[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Proposed Rules]
[Pages 35844-35847]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14070]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS-HQ-MB-2013-0057; FF09M21200-134-FXMB1231099BPP0]
RIN 1018-AY87
Migratory Bird Hunting; Supplemental Proposals for Migratory Game
Bird Hunting Regulations for the 2013-14 Hunting Season; Notice of
Meetings
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; supplemental.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), proposed in
an earlier document to establish annual hunting regulations for certain
migratory game birds for the 2013-14 hunting season. This supplement to
the proposed rule provides the regulatory schedule, announces the
Service Migratory Bird Regulations Committee and Flyway Council
meetings, and provides Flyway Council recommendations resulting from
their March meetings.
DATES: Comments: You must submit comments on the proposed regulatory
alternatives for the 2013-14 duck hunting seasons on or before June 22,
2013. Following subsequent Federal Register notices, you will be given
an opportunity to submit comments for proposed early-season frameworks
by July 27, 2013, and for proposed late-season frameworks and
subsistence migratory bird seasons in Alaska by August 31, 2013.
Meetings: The Service Migratory Bird Regulations Committee will
meet to consider and develop proposed regulations for early-season
migratory bird hunting on June 19 and 20, 2013, and for late-season
migratory bird hunting and the 2014 spring/summer migratory bird
subsistence season in Alaska on July 31 and August 1, 2013. All
meetings will commence at approximately 8:30 a.m.
ADDRESSES: Comments: 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-2013-0057.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-HQ-MB-2013-0057; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS
2042-PDM; Arlington, VA 22203.
We will not accept emailed or faxed comments. We will post all
comments on http://www.regulations.gov. This generally means that we
will post any personal information you provide us (see the Public
Comments section below for more information).
Meetings: The Service Migratory Bird Regulations Committee will
meet in room 200 of the U.S. Fish and Wildlife Service's Arlington
Square Building, 4401 N. Fairfax Dr., Arlington, VA.
FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, U.S. Fish and Wildlife
Service, Department of the Interior, MS MBSP-4107-ARLSQ, 1849 C Street
NW., Washington, DC 20240; 703-358-1714.
SUPPLEMENTARY INFORMATION:
Regulations Schedule for 2013
On April 9, 2013, we published in the Federal Register (78 FR
21200) a proposal to amend 50 CFR 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 Sec. Sec. 20.101
through 20.107, 20.109, and 20.110 of subpart K. This document is the
second in a series of proposed, supplemental, and final rules for
migratory game bird hunting regulations. We will publish proposed
early-season frameworks in early July and late-season frameworks in
early August. We will publish final regulatory frameworks for early
seasons on or about August 16, 2013, and for late seasons on or about
September 14, 2013.
Service Migratory Bird Regulations Committee Meetings
The Service Migratory Bird Regulations Committee (SRC) will meet
June 19-20, 2013, to review information on the current status of
migratory shore and upland game birds and develop 2013-14 migratory
game bird regulations recommendations for these species, plus
regulations for migratory game birds in Alaska, Puerto Rico, and the
Virgin Islands. The Committee will also develop regulations
recommendations for September waterfowl seasons in designated States,
special sea duck seasons in the Atlantic Flyway, and extended falconry
seasons. In addition, the Committee will review and discuss preliminary
information on the status of waterfowl.
At the July 31-August 1, 2013, meetings, the Committee will review
information on the current status of waterfowl and develop 2013-14
migratory game bird regulations recommendations for regular waterfowl
[[Page 35845]]
seasons and other species and seasons not previously discussed at the
early-season meetings. In addition, the Committee will develop
recommendations for the 2014 spring/summer migratory bird subsistence
season in Alaska.
In accordance with Departmental policy, these meetings are open to
public observation. You may submit written comments to the Service on
the matters discussed.
Announcement of Flyway Council Meetings
Service representatives will be present at the individual meetings
of the four Flyway Councils this July. Although agendas are not yet
available, these meetings usually commence at 8 a.m. on the days
indicated.
Atlantic Flyway Council: July 18-19, Mystic Hilton,
Mystic, CT.
Mississippi Flyway Council: July 25-26, Biddle Hotel and
Conference Center, Bloomington, IN.
Central Flyway Council: July 25-26, The Lodge at Sierra
Blanca, Ruidoso, NM.
Pacific Flyway Council: July 26, Siena Hotel, Reno, NV.
Review of Public Comments
This supplemental rulemaking describes Flyway Council recommended
changes based on the preliminary proposals published in the April 9,
2013, Federal Register. We have included only those recommendations
requiring either new proposals or substantial modification of the
preliminary proposals and do not include recommendations that simply
support or oppose preliminary proposals and provide no recommended
alternatives. Our responses to some Flyway Council recommendations, but
not others, are merely a clarification aid to the reader on the overall
regulatory process, not a definitive response to the issue. We will
publish responses to all proposals and written comments when we develop
final frameworks.
We seek additional information and comments on the recommendations
in this supplemental proposed rule. New proposals and modifications to
previously described proposals are discussed below. Wherever possible,
they are discussed under headings corresponding to the numbered items
identified in the April 9 proposed rule. Only those categories
requiring your attention or for which we received Flyway Council
recommendations are discussed below.
1. Ducks
Duck harvest management categories are: (A) General Harvest
Strategy; (B) Regulatory Alternatives, including specification of
framework dates, season length, and bag limits; (C) Zones and Split
Seasons; and (D) Special Seasons/Species Management.
A. General Harvest Strategy
Council Recommendations: The Mississippi Flyway Council recommended
that regulations changes be restricted to one step per year, both when
restricting as well as liberalizing hunting regulations.
Service Response: As we stated in the April 9 Federal Register, the
final AHM protocol for the 2013-14 season will be detailed in the
early-season proposed rule, which will be published in mid-July.
B. Regulatory Alternatives
Council Recommendations: The Mississippi and Central Flyway
Councils recommended that regulatory alternatives for duck hunting
seasons remain the same as those used in 2012-13.
Service Response: As we stated in the April 9 Federal Register, the
final regulatory alternatives for the 2013-14 season will be detailed
in the early-season proposed rule, which will be published in mid-July.
D. Special Seasons/Species Management
i. September Teal Seasons
Council Recommendations: The Atlantic, Mississippi, and Central
Flyway Councils recommended that the daily bag limit be increased from
4 to 6 teal in the aggregate during the Special September teal season.
The Atlantic Flyway Council also recommended that we allow Maryland to
adjust existing shooting hours during the Special September teal season
from sunrise to one-half hour before sunrise on an experimental basis
during 2013-15 seasons.
vi. Scaup
Council Recommendations: The Central Flyway Council recommended
modifying the ``moderate'' regulatory alternative for the States of the
Central Flyway from a 74-day season with a 2-bird daily bag limit to a
74-day season with a 3-bird daily bag limit. The Council recommended no
changes to the ``restrictive'' and ``liberal'' alternative.
2. Sea Ducks
Council Recommendations: The Atlantic Flyway Council recommended
that the Service amend the annual waterfowl hunting regulations at 50
CFR 20.105 to allow the shooting of crippled waterfowl from a motorboat
under power in New Jersey, North Carolina, South Carolina, and Georgia
in those areas described, delineated, and designated in their
respective hunting regulations as special sea duck hunting areas.
4. Canada Geese
A. Special Seasons
Council Recommendations: The Mississippi Flyway Council recommended
increasing the daily bag limit in Minnesota from 5 geese to 10 geese
during the special September season in certain areas of the State.
B. Regular Seasons
Council Recommendations: The Mississippi Flyway Council recommended
that the framework opening date for all species of geese for the
regular goose seasons in the Lower Peninsula of Michigan and Wisconsin
be September 16, 2013, and in the Upper Peninsula of Michigan be
September 11, 2013.
9. Sandhill Cranes
Council Recommendations: The Mississippi Flyway Council recommended
implementation of a 3-year experimental 60-day sandhill crane season in
Tennessee beginning in the 2013-14 season.
The Central Flyway Council recommended increasing the season length
in North Dakota's eastern sandhill crane hunting zone (Area-2) from 37
to 58 days in length.
The Central and Pacific Flyway Councils recommend using the 2013
Rocky Mountain Population (RMP) sandhill crane harvest allocation of
771 birds as proposed in the allocation formula using the 3-year
running average for 2010-12.
16. Mourning Doves
Council Recommendations: The Atlantic and Mississippi Flyway
Councils recommended use of the ``moderate'' season framework for
States within the Eastern Management Unit population of mourning doves
resulting in a 70-day season and 15-bird daily bag limit. The daily bag
limit could be composed of mourning doves and white-winged doves,
singly or in combination.
The Mississippi and Central Flyway Councils recommend the use of
the standard (or ``moderate'') season package of a 15-bird daily bag
limit and a 70-day season for the 2013-14 mourning dove season in the
States
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within the Central Management Unit. They also recommended that the
Special White-winged Dove Area be expanded to Interstate Highway 37 in
the 2013-14 season.
The Pacific Flyway Council recommended use of the ``moderate''
season framework for States in the Western Management Unit (WMU)
population of doves, which represents no change from last year's
frameworks.
The Atlantic, Mississippi, Central, and Pacific Flyway Councils
also recommended that the present interim mourning dove harvest
strategy be replaced by a new national mourning dove harvest strategy
for implementation beginning with the 2014-15 season. The new strategy
uses a discrete logistic growth model based on information derived from
the banding program, the Harvest Information Program, and the mourning
dove parts collection survey to predict mourning dove population size
in a Bayesian statistical framework. The method is similar to other
migratory bird strategies already in place and performs better than
several other modeling strategies that were evaluated by the National
Mourning Dove Task Force. The strategy uses mourning dove population
thresholds to determine a regulation package for mourning doves for
each year.
23. Other
Council Recommendations: The Atlantic Flyway Council recommended
increasing the possession limits for sora and Virginia rails from 2 to
3 times the aggregate daily bag limit, consistent with the Council's
proposed bag limits for all other migratory game birds during normal
established hunting seasons.
The Atlantic, Mississippi, Central, and Pacific Flyway Councils
recommended increasing the possession limit from 2 to 3 times the daily
bag limit for doves.
The Pacific Flyway Councils recommended increasing the possession
limit from 2 to 3 times the daily bag limit for band-tailed pigeons,
special September Canada goose seasons, snipe, falconry, and Alaska
seasons for brant, sandhill cranes, and geese (except dusky Canada
geese).
The Mississippi Flyway Council recommended that the Service
increase the possession limit from 2 times to 3 times the daily bag
limit for all migratory game bird species and seasons except for Canada
geese or other overabundant species for which no current possession
limits are currently assigned (e.g., light geese), where there would
continue to be no possession limits. The Council also recommended no
change for those species that currently have permit hunts (e.g., cranes
and swans). The Council recommends these changes be implemented
beginning in the 2013-14 season. New and/or experimental seasons could
have different possession limits if justified. The Council further
recommended that possession limits not apply at one's personal
permanent residence and specifically recommended language to modify 50
CFR 20.39 to do so.
Service Response: The issue of possession limits was first raised
by the Flyway Councils in the summer of 2010. At that time, we stated
that we were generally supportive of the Flyways' interest in
increasing the possession limits for migratory game birds and
appreciated the discussions to frame this important issue (75 FR 58250;
September 23, 2010). We also stated that we believed there were many
unanswered questions regarding how this interest could be fully
articulated in a proposal that satisfies the harvest management
community, while fostering the support of the law enforcement community
and informing the general hunting public. Thus, we proposed the
creation of a cross-agency Working Group, chaired by the Service, and
comprised of staff from the Service's Migratory Bird Program, State
Wildlife Agency representatives, and Federal and State law enforcement
staff, to develop a recommendation that fully articulates a potential
change in possession limits. This effort would include a discussion of
the current status and use of possession limits, which populations and/
or species/species groups should not be included in any proposed
modification of possession limits, potential law enforcement issues,
and a reasonable timeline for the implementation of any such proposed
changes.
After discussions last year at the January SRC meeting, and March
and July Flyway Council meetings, the Atlantic, Central, and Pacific
Flyway Councils recommended that the Service increase the possession
limit from 2 times to 3 times the daily bag limit for all migratory
game bird species and seasons except for those species that currently
have possession limits of less than 2 times the daily bag limit (e.g.,
some rail species), permit hunts (e.g., cranes and swans), and for
overabundant species for which no current possession limits are
assigned (e.g., light geese), beginning in the 2013-14 season (77 FR
58444; September 20, 2012). These recommendations from the Councils are
one such outgrowth of the efforts started in 2010. With the new
recommendation from the Mississippi Flyway Council and the additional
input and recommendations from all four Flyway Councils from their
March 2013 Council meetings, we plan to prepare a proposal for the
SRC's consideration and discussion at the June 19-20 SRC meeting for
the 2013-14 hunting seasons.
Additionally, as we discussed in the April 9 proposed rule (78 FR
21200), when our initial review of possession limits was instituted in
2010, we also realized that a review of possession limits could not be
adequately conducted without expanding the initial review to include
other possession-related regulations. In particular, it was our belief
that any potential increase in the possession limits should be done in
concert with a review and update of the wanton waste regulations in 50
CFR 20.25. We believed it prudent to review some of the long-standing
sources of confusion (for both hunters and law enforcement) regarding
wanton waste. A review of the current Federal wanton waste regulations,
along with various State wanton waste regulations, has been recently
completed, and we anticipate publishing a proposed rule this summer to
revise 50 CFR 20.25.
Lastly, we recognize that there are other important issues
surrounding possession that need to be reviewed, such as termination of
possession (as recommended by the Mississippi Flyway Council). However,
that issue is a much larger and more complex review than the wanton
waste regulations and the possession limit regulations. We anticipate
starting a review of termination of possession regulations upon
completion of changes to the wanton waste and possession limits
regulations.
Public Comments
The Department of the Interior's policy is, whenever practicable,
to afford the public an opportunity to participate in the rulemaking
process. Accordingly, we invite interested persons to submit written
comments, suggestions, or recommendations regarding the proposed
regulations. Before promulgation of final migratory game bird hunting
regulations, we will take into consideration all comments we receive.
Such comments, and any additional information we receive, may lead to
final regulations that differ from these proposals.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in the ADDRESSES section. We will not
accept comments sent by email or fax or to an
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address not listed in the ADDRESSES section. Finally, we will not
consider hand-delivered comments that we do not receive, or mailed
comments that are not postmarked, by the date specified in the DATES
section.
We will post all comments in their entirety--including your
personal identifying information--on http://www.regulations.gov. Before
including your address, phone number, email address, or other personal
identifying information in your comment, you should be aware that your
entire comment--including your personal identifying information--may be
made publicly available at any time. While you can ask us in your
comment to withhold your personal identifying information from public
review, we cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on http://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Division of Migratory Bird Management, Room 4107,
4501 North Fairfax Drive, Arlington, VA 22203.
For each series of proposed rulemakings, we will establish specific
comment periods. We will consider, but possibly 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.
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) will review all significant rules. The Office
of Information and Regulatory Affairs has determined that this rule is
significant because it will have an annual effect of $100 million or
more on the economy.
An economic analysis was prepared for the 2008-09 season. This
analysis was based on data from the 2006 National Hunting and Fishing
Survey. 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 2007-08 season, (2)
Issue moderate regulations allowing more days than those in alternative
1, and (3) Issue liberal regulations identical to the regulations in
the 2007-08 season. For the 2008-09 season, we chose alternative 3,
with an estimated consumer surplus across all flyways of $205-$270
million. We also chose alternative 3 for the 2009-10, the 2010-11, the
2011-12, and the 2012-13 seasons. At this time, we are proposing no
changes to the season frameworks for the 2013-14 season, and as such,
we will again consider these three alternatives. However, final
frameworks will be dependent on population status information available
later this year.
Recently, new economic data from the 2011 National Hunting and
Fishing Survey has become available. As such, we are currently updating
our previous economic analysis and plan to have it available for public
review and comment later this summer. Until such time as our new
analysis is available, we will continue to make the 2008-09 analysis
available at http://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or at http://www.regulations.gov at Docket No. FWS-HQ-MB-2013-0057.
Executive Order 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.
Other Required Determinations
Based on our most current data, we are affirming our required
determinations made in the proposed rule; for descriptions of our
actions to ensure compliance with the following statutes and Executive
orders, see our April 9, 2013, proposed rule (78 FR 21200):
National Environmental Policy Act;
Endangered Species Act;
Regulatory Flexibility Act;
Small Business Regulatory Enforcement Fairness Act;
Paperwork Reduction Act;
Unfunded Mandates Reform Act;
Executive Orders 12630, 12988, 13175, 13132, and 13211.
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 2013-14
hunting season are authorized under 16 U.S.C. 703-711, 16 U.S.C. 712,
and 16 U.S.C. 742 a-j.
Dated: June 3, 2013.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2013-14070 Filed 6-13-13; 8:45 am]
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