SUPPLEMENTARY INFORMATION:

In accordance with the Paperwork ( printed page 67850) Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and 5 CFR 1320.8(d)(1), we provide the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public's reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format.

As part of our continuing effort to reduce paperwork and respondent burdens, we are soliciting comments from the public and other Federal agencies on the proposed ICR described below. We are especially interested in public comments addressing the following:

(1) Whether or not the collection of information is necessary for the proper performance of the functions of the agency, including whether or not the information will have practical utility;

(2) The accuracy of our estimate of the burden for this collection of information, including the validity of the methodology and assumptions used;

(3) Ways to enhance the quality, utility, and clarity of the information to be collected; and.

(4) How might the agency minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of response.

Comments that you submit in response to this notice are a matter of public record. Before including your address, phone number, email address, or other personally identifiable information in your comment, you should be aware that your entire comment—including your personally identifiable information—may be publicly available at any time. While you can ask us in your comment to withhold your personally identifiable information from public review, we cannot guarantee that we will be able to do so.

Abstract: 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 such 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” (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 bird management is a cooperative effort of State, Tribal, and Federal governments. Migratory game bird hunting seasons provide opportunities for recreation and sustenance; aid Federal, State, and Tribal governments in the management of migratory game birds; and permit harvests at levels compatible with migratory game bird population status and habitat conditions.

The Service adopted general regulations for migratory game bird hunting, which are set forth in title 50 of the Code of Federal Regulations (CFR) at 50 CFR part 20. These regulations provide that the Service will establish the conditions (limits) from which States and Tribes may establish their seasonal migratory game bird hunting regulations. The limits include season dates, season lengths, shooting hours, bag and possession limits, areas where migratory game bird hunting may occur, and other restrictions, and are communicated via the Migratory Game Bird Hunting (MGBH) Memorandum and notice of availability in the Federal Register . These limits are necessary to allow harvest at levels compatible with migratory game bird population status and habitat conditions. After the limits are established, States and Tribes may establish their migratory game bird hunting regulations within the limits and in accordance with our general regulations at 50 CFR part 20. We provided a detailed overview of the process for establishing the Federal limits for seasonal migratory game bird hunting in the August 31, 2026, Federal Register (91 FR 55794).

Migratory game birds use four primary migratory routes in North America. Because of the unique biological characteristics and the relative number of hunters in these routes, the Service adopted the flyway structure for administering migratory bird resources within the United States, referred to as the flyways (Atlantic, Mississippi, Central, and Pacific). Each administrative flyway has a Flyway Council established through the Association of Fish and Wildlife Agencies and is composed of one member from each State and province in that flyway. The Flyway Councils assist in researching and providing migratory game bird management information for Federal, State, Tribal, and provincial governments.

• State and Territories Seasons —After the Federal limits are established, States, including the U.S. Territories of Puerto Rico and the Virgin Islands, may establish their migratory game bird hunting regulations within the Federal limits and regulations at 50 CFR part 20.
• Tribal Seasons —The Tribal process is very similar to the State process and largely uses the resulting Federal limits developed in the process described above.

Based on the demonstrated successful implementation of our Tribal guidelines since 1985 (50 FR 23467, June 4, 1985), and the historical and future expected minimal impacts to migratory game bird resources, we simplified the process for establishing special Tribal migratory game bird hunting regulations beginning with the (2023-2024) season (88 FR 60375, September 1, 2023). We removed the requirement that Tribes annually submit their proposed migratory game bird hunting regulations (and associated monitoring, anticipated harvest, and capabilities for regulation development and enforcement) for our review and approval. We also no longer publish special Tribal migratory game bird hunting regulations in the Federal Register ( i.e., a proposed and final rule). The regulations set forth in the 2023 rule adopt elements of our guidelines for establishing special migratory game bird hunting regulations on Federal Indian reservations (including off-reservation trust lands) and ceded lands. Tribes that comply with these regulations are authorized to independently establish special Tribal migratory bird hunting regulations.

By allowing Tribes to independently establish special migratory bird hunting regulations, the Service recognizes Tribal sovereignty to exercise reserved hunting rights and, for some Tribes, recognition of their authority to regulate hunting by both Tribal and nontribal members on their reservation. As an alternative to promulgating special Tribal migratory game bird hunting regulations, Tribes may choose to observe the hunting regulations established by the State or States in which the reservation is located.

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 the Flyway Councils and other interested ( printed page 67851) 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 limits 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.

Federal regulations at 50 CFR 20.110 (Regulations for certain Federal Indian reservations and ceded lands) include requirements for Tribes to follow if they establish special Tribal migratory game bird hunting regulations, which are based on elements from the 1985 guidelines. The regulations provide that all Federal hunting regulations in 50 CFR part 20 apply to hunting by Tribal and nontribal members. These regulations provide for the continuation of Tribal members' harvest of migratory game birds on reservations where such harvest is a customary practice. We are supportive of this harvest provided it does not take place during the closed season (March 11 to August 31) mandated by the 1916 Convention Between the United States and Great Britain (for Canada) for the Protection of Migratory Birds and it is not so large as to adversely affect the status of the migratory game bird resource. Since the inception of the 1985 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 note that migratory game birds are defined in 50 CFR 20.11(a) as those birds included in the terms of conventions between the United States and any foreign country for the protection of migratory birds, belonging to certain families (Anatidae, Columbidae, Gruidae, Rallidae, and Scolopacidae), and for which open seasons are prescribed in this part. Open seasons for certain migratory game bird species are established by the Service annually as appropriate based on the biological status of these populations and published in the Federal Register as Federal limits. Tribes are encouraged to review each year the Federal limits to determine the list of migratory game bird species and species groups with authorized open seasons, and any special concerns regarding population status. Furthermore, annual review of the Federal limits for migratory game bird hunting seasons e nsures that Tribal regulations for nontribal members on reservation lands comply (as required by regulations) with opening and closing dates, season length, and daily bag and possession limits established by the Service.

As a result of the process explained above for authorizing seasonal migratory game bird hunting, information is requested from States annually on their proposed seasons. Therefore, this ICR incorporates the information requested from the States each year and other monitoring requirements for their seasons. We post all notices and rules electronically on the Service's website ( www.fws.gov/​policy/​frsystem/​default.cfm). State and Tribal governments are aware of this process that affords them the opportunity to provide comments on the information collection requirements identified in the Paperwork Reduction Act section of each rule.

The information identified below, necessary to establish annual migratory bird hunting seasons, is solicited annually from State and U.S. territory governments:

1. Information Requested from States and U.S. Territories to Establish Annual Migratory Bird Hunting Seasons —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. The information is provided to the Service in a nonform format, usually via letter or spreadsheet, in response to solicitations for the information sent to the State governments each year via an emailed letter.

2. Details Needed from Tribal Governments —This requirement is not applicable to Tribes that choose to observe the hunting regulations established by the State or States in which the reservation is located or independently establish special migratory bird hunting regulations in accordance with our regulations at 50 CFR 20.110. We will continue to consult with Tribes that wish to reach a mutual agreement (memorandum of understanding (MOU) or similar type of formal agreement) on conducting short-term (possibly several years) experimental hunting seasons using methods outside of the Federal hunting methods at § 20.21 for on-reservation and ceded lands hunting by Tribal members.

3. Reports (50 CFR part 20) —The following reports are requested from the States and are submitted either annually or every 3 years as explained in the following text.

a. Atlantic Flyway Council: Maryland, New Jersey, and New York—Two-tier hunting regulations study (phase 2) during 2027-28 through 2030-31 seasons per the terms of the study plan and Memorandum of Agreement among these States and the Service (Yearly updates and Final report).

b. Central Flyway Council: New Mexico and North Dakota—Two-tier hunting regulations study (phase 2) during 2027-28 through 2030-31 seasons per the terms of the study plan and Memorandum of Agreement among these States and the Service (Yearly updates and Final report).

c. Mississippi Flyway Council: Michigan—Two-tier hunting regulations study (phase 2) during 2027-28 through 2030-31 seasons per the terms of the study plan and Memorandum of Agreement among these States and the Service (Yearly updates and Final report).

d. Pacific Flyway Council: Arizona, Nevada, and Utah—Two-tier hunting regulations study (phase 2) during 2027-28 through 2030-31 seasons per the terms of the study plan and Memorandum of Agreement among these States and the Service (Yearly updates and Final report).

e. Additional State-Specific Annual Reports:

• Arizona—Sandhill crane season harvest and subspecies composition (3-year intervals).
• New Mexico—Sandhill crane season harvest and subspecies composition in Estancia Valley.
• Delaware, North Carolina and Virginia—Tundra swan season hunter participation and harvest.
• Montana (Central Flyway portion), North Dakota, and South Dakota—Tundra swan season hunter participation and harvest.
• Montana (Central Flyway portion) and South Dakota—Swan season hunter participation, harvest, species composition, and hunter compliance rates in providing species-determinant parts or bill measurements of harvested swans for species identification.
• Idaho, Montana (Pacific Flyway Portion), Utah, and Nevada—Swan season hunter participation, harvest, species composition, and hunter compliance rates in providing species-determinant parts or bill measurements of harvested swans for species identification.

Reports and monitoring are used for a variety of reasons. Some are used to monitor species composition of the harvest for those areas where species intermingling can confound harvest management and potential overharvest ( printed page 67852) of one species can be a management concern. Others are used to determine overall harvest for those species and/or areas that are not sampled well by our overall harvest surveys due to either the limited nature/area of the hunt or season or where the harvest needs to be closely monitored.

Experimental season reports are used to determine whether the experimental season is achieving its intended goals and objectives, without causing unintended harm to other species and ultimately whether the experimental season should proceed to operational status. Most experimental seasons are 3-year trials with yearly reports and a final report. Most of the other reports and monitoring are conducted either annually or at 3-year intervals.

4. Requests for Consultation (Tribes/States) —The 2023 regulations also may be applied to the establishment of migratory game bird hunting regulations for non-Tribal members on all lands within the 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 non-Tribal members on non-Indian lands within the reservation. Tribes usually have the authority to regulate migratory game bird hunting by nonmembers on Indian-owned reservation lands.

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 game bird hunting by non-Indians on these lands. In those cases, we encourage the Tribes and States to reach agreement on regulations that would apply throughout the reservations. If 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 migratory game bird hunting regulations for Tribal members on ceded lands.

It is incumbent upon the Tribe and/or the State to request consultation. 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. Tribal and State requests for consultation with the Service should be sent to the Service's Assistant Director for the Migratory Bird Program. We note that our guidance on resolving issues of concern between Tribes and States on reservations and ceded lands is the same guidance we provided under the previous Tribal regulation process.

5. Requests for Experimental Seasons (Tribes) —We will continue to consult with Tribes that wish to reach a mutual agreement (MOU or similar type of formal agreement) on conducting short-term (possibly several years) experimental hunting seasons using methods outside of the Federal hunting methods at § 20.21 for on-reservation and ceded lands hunting by Tribal members. The Tribal-member-only experimental hunting season would provide data and evaluation criteria specified in an agreement for consideration if a Tribe would like to make the additional hunting method operational. Tribes should send such requests for consultation to the Service's Assistant Director for the Migratory Bird Program at least 9 months before the season or ceremony regarding hunting methods outside of the Federal regulations.

Title of Collection: Establishment of Annual Migratory Bird Hunting Seasons, 50 CFR part 20.

OMB Control Number: 1018-0171.

Form Number: None.

Type of Review: Extension of a currently approved collection.

Respondent's Obligation: Required to obtain or retain a benefit.

Frequency of Collection: On occasion for new submissions, ongoing for recordkeeping requirements, and annually for reporting requirements.

Total Estimated Annual Nonhour Burden Cost: None.

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.

The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

91 FR 67849