[Federal Register Volume 87, Number 212 (Thursday, November 3, 2022)]
[Proposed Rules]
[Pages 66247-66254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23786]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 /
Proposed Rules
[[Page 66247]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS-HQ-MB-2022-0090; FF09M30000-223-FXMB1231099BPP0]
RIN 1018-BF64
Migratory Bird Hunting; Proposed 2023-24 Migratory Game Bird
Hunting Regulations (Preliminary)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service or we) proposes to
establish annual hunting regulations for certain migratory game birds
for the 2023-24 hunting season. We annually prescribe outside limits
(frameworks) within which States may select hunting seasons. This
proposed rule provides the regulatory schedule and describes the
proposed regulatory alternatives for the 2023-24 general duck seasons
and preliminary proposals that vary from the 2022-23 hunting season
regulations. 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 duck season regulatory
alternatives and other preliminary proposals for the 2023-24 season
until December 5, 2022.
ADDRESSES: Comments: You may submit comments on the proposals by one of
the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments on Docket No. FWS-HQ-
MB-2022-0090.
U.S. Mail: Public Comments Processing, Attn: FWS-HQ-MB-
2022-0090; U.S. Fish and Wildlife Service; MS: PRB/3W; 5275 Leesburg
Pike; Falls Church, VA 22041-3803.
We will not accept emailed or faxed comments. We will post all
comments on https://www.regulations.gov. This generally means that your
entire submission--including any personal identifying information--will
be posted on the website. See Public Comments, below, for more
information.
FOR FURTHER INFORMATION CONTACT: Jerome Ford, U.S. Fish and Wildlife
Service, Department of the Interior, (703) 358-2606. Individuals in the
United States who are deaf, deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point of contact in the United States.
SUPPLEMENTARY INFORMATION:
Promulgating Annual Migratory Game Bird Hunting Regulations
This proposed rule is the first in a series of proposed and final
rules that establish regulations for the 2023-24 migratory bird hunting
season. As part of the Department of the Interior's 2015 retrospective
regulatory review, we changed our process for developing migratory game
bird hunting regulations with the goal of enabling the State agencies
to select and publish their season dates earlier than was allowed under
the prior process. We provided a detailed overview of this process in
the August 6, 2015, Federal Register (80 FR 47388).
Background
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 (MBTA; 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 (16
U.S.C. 704(a)). 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)) and are updated annually.
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 Federal, State, and Tribal governments.
The Service annually develops migratory game bird hunting
regulations by establishing the frameworks, or outside limits, for
season dates, season lengths, shooting hours, bag and possession
limits, and areas where migratory game bird hunting may occur. These
frameworks are necessary to allow harvest at levels compatible with
migratory game bird population status and habitat conditions.
Acknowledging regional differences in hunting conditions, the
Service has administratively divided the United States 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 within the Flyway, as well as Provinces in Canada that share
migratory bird populations with the 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, Tribal, and Provincial governments, as
well as private conservation entities and the general public.
Overview of the Rulemaking Process
The process for adopting migratory game bird hunting regulations,
which are set forth in title 50 of the Code of Federal Regulations in
part 20 (50 CFR 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
[[Page 66248]]
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 date limits for hunting seasons
(which we refer to as 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 the frameworks are established,
States may select migratory game bird hunting seasons within the
Federal frameworks. States may always be more conservative in their
selections than the Federal frameworks, but never more liberal.
We annually publish definitions of flyways and management units and
a description of the data used in and the factors affecting the
regulatory process. This information will be included in proposed and
final rules later in the regulations-development process (see 87 FR
5946, February 2, 2022, for the latest definitions and descriptions).
Service Regulations Committee Meetings
Per the regulations at 50 CFR 20.153, the Service Regulations
Committee conducted open meetings in April and October 2022 to discuss
preliminary issues for the 2023-24 regulations, review information on
the current status of migratory game birds and develop recommendations
for 2023-24 regulations for these species. These meetings were open to
public observation, and official transcripts will soon be available at
https://www.regulations.gov in Docket No. FWS-HQ-MB-2022-0090. You may
submit written comments to the Service on the matters discussed. See
DATES and ADDRESSES for information about submitting comments.
Rulemaking Process for the 2023-24 Season
This document is the first in a series of proposed and final
rulemaking documents for migratory game bird hunting regulations. This
document announces our intent to establish open hunting seasons for
certain designated groups or species of migratory game birds for 2023-
24 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 2023-24 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, and gallinules); and Scolopacidae (woodcock and snipe).
The proposed regulatory alternatives for the 2023-24 duck hunting
seasons are contained at the end of this document. We will publish
additional proposals for public comment in the Federal Register as
population, habitat, harvest, and other information become available.
Major steps in the 2023-24 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. Our goal is to publish
final regulatory alternatives for duck seasons in fall 2022, proposed
season frameworks in winter 2022, and final season frameworks near the
end of February 2023.
Subject Matter Organization
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. Early Teal Seasons
ii. Early Teal/Wood Duck Seasons
iii. Black Ducks
iv. Canvasbacks
v. Pintails
vi. Scaup
vii. Mottled Ducks
viii. Wood Ducks
ix. Eastern mallards
x. Youth and Veterans--Active Military Personnel Hunting Days
xi. Mallard Management Units
xii. 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. 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
This and subsequent documents will refer only to numbered items
requiring attention. Because we will omit those items not requiring
attention, the remaining numbered items may be discontinuous and the
list may appear incomplete.
The proposed regulatory alternatives for the 2023-24 duck hunting
seasons are contained at the end of this document. We plan to publish
the proposed season frameworks in late fall 2022 and final season
frameworks in late-winter 2022.
Tribal Regulations
As part of this rulemaking improvement process, we will develop
regulations pertaining to Tribes differently than we have in the past.
Since the 1985-86 hunting season, we have employed guidelines described
in the June 4, 1985, Federal Register (50 FR 23459) 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. While in past years we
solicited Tribal proposals in the documents, like this one, that
initiated the rulemaking process for all migratory bird hunting
regulations for a specific season, for the 2023-24 season we will
handle Tribal regulations via a separate rulemaking process. For
inquiries on Tribal guidelines, Tribes should contact the address
indicated under FOR FURTHER INFORMATION CONTACT.
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 this proposed rule.
We seek information and comments on the proposed regulatory
alternatives for the
[[Page 66249]]
2023-24 general duck hunting seasons, other recommended changes or
specific preliminary proposals that vary from the 2022-23 regulations,
and issues requiring early discussion, action, or the attention of the
States.
The Service believes that a 30-day comment period is warranted for
this proposed rule as subsequent Federal Register documents will allow
the public to submit comments on the overall hunting frameworks (see
Schedule of Biological Information Availability, Regulations Meetings,
and Federal Register Publications for the 2023-24 Hunting Season at the
end of this proposed rule for further information). For each subsequent
proposed rule associated with this rulemaking action, we will establish
a specific comment period. Before promulgation of final migratory game
bird hunting regulations, we will take into consideration all comments
we receive. We will summarize the comments received and publish
responses to all proposals and written comments when we develop final
frameworks for the 2023-24 season. Such comments, and any additional
information we receive, may lead to final regulations that differ from
the proposed rules.
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 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 https://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 https://www.regulations.gov.
Required Determinations
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 2022-
23,'' with its corresponding April 2022 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 person listed
above under FOR FURTHER INFORMATION CONTACT.
Endangered Species Act Consideration
Before issuance of the 2023-24 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
adversely 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 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) will review all significant
rules. OIRA has determined that this rulemaking action is economically
significant because the annual migratory bird hunting regulations 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.
E.O. 13563 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 proposed rule in a manner
consistent with these requirements.
An economic analysis was prepared for the 2023-24 migratory bird
hunting season. This analysis was based on data from the 2016 National
Survey of Fishing, Hunting, and Wildlife-Associated Recreation
(National Survey), the most recent year for which data are available.
See discussion under Required Determinations, Regulatory Flexibility
Act, below. This analysis estimated consumer surplus for three
alternatives for duck hunting regulations. As defined by the U.S.
Office of Management and Budget 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) issue
restrictive regulations allowing fewer days than those issued during
the 2022-23 season, (2) issue moderate regulations allowing more days
than those in Alternative 1, and (3) issue liberal regulations similar
to the regulations in the 2022-23 season. For the 2022-23 season, we
chose Alternative 3, with an estimated consumer surplus across all
flyways of $329 million. We also chose Alternative 3 for the 2009-10
through 2021-22 seasons. The 2023-24 analysis is part of the record for
this rulemaking action and is available at https://www.regulations.gov
at Docket No. FWS-HQ-MB-2022-0090.
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.). 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,
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which is generally conducted at 5-year intervals. The 2022 analysis is
based on the 2016 National Survey and the U.S. Department of Commerce's
County Business Patterns, from which it is estimated that migratory
bird hunters would spend approximately $2.2 billion at small businesses
in 2022. Copies of the 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-2022-0090.
Small Business Regulatory Enforcement Fairness 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
rule would establish a regulatory program for activity related to
hunting and because hunting seasons are time sensitive, we do not plan
to defer the effective date under the exemption in the CRA, 5 U.S.C.
808(1).
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.
Paperwork Reduction Act
This rule does not contain any new collection of information that
requires approval by the Office of Management and Budget (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 02/29/2024).
1018-0023, ``Migratory Bird Surveys, 50 CFR 20.20''
(expires 04/30/2023). 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 10/31/2024).
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
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
proposed 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 one year and does not significantly or
uniquely affect small governments.
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--Executive Order 12630
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, would 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 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 and
have determined that there are de minimis effects on Indian trust
resources. Through this process to establish annual hunting
regulations, we regularly coordinate with Tribes that are affected by
this rulemaking action. As noted previously, for the 2023-24 season, we
will handle Tribal regulations via a separate rulemaking in later
Federal Register documents.
Federalism Effects--Executive Order 13132
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 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. These rules do 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.
[[Page 66251]]
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 2023-24
hunting season are authorized under 16 U.S.C. 703-711, 712, and 742 a-
j.
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
Proposed 2023-24 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. Issues requiring
early discussion, action, or the attention of the States or Tribes are
described below.
1. Ducks
As mentioned earlier in this document, the 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 will continue to use adaptive harvest management (AHM) to help
determine appropriate duck-hunting regulations for the 2023-24 season.
AHM is a tool that permits sound resource decisions in the face of
uncertain regulatory impacts and provides a mechanism for reducing that
uncertainty over time. We use an AHM protocol (decision framework) to
evaluate four regulatory alternatives, each with a different expected
harvest level, and choose the optimal regulation for duck hunting based
on the status and demographics of mallards for the Mississippi,
Central, and Pacific Flyways, and based on the status and demographics
of a suite of four species (eastern waterfowl) in the Atlantic Flyway.
We have specific AHM protocols that guide appropriate bag limits and
season lengths for species of special concern, including black ducks,
scaup, pintails, and mallards in the Atlantic Flyway (eastern
mallards), within the general duck season. These protocols use the same
outside season dates and lengths as those regulatory alternatives for
the 2023-24 general duck seasons.
For the 2023-24 hunting season, we will continue to use independent
optimizations to determine the appropriate regulatory alternative for
mallard stocks in the Mississippi, Central, and Pacific Flyways and for
eastern waterfowl in the Atlantic Flyway. This means that we will
develop regulations for mid-continent mallards, western mallards, and
eastern waterfowl independently based on the breeding stock that
contributes primarily to each Flyway. We detailed implementation of AHM
protocols for mid-continent and western mallards in the July 24, 2008,
Federal Register (73 FR 43290), and for eastern waterfowl in the
September 21, 2018, Federal Register (83 FR 47868).
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. In 2018, we
adopted a closing duck framework date of January 31 for the
``moderate'' and ``liberal'' alternatives in the Atlantic Flyway as
part of the Atlantic Flyway's eastern waterfowl AHM protocol (83 FR
47868, September 21, 2018). We subsequently extended the framework
closing date to January 31 across all four Flyways for the 2019-20
hunting season (84 FR 16152, April 17, 2019).
More recently, the John D. Dingell, Jr. Conservation, Management,
and Recreation Act of 2019 (Pub. L. 116-9, Dingell Act) amended the
Migratory Bird Treaty Act to establish that the closing framework date
for duck seasons will be January 31, unless a flyway chooses an earlier
closing date. Thus, in 2019, as directed by the Dingell Act, we
adjusted the framework closing date under each regulatory alternative
for all four Flyways to January 31 (84 FR 42996; August 19, 2019). In
2020, we agreed to move the opening framework date to 1 week earlier in
the restrictive regulatory alternative for the Mississippi and Central
Flyways beginning with the 2021-22 season based on their
recommendations (85 FR 15870, March 19, 2020).
For the 2023-24 general duck season, we propose to use the same
regulatory alternatives that are in effect for the 2022-23 season (see
table at the end of this proposed rule for specifics of the regulatory
alternatives). Alternatives are specified for each Flyway and are
designated as ``RES'' for the restrictive, ``MOD'' for the moderate,
and ``LIB'' for the liberal alternative. We plan to finalize AHM
regulatory alternatives for the 2023-24 season in a supplemental
proposed rule, which we plan to publish by late fall of 2022 (see
Schedule of Biological Information Availability, Regulations Meetings,
and Federal Register Publications for the 2023-24 Hunting Season at the
end of this proposed rule for further information).
D. Special Seasons/Species Management
ix. Eastern Mallards
In 2019 when we implemented the AHM protocol for eastern waterfowl,
there was concern about the adequacy of existing data and models to
reflect the dynamics of mallards in the Atlantic flyway (eastern
mallards). The protocol did not specifically address appropriate bag
limits for mallards. Consequently, the Service and the Atlantic Flyway
Council developed an interim harvest strategy for eastern mallards as
detailed in the August 19, 2019, Federal Register (84 FR 42996). The
interim strategy is based on a potential take limit analysis that
determined a sustainable daily-bag limit assuming a 60-day general duck
season. The result of the assessment prescribed a daily bag limit of
two mallards, one of which could be female. The interim strategy had
limited functionality in that it did not allow for changes in the daily
bag limit in response to changes in eastern mallard abundance or the
general duck season length determined by the eastern waterfowl AHM
protocol. Thus, at the time of implementing the interim harvest
strategy, the Service and Council agreed to develop a State-dependent
harvest strategy that would determine the daily bag limit for eastern
mallards based on the status of these birds.
The development of the State-dependent eastern mallard harvest
strategy has now been completed, and we propose to adopt it in place of
the interim harvest strategy beginning with the 2023-24 season.
The new eastern mallard harvest strategy is the result of 3 years
of technical work and policy decisions developed and agreed upon by the
Service and State agencies in the
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Atlantic Flyway. The goals of the eastern mallard harvest strategy are
to: (1) maintain the eastern mallard stock at sustainable levels, and
(2) provide consumptive and nonconsumptive uses indefinitely. The
harvest strategy is based on an integrated population model that uses
current data and understanding of system dynamics. The new harvest
strategy is an improvement over the interim strategy because it allows
the Service to make more informed harvest management decisions based on
the current status of the resource and uncertainty, including the
effects of harvest on mallard survival. The harvest strategy will be
reviewed and revised as necessary on an approximately 5- to 10-year
interval. A copy of the strategy is available at the address indicated
under FOR FURTHER INFORMATION CONTACT, or at https://www.regulations.gov, or from our website at https://www.fws.gov/media/eastern-mallard-adaptive-harvest-management-strategy-2022.
xii. Other
Although not part of any current harvest management strategy, we
propose to allow South Dakota and Nebraska to continue to conduct a
pilot study during the 2023-24 duck season of a two-tier regulatory
system as described in the March 19, 2020, proposed rule (85 FR 15870).
This would be the second year of a planned 4-year pilot study. The
intent of the two-tier license study is to evaluate whether regulations
that relax hunters' requirement to identify duck species can improve
waterfowl hunter recruitment and retention.\1\ Declines in waterfowl
hunter numbers have been of concern to the Service and the Flyway
Councils, prompting the development of recruitment, retention, and
reactivation (R3) efforts in the conservation community. The study
would allow a person to obtain one of two license types during the duck
season. The first license type would allow a daily bag limit as
specified in the current duck regulations (six ducks), along with
attendant species and sex restrictions. The second license type would
allow a daily bag limit of only three ducks, but they could be of any
species or sex. Additional years of study would be contingent on
whether preliminary results from the first two duck seasons (2021-22
and 2022-23) warrant additional investigation. Memoranda of agreement
between the Service and the two States specify the purpose of the study
and the roles and responsibilities of each party while conducting the
pilot study.
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\1\ The Service's primary goal is to ensure that waterfowl sport
harvest management conforms to the MBTA and ensures the long-term
conservation of bird populations. The various harvest strategies
reflect this goal by ensuring that harvest does not exceed maximum
sustainable yield (MSY). Secondarily to the MBTA, the Service has
adopted policies to promote wildlife-based recreation, including
migratory bird harvest. To the extent that management actions
designed to promote hunter recruitment and retention do not result
in harvest greater than the biological capacity of a population
(i.e., does not exceed MSY), the Service deems these actions to be
in accordance with the MBTA. Management actions that result in
harvest equal to or less than MSY will result in stable or
increasing populations and provide consumptive and nonconsumptive
uses indefinitely.
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[FR Doc. 2022-23786 Filed 11-2-22; 8:45 am]
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