[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):
    <bullet> Internet (preferred): https://www.regulations.gov. Follow 
the instructions for submitting comments on Docket No. FWS-HQ-MB-2023-
0211.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#eca5828a83b3af838080ac8a9b9fc28b839a"><span class="__cf_email__" data-cfemail="a2ebccc4cdfde1cdcecee2c4d5d18cc5cdd4">[email protected]</span></a>, 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:

<bullet> Delaware--Experimental tundra swan season (Yearly updates and 
Final report) (Removed--Completed)
<bullet> 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:

<bullet> Alabama--Experimental sandhill crane season (Yearly updates 
and Final report) (Removed--Completed)
<bullet> Minnesota--Experimental early teal season (Yearly updates and 
Final report)
<bullet> 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:

<bullet> 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)
<bullet> 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)
<bullet> Wyoming--Split (3-way) season for Canada geese (Final report 
only) (Removed--Completed)

    iv. Pacific Flyway Council:

<bullet> California--Split (3-way) season for white-fronted geese 
(Final report only) (Removed--Completed)
<bullet> Idaho--Experimental swan season (Yearly updates and Final 
report) (Removed--Completed)

    v. Additional State-specific Annual Reports:

<bullet> Arizona--Sandhill crane season harvest and subspecies 
composition (3-year intervals).
<bullet> New Mexico--Sandhill crane season harvest and subspecies 
composition in Estancia Valley (Yearly). (Revised--Relocated from 
Central Flyway Council experimental reports above)
<bullet> Delaware, North Carolina, and Virginia--Tundra swan season 
hunter participation and harvest (Yearly). (Revised--To add Delaware)
<bullet> 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)
<bullet> 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)
<bullet> 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]
BILLING CODE 4333-15-P


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