SUPPLEMENTARY INFORMATION:

Regulations Schedule for 2025

On January 21, 2025, the U.S. Fish and Wildlife Service (Service, we) published in the Federal Register (90 FR 7056) a proposal to amend title 50 of the Code of Federal Regulations (CFR) at part 20. The proposal provided a background and overview of the migratory bird hunting regulations process and addressed the establishment of seasons, limits, and other regulations for hunting migratory game birds under §§ 20.100 through 20.107, 20.109, and 20.110 of subpart K. Major steps in the 2025-26 regulatory cycle relating to open public meetings and Federal Register notifications were illustrated in the diagram at the end of the January 21, 2025, proposed rule (90 FR 7056 at 7065).

We provided the meeting dates and locations for the Service Regulations Committee (SRC) on our website at https://www.fws.gov/​event/​us-fish-and-wildlife-service-migratory-bird-regulations-committee-meeting and Flyway Council meetings on flyway calendars posted on our website at https://www.fws.gov/​partner/​migratory-bird-program-administrative-flyways. On November 19, 2024, we held open meetings with the Flyway Council Consultants, at which the participants reviewed information on the current status of migratory game birds and developed recommendations for the 2025-26 regulations for these species. The January 21, 2025, proposed rule provided detailed information on the proposed 2025-26 regulatory schedule.

On April 24, 2025, we published in the Federal Register (90 FR 17300) the proposed frameworks for migratory game bird hunting regulations during the 2025-26 season. On August 18, 2025, we published in the Federal Register (90 FR 40178) the final frameworks for migratory game bird hunting regulations, from which State wildlife conservation agency officials selected seasons, hours, areas, and limits for hunting migratory birds during the 2025-26 season.

The final rule described here is the final in the series of proposed, supplemental, and final rulemaking documents for migratory game bird hunting regulations for the 2025-26 season and deals specifically with amending subpart K of 50 CFR part 20. It sets hunting seasons, hours, areas, and limits for migratory game bird species. This final rule is the culmination of the annual rulemaking process allowing migratory game bird hunting, which started with the January 21, 2025, proposed rule. As discussed elsewhere in this document, we supplemented that proposal on April 24, 2025, and published final season frameworks on August 18, 2025, that provided the regulatory frameworks from which the States selected their hunting seasons. This final rule sets the migratory game bird hunting seasons based on that input from the States.

Required Determinations

National Environmental Policy Act (NEPA) Consideration

The programmatic document, “Second Final Supplement, USFWS, Issuance of Annual Regulations Permitting the Hunting of Migratory Birds” (EIS No. 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 the Duck Hunting Regulations for the 2025-26 Season and its corresponding 2025 finding of no significant impact.

Endangered Species Act Consideration

Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), provides that the Secretary shall insure that any action authorized, funded, or carried out is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of critical habitat. Consequently, we conducted consultations to ensure that actions resulting from these regulations would not likely jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitat. Findings from these consultations are included in a biological opinion, which concluded that the regulations are not likely to jeopardize the continued existence of any endangered or threatened species. Additionally, these findings may have caused modification of some regulatory measures previously proposed, and the final frameworks (90 FR 40178, August 18, 2025) reflect any such modifications. The biological opinion is available from https://www.regulations.gov at Docket No. FWS-HQ-MB-2024-0127.

Executive Order (E.O.) 12866, as reaffirmed by E.O. 13563, provides that the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB) will review all significant rules. This action is a significant regulatory action, as defined under section 3(f)(1) of E.O. 12866 (58 FR 51735, October 4, 1993).

An economic analysis was prepared for the 2025-26 migratory bird hunting ( printed page 41307) season. This analysis was based on data from the 2011 and the 2016 National Survey of Fishing, Hunting, and Wildlife-Associated Recreation (National Survey), the most recent years for which data are available. See discussion under Required Determinations, Regulatory Flexibility Act, below. This analysis estimated consumer surplus for four alternatives for hunting regulations. As defined by OMB in Circular A-4, consumers' surplus is the difference between what a consumer pays for a unit of a good or service and the maximum amount the consumer would be willing to pay for that unit. The duck hunting regulatory alternatives are (1) not opening a hunting season; (2) issuing restrictive regulations that allow fewer days than the 2024-25 season; (3) issuing moderate regulations that allow more days than in Alternative 2 but fewer days than the 2024-25 season, and (4) issuing liberal regulations that allow days similar to the 2024-25 season. The estimated consumer surplus associated with liberal regulations issued for the 2024-25 season across all flyways was $624 million to $816 million (2024$). We also chose Alternative 4 (liberal regulations) for the 2009-10 through 2024-25 seasons. The 2025-26 analysis is part of the record for this rulemaking action and is available at https://www.regulations.gov at Docket No. FWS-HQ-MB-2024-0127.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

The annual migratory bird hunting regulations have a significant economic impact on substantial numbers of small entities, such as restaurants, grocery stores, lodging, transportation, and sporting goods stores under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). An initial regulatory flexibility analysis was prepared to analyze the economic impacts of the annual hunting regulations on small business entities. This analysis is updated annually. The primary source of information about hunter expenditures for migratory game bird hunting is the National Survey, which is generally conducted at 5-year intervals. The 2022 National Survey did not collect migratory bird expenditure data, so the 2025-26 migratory bird hunting season analysis is based on the 2011 and 2016 National Surveys and the U.S. Department of Commerce's County Business Patterns, from which it is estimated that migratory bird hunters will spend approximately $2.5 billion (2024$) at small businesses during the 2025-26 migratory bird hunting season. In summary, this final rule will have a significant beneficial economic impact on small entities. Without these annual regulations, States cannot establish migratory bird hunting seasons. A wide range of businesses and individuals benefit economically from the establishment of the annual migratory bird hunting regulations. The initial regulatory flexibility analysis can be found in the economic analysis of the migratory game bird hunting regulations for the 2025-26 season. Copies of the economic analysis are available upon request from the person listed above under FOR FURTHER INFORMATION CONTACT or from https://www.regulations.gov at Docket No. FWS-HQ-MB-2024-0127.

Congressional Review Act

Pursuant to subtitle E of the Small Business Regulatory Enforcement Fairness Act (also known as the Congressional Review Act or CRA, 5 U.S.C. 801 et seq.), OIRA designated this action as a major rule, as defined by 5 U.S.C. 804(2), because it is likely to result in an annual effect on the economy of $100 million or more. However, because this final rule establishes a regulatory program for activity related to hunting and because hunting seasons are time sensitive, we establish the effective date of this final rule using the exemption in the CRA at 5 U.S.C. 808(1).

Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

This final rule does not contain any new collection of information that requires 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 02/28/2027).
• 1018-0023, “Migratory Bird Surveys,50 CFR 20.20” (expires 05/31/2026). 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 11/30/2027).

You may view the information collection request(s) at https://www.reginfo.gov/​public/​do/​PRAMain. 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.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

We have determined and certify, in compliance with the requirements of the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.) that this final rulemaking does not include any Federal mandate that may result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted for inflation) in any 1 year and does not significantly or uniquely affect small governments.

Civil Justice Reform—E.O. 12988

The Department, in promulgating this final rule, has determined that this 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—E.O. 12630

In accordance with E.O. 12630, this final rule, authorized by the Migratory Bird Treaty Act (MBTA), does not have significant takings implications and does not affect any constitutionally protected property rights. This final rule will not result in the physical occupancy of property, the physical invasion of property, or the regulatory taking of any property. In fact, this final rule will allow hunters to exercise otherwise unavailable privileges and, therefore, reduces restrictions on the use of private and public property.

Energy Effects—E.O. 13211

E.O. 13211 requires agencies to prepare statements of energy effects when undertaking certain actions. While this final rule is a significant regulatory action under E.O. 12866, it is not likely to have a significant adverse effect on the supply, distribution, or use of energy and has not been designated by OIRA as a significant energy action. Therefore, 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 with respect to impacts to Tribes' treaty rights to hunt waterfowl. We have determined that there are de minimis effects on Indian ( printed page 41308) Tribes for that aspect of their treaty rights. Through this process to establish annual hunting regulations, we regularly coordinate with Tribes that are affected by this final rulemaking action. Tribes have the opportunity to attend spring and fall flyway meetings, provide comments on Federal Register publications concerning migratory bird hunting, and, whenever needed, we hold informal consultations with Tribes regarding trust resources, trust assets, health, and safety. Also, in an effort to streamline the migratory bird hunting regulation process, four informational webinars were held to present a proposed new process to Tribes, giving Tribes the opportunity to provide input and to ask questions about the Tribal migratory bird hunting regulations. This final rule will not have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes.

This final rule is general in nature and does not directly affect any specific Tribal lands, treaty rights, or Tribal trust resources. In addition, this final rule does not interfere with the ability of Tribes to manage themselves or their funds or to regulate migratory bird activities on Tribal lands. Therefore, we conclude that this final rule does not have “Tribal implications” under section 1(a) of E.O. 13175 with respect to waterfowl treaty rights. Thus, formal government-to-government consultation is not required by E.O. 13175 and related policies of the Department of the Interior. We will continue to collaborate with Tribes on concerns related to migratory bird hunting regulations.

Federalism Effects—E.O. 13132

Due to the migratory nature of certain species of birds, the Federal Government has been given responsibility over these species by the MBTA. 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 Tribe may be more restrictive in its regulations 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. This final rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with E.O. 13132, these regulations do not have federalism implications and do not warrant the preparation of a federalism summary impact statement.

Review of Public Comments

The preliminary proposed rulemaking, which appeared in the January 21, 2025, Federal Register , opened the public comment period for migratory game bird hunting regulations for the 2025-26 hunting season. We subsequently published in the Federal Register the proposed regulatory frameworks for the 2025-26 migratory game bird hunting season on April 24, 2025, which also included a request for public comments. We previously addressed all pertinent comments from both rules in our August 18, 2025, final rule (90 FR 40178 at 40179-40185).

Regulations Promulgation

The rulemaking process for migratory game bird hunting, by its nature, operates under a time constraint as seasons must be established each year or hunting seasons remain closed. However, we intend that the public be provided extensive opportunity for public input and involvement in compliance with Administrative Procedure Act (5 U.S.C. 551 et seq.) requirements. Thus, when the preliminary proposed rulemaking was published, we established what we concluded were the longest periods possible for public comment and the most opportunities for public involvement. We also provided notification of our participation in multiple Flyway Council meetings, opportunities for additional public review and comment on all Flyway Council proposals for regulatory change, and opportunities for additional public review during the SRC meeting. Therefore, we conclude that sufficient public notice and opportunity for involvement have been given to affected persons.

Further, States need sufficient time to communicate these season selections to their affected publics, and to establish and publicize the necessary regulations and procedures to implement these seasons. Thus, we find that “good cause” exists, within the terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and, therefore, under authority of the Migratory Bird Treaty Act (July 3, 1918), as amended (16 U.S.C. 703-711), these regulations will take effect less than 30 days after publication. Accordingly, with each conservation agency having had an opportunity to participate in selecting the hunting seasons desired for its State or Territory on those species of migratory birds for which open seasons are now prescribed, and consideration having been given to all other relevant matters presented, certain sections of title 50, chapter I, subchapter B, part 20, subpart K of the CFR are hereby amended as set forth below.

Regulation Promulgation

For the reasons described in the preamble, title 50, chapter I, subchapter B, part 20, subpart K of the Code of Federal Regulations is amended as follows: