Migratory Bird Hunting Regulations

Background

Conventions—Migratory game birds are species designated in the conventions between the United States and foreign nations (Canada in 1916, Mexico in 1936, Japan in 1972, and Russia in 1976) for the protection and management of migratory birds. The conventions restrict migratory game bird hunting to the fall-winter period (1 September–10 March) and not more than 3.5 months (interpreted as 107 days) for any species.

Act—The Migratory Bird Treaty Act of 1918 (MBTA; 16 U.S.C. 703–712) implements the four international conservation treaties for migratory bird conservation. The MBTA authorizes and directs the Secretary of the Interior to determine when and to what extent hunting of migratory game birds can take place compatible with the terms of the conventions, and to adopt regulations for this purpose (16 U.S.C. 704(a)). The Secretary is authorized and directed to give “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)). This responsibility has been delegated to the U.S. Fish and Wildlife Service (FWS) as the lead Federal agency for managing and conserving migratory birds in the United States.

Regulations—The FWS established regulations governing migratory game bird hunting, and conducts annual monitoring and assessments to determine the appropriate Federal limits for seasonal hunting and communicates these limits in a memorandum. The FWS authorizes States and Tribes to establish hunting seasons within these regulations and seasonal limits.  Migratory game bird hunting regulations provide opportunities for recreation and sustenance; aid Federal, State, and Tribal governments in the management of migratory game birds; and allow harvests at levels compatible with migratory game bird population status and habitat conditions.

Regulations and Memorandum

Migratory game bird hunting is federally regulated by a complimentary set of regulations and a supporting memorandum with the seasonal limits.

The FWS established regulations governing migratory game bird hunting at title 50 part 20 of the Code of Federal Regulations (50 CFR 20). These regulations include hunting methods, possession, and other regulations that generally do not change from year to year.

Additionally, the FWS publishes the Migratory Game Bird Hunting (MGBH) Memorandum to establish the authorization conditions (Federal limits) from which States and Tribes may establish their seasonal migratory game bird hunting regulations. The MGBH Memorandum includes season dates, season lengths, shooting hours, daily bag and possession limits, areas where hunting may occur, and other restrictions based on biological data. States and Tribes establish regulations for migratory game bird hunting seasons through their own development processes that are within the Federal authorization conditions set forth in the MGBH Memorandum and in accordance with Federal regulations.  

The authorization conditions are determined based on annual monitoring, data assessment, and decision making.  The Federal limits ensure that harvest occurs at levels compatible with migratory game bird population demographics, including production and survival, which may vary annually with habitat conditions.

The FWS publishes, on or before February 28, the MGBH Memorandum on the FWS website and a notice in the Federal Register announcing its availability and the opportunity for public comment.

Flyways and Cooperative Management

Migratory game birds use four primary migratory routes in North America. Because of the unique biological characteristics and the relative number of hunters in these routes, the FWS adopted the flyway structure for administering migratory bird resources within the United States, referred to as the flyways (Atlantic, Mississippi, Central, and Pacific). Administrative flyways include all States and Territories (Puerto Rico and the U.S. Virgin Islands) in the United States.

Each administrative flyway has a Flyway Council, a formal organization established through the Association of Fish and Wildlife Agencies. Flyway Councils are administrative bodies that forge cooperation among public wildlife agencies for the purpose of protecting and conserving migratory birds that inhabit North America. Flyway Councils are composed of one member from each State within the Flyway (and may include States in Mexico and Provinces in Canada that share migratory bird populations). The Flyway Councils coordinate and collect information on the status of migratory game birds, establish regulatory decision frameworks, review available biological information, and make recommendations for appropriate parameters for migratory game bird hunting regulations.

Process for Establishing the Federal Limits

Several FWS 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. The FWS considers abundance of migratory game birds and other biological factors; and therefore, undertake several 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 Federal limits for seasonal hunting of certain game bird species and populations, consideration is given to population size and trend, geographical distribution, reproductive capacity, condition of breeding and wintering habitat, number of hunters, and anticipated harvest.

The FWS Migratory Bird Regulations Committee (SRC) and Flyway Councils recommend to the FWS appropriate Federal limits for State and Tribal migratory game bird hunting. The SRC conducts meetings, generally in the spring and fall, to review and discuss information on the status of migratory game birds and recommendations from the four Flyway Councils and the FWS. The SRC then develops recommendations for Federal limits for seasonal State and Tribal migratory game bird hunting. In accordance with current regulations at 50 CFR 20.153, these meetings are open to public observation, and observers may submit written comments to the FWS on the matters to be discussed. The SRC then submits recommendations to the FWS for review. If approved, they are published in the Federal Register  for public comment.

Decision Frameworks

To determine the authorization conditions, we apply the most current information on game bird demographics and habitat conditions to the decision frameworks previously adopted through rulemaking or notice published in the Federal Register. Decision frameworks are the structured set of procedures, rules, models, and information criteria that govern the selection of appropriate seasonal limits from a set of alternatives based on the status of migratory game bird populations and habitat conditions. Our decision frameworks account for goals and objectives, are developed in cooperation with State and Tribal governments, foster healthy and productive populations of game birds, and provide appropriate opportunities for the public to hunt those species. Our decision frameworks are listed in a table and available at a link below. The outcome of applying current biological data to the decision frameworks is the basis for the MGBH Memorandum, and these results are reviewed by the FWS and Flyway Councils and discussed at SRC meetings before publication in the Federal Register for public comment.

Population Status and Harvest

We periodically publish reports that provide detailed information on the status and harvest of certain migratory game bird species. These reports contain descriptions of species population segments referenced in status assessments. These reports are available on our website at:

• Annual Migratory Bird Population Status Reports
• Migratory Bird Hunting Activity and Harvest Reports, and
• Adaptive Harvest Management

We use the most recently published reports in the development of the MGBH Memorandum:

• Adaptive Harvest Management,
• American Woodcock Population Status,
• Band-tailed Pigeon Population Status,
• Migratory Bird Hunting Activity and Harvest,
• Mourning Dove Population Status,
• Status and Harvests of Sandhill Cranes, Mid-continent, Rocky Mountain, Lower Colorado River Valley and Eastern Populations, and
• Waterfowl Population Status.

Regulatory Annual Documents

Notice of Availability of the MGBH Memorandum
Most recent Federal Register notice of the availability of the MGBH Memorandum.

MGBH Memorandum—Authorization Conditions
Most recent Migratory Game Bird Hunting Memorandum. The Migratory Game Bird Hunting Memorandum is the policy memorandum that sets forth and communicates the authorization conditions within which States and Tribes may establish regulations for the seasonal hunting of migratory game birds in accordance with Federal regulations.

MGBH Memorandum —Seasons for Certain States
This memorandum provides the seasons, hours, areas, and daily bag and possession limits for hunting migratory birds in certain States. Taking of migratory birds in these States is prohibited unless specifically provided for in this memorandum and other applicable State and Federal regulations. See State regulations for hunting seasons in States not provided in this memorandum.

Regulatory Background Documents

List of Decision Frameworks
The list of decision frameworks used to determine the authorization conditions (Federal limits) for the seasonal hunting of migratory game birds. We apply biological data (e.g., game bird abundance, habitat conditions, hunter activity, and harvest information) to decision frameworks to inform appropriate selections of alternatives for the authorization conditions for migratory game bird hunting. We adopt the outcome of the decision frameworks as the authorization conditions for migratory game bird hunting.

Process for Authorizing Seasonal Migratory Game Bird Hunting Final Rule
The U.S. Fish and Wildlife Service established a new administrative process for authorizing seasonal migratory game bird hunting in the United States. Migratory game bird hunting regulations are currently promulgated annually to provide opportunities for recreation and sustenance; aid Federal, State, and Tribal governments in the management of migratory game birds; and allow harvests at levels compatible with migratory game bird population status and habitat conditions. The Service issues a memorandum for migratory game bird hunting at least once every 3 years. The process eliminates the need for subsequent annual Federal regulation promulgation and rulemaking and is expected to increase efficiency; better meet State, Tribal, and Federal rulemaking constraints; and reduce the complexity and costs.

Issuance of Annual Regulations Permitting the Hunting of Migratory Birds: Final Supplemental Environmental Impact Statement
The Final Supplemental Environmental Impact Statement 2013 (FSEIS 2013) has been developed to ensure that the proposed management action continues to be in compliance with the National Environmental Policy Act (NEPA). Furthermore, this process will ensure that the proposed action does not adversely affect populations of species covered under the Migratory Bird Treaty Act (MBTA) or listed species and their critical habitats under the Endangered Species Act (ESA).