[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Notices]
[Pages 80745-80747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25558]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-HQ-MB-2023-0211; FXMB1231099BPP0-245-FF09M32000; OMB
Control Number 1018-0171]
Agency Information Collection Activities; Establishment of Annual
Migratory Bird Hunting Seasons
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of information collection; request for comment.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we,
the U.S. Fish and Wildlife Service (Service), are proposing to revise a
currently approved information collection.
DATES: Interested persons are invited to submit comments on or before
January 19, 2024.
ADDRESSES: Send your comments on the information collection request
(ICR) by one of the following methods (reference ``1018-0171'' in the
subject line of your comment):
Internet (preferred): https://www.regulations.gov. Follow
the instructions for submitting comments on Docket No. FWS-HQ-MB-2023-
0211.
U.S. mail: Service Information Collection Clearance
Officer, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB
(JAO/3W), Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: To request additional information
about this ICR, contact Madonna L. Baucum, Service Information
Collection Clearance Officer, by email at [email protected], or by
telephone at (703) 358-2503. 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: In accordance with the Paperwork Reduction
Act of 1995 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 again soliciting comments from the public and other
Federal agencies on the proposed ICR that is described below. We are
especially interested in public comment 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 personal identifying information in your comment, you
should be aware that your that your entire comment--including your
personal identifying information--may be 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.
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)) 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
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 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. Acknowledging regional
differences in hunting conditions, the Service has administratively
divided the Nation 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 and Province in that
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,
Provincial, and Tribal governments, as well as private conservation
entities and the general public.
The information identified below, solicited annually from State
(including U.S. territory) governments, is necessary to establish
annual migratory bird hunting seasons. The required information,
received at various times in the year prior to the actual hunting
season as part of the rulemaking process described above, is used by
the Service as part of the final rulemaking process necessary to open
annual hunting seasons otherwise closed by law.
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
[[Page 80746]]
in a non-form format, usually via letter or spreadsheet, in response to
solicitations for the information sent to the State governments each
year via an emailed letter and as part of the first final rule (for the
frameworks).
2. 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. (NOTE: We annotated changes, if any,
to the reporting requirements since OMB's last approval.)
a. Reports from Experimental Hunting Seasons and Season Structure
Changes (Required):
i. Atlantic Flyway Council:
Delaware--Experimental tundra swan season (Yearly updates and
Final report) (Removed--Completed)
Connecticut, Maryland, North Carolina, and Virginia--
Evaluation of the two zone and three segment duck season zone-split
configuration including impacts on hunter dynamics (e.g., hunter
numbers, satisfaction) and harvest during the 2021-25 seasons (Final
report for each State). (New)
ii. Mississippi Flyway Council:
Alabama--Experimental sandhill crane season (Yearly updates
and Final report) (Removed--Completed)
Minnesota--Experimental early teal season (Yearly updates and
Final report)
Louisiana--Evaluation of the two zone and three segment duck
season zone-split configuration including impacts on hunter dynamics
(e.g., hunter numbers, satisfaction) and harvest during the 2021-25
seasons (Final report). (New)
iii. Central Flyway Council:
New Mexico--Sandhill crane season in Estancia Valley (Yearly
updates and Final report) Now operational--Annual data are still
required, but there is not a final report, since this monitoring will
occur in perpetuity (or as long as the State has that hunt area).
(Removed--Experimental completed; Moved to State-specific below)
South Dakota and Nebraska--Experimental two-tier hunting
regulations study per the terms of the study plan and Memorandum of
Agreement among these States and the Service (Yearly updates and Final
report)
Wyoming--Split (3-way) season for Canada geese (Final report
only) (Removed--Completed)
iv. Pacific Flyway Council:
California--Split (3-way) season for white-fronted geese
(Final report only) (Removed--Completed)
Idaho--Experimental swan season (Yearly updates and Final
report) (Removed--Completed)
v. 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 (Yearly). (Revised--Relocated from
Central Flyway Council experimental reports above)
Delaware, North Carolina, and Virginia--Tundra swan season
hunter participation and harvest (Yearly). (Revised--To add Delaware)
Montana (Central Flyway portion), North Dakota, and South
Dakota--Tundra swan season hunter participation and harvest (Yearly).
(Revised--Relocated Montana and South Dakota to separate bullet below)
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 (Yearly).
(Revised)
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 (Yearly).
(Revised--To add Idaho and Montana)
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 of one species can be of 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 requires close monitoring. 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.
Proposed Revisions
1. (REVISION) Submissions of Tribal Proposals--Under the
regulations in the Service's September 1, 2023, final rule (88 FR
60375), we have 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 will
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 September 1, 2023, final rule adopted
elements of our guidelines in use since 1985 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 will be authorized to independently
establish special Tribal migratory bird hunting regulations. However,
if circumstances change and data indicates migratory game bird
populations are substantially declining or Tribal hunting increases
significantly, we will reevaluate the regulations at 50 CFR 20.110.
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. The September 1, 2023, final rule
extended to Tribes with reserved hunting rights the same autonomy as
the States to independently establish migratory game bird hunting
seasons for nontribal members within annually established, biologically
appropriate Federal outside limits. 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. We coordinated with Tribes
over the past 2 years via letters and four webinars as we developed
this new regulatory approach for Tribal self- management of the
harvest, and we have received positive feedback. The new system will
reduce the annual administrative burden on both the Tribes and the
Service to propose, review, and publish special migratory game bird
hunting regulations
[[Page 80747]]
while continuing to sustain healthy migratory game bird populations for
future generations.
2. (NEW) Requests for Consultation (Tribes/States)--The new
regulations in the final rule under RIN 1018-BF64 (88 FR 60375,
September 1, 2023) also may be applied to the establishment of
migratory game bird hunting regulations for nontribal 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
nontribal 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. When
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.
3. (NEW) Requests for Experimental Seasons (Tribes)--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 50 CFR
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.
If any individual Tribe wishes to make these additional
experimental hunting methods operational and the Service agrees, the
Service will conduct rulemaking (using any data from the experimental
hunting season) to amend 50 CFR part 20 to allow Tribal members to use
these additional hunting methods.
Starting with the 2023-2024 hunting season, annual Tribal hunting
season regulations will no longer be published in the Federal Register,
alleviating the administrative burden to both the Service and the
Tribes of developing special Tribal migratory bird hunting regulation
proposals, reviewing proposals, and publishing Tribal regulations as
Federal regulations. This process would not apply to seasons for
subsistence take of migratory birds in Alaska.
Title of Collection: Establishment of Annual Migratory Bird Hunting
Seasons, 50 CFR part 20.
OMB Control Number: 1018-0171.
Form Numbers: None.
Type of Review: Revision of a currently approved collection.
Respondents/Affected Public: State and Tribal governments.
Total Estimated Number of Annual Respondents: 52 (from State
governments and Territories).
Total Estimated Number of Annual Responses: 78 (from 52 State and
U.S. Territories, as well as 26 additional reports).
Estimated Completion Time per Response: Varies from 4 hours to 650
hours, depending on activity.
Total Estimated Number of Annual Burden Hours: 11,423.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: Annually.
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.).
Madonna Baucum,
Information Collection Clearance Officer, U.S. Fish and Wildlife
Service.
[FR Doc. 2023-25558 Filed 11-17-23; 8:45 am]
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