83 FR 27836 - Migratory Bird Hunting; Proposed 2019-20 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 83, Issue 115 (June 14, 2018)

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 2019-20 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 2019-20 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 83, Number 115 (Thursday, June 14, 2018)]
[Proposed Rules]
[Pages 27836-27844]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12773]



[[Page 27835]]

Vol. 83

Thursday,

No. 115

June 14, 2018

Part II





Department of the Interior





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Fish and Wildlife Service





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50 CFR Part 20





Migratory Bird Hunting; Proposed 2019-20 Migratory Game Bird Hunting 
Regulations (Preliminary) With Requests for Indian Tribal Proposals; 
Notice of Meetings; Proposed Rule

Federal Register / Vol. 83 , No. 115 / Thursday, June 14, 2018 / 
Proposed Rules

[[Page 27836]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[Docket No. FWS-HQ-MB-2018-0030; FF09M21200-189-FXMB1231099BPP0]
RIN 1018-BD10


Migratory Bird Hunting; Proposed 2019-20 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 2019-20 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 2019-20 duck hunting seasons, and requests proposals from 
Indian tribes that wish to establish special migratory game bird 
hunting regulations on Federal Indian reservations and ceded lands. 
Migratory bird hunting seasons provide opportunities for recreation and 
sustenance; aid Federal, State, and tribal governments in the 
management of migratory game birds; and permit harvests at levels 
compatible with migratory game bird population status and habitat 
conditions.

DATES: 
    Comments: You may comment on the general harvest strategy and the 
proposed regulatory alternatives for the 2019-20 season until July 18, 
2018. Following subsequent Federal Register documents, you will be 
given an opportunity to submit comments on the proposed frameworks by 
January 15, 2019. Tribes must submit proposals and related comments on 
or before December 1, 2018.
    Meetings: The SRC will conduct a meeting on July 10, 2018, to 
identify and discuss preliminary issues concerning the 2019-20 
migratory bird hunting regulations. The meeting will commence at 
approximately 11:00 a.m. EDT. The SRC will meet to consider and develop 
proposed regulations for the 2019-20 migratory game bird hunting 
seasons on October 16-17, 2018. Meetings on both days are open to the 
public and 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-2018-0030.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-HQ-MB-2018-0030; Division of Policy, Performance, and 
Management Programs; U.S. Fish and Wildlife Service, MS: BPHC; 5275 
Leesburg Pike, Falls Church, VA 22041.
    We will not accept emailed or faxed comments. We will post all 
comments on http://www.regulations.gov. This generally means that your 
entire submission--including any personal identifying information--will 
be posted on the website. See the Public Comments section, below, for 
more information.
    Meetings: The July 10, 2018, SRC meeting will be available to the 
public via teleconference in the Rachel Carson conference room at 5275 
Leesburg Pike, Falls Church, VA 22041. The October 16-17, 2018, 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, 3 years ago we 
developed a schedule for migratory game bird hunting regulations that 
is more efficient and provides hunting season dates earlier than was 
possible under the old process. The new process makes planning 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 
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 2019-20 hunting seasons.

Background and Overview

    Migratory game birds are those bird species so designated in 
conventions between the United States and several foreign nations for 
the protection and management of these birds. Under the Migratory Bird 
Treaty Act (16 U.S.C. 703-712), the Secretary of the Interior is 
authorized to determine when ``hunting, taking, capture, killing, 
possession, sale, purchase, shipment, transportation, carriage, or 
export of any * * * bird, or any part, nest, or egg'' of migratory game 
birds can take place, and to adopt regulations for this purpose. These 
regulations are written after giving due regard to ``the zones of 
temperature and to the distribution, abundance, economic value, 
breeding habits, and times and lines of migratory flight of such 
birds'' and are updated annually (16 U.S.C. 704(a)). This 
responsibility has been delegated to the Service as the lead Federal 
agency for managing and conserving migratory birds in the United 
States. However, migratory game bird management is a cooperative effort 
of State, Tribal, and Federal governments.
    The Service develops migratory game bird hunting regulations by 
establishing the frameworks, or outside limits, for season lengths, bag 
limits, and areas for migratory game bird hunting. Acknowledging 
regional differences in hunting conditions, the Service has 
administratively divided the Nation into four Flyways for the primary 
purpose of managing migratory game birds. Each Flyway (Atlantic, 
Mississippi, Central, and Pacific) has a Flyway Council, a formal 
organization generally composed of one member from each State and 
Province in that Flyway. The Flyway Councils, established through the 
Association of Fish and Wildlife Agencies, also assist in researching 
and providing migratory game bird management information for Federal, 
State, and Provincial governments, as well as private conservation 
entities and the general public.
    The process for adopting migratory game bird hunting regulations, 
located in title 50 of the Code of Federal

[[Page 27837]]

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 July 10, 2018, to discuss 
preliminary issues for the 2019-20 regulations, and on October 16-17, 
2018, to review information on the current status of migratory game 
birds and develop 2019-20 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: September 27-28, 2018; Hotel 1620 Plymouth 
Harbor, 180 Water Street, Plymouth, MA.
    Mississippi Flyway Council: August 23-24, 2018; Radisson Hotel 
Winnipeg Downtown, 288 Portage Avenue, Winnipeg, Manitoba, Canada.
    Central Flyway Council: August 30-31, 2018; Elk Ridge Resort and 
Conference Centre, Waskesiu Lake, Saskatchewan, Canada.
    Pacific Flyway Council: September 28, 2018; Drury Inn and Suites, 
Flagstaff, AZ.

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 2019-20 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 2019-20 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 2019-20 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 2019-20

    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 2019-20 
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 2019-20 duck hunting 
seasons are contained at the end of this document. We plan to publish 
final regulatory alternatives in late-August. We plan to publish 
proposed season frameworks in mid-December 2018. We plan to publish 
final season frameworks in late February 2019.

Review of Public Comments

    This proposed rulemaking contains the proposed regulatory 
alternatives for the 2019-20 duck hunting seasons. This proposed 
rulemaking also describes other recommended changes or specific 
preliminary proposals that vary from the 2018-19 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 2019-20 season. We seek 
additional information and comments on this proposed rule.

[[Page 27838]]

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)--Brian Smith, U.S. Fish and Wildlife 
Service, P.O. Box 25486, Denver Federal Building, Denver, CO 80225; 
(303) 236-8145.
    Region 7 (Alaska)--Eric Taylor, 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 2019-20 migratory game bird hunting season should 
submit a proposal that includes: (1) The requested migratory game bird 
hunting season dates and other details regarding the proposed 
regulations; (2) Harvest anticipated under the proposed regulations; 
and (3) Tribal capabilities to enforce migratory game bird hunting 
regulations. For those situations where it could be shown that failure 
to limit Tribal harvest could seriously impact the migratory game bird 
resource, we also request information on the methods employed to 
monitor harvest and any potential steps taken to limit level of 
harvest.
    A tribe that desires the earliest possible opening of the migratory 
game bird season for nontribal members

[[Page 27839]]

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 2019-20 hunting season 
should submit their proposals no later than December 1, 2018. 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 2018-
19,'' with its corresponding May 2018, 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 2019-20 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 2019-20 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). This analysis 
estimated consumer surplus for three alternatives for duck hunting 
(estimates for other species are not quantified due to lack of data). 
The alternatives are (1) issue restrictive regulations allowing fewer 
days than those issued during the 2018-19 season, (2) issue moderate 
regulations allowing more days than those in alternative 1, and (3) 
issue liberal regulations identical to the regulations in the 2018-19 
season. For the 2018-19 season, we chose Alternative 3, with an 
estimated consumer surplus across all flyways of $334-$440 million with 
a mid-point estimate of $387 million. We also chose alternative 3 for 
the 2009-10 through 2017-18 seasons. We will select regulations for the 
2019-20 season in

[[Page 27840]]

October. The 2019-20 analysis is part of the record for this rule and 
is available at http://www.regulations.gov at Docket No. FWS-HQ-MB-
2018-0030.

Regulatory Flexibility Act

    The annual migratory bird hunting regulations have a significant 
economic impact on substantial numbers of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). We analyzed the 
economic impacts of the annual hunting regulations on small business 
entities in detail as part of the 1981 cost-benefit analysis. This 
analysis was revised annually from 1990 through 1995. In 1995, the 
Service issued a Small Entity Flexibility Analysis (Analysis), which 
was subsequently updated in 1996, 1998, 2004, 2008, 2013, 2018, and 
2019. The primary source of information about hunter expenditures for 
migratory game bird hunting is the National Hunting and Fishing Survey, 
which is generally conducted at 5-year intervals. The 2019 Analysis is 
based on the 2011 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 2019. Copies of the Analysis are 
available upon request from the Division of Migratory Bird Management 
(see FOR FURTHER INFORMATION CONTACT) or from http://www.regulations.gov at Docket No. FWS-HQ-MB-2018-0030.

Clarity of the Rule

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

Small Business Regulatory Enforcement Fairness Act

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

Paperwork Reduction Act

    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. This rule does not contain any new 
collection of information that require approval by OMB under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). OMB has 
previously approved the information collection requirements associated 
with migratory bird surveys and the procedures for establishing annual 
migratory bird hunting seasons under the following OMB control numbers:
     1018-0019, ``North American Woodcock Singing Ground 
Survey'' (expires 5/31/2018, and in accordance with 5 CFR 1320.10, an 
agency may continue to conduct or sponsor this collection of 
information while the submission is pending at OMB).
     1018-0023, ``Migratory Bird Surveys, 50 CFR 20.20'' 
(expires 8/31/2020). Includes Migratory Bird Harvest Information 
Program, Migratory Bird Hunter Surveys, Sandhill Crane Survey, and 
Parts Collection Survey.
     1018-0171, ``Establishment of Annual Migratory Bird 
Hunting Seasons, 50 CFR part 20'' (expires 06/30/2021)

Unfunded Mandates Reform Act

    We have determined and certify, in compliance with the requirements 
of the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this 
proposed rulemaking would not impose a cost of $100 million or more in 
any given year on local or State government or private 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 
2019-20 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

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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 2019-20 
hunting season are authorized under 16 U.S.C. 703-711, 712, and 742 a-
j.

    Dated: May 11, 2018.
Susan Combs,
Senior Advisor to the Secretary, Exercising the Authority of the 
Assistant Secretary for Fish and Wildlife and Parks.

Proposed 2019-20 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 2018-19 frameworks in the Mississippi, Central, and Pacific Flyways 
are being proposed at this time. Other issues requiring early 
discussion, action, or the attention of the States or tribes are 
contained below:

1. Ducks

    Categories used to discuss issues related to duck harvest 
management are: (A) General Harvest Strategy, (B) Regulatory 
Alternatives, (C) Zones and Split Seasons, and (D) Special Seasons/
Species Management. Only those categories containing substantial 
recommendations are discussed below.

A. General Harvest Strategy

    We propose to continue using adaptive harvest management (AHM) to 
help determine appropriate duck-hunting regulations for the 2019-20 
season. AHM permits sound resource decisions in the face of uncertain 
regulatory impacts and provides a mechanism for reducing that 
uncertainty over time. We use AHM to evaluate four alternative 
regulatory levels for duck hunting in the Mississippi, Central, and 
Pacific Flyways based on the population status of mallards. We are 
proposing to use AHM based on the population status of a suite of four 
species in the Atlantic Flyway (see below). We have specific hunting 
strategies for species of special concern, such as black ducks, scaup, 
and pintails.
Mississippi, Central, and Pacific Flyways
    The prescribed regulatory alternative for the Mississippi, Central, 
and Pacific Flyways is based on the status of mallard populations that 
contribute primarily to each Flyway. In the Central and Mississippi 
Flyways, we set hunting regulations based on the status and dynamics of 
mid-continent mallards. Mid-continent mallards are those breeding in 
central North America (Federal survey strata 13-18, 20-50, and 75-77, 
and State surveys in Minnesota, Wisconsin, and Michigan). In the 
Pacific Flyway, we set hunting regulations based on the status and 
dynamics of western mallards. Western mallards are those breeding in 
Alaska and the northern Yukon Territory (as based on Federal surveys in 
strata 1-12), and in California, Oregon, Washington, and British 
Columbia (as based on State- or Province-conducted surveys).
    For the 2019-20 season, we recommend continuing to use independent 
optimization to determine the optimal regulatory choice for each 
mallard stock. This means that we would develop regulations for mid-
continent mallards and western mallards independently, based upon the 
breeding stock that contributes primarily to each Flyway. We detailed 
implementation of this AHM decision framework for western and mid-
continent mallards in the July 24, 2008, Federal Register (73 FR 
43290).
Atlantic Flyway
    Since 2000, the Service has used an AHM protocol based on the 
status of eastern mallards to establish the annual framework 
regulations for duck hunting seasons in the Atlantic Flyway. This 
protocol assumes that the mallard is an appropriate surrogate for other 
duck species in the Atlantic Flyway. By 2010 it was apparent that the 
biological models used in the AHM protocol were performing poorly in 
terms of accurately predicting the following year's eastern mallard 
breeding population, and this performance problem led to a 
comprehensive review of duck harvest management in the Atlantic Flyway. 
Following that review, the Atlantic Flyway Council (AFC) determined 
that eastern mallards do not adequately represent duck harvest dynamics 
throughout the entire flyway; they do not represent the breeding 
ecology and habitat requirements of other important Atlantic Flyway 
duck species because their breeding range does not overlap with that of 
other ducks that breed in the flyway; and their breeding and/or 
wintering habitat needs differ from many of the other duck species in 
the Flyway. Thus, although mallards comprise nearly 20 percent of the 
Atlantic Flyway's duck harvest, the status of eastern mallards does not 
necessarily reflect that of other Atlantic Flyway duck species. For 
example, mallards in eastern North America have declined at an annual 
rate of 1 percent since 1998, whereas over the same time period all 
other duck species in eastern North America for which robust population 
estimates are available are stable or increasing.
    The AFC decided that a decision framework based upon a suite of 
duck species that better represents the habitat needs and harvest 
distribution of ducks in the Atlantic Flyway would be superior to the 
current eastern mallard AHM framework, and we concur. Accordingly, the 
Service and the AFC began working in 2013 to develop a multi-stock AHM 
protocol for setting annual duck hunting season frameworks for the 
Atlantic Flyway.
    The multi-stock protocol development has now been completed, and we 
propose to adopt it in place of the eastern mallard AHM. The protocol 
is based on a suite of four species that represents the dynamics of 
duck harvest in the Atlantic Flyway and the various habitat types used 
by waterfowl throughout the Atlantic Flyway: Green-winged teal (Anas 
crecca), common goldeneye (Bucephala clangula), ring-necked duck 
(Aythya collaris), and wood duck (Aix sponsa). These species comprise 
more than 40 percent of the Atlantic Flyway's total duck harvest, and 
they reflect regional variation in harvest composition. The selected 
species represent upland nesters in boreal and southern Canada (green-
winged teal), over-water nesters in boreal Canada (ring-necked duck),

[[Page 27842]]

cavity nesters in the United States and southern Canada (wood duck), 
and cavity nesters in boreal Canada (goldeneye). The most important 
winter waterfowl habitats in the Atlantic Flyway (salt marsh, 
freshwater marsh, tidal waters, freshwater ponds and lakes, rivers and 
streams) are important to at least one of these four species.
    Species selection was also influenced by our need for sufficient 
time series of estimates of annual abundance and estimates of harvest 
rate or annual harvest. The proposed protocol has a harvest objective 
of no more than 98 percent of maximum sustainable long-term yield for 
any of the four species. Regulatory alternatives would be the same as 
those used in the eastern mallard AHM, except that the mallard bag 
limit would not be prescribed by the optimal regulatory alternative as 
determined by the multi-stock AHM protocol. Further details on 
biological models used in the protocol, data sources, optimization 
methods, and simulation results are available at http://www.regulations.gov and on our website at https://www.fws.gov/birds/index.php.
    Although season length in the Atlantic Flyway would be determined 
by the proposed multi-stock protocol, the daily bag limit for black 
ducks will still be determined by the international black duck AHM 
harvest strategy. The mallard bag limit in the Atlantic Flyway will be 
based on a separate assessment of the harvest potential of eastern 
mallards.
Final 2019-20 AHM Protocol
    We will detail the final AHM protocol for the 2019-20 season in the 
supplemental proposed rule, which we will publish in late August (see 
Schedule of Biological Information Availability, Regulations Meetings 
and Federal Register Publications for the 2019-20 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 2019-20 seasons after status information becomes available in 
late August 2018.

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 2019-20, we propose to utilize the same regulatory alternatives 
that are in effect for the 2018-19 season (see accompanying table for 
specifics of the regulatory alternatives) for the Mississippi, Central, 
and Pacific Flyways. For the Atlantic Flyway, per our discussion above 
under section A. General Harvest Strategy, under the proposed multi-
stock AHM protocol for the Atlantic Flyway, the mallard bag limit would 
not be prescribed by the regulatory alternative, but would instead be 
based on a separate assessment of the harvest potential of eastern 
mallards. We will propose a specific mallard bag limit for the Atlantic 
Flyway in December. 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 18, 2018. Following receipt of 
public input, we will finalize the regulatory alternatives for each of 
the Flyways for the 2019-20 seasons in late-August 2018.
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