[Federal Register Volume 89, Number 27 (Thursday, February 8, 2024)]
[Proposed Rules]
[Pages 8631-8639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02517]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS-HQ-MB-2023-0113; FF09M32000-234-FXMB1231099BPP0]
RIN 1018-BG63
Migratory Bird Hunting; Proposed 2024-25 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 hunting regulations for certain migratory game birds for the
2024-25 hunting season. Through an annual rulemaking process, we
prescribe outside limits (which we refer to as frameworks) within which
States may select hunting seasons. This proposed rule provides the
regulatory schedule, describes the proposed regulatory alternatives for
the 2024-25 general duck seasons, and provides preliminary proposals
that vary from the 2023-24 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 2024-25 season
until March 11, 2024.
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-2023-0113.
U.S. mail: Public Comments Processing, Attn: FWS-HQ-MB-
2023-0113; 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;
[email protected]. For a summary of the rule, please see the ``rule
summary document'' in docket FWS-HQ-MB-2023-0113 on https://www.regulations.gov.
SUPPLEMENTARY INFORMATION:
Process for Establishing Annual Migratory Game Bird Hunting Regulations
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. After the
frameworks are established, States may select migratory game bird
hunting seasons within the frameworks. States may always be more
conservative in their selections than the frameworks, but never more
liberal. The annual process of developing migratory game bird hunting
regulations concludes when we establish the State season selections as
Federal regulations under title 50 of the Code of Federal Regulations,
part 20, subpart K.
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 at 50 CFR part 20, is constrained by three primary
factors.
[[Page 8632]]
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 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
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.
Service Migratory Bird Regulations Committee Meetings
The Service Migratory Bird Regulations Committee (SRC) conducted an
open meeting on May 31, 2023, to discuss preliminary issues for the
2024-25 regulations and will conduct another meeting in fall 2023 to
review information on the current status of migratory game birds and
develop recommendations for the 2024-25 hunting regulations for these
species. In accordance with 50 CFR 20.153, these meetings are open to
public observation, and observers may submit written comments to the
Service on the matters discussed. These meetings are announced in the
Federal Register or online on the Service's Migratory Bird Program
website at least 2 weeks before the meeting date.
Rulemaking Process for the 2024-25 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 2024-
25 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 50 CFR part 20, subpart K. For the 2024-25 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 2024-25 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.
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 88 FR
6054, January 30, 2023, for the latest definitions and descriptions).
Major steps in the 2024-25 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 and proposed season
frameworks in winter 2023 and final season frameworks in spring 2024.
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 at the time of publication. Because this and other
documents will omit those items not requiring attention, the remaining
numbered items may be discontinuous and the list may appear incomplete.
Tribal Regulations
As part of our effort to improve the annual rulemaking process, we
developed 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. On September 1, 2023,
we published a final rule for Migratory Game Bird Hunting Regulations
on Certain Federal Indian Reservations and Ceded Lands (88 FR 60375).
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 2024-25 general duck hunting seasons, other
recommended changes or specific preliminary proposals that vary from
the 2023-24 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
[[Page 8633]]
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 2024-25 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 2024-25 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 2023-
24,'' with its corresponding January 2023 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 2024-25 migratory game bird hunting
regulations, we will comply with provisions of the Endangered Species
Act of 1973, as amended (ESA; 16 U.S.C. 1531-1543), 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 ESA
may cause us to change proposals in future supplemental proposed
rulemaking documents.
Regulatory Planning and Review--Executive Orders 12866, 13563, and
14094
Executive Order 14094 reaffirms the principles of E.O. 12866 and
E.O. 13563. Regulatory analysis should facilitate agency efforts to
develop regulations that serve the public interest, advance statutory
objectives, and are consistent with E.O. 12866, E.O. 13563, and the
Presidential Memorandum of January 20, 2021 (Modernizing Regulatory
Review). Regulatory analysis, as practicable and appropriate, shall
recognize distributive impacts and equity, to the extent permitted by
law. We have developed this proposed rule in a manner consistent with
these requirements.
E.O. 12866, as reaffirmed by E.O. 13563 and amended by E.O. 14094,
provides that the Office of Information and Regulatory Affairs (OIRA)
in the Office of Management and Budget (OMB) will review all
significant rules. This action is a ``significant regulatory action,''
as defined under section 3(f)(1) of E.O. 12866 (58 FR 51735, October 4,
1993), as amended by E.O. 14094 (88 FR 21879, April 11, 2023).
An economic analysis was prepared for the 2024-25 migratory bird
hunting season. This analysis was based on data from the 2011 and the
2016 National Survey of Fishing, Hunting, and Wildlife-Associated
Recreation (National Survey), the most recent years for which data are
available. See discussion under Required Determinations, Regulatory
Flexibility Act, below. This analysis estimated consumer surplus for
four alternatives for duck hunting regulations. As defined by OMB 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) not opening a hunting season, (2)
issuing restrictive regulations that allow fewer days than the 2023-24
season, (3) issuing moderate regulations that allow more days than in
Alternative 2 but fewer days than the 2023-24 season, and (4) issuing
liberal regulations that allow days similar to the 2023-24 season. The
estimated consumer surplus associated with liberal regulations issued
for the 2023-24 season across all flyways was $356 million. We also
chose Alternative 4 (liberal regulations) for the 2009-10 through 2022-
23 seasons. The 2024-25 analysis is part of the record for this
rulemaking action and is available at https://www.regulations.gov at
Docket No. FWS-HQ-MB-2023-0113.
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, which is generally conducted at 5-year intervals. The
2024-25 migratory bird hunting season analysis is based on the 2011 and
2016 National Surveys and the U.S. Department of Commerce's County
Business Patterns, from which it is estimated that migratory bird
hunters would spend approximately $2.5 billion (2022$) at small
businesses during the 2024-25 migratory bird hunting season. Copies of
the analysis are available upon request from the person listed above
under FOR FURTHER INFORMATION CONTACT or from https://
[[Page 8634]]
www.regulations.gov at Docket No. FWS-HQ-MB-2023-0113.
Congressional Review 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
proposed rule would establish a regulatory program for activity related
to hunting and because hunting seasons are time sensitive, we plan to
establish the effective dates of the final rules using the exemption in
the CRA at 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 05/31/2026). 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 http://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 1 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 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 MBTA, does not have significant takings implications and does not
affect any constitutionally protected property rights. This proposed
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 proposed 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 Tribes.
Through this process to establish annual hunting regulations, we
regularly coordinate with Tribes that are affected by this rulemaking
action. This proposed rule is general in nature and does not directly
affect any specific Tribal lands, treaty rights, or Tribal trust
resources. In addition, this proposed rule would not interfere with the
ability of Tribes to manage themselves or their funds or to regulate
migratory bird activities on Tribal lands. Therefore, we preliminarily
conclude that this proposed rule does not have ``Tribal implications''
under section 1(a) of E.O. 13175. Thus, formal government-to-government
consultation is not required by E.O. 13175 and related policies of the
Department of the Interior. We will continue to collaborate with Tribes
on concerns related to migratory bird hunting regulations.
We routinely provide Federal Register publications and biological
status reports pertaining to migratory bird management and regulations
online for all Tribes, State Directors, and other interested parties.
Upon being notified of any concern regarding proposed and final
regulations, we have initiated consultation, and we will continue to
consult with Tribes when necessary.
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 MBTA. 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
[[Page 8635]]
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.
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 2024-25
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 2024-25 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 (A, B, and D) 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 2024-25 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 2024-25 general duck seasons.
For the 2024-25 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 (beginning with the 1997-98 general duck hunting
season; 62 FR 31298, June 6, 1997). Beginning with the 2002-03 season,
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 (67 FR 47224, July 17, 2002). These extended dates were made
available with no associated penalty in season length or bag limits.
Beginning with the 2019-20 season, 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
proposed to extend the framework closing date to January 31 across all
four Flyways for the 2019-20 season (84 FR 16152, April 17, 2019).
The John D. Dingell, Jr. Conservation, Management, and Recreation
Act of 2019 (Pub. L. 116-9, Dingell Act) amended the MBTA to establish
that the closing framework date for duck seasons will be January 31,
unless a flyway chooses an earlier closing date. Thus, as directed by
the Dingell Act, we adjusted the framework closing date under each
regulatory alternative for all four Flyways to January 31 beginning
with the 2019-20 season (84 FR 42996, August 19, 2019). Beginning with
the 2021-22 season, we agreed to move the opening framework date to 1
week earlier in the restrictive regulatory alternative for the
Mississippi and Central Flyways based on their recommendations (85 FR
51854, August 21, 2020).
For the 2024-25 general duck season, we propose to use the same
regulatory alternatives that are in effect for the 2023-24 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 2024-25 season in a proposed rule,
which we plan to publish by winter 2023 (see Schedule of Biological
Information Availability, Regulations Meetings, and Federal Register
Publications for the 2024-25 Hunting Season at the end of this proposed
rule for further information).
D. Special Seasons/Species Management
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 2024-25 duck season of a two-tier regulatory
system as described in the March 19, 2020, proposed rule (85 FR 15870).
This would be the last year of a planned 4-year pilot study. The intent
of the two-tier regulation study is to evaluate whether regulations
that relax the requirement for hunters to identify duck species can
improve waterfowl hunter recruitment and retention.\1\ Declines in
[[Page 8636]]
waterfowl hunter numbers have been of concern to the Service and the
Flyway Councils, prompting the development of recruitment, retention,
and reactivation 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. 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. A
final report for the pilot study will be due to the Service after the
2024-25 hunting season.
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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. 2024-02517 Filed 2-7-24; 8:45 am]
BILLING CODE 4333-15-P