       incumbent upon the tribe and/or the
                                                                                                             their reserved hunting rights, and for
                                                     bird hunting seasons and the request for                                                                      State to request consultation as a result
                                                                                                             some tribes, recognition of their
                                                     tribal proposals with the preliminary                                                                         of the proposal being published in the
                                                                                                             authority to regulate hunting by both
                                                     proposals for the annual hunting                                                                              Federal Register. We will not presume
                                                                                                             tribal and nontribal members
                                                     regulations-development process. We                                                                           to make a determination, without being
                                                                                                             throughout their reservations. The
                                                     will publish the remaining proposed                                                                           advised by either a tribe or a State, that
                                                                                                             guidelines include possibilities for:
                                                     and final rulemaking documents                                                                                any issue is or is not worthy of formal
                                                                                                                (1) On-reservation hunting by both
                                                     separately. For inquiries on tribal                                                                           consultation.
                                                                                                             tribal and nontribal members, with                       One of the guidelines provides for the
                                                     guidelines and proposals, tribes should                 hunting by nontribal members on some
                                                     contact the following personnel:                                                                              continuation of tribal members’ harvest
                                                                                                             reservations to take place within Federal             of migratory game birds on reservations
                                                        Region 1 (Idaho, Oregon, Washington,
                                                                                                             frameworks, but on dates different from               where such harvest is a customary
                                                     Hawaii, and the Pacific Islands)—
                                                                                                             those selected by the surrounding                     practice. We do not oppose this harvest,
                                                     Nanette Seto, U.S. Fish and Wildlife
                                                                                                             State(s);                                             provided it does not take place during
                                                     Service, 911 NE. 11th Avenue, Portland,
                                                                                                                (2) On-reservation hunting by tribal               the closed season required by the
                                                     OR 97232–4181; (503) 231–6164.
                                                        Region 2 (Arizona, New Mexico,                       members only, outside of usual Federal                Convention, and it is not so large as to
                                                     Oklahoma, and Texas)—Scott Carleton,                    frameworks for season dates, season                   adversely affect the status of the
                                                     U.S. Fish and Wildlife Service, 500 Gold                length, and daily bag and possession                  migratory game bird resource. Since the
                                                     Avenue SW., Albuquerque, NM 87102;                      limits; and                                           inception of these guidelines, we have
                                                     (505) 248–6639.                                            (3) Off-reservation hunting by tribal              reached annual agreement with tribes
                                                        Region 3 (Illinois, Indiana, Iowa,                   members on ceded lands, outside of                    for migratory game bird hunting by
                                                     Michigan, Minnesota, Missouri, Ohio,                    usual framework dates and season                      tribal members on their lands or on
                                                     and Wisconsin)—Tom Cooper, U.S. Fish                    length, with some added flexibility in                lands where they have reserved hunting
                                                     and Wildlife Service, 5600 American                     daily bag and possession limits.                      rights. We will continue to consult with
                                                     Blvd. West, Suite 990, Bloomington, MN                     In all cases, tribal regulations                   tribes that wish to reach a mutual
                                                     55437–1458; (612) 713–5101.                             established under the guidelines must                 agreement on hunting regulations for
                                                        Region 4 (Alabama, Arkansas, Florida,                be consistent with the annual March 11                on-reservation hunting by tribal
                                                     Georgia, Kentucky, Louisiana,                           to August 31 closed season mandated by                members. Tribes should not view the
                                                     Mississippi, North Carolina, Puerto                     the 1916 Convention Between the                       guidelines as inflexible. We believe that
                                                     Rico, Virgin Islands, South Carolina,                   United States and Great Britain (for                  they provide appropriate opportunity to
                                                     and Tennessee)—Laurel Barnhill, U.S.                    Canada) for the Protection of Migratory               accommodate the reserved hunting
                                                     Fish and Wildlife Service, 1875 Century                 Birds (Convention). The guidelines are                rights and management authority of
                                                     Boulevard, Room 324, Atlanta, GA                        applicable to those tribes that have                  Indian tribes while also ensuring that
                                                     30345; (404) 679–4000.                                  reserved hunting rights on Federal                    the migratory game bird resource
                                                        Region 5 (Connecticut, Delaware,                     Indian reservations (including off-                   receives necessary protection. The
                                                     Maine, Maryland, Massachusetts, New                     reservation trust lands) and ceded lands.             conservation of this important
                                                     Hampshire, New Jersey, New York,                        They also may be applied to the                       international resource is paramount.
                                                     Pennsylvania, Rhode Island, Vermont,                    establishment of migratory game bird                  Use of the guidelines is not required if
                                                     Virginia, and West Virginia)—Pam                        hunting regulations for nontribal                     a tribe wishes to observe the hunting
                                                     Toschik, U.S. Fish and Wildlife Service,                members on all lands within the                       regulations established by the State(s) in
                                                     300 Westgate Center Drive, Hadley, MA                   exterior boundaries of reservations                   which the reservation is located.
                                                     01035–9589; (413) 253–8610.                             where tribes have full wildlife-
                                                                                                             management authority over such                        Details Needed in Tribal Proposals
                                                        Region 6 (Colorado, Kansas, Montana,
                                                     Nebraska, North Dakota, South Dakota,                   hunting, or where the tribes and affected               Tribes that wish to use the guidelines
                                                     Utah, and Wyoming)—Casey Stemler,                       States otherwise have reached                         to establish special hunting regulations
                                                                                                             agreement over hunting by nontribal                   for the 2018–19 migratory game bird
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                                                     U.S. Fish and Wildlife Service, P.O. Box
                                                     25486, Denver Federal Building,                         members on non-Indian lands.                          hunting season should submit a
                                                     Denver, CO 80225; (303) 236–8145.                          Tribes usually have the authority to               proposal that includes: (1) The
                                                        Region 7 (Alaska)—Pete Probasco,                     regulate migratory game bird hunting by               requested migratory game bird hunting
                                                     U.S. Fish and Wildlife Service, 1011                    nonmembers on Indian-owned                            season dates and other details regarding
                                                     East Tudor Road, Anchorage, AK 99503;                   reservation lands, subject to our                     the proposed regulations; (2) Harvest
                                                     (907) 786–3423.                                         approval. The question of jurisdiction is             anticipated under the proposed
                                                        Region 8 (California and Nevada)—                    more complex on reservations that                     regulations; and (3) Tribal capabilities to
                                                     Amedee Brickey, U.S. Fish and Wildlife                  include lands owned by non-Indians,                   enforce migratory game bird hunting


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                                                                            Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Proposed Rules                                         36311

                                                     regulations. For those situations where                 Finally, we will not consider hand-                   Reservations and Ceded Lands’’ is
                                                     it could be shown that failure to limit                 delivered comments that we do not                     available from the address indicated
                                                     Tribal harvest could seriously impact                   receive, or mailed comments that are                  under the caption FOR FURTHER
                                                     the migratory game bird resource, we                    not postmarked, by the date specified in              INFORMATION CONTACT.
                                                     also request information on the methods                 DATES. We will post all comments in
                                                                                                                                                                   Endangered Species Act Consideration
                                                     employed to monitor harvest and any                     their entirety—including your personal
                                                     potential steps taken to limit level of                 identifying information—on http://                      Before issuance of the 2018–19
                                                     harvest.                                                www.regulations.gov. Before including                 migratory game bird hunting
                                                        A tribe that desires the earliest                    your address, phone number, email                     regulations, we will comply with
                                                     possible opening of the migratory game                  address, or other personal identifying                provisions of the Endangered Species
                                                     bird season for nontribal members                       information in your comment, you                      Act of 1973, as amended (16 U.S.C.
                                                     should specify this request in its                      should be aware that your entire                      1531–1543; hereinafter the Act), to
                                                     proposal, rather than request a date that               comment—including your personal                       ensure that hunting is not likely to
                                                     might not be within the final Federal                   identifying information—may be made                   jeopardize the continued existence of
                                                     frameworks. Similarly, unless a tribe                   publicly available at any time. While                 any species designated as endangered or
                                                     wishes to set more restrictive                          you can ask us in your comment to                     threatened or modify or destroy its
                                                     regulations than Federal regulations will               withhold your personal identifying                    critical habitat and is consistent with
                                                     permit for nontribal members, the                       information from public review, we                    conservation programs for those species.
                                                     proposal should request the same daily                  cannot guarantee that we will be able to              Consultations under section 7 of the Act
                                                     bag and possession limits and season                    do so. Comments and materials we                      may cause us to change proposals in
                                                     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)
                                                     Tribal Proposal Procedures                              www.regulations.gov, or by
                                                                                                             appointment, during normal business                     Executive Order (E.O.) 12866 provides
                                                        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) in the Office
                                                     Federal Register documents. Because of                  Management, 5275 Leesburg Pike, Falls                 of Management and Budget (OMB) will
                                                     the time required for review by us and                  Church, VA 22041.                                     review all significant rules. OIRA has
                                                     the public, Indian tribes that desire                      For each series of proposed                        reviewed this rule and has determined
                                                     special migratory game bird hunting                     rulemakings, we will establish specific               that this rule is significant because it
                                                     regulations for the 2018–19 hunting                     comment periods. We will consider, but                would have an annual effect of $100
                                                     season should submit their proposals no                 may not respond in detail to, each                    million or more on the economy.
                                                     later than December 1, 2017. Tribes                     comment. As in the past, we will                        E.O. 13563 reaffirms the principles of
                                                     should direct inquiries regarding the                   summarize all comments we receive                     E.O. 12866 while calling for
                                                     guidelines and proposals to the                         during the comment period and respond                 improvements in the nation’s regulatory
                                                     appropriate Service Regional Office                     to them after the closing date in any                 system to promote predictability, to
                                                     listed above under the caption                          final rules.                                          reduce uncertainty, and to use the best,
                                                     Consolidation of Rulemaking                                                                                   most innovative, and least burdensome
                                                     Documents. Tribes that request special                  National Environmental Policy Act                     tools for achieving regulatory ends. The
                                                                                                             (NEPA) Consideration                                  executive order directs agencies to
                                                     migratory game bird hunting regulations
                                                     for tribal members on ceded lands                          The programmatic document,                         consider regulatory approaches that
                                                     should send a courtesy copy of the                      ‘‘Second Final Supplemental                           reduce burdens and maintain flexibility
                                                     proposal to officials in the affected                   Environmental Impact Statement:                       and freedom of choice for the public
                                                     State(s).                                               Issuance of Annual Regulations                        where these approaches are relevant,
                                                                                                             Permitting the Sport Hunting of                       feasible, and consistent with regulatory
                                                     Public Comments                                         Migratory Birds (EIS 20130139),’’ filed               objectives. E.O. 13563 emphasizes
                                                        The Department of the Interior’s                     with the Environmental Protection                     further that regulations must be based
                                                     policy is, whenever practicable, to                     Agency (EPA) on May 24, 2013,                         on the best available science and that
                                                     afford the public an opportunity to                     addresses NEPA compliance by the                      the rulemaking process must allow for
                                                     participate in the rulemaking process.                  Service for issuance of the annual                    public participation and an open
                                                     Accordingly, we invite interested                       framework regulations for hunting of                  exchange of ideas. We have developed
                                                     persons to submit written comments,                     migratory game bird species. We                       this rule in a manner consistent with
                                                     suggestions, or recommendations                         published a notice of availability in the             these requirements.
                                                     regarding the proposed regulations.                     Federal Register on May 31, 2013 (78                    An economic analysis was prepared
                                                     Before promulgation of final migratory                  FR 32686), and our Record of Decision                 for the 2013–14 season. This analysis
                                                     game bird hunting regulations, we will                  on July 26, 2013 (78 FR 45376). We also               was based on data from the 2011
                                                     take into consideration all comments we                 address NEPA compliance for waterfowl                 National Hunting and Fishing Survey,
                                                     receive. Such comments, and any                         hunting frameworks through the annual                 the most recent year for which data are
                                                     additional information we receive, may                  preparation of separate environmental                 available (see discussion in Regulatory
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                                                     lead to final regulations that differ from              assessments, the most recent being                    Flexibility Act section below). We will
                                                     these proposals.                                        ‘‘Duck Hunting Regulations for 2017–                  use this analysis again for the 2018–19
                                                        You may submit your comments and                     18,’’ with its corresponding April 7,                 season. This analysis estimated
                                                     materials concerning this proposed rule                 2017, finding of no significant impact.               consumer surplus for three alternatives
                                                     by one of the methods listed in                         In addition, an August 1985                           for duck hunting (estimates for other
                                                     ADDRESSES. We will not accept                           environmental assessment entitled                     species are not quantified due to lack of
                                                     comments sent by email or fax or to an                  ‘‘Guidelines for Migratory Bird Hunting               data). The alternatives are (1) issue
                                                     address not listed in ADDRESSES.                        Regulations on Federal Indian                         restrictive regulations allowing fewer


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                                                     36312                  Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Proposed Rules

                                                     days than those issued during the 2012–                 of the methods listed in ADDRESSES. To                hunting seasons in their respective
                                                     13 season, (2) issue moderate                           better help us revise the rule, your                  States or Territories.
                                                     regulations allowing more days than                     comments should be as specific as                       Title: Establishment of Annual
                                                     those in alternative 1, and (3) issue                   possible. For example, you should tell                Migratory Bird Hunting Seasons, 50 CFR
                                                     liberal regulations identical to the                    us the numbers of the sections or                     part 20.
                                                     regulations in the 2012–13 season. For                  paragraphs that are unclearly written,                  OMB Control Number: 1018–XXXX.
                                                     the 2013–14 season, we chose                            which sections or sentences are too                     Service Form Number: None.
                                                     Alternative 3, with an estimated                        long, the sections where you feel lists or              Type of Request: Request for a new
                                                     consumer surplus across all flyways of                  tables would be useful, etc.                          OMB Control Number.
                                                     $317.8–$416.8 million. We also chose                                                                            Description of Respondents: State and
                                                                                                             Small Business Regulatory Enforcement                 Tribal governments.
                                                     alternative 3 for the 2009–10 through
                                                                                                             Fairness Act                                            Respondent’s Obligation: Required to
                                                     2017–18 seasons. The 2013–14 analysis
                                                     is part of the record for this rule and is                 This proposed rule is a major rule                 obtain or retain a benefit.
                                                     available at http://www.regulations.gov                 under 5 U.S.C. 804(2), the Small                        Frequency of Collection: Annually.
                                                     at Docket No. FWS–HQ–MB–2017–                           Business Regulatory Enforcement                         Estimated Number of Annual
                                                     0028.                                                   Fairness Act. For the reasons outlined                Respondents: 82 (52 State governments
                                                                                                             above, this rule would have an annual                 and Territories and 30 Tribal
                                                     Regulatory Flexibility Act                              effect on the economy of $100 million                 governments).
                                                        The annual migratory bird hunting                    or more. However, because this rule                     Estimated Number of Annual
                                                     regulations have a significant economic                 would establish hunting seasons, we do                Responses: 82.
                                                     impact on substantial numbers of small                  not plan to defer the effective date                    Average Completion Time per
                                                     entities under the Regulatory Flexibility               under the exemption contained in 5                    Response: 4 hours.
                                                     Act (5 U.S.C. 601 et seq.). We analyzed                 U.S.C. 808(1).                                          Estimated Total Annual Burden
                                                     the economic impacts of the annual                                                                            Hours: 328.
                                                                                                             Paperwork Reduction Act                                 Estimated Annual Non-hour Burden
                                                     hunting regulations on small business
                                                     entities in detail as part of the 1981 cost-              This proposed rule contains existing                Cost: None.
                                                     benefit analysis. This analysis was                     and new information collections. All                    As part of our continuing effort to
                                                     revised annually from 1990 through                      information collections require approval              reduce paperwork and respondent
                                                     1995. In 1995, the Service issued a                     under the Paperwork Reduction Act of                  burdens, we invite the public and other
                                                     Small Entity Flexibility Analysis                       1995 (44 U.S.C. 3501 et seq.). We may                 federal agencies to comment on any
                                                     (Analysis), which was subsequently                      not conduct or sponsor and you are not                aspect of this information collection,
                                                     updated in 1996, 1998, 2004, 2008, and                  required to respond to a collection of                including:
                                                     2013. The primary source of information                 information unless it displays a                        (1) Whether or not the collection of
                                                     about hunter expenditures for migratory                 currently valid OMB control number.                   information is necessary, including
                                                     game bird hunting is the National                       OMB has reviewed and approved the                     whether or not the information will
                                                     Hunting and Fishing Survey, which is                    information collection requirements                   have practical utility;
                                                     generally conducted at 5-year intervals.                associated with migratory bird surveys                  (2) The accuracy of our estimate of the
                                                     The 2013 Analysis was based on the                      and assigned the following OMB control                burden for this collection of
                                                     2011 National Hunting and Fishing                       numbers:                                              information;
                                                     Survey and the U.S. Department of                         • 1018–0019—North American                            (3) Ways to enhance the quality,
                                                     Commerce’s County Business Patterns,                    Woodcock Singing Ground Survey                        utility, and clarity of the information to
                                                     from which it was estimated that                        (expires 5/31/2018).                                  be collected; and
                                                     migratory bird hunters would spend                        • 1018–0023—Migratory Bird                            (4) Ways to minimize the burden of
                                                                                                             Surveys (expires 6/30/2017). Includes                 the collection of information on
                                                     approximately $1.5 billion at small
                                                                                                             Migratory Bird Harvest Information                    respondents.
                                                     businesses in 2013. Copies of the
                                                                                                             Program, Migratory Bird Hunter                          Send your comments and suggestions
                                                     Analysis are available upon request
                                                                                                             Surveys, Sandhill Crane Survey, and                   on this information collection by the
                                                     from the Division of Migratory Bird
                                                                                                             Parts Collection Survey.                              date indicated in the DATES section to
                                                     Management (see FOR FURTHER
                                                                                                               The new reporting and recordkeeping                 the Desk Officer for the Department of
                                                     INFORMATION CONTACT) or from http://
                                                                                                             requirements identified below must be                 the Interior at OMB–OIRA at (202) 395–
                                                     www.regulations.gov at Docket No.
                                                                                                             approved by OMB:                                      5806 (fax) or OIRA_Submission@
                                                     FWS–HQ–MB–2017–0028.
                                                                                                               (1) Tribes that wish to use the                     omb.eop.gov (email). Please provide a
                                                     Clarity of the Rule                                     guidelines to establish special hunting               copy of your comments to the Service
                                                        We are required by E.O. 12866 and                    regulations for the annual migratory                  Information Collection Clearance
                                                     12988 and by the Presidential                           game bird hunting season are required                 Officer, U.S. Fish and Wildlife Service,
                                                     Memorandum of June 1, 1998, to write                    to submit a proposal that includes:                   5275 Leesburg Pike, MS: BPHC, Falls
                                                     all rules in plain language. This means                   (a) The requested migratory game bird               Church, VA 22041–3803 (mail); or info_
                                                     that each rule we publish must:                         hunting season dates and other details                coll@fws.gov (email). Please reference
                                                        (a) Be logically organized;                          regarding the proposed regulations;                   OMB Control Number 1018–BB73 in the
                                                        (b) Use the active voice to address                    (b) Harvest anticipated under the                   subject line of your comments.
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                                                     readers directly;                                       proposed regulations; and
                                                                                                               (c) Tribal capabilities to enforce                  Unfunded Mandates Reform Act
                                                        (c) Use clear language rather than
                                                     jargon;                                                 migratory game bird hunting                             We have determined and certify, in
                                                        (d) Be divided into short sections and               regulations.                                          compliance with the requirements of the
                                                     sentences; and                                            (2) State and U.S. territory                        Unfunded Mandates Reform Act, 2
                                                        (e) Use lists and tables wherever                    governments that wish to establish                    U.S.C. 1502 et seq., that this proposed
                                                     possible.                                               annual migratory game bird hunting                    rulemaking would not impose a cost of
                                                        If you feel that we have not met these               seasons are required to provide the                   $100 million or more in any given year
                                                     requirements, send us comments by one                   requested dates and other details for                 on local or State government or private


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                                                                            Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Proposed Rules                                           36313

                                                     entities. Therefore, this rule is not a                 Migratory Bird Treaty Act. We annually                1. Ducks
                                                     ‘‘significant regulatory action’’ under                 prescribe frameworks from which the                     Categories used to discuss issues
                                                     the Unfunded Mandates Reform Act.                       States make selections regarding the                  related to duck harvest management are:
                                                                                                             hunting of migratory birds, and we                    (A) General Harvest Strategy, (B)
                                                     Civil Justice Reform—Executive Order
                                                                                                             employ guidelines to establish special                Regulatory Alternatives, (C) Zones and
                                                     12988
                                                                                                             regulations on Federal Indian                         Split Seasons, and (D) Special Seasons/
                                                       The Department, in promulgating this                  reservations and ceded lands. This
                                                     proposed rule, has determined that this                                                                       Species Management. Only those
                                                                                                             process preserves the ability of the                  categories containing substantial
                                                     proposed rule will not unduly burden                    States and tribes to determine which
                                                     the judicial system and that it meets the                                                                     recommendations are discussed below.
                                                                                                             seasons meet their individual needs.
                                                     requirements of sections 3(a) and 3(b)(2)               Any State or Indian tribe may be more                 A. General Harvest Strategy
                                                     of E.O. 12988.                                          restrictive than the Federal frameworks                 We propose to continue using
                                                     Takings Implication Assessment                          at any time. The frameworks are                       adaptive harvest management (AHM) to
                                                                                                             developed in a cooperative process with               help determine appropriate duck-
                                                       In accordance with E.O. 12630, this
                                                                                                             the States and the Flyway Councils.                   hunting regulations for the 2018–19
                                                     proposed rule, authorized by the
                                                                                                             This process allows States to participate             season. AHM permits sound resource
                                                     Migratory Bird Treaty Act, does not
                                                                                                             in the development of frameworks from                 decisions in the face of uncertain
                                                     have significant takings implications
                                                                                                             which they will make selections,                      regulatory impacts and provides a
                                                     and does not affect any constitutionally
                                                                                                             thereby having an influence on their                  mechanism for reducing that
                                                     protected property rights. This rule
                                                                                                             own regulations. These rules do not                   uncertainty over time. We use AHM to
                                                     would not result in the physical
                                                                                                             have a substantial direct effect on fiscal            evaluate four alternative regulatory
                                                     occupancy of property, the physical
                                                                                                             capacity, change the roles or                         levels for duck hunting based on the
                                                     invasion of property, or the regulatory
                                                                                                             responsibilities of Federal or State                  population status of mallards. We have
                                                     taking of any property. In fact, this rule
                                                                                                             governments, or intrude on State policy               specific hunting strategies for species of
                                                     would allow hunters to exercise
                                                     otherwise unavailable privileges and,                   or administration. Therefore, in                      special concern, such as black ducks,
                                                     therefore, reduce restrictions on the use               accordance with E.O. 13132, these                     scaup, and pintails.
                                                     of private and public property.                         regulations do not have significant
                                                                                                                                                                   Atlantic, Mississippi, Central, and
                                                                                                             federalism effects and do not have
                                                     Energy Effects—Executive Order 13211                                                                          Pacific Flyways
                                                                                                             sufficient federalism implications to
                                                       E.O. 13211 requires agencies to                       warrant the preparation of a federalism                 The prescribed regulatory alternative
                                                     prepare Statements of Energy Effects                    summary impact statement.                             for the Atlantic, Mississippi, Central,
                                                     when undertaking certain actions.                                                                             and Pacific Flyways is based on the
                                                                                                             Executive Order 13771—Reducing                        status of mallard populations that
                                                     While this proposed rule is a significant               Regulation and Controlling Regulatory
                                                     regulatory action under E.O. 12866, it is                                                                     contribute primarily to each Flyway. In
                                                                                                             Costs                                                 the Atlantic Flyway, we set hunting
                                                     not expected to adversely affect energy
                                                     supplies, distribution, or use. Therefore,                This action is not subject to Executive             regulations based on the population
                                                     this action is not a significant energy                 Order 13771 (82 FR 9339, February 3,                  status of mallards breeding in eastern
                                                     action and no Statement of Energy                       2017) because it is issued with respect               North America (Federal survey strata
                                                     Effects is required.                                    to routine hunting and fishing activities.            51–54 and 56, and State surveys in the
                                                                                                                                                                   Northeast and the mid-Atlantic region).
                                                     Government-to-Government                                List of Subjects in 50 CFR Part 20                    In the Central and Mississippi Flyways,
                                                     Relationship With Tribes                                                                                      we set hunting regulations based on the
                                                        In accordance with the President’s                     Exports, Hunting, Imports, Reporting                status and dynamics of mid-continent
                                                     memorandum of April 29, 1994,                           and recordkeeping requirements,                       mallards. Mid-continent mallards are
                                                     ‘‘Government-to-Government Relations                    Transportation, Wildlife.                             those breeding in central North America
                                                     with Native American Tribal                               Authority: The rules that eventually will           (Federal survey strata 13–18, 20–50, and
                                                     Governments’’ (59 FR 22951), E.O.                       be promulgated for the 2018–19 hunting                75–77, and State surveys in Minnesota,
                                                     13175, and 512 DM 2, we have                            season are authorized under 16 U.S.C. 703–            Wisconsin, and Michigan). In the Pacific
                                                     evaluated possible effects on Federally                 711, 712, and 742 a–j.                                Flyway, we set hunting regulations
                                                     recognized Indian tribes and have                         Dated: June 13, 2017.
                                                                                                                                                                   based on the status and dynamics of
                                                     determined that there are no effects on                                                                       western mallards. Western mallards are
                                                                                                             Virginia H. Johnson,                                  those breeding in Alaska and the
                                                     Indian trust resources. However, in this
                                                     proposed rule, we solicit proposals for                 Acting Assistant Secretary for Fish and               northern Yukon Territory (as based on
                                                                                                             Wildlife and Parks.                                   Federal surveys in strata 1–12), and in
                                                     special migratory bird hunting
                                                     regulations for certain tribes on Federal               Proposed 2018–19 Migratory Game                       California, Oregon, Washington, and
                                                     Indian reservations, off-reservation trust              Bird Hunting Regulations (Preliminary)                British Columbia (as based on State- or
                                                     lands, and ceded lands for the 2018–19                                                                        Province-conducted surveys).
                                                     migratory bird hunting season. The                         Pending current information on                       For the 2018–19 season, we
                                                     resulting proposals will be contained in                populations, harvest, and habitat                     recommend continuing to use
                                                                                                             conditions, and receipt of                            independent optimization to determine
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                                                     a separate proposed rule. By virtue of
                                                     these actions, we have consulted with                   recommendations from the four Flyway                  the optimal regulatory choice for each
                                                     tribes affected by this rule.                           Councils, we may defer specific                       mallard stock. This means that we
                                                                                                             regulatory proposals. No changes from                 would develop regulations for eastern
                                                     Federalism Effects                                      the 2017–18 frameworks are being                      mallards, mid-continent mallards, and
                                                       Due to the migratory nature of certain                proposed at this time. Other issues                   western mallards independently, based
                                                     species of birds, the Federal                           requiring early discussion, action, or the            upon the breeding stock that contributes
                                                     Government has been given                               attention of the States or tribes are                 primarily to each Flyway. We detailed
                                                     responsibility over these species by the                contained below:                                      implementation of this AHM decision


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                                                     36314                  Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Proposed Rules

                                                     framework for western and mid-                          changes to expected management                        2019–20 hunting season. If our current
                                                     continent mallards in the July 24, 2008,                performance for mallard, pintail, and                 eastern mallard harvest strategy
                                                     Federal Register (73 FR 43290) and for                  scaup AHM. In general, pre-survey (or                 indicates that mallard harvest should be
                                                     eastern mallards in the July 20, 2012,                  pre-SEIS necessary changes) harvest                   restricted before the new framework is
                                                     Federal Register (77 FR 42920).                         policies were similar to harvest policies             adopted, we will implement appropriate
                                                                                                             based on new post-survey (or post-SEIS                restrictions (e.g., adjust the Atlantic
                                                     Supplemental Environmental Impact
                                                                                                             necessary changes) AHM protocols. We                  Flyway’s daily bag limit for mallards
                                                     Statement (SEIS) Changes to the AHM
                                                                                                             found some subtle differences in the                  accordingly).
                                                     Process
                                                                                                             degree to which strategies prescribed                   A complete copy of the AHM report
                                                       Since 1995, the Service and Flyway                    regulatory changes in the pre-survey                  can be found on http://
                                                     Councils have applied the principles of                 policies with a reduction in the number               www.regulations.gov or at http://
                                                     adaptive management to inform harvest                   of cells indicating moderate regulations.             www.fws.gov/migratorybirds/pdf/
                                                     management decisions in the face of                     In addition, pre-survey policies became               management/AHM/
                                                     uncertainty while trying to learn about                 more liberal when the previous                        SEIS&AHMReportFinal.pdf.
                                                     system (bird populations) responses to                  regulatory decisions were more
                                                     harvest regulations and environmental                   conservative. These patterns were                     Final 2018–19 AHM Protocol
                                                     changes. Prior to the timing and process                consistent for each AHM decision-                        We will detail the final AHM protocol
                                                     changes necessary for implementation                    making framework. Overall, a                          for the 2018–19 season in the
                                                     of SEIS 2013, the annual AHM process                    comparison of simulation results of the               supplemental proposed rule, which we
                                                     began with the observation of the                       pre- and post-survey protocols did not                will publish in late July (see Schedule
                                                     system’s status each spring followed by                 suggest substantive changes in the                    of Biological Information Availability,
                                                     an updating of model weights and the                    frequency of regulations or in the                    Regulations Meetings and Federal
                                                     derivation of an optimal harvest policy                 expected average population size. These               Register Publications for the 2018–19
                                                     that was then used to inform a                          results suggest that the additional form              Seasons at the end of this proposed rule
                                                     regulatory decision (i.e., breeding                     of uncertainty that the change in                     for further information). We will
                                                     population estimates were used with a                   decision timing introduces is not                     propose a specific regulatory alternative
                                                     policy matrix to determine optimal                      expected to limit our expected harvest                in December for each of the Flyways to
                                                     regulatory decisions). The system then                  management performance with the                       use for their 2018–19 seasons after
                                                     evolves over time in response to the                    adoption of the pre-survey AHM
                                                     decision and natural variation in                                                                             status information becomes available in
                                                                                                             protocols.                                            late August 2017.
                                                     population dynamics. The following                         Since 2000, we have relied on an
                                                     spring, the monitoring programs observe                 adaptive harvest management strategy                  B. Regulatory Alternatives
                                                     the status of the system and the iterative              for eastern mallards as the basis for
                                                     decision-making process continues                                                                                The basic structure of the current
                                                                                                             setting the season lengths and total bag
                                                     forward in time. However, with the                                                                            regulatory alternatives for AHM was
                                                                                                             limits for duck hunting in the Atlantic
                                                     changes in decision timing specified by                                                                       adopted in 1997. In 2002, based upon
                                                                                                             Flyway. A drawback of this strategy is
                                                     the SEIS, the post-survey AHM process                                                                         recommendations from the Flyway
                                                                                                             that the primary breeding range of
                                                     will not be possible because monitoring                                                                       Councils, we extended framework dates
                                                                                                             eastern mallards is the northeastern
                                                     information describing the system will                                                                        in the ‘‘moderate’’ and ‘‘liberal’’
                                                                                                             United States, whereas eastern Canada
                                                     not be available at the time the decision               is the origin of most other ducks (except             regulatory alternatives by changing the
                                                     must be made. As a result, the                          wood ducks) that are harvested in the                 opening date from the Saturday nearest
                                                     optimization framework used to derive                   Atlantic Flyway. Due to the differences               October 1 to the Saturday nearest
                                                     the current harvest policy can no longer                in their ranges, factors that affect the              September 24, and by changing the
                                                     calculate current and future harvest                    population status of eastern mallards do              closing date from the Sunday nearest
                                                     values as a function of the current                     not necessarily have the same influence               January 20 to the last Sunday in
                                                     system and model weights. To address                    on those other duck species, potentially              January. These extended dates were
                                                     this issue, we adjusted the optimization                resulting in differing population                     made available with no associated
                                                     procedures beginning with the 2016–17                   trajectories. Poor performance by our                 penalty in season length or bag limits.
                                                     seasons to calculate harvest values                     eastern mallard population models is                  At that time we stated our desire to keep
                                                     conditional on the last observation of                  another drawback; they have                           these changes in place for 3 years to
                                                     the system and regulatory decision.                     consistently over-predicted the                       allow for a reasonable opportunity to
                                                       Results and analysis of our work is                   population size since 2009.                           monitor the impacts of framework-date
                                                     contained in a technical report that                       Consequently, we are working with                  extensions on harvest distribution and
                                                     provides a summary of revised methods                   the Atlantic Flyway Council to develop                rates of harvest before considering any
                                                     and assessment results based on                         a new decision framework for                          subsequent use (67 FR 12501; March 19,
                                                     updated AHM protocols developed in                      determining annual duck hunting                       2002).
                                                     response to the preferred alternative                   regulations in the Atlantic Flyway that                  For 2018–19, we propose to utilize the
                                                     specified in the SEIS. The report                       will be based on the collective status of             same regulatory alternatives that are in
                                                     describes necessary changes to                          five representative duck species:                     effect for the 2017–18 season (see
                                                     optimization procedures and decision                    mallard, wood duck, green-winged teal,                accompanying table for specifics of the
                                                     processes for the implementation of                     ring-necked duck, and common                          regulatory alternatives). Alternatives are
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                                                     AHM for midcontinent, eastern, and                      goldeneye. These species represent the                specified for each Flyway and are
                                                     western mallards, northern pintails, and                suite of waterfowl habitats that Atlantic             designated as ‘‘RES’’ for the restrictive,
                                                     scaup decision frameworks.                              Flyway agencies and partners are trying               ‘‘MOD’’ for the moderate, and ‘‘LIB’’ for
                                                       Results indicate that the necessary                   to conserve and protect, and together                 the liberal alternative. Comments on the
                                                     adjustments to the optimization                         they comprise about 60 percent of the                 proposed alternatives will be accepted
                                                     procedures and AHM protocols to                         ducks harvested annually in the                       until July 15, 2017. Following receipt of
                                                     account for changes in decision timing                  Atlantic Flyway. We plan to implement                 public input, we will finalize the
                                                     are not expected to result in major                     the new decision framework for the                    regulatory alternatives for each of the


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                                                                            Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Proposed Rules                                         36315

                                                     Flyways for the 2018–19 seasons in                      management decisions for use in                       unless the requesting State demonstrates
                                                     mid-August 2017.                                        subsequent years.                                     that >90 percent of the swans in the
                                                                                                                                                                   proposed hunt area are tundra swans.
                                                     D. Special Seasons/Species                              8. Swans
                                                     Management                                                                                                      The DEA is available for public
                                                                                                                Frameworks for swan hunting seasons                review and may be found at http://
                                                     iv. Canvasbacks                                         in certain Atlantic and Central Flyway                www.regulations.gov at Docket No.
                                                                                                             States (North Carolina, Virginia,                     FWS–HQ–MB–2017–0028 or from the
                                                        From 1994–2015, we followed a                        Montana, North Dakota, and South                      Division of Migratory Bird Management
                                                     canvasback harvest strategy whereby if                  Dakota) currently only allow the take of              (see FOR FURTHER INFORMATION CONTACT).
                                                     canvasback population status and                        tundra swans. In recent years, some                   We prepared this DEA in carrying out
                                                     production are sufficient to permit a                   Interior Population (IP) trumpeter swans
                                                                                                                                                                   our responsibility to conserve migratory
                                                     harvest of one canvasback per day                       have been present during fall and winter
                                                                                                                                                                   bird populations and to fulfill our
                                                     nationwide for the entire length of the                 in those States. This population has
                                                                                                                                                                   responsibilities under NEPA. Comments
                                                     regular duck season, while still attaining              grown from 43 birds in 1968 to more
                                                                                                                                                                   will be accepted until October 15, 2017.
                                                     an objective of 500,000 birds the                       than 27,000 in 2015, an annual growth
                                                                                                                                                                   Following receipt of public input, we
                                                     following spring, the season on                         rate of 14.4 percent. Given the rapid
                                                                                                                                                                   will prepare a final environment
                                                     canvasbacks should be opened. A                         growth rate of the IP, it is likely that
                                                                                                                                                                   assessment, which will help inform
                                                     partial season would be allowed if the                  migrating and wintering trumpeter swan
                                                                                                                                                                   future decisions regarding regulation of
                                                     estimated allowable harvest was below                   numbers will increase in the Atlantic,
                                                                                                                                                                   swan hunting.
                                                     that associated with a 1-bird daily bag                 Mississippi, and Central Flyways.
                                                     limit for the entire season. If neither of              Tundra swans and trumpeter swans are                  16. Doves
                                                     these conditions can be met, the harvest                very similar in appearance, particularly
                                                                                                             at a distance. At present, any hunter                    Last season (82 FR 24786; May 30,
                                                     strategy calls for a closed season on                                                                         2017), we approved an earlier opening
                                                     canvasbacks nationwide. In 2008 (73 FR                  who mistakenly shoots a trumpeter
                                                                                                             swan during the tundra swan season is                 date (fixed date of September 14) in
                                                     43290; July 24, 2008), we announced                                                                           Texas’s South Dove Zone, which is
                                                     our decision to modify the canvasback                   violating the law by taking a species for
                                                                                                             which no hunting season has been                      about one week earlier (on average) than
                                                     harvest strategy to incorporate the                                                                           was previously allowed, and allowed
                                                     option for a 2-bird daily bag limit for                 authorized. As their numbers continue
                                                                                                             to increase, more IP trumpeter swans                  split seasons in the Western
                                                     canvasbacks when the predicted                                                                                Management Unit (WMU) so that the
                                                     breeding population the subsequent                      will likely be present in tundra swan
                                                                                                             hunting areas during the hunting                      WMU could be consistent with the other
                                                     year exceeds 725,000 birds.                                                                                   dove management units regarding
                                                                                                             season; this situation would result in
                                                        Since the existing harvest strategy                  more hunters accidentally taking a                    zoning and split seasons. We also
                                                     relies on information that will not yet be              trumpeter swan, making those hunters                  considered, but did not approve, a
                                                     available at the time we need to                        criminally liable for taking a protected              recommendation for the Eastern
                                                     establish proposed frameworks under                     species illegally. Thus, there is a need              Management Unit (EMU) to have a
                                                     the new regulatory process, the                         to address the potential for                          closing framework date of January 31,
                                                     canvasback harvest management                           misidentification and accidental take of              versus the current closing date of
                                                     strategy is not usable for the 2018–19                  trumpeter swans that may arise with                   January 15. While we proposed and
                                                     season and beyond. At this time we do                   existing tundra swan hunting seasons.                 ultimately approved the Texas and
                                                     not have a new harvest strategy to                         We have prepared a draft                           WMU changes last season, we requested
                                                     propose for use in the future. Thus, as                 Environmental Assessment (DEA) to                     more information on the rationale and
                                                     we did for the 2016–17 and the 2017–                    assess the impacts of establishing a                  biological impacts for the EMU request.
                                                     18 seasons, we will review the most                     framework for hunting regulations to                  Both of the approved framework
                                                     recent information on canvasback                        govern the take of both trumpeter and                 changes and the still-pending EMU
                                                     populations, habitat conditions, and                    tundra swans in the portions of the                   recommendation require changes to the
                                                     harvests with the goal of compiling the                 Atlantic, Mississippi, and Central                    National Dove Harvest Management
                                                     best information available for use in                   Flyways that currently have operational               Strategy (Strategy). The previously
                                                     making a harvest management decision.                   hunting seasons on Eastern Population                 approved changes are designed to
                                                     We will share these results with the                    tundra swans or may have in the future.               provide more flexibility in opportunities
                                                     Flyways during their fall meetings, with                The proposed action identified in this                to hunt doves, and would not
                                                     the intention of adopting a decision-                   DEA would allow limited take of                       significantly increase harvest and we
                                                     making approach in October for the                      trumpeter swans, but only during                      propose to revise the Strategy as such.
                                                     2018–19 seasons. Over the next year, we                 hunting seasons established to provide                Additional information on the EMU
                                                     will continue to work with the Flyway                   opportunities to hunt tundra swans.                   issue was provided at the June 21, 2017,
                                                     technical committees and councils to                    New swan hunting seasons (i.e., seasons               SRC meeting. We are reviewing that
                                                     develop a new biologically based                        in areas that are currently closed to                 information.
                                                     process for informing harvest                           swan hunting) would not be approved                   BILLING CODE 4333–15–P
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                                                                                                                                                                                                                                         36316
17:18 Aug 02, 2017




                                                                                                                                                                                                                                         Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Proposed Rules
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                             PROPOSED REGULATORY ALTERNATIVES FOR DUCK HUNTING DURING THE 2018-19 SEASON
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                                                                      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\03AUP2.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.
03AUP2




                            (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.




EP03AU17.000</GPH>


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                      BILLING CODE 4333–15–C
                                               [FR Doc. 2017–16353 Filed 8–2–17; 8:45 am]




                                                                                            SCHEDULE OF BIOLOGICAL INFORMATION AVAILABILITY, REGULATIONS MEETINGS AND
17:18 Aug 02, 2017




                                                                                                      FEDERAL REGISTER PUBLICATIONS FOR THE 2018-19 SEASONS




                                                                                                                                                                                                                             Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Proposed Rules
                                                                                             SURVEY & ASSESSMENT SCHEDULE                        MEETING SCHEDULE                        FEDERAL REGISTER SCHEDULE
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                                                                                                        March- June, 2017            I                                            II                 June1,2017
                                                                                                  SPRING POPULATIONS URVEYS                                                        PROPOSED RULEM A KING (PRELIM /NARY)
                                                                                                                                                                                  II      WITH STATUS INFORMATION
                                                                                                                                               June 21,2017- Falls Church, VA                    and ISSUES
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                                                                                                                                            SRC Meeting (nonregulatory)

                                                                                                         August 15,2017              I                                                             August 15, 2017
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                                                                                                   WATERFOWL STATUS REPORT                                                        II     SUPPLEMENTAL PROPOSALS

                                                                                                       September 1, 2017
                                                                                              AHM REPORT w'OPTIMAL ALTERNATIVES,
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                                                                                                   WEBLESS and CRANE STATUS
                                                                                                INFORMATION, DOVE and WOODCOCK                 August 15- September 15, 2017
                                                                                                  REGULA TORY AL TERNATrv'ES, and        Flyway Tech And Council Meetings
                                                                                              HUNTER ACTrv'ITYand HARVEST REPORT
Sfmt 9990




                                                                                                                                            October 17-18,2017- Bloomington, MN
                                                                                                                                           Service Regulations Committee
                                                                                                                                                 Regulatory Meeting
E:\FR\FM\03AUP2.SGM




                                                                                                                                                                                                  December 10, 2017
                                                                                                                                                                                       PROPOSED SEASON FRAMEWORKS
                                                                                                                                                                                              (30 Day Comment Period)
                                                                                                 December 15,2017 -January31, 2018
                                                                                                     FALL and WINTER SURVEY
                                                                                                    INFORMATION for CRANES
                                                                                                         and WATERFOWL                         March 2018 (at North Am Coni)
03AUP2




                                                                                                                                         Flyway Council Mtgs (nonregulatory)
                                                                                                                                                                                                  February 25, 2018
                                                                                                                                                                                         FINAL SEASON FRAMEWORKS

                                                                                                                                                                                                     June1,2018
                                                                                                                                                                                       ALL HUNTING SEASONS SELECTIONS
                                                                                                                                                                                           (Season Selections Due Apri/30)
                                                                                                                                                September 1, 2018 and later
                                                                                                                                               ALL HUNTING SEASONS




                                                                                                                                                                                                                             36317
EP03AU17.001</GPH>



Document Created: 2017-08-03 07:24:46
Document Modified: 2017-08-03 07:24:46
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: You may comment on the proposed regulatory alternatives for the 2018-19 season until September 5, 2017. You may comment on the draft environmental assessment to establish a framework for general swan hunting season in the Atlantic, Mississippi, and Central Flyways until October 15, 2017. Comments on the information collection requirements must be received by September 5, 2017. Following subsequent Federal Register documents, you will be given an opportunity to submit comments on the proposed frameworks by January 15, 2018. Tribes must submit proposals and related comments on or before December 1, 2017.
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 Citation82 FR 36308 
RIN Number1018-BB73
CFR AssociatedExports; Hunting; Imports; Reporting and Recordkeeping Requirements; Transportation and Wildlife

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