2017 Federal Register, 82 FR 46011; Centralized Library: U.S. Fish and Wildlife Service - Federal Register, Volume 82 Issue 190 (Tuesday, October 3, 2017)

[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Proposed Rules]
[Pages 46011-46015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21195]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

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

Migratory Bird Hunting; Supplemental Proposals for Migratory Game
Bird Hunting Regulations for the 2018-19 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 this year to establish annual hunting regulations
for certain migratory game birds for the 2018-19 hunting season. This
supplement to that proposed rule provides the regulatory alternatives
for the 2018-19 duck hunting seasons, announces the Service Migratory
Bird Regulations Committee (SRC) and Flyway Council meetings, and
provides Flyway Council recommendations resulting from their March
meetings.

DATES: Comments: We will accept comments on this proposed rule and any
subsequent proposed rules resulting from upcoming SRC meetings until
January 15, 2018.
Meetings: The SRC will meet to consider and develop proposed
regulations for the 2018-19 migratory game bird hunting seasons on
October 17-18, 2017. Meetings on both days will commence at
approximately 8:30 a.m.

ADDRESSES: You may submit comments on the proposals by one of the
following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments on Docket No. FWS-HQ-
MB-2017-0028.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-HQ-MB-2017-0028; Division of Policy, Performance, and
Management Programs; U.S. Fish and Wildlife Service, MS: BPHC; 5275
Leesburg Pike, Falls Church, VA 22041.

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We will not accept emailed or faxed comments. We will post all comments
on http://www.regulations.gov. This generally means that your entire
submission--including any personal identifying information--will be
posted on the Web site. See the Public Comments section, below, for
more information.
Meetings: The October 17-18, 2017, SRC meeting will be at the U.S.
Fish and Wildlife Service Midwest Regional Office, 5600 American
Boulevard, Bloomington, MN 55437.

FOR FURTHER INFORMATION CONTACT: Ron W. Kokel at: Division of Migratory
Bird Management, U.S. Fish and Wildlife Service, Department of the
Interior, MS: MB, 5275 Leesburg Pike, Falls Church, VA 22041; (703)
358-1714.

SUPPLEMENTARY INFORMATION:

New Process for the Annual Migratory Game Bird Hunting Regulations

As part of DOI's retrospective regulatory review, 2 years ago we
developed a schedule for migratory game bird hunting regulations that
is more efficient and provides hunting season dates much earlier than
was possible under the old process. The new process makes planning
easier for the States and all parties interested in migratory bird
hunting. Beginning in the summer of 2015, with the development of the
2016-17 hunting seasons, we started promulgating our annual migratory
game bird hunting regulations using a new schedule that combines the
previously used early- and late-season regulatory processes into a
single process. We make decisions for harvest management based on
predictions derived from long-term biological information and
established harvest strategies and, therefore, can establish migratory
bird hunting seasons much earlier than the system we used for many
years. Under the new process, we develop proposed hunting season
frameworks for a given year in the fall of the prior year. We then
finalize those frameworks a few months later, thereby enabling the
State agencies to select and publish their season dates in early
summer. We provided a detailed overview of the new process in the
August 3, 2017, Federal Register (82 FR 36308). This proposed rule is
the second in a series of proposed and final rules for the
establishment of the 2018-19 hunting seasons.

Service Migratory Bird Regulations Committee Meetings

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

Regulatory Schedule for 2017-18

On August 3, 2017, we published a proposal to amend title 50 of the
Code of Federal Regulations (CFR) at part 20 (82 FR 36308). 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 additional supplemental proposals for public comment in the
Federal Register as population, habitat, harvest, and other information
become available. Major steps in the 2018-19 regulatory cycle relating
to open public meetings and Federal Register notifications were
illustrated in the diagram at the end of the August 3, 2017, proposed
rule (82 FR 36308).
All sections of this and subsequent documents outlining hunting
frameworks and guidelines are organized under the numbered headings set
forth in the August 3, 2017, proposed rule (82 FR 36308). Later
sections of this and subsequent documents will refer only to numbered
items requiring attention. Therefore, it is important to note that we
will omit those items requiring no attention, and remaining numbered
items will be discontinuous, thereby making the list appear incomplete.
The regulatory alternatives for the 2018-19 duck hunting seasons
are shown at the end of this document. We plan to publish proposed
season frameworks in mid-December 2017. We plan to publish final season
frameworks in late February 2018.

Review of Public Comments

This proposed rulemaking describes recommended changes or specific
preliminary proposals that vary from the 2017-18 regulations and issues
requiring discussion, action, or the attention of the States or tribes.
We will publish responses to all proposals and written comments when we
develop final frameworks for the 2018-19 season. We seek additional
information and comments on this 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 August
3, 2017, proposed rule (82 FR 36308). Only those categories requiring
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 regulation changes be restricted to one step per year, both when
restricting as well as liberalizing hunting regulations.
Service Response: As we stated in the August 3, 2017, proposed rule
(82 FR 36308), we intend to continue use of Adaptive Harvest Management
(AHM) to help determine appropriate duck-hunting regulations for the
2018-19 season. AHM is a tool that permits sound resource decisions in
the face of uncertain regulatory impacts, as well as providing a
mechanism for reducing that uncertainty over time. The current AHM
protocol is used to evaluate four alternative regulatory levels based
on the population status of mallards and their breeding habitat (i.e.,
abundance of ponds). Special hunting restrictions are enacted for
certain species, such as canvasbacks, black ducks, scaup, and pintails.
Regarding the Mississippi Flyway Council recommendation to limit
regulatory changes to one step per year, we recognize the longstanding
interest by the Council to impose a one-step constraint on regulatory
changes. We note that the Central and Mississippi Flyways have worked
with Service staff during the past 3 years to revisit the AHM protocol
for managing harvest of mid-continent mallards. This effort has
included a discussion of appropriate management objectives, regulatory
packages, and management of non-mallard stocks. These discussions are
the appropriate venue to discuss what role, if any, a one-step
constraint might play in management of waterfowl in the Central and
Mississippi Flyways. Such discussions should include the potential
impact of a one-step constraint on the

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frequency of when the liberal, moderate, and restrictive packages would
be recommended. On a final note, while we recognize the Council's
concern about potentially communicating a large regulatory change to
hunters, we have concerns about the appropriateness of a one-step
constraint in situations when the status of the waterfowl resource may
warrant such a measure. We look forward to continued work with the
Flyway Councils on this issue.
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 2017-18. The Mississippi
Flyway Council further recommended changing the framework closing date
to January 31 during ``moderate'' and ``liberal'' seasons.
Service Response: As we stated in final rules published last year
(81 FR 17302, March 28, 2016) and earlier this year (82 FR 24786, May
30, 2017), we do not support the Council's recommendation to extend the
duck season framework closing date to January 31 at this time. We note
that the current framework opening and closing dates were developed
through a cooperative effort between all four Flyway Councils and that
framework dates are only one of several components that comprise the
regulatory packages utilized in AHM. Regulatory packages also consider
season length, daily bag limits, and shooting hours. The current
regulatory packages in the Mississippi Flyway should remain unchanged
until revisions to the AHM protocols have been completed. Those efforts
will include examination of duck harvest management objectives, model
updates, and revisions to regulatory packages, including framework
dates. We prefer that the issue of framework dates and any other
component of the regulatory packages be addressed through this
cooperative process and would prefer a comprehensive approach to
revising regulatory packages rather than making incremental changes.
Thus, the regulatory alternatives proposed in the August 3, 2017,
Federal Register (82 FR 36308) will be used for the 2018-19 hunting
season (see accompanying table at the end of this document for specific
information). In 2005, the AHM regulatory alternatives were modified to
consist only of the maximum season lengths, framework dates, and bag
limits for total ducks and mallards. Restrictions for certain species
within these frameworks that are not covered by existing harvest
strategies will be addressed in the proposed frameworks rule in early
December 2017. For those species with specific harvest strategies
(pintails, black ducks, and scaup), those strategies will again be used
for the 2018-19 hunting season.
D. Special Seasons/Species Management
i. September Teal Seasons
Council Recommendations: The Mississippi Flyway Council recommended
that early teal seasons in Iowa, Michigan, and Wisconsin be made
operational beginning with the 2018 season and remain operational
thereafter. The frameworks would follow the teal harvest strategy,
except that Iowa would retain the option of selecting an early
September duck season in lieu of an early teal season. Iowa would
choose between an early September duck season or early teal season
beginning with the 2018-19 hunting season, and this decision will
remain in effect under current frameworks. The Council also recommended
that Kentucky and Tennessee be granted operational 4-day teal only
seasons when 16-day teal seasons are offered for the 2018-19 season and
beyond. If a 9-day teal season is offered, the Council recommends that
both States would revert to their original 5-day wood duck and teal
seasons. The Kentucky and Tennessee seasons would follow the existing
teal harvest strategy.
16. Doves
Council Recommendations: The Atlantic and Mississippi Flyway
Councils recommended that the framework closing date for mourning doves
in the Eastern Management Unit (EMU) be moved from January 15 to
January 31 for the 2018-19 hunting season, and that the National
Mourning Dove Harvest Strategy be revised accordingly. The Central and
Mississippi Flyway Councils recommended that the National Mourning Dove
Harvest Strategy be revised to allow a fixed opening framework date of
September 14 for the Texas South Dove Zone.
Service Response: We agree with the Atlantic and Mississippi Flyway
Councils' recommendation to extend the EMU's framework closing date to
January 31. A review of the available data on mourning dove nesting
phenology in the EMU indicated that <1 percent of all mourning dove
nest initiations detected occurred in January; thus, the impacts on
mourning dove reproduction will be minimal. Furthermore, the maximum
additional harvest expected as a result of this action is negligible in
relation to the number of mourning doves in the EMU (<0.2 percent of
the fall population). Therefore, we do not expect that this action will
result in significant impacts to the EMU mourning dove population.
However, we also note that nesting phenology may have changed in some
areas since the studies cited in the EMU recommendation were conducted
and may continue to change in the future. Thus, framework dates later
than January 31 should not be considered without new studies that
document contemporary nesting phenology throughout the EMU, which would
allow assessment of the impact of a later closing date on mourning dove
productivity.
Regarding the Central and Mississippi Flyway Councils'
recommendation, we supported a change in the opening date to September
14 for the Texas South Dove Zone (82 FR 24794, May 30, 2017). However,
we noted that the National Dove Harvest Strategy used to guide dove
harvest management had language that did not allow the earlier date,
and would need to be revised. Therefore, we delayed implementation of
the earlier opening date until the 2018-19 season. We support the
recommendations and the change made to the Harvest Strategy, which will
allow the earlier framework date in the Texas South Dove Zone for the
2018-19 season.

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 the 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

[[Page 46014]]

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 the 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.
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.

Required Determinations

Based on our most current data, we are affirming our required
determinations made in the August 3, 2017, proposed rule (82 FR 36308);
see that document for descriptions of our actions to ensure compliance
with the following statutes and Executive Orders:
National Environmental Policy Act;
Endangered Species Act;
Regulatory Flexibility Act;
Small Business Regulatory Enforcement Fairness Act;
Paperwork Reduction Act;
Unfunded Mandates Reform Act; and
Executive Orders 12630, 12866, 12988, 13132, 13175, 13211,
13563, and 13771.

List of Subjects in 50 CFR Part 20

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

Authority

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

Dated: September 21, 2017.
Todd D. Willens,
Acting Assistant Secretary for Fish and Wildlife and Parks.
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[FR Doc. 2017-21195 Filed 10-2-17; 8:45 a.m.]
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