79–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–969 

MIGRATORY BIRD FRAMEWORK AND HUNTING 

OPPORTUNITIES FOR VETERANS ACT 

SEPTEMBER 25, 2018.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. BISHOP of Utah, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 6013] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 6013) to amend the Migratory Bird Treaty Act to establish January 31 of each year as the Federal closing date for duck 

hunting season and to establish special duck hunting days for 

youths, veterans, and active military personnel, and for other purposes, having considered the same, report favorably thereon with 

amendments and recommend that the bill as amended do pass. 

The amendments are as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Migratory Bird Framework and Hunting Opportunities for Veterans Act’’. 

SEC. 2. FEDERAL CLOSING DATE FOR HUNTING OF DUCKS, MERGANSERS, AND COOTS. 

Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is amended by adding 

at the end the following: 

‘‘(c) FEDERAL FRAMEWORK CLOSING DATE FOR HUNTING OF DUCKS, MERGANSERS, 

AND COOTS.— 

‘‘(1) IN GENERAL.—In promulgating regulations under subsection (a) relating 

to the Federal framework for outside dates within which the States may select 

seasons for migratory bird hunting, except as provided in paragraph (2), the 

Secretary shall, with respect to the hunting season for ducks, mergansers, and 

coots— 


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1 16 U.S.C. 704. 

2 50 C.F.R. 20. 

3 50 C.F.R. 20.22. 

‘‘(A) adopt the recommendation of each respective flyway council (as defined in section 20.152 of title 50, Code of Federal Regulations) for the Federal framework, but the framework closing date shall be January 31 of each 

year; and 

‘‘(B) allow the States to establish the closing date for the hunting season 

in accordance with the Federal framework. 

‘‘(2) SPECIAL DUCK HUNTING DAYS FOR YOUTHS, VETERANS, AND ACTIVE MILI- TARY PERSONNEL.— ‘‘(A) IN GENERAL.—Notwithstanding the closing date under paragraph (1) 

and subject to subparagraphs (B) and (C), the Secretary shall allow States 

to select 2 days for youths and 2 days for veterans (as defined in section 

101 of title 38, United States Code), and members of the Armed Forces on 

active duty, including members of the National Guard and Reserves on active duty (other than for training), to hunt ducks, mergansers, and coots. 

Such days shall be treated as an addition to the regular hunting season 

lengths selected by the States. 

‘‘(B) REQUIREMENTS.—In selecting days under subparagraph (A), a State 

shall ensure that— 

‘‘(i) the days selected— 

‘‘(I) do not fall within the regular hunting season for ducks, mergansers, and coots; 

‘‘(II) with regard to youth days, are on a weekend, holiday or 

other day in which schools are not in session; and 

‘‘(III) are not more than 14 days before or after the hunting season for duck, mergansers, and coots; and 

‘‘(ii) the total number of days in a hunting season for ducks, mergansers and coots, including any days selected under subparagraph (A), is 

not more than 107 days. 

‘‘(C) LIMITATION.—A State may combine the 2 days allowed for youths 

with the 2 days allowed for veterans and members of the Armed Forces on 

active duty under subparagraph (A), but in no circumstance may a State 

have more than a total of 4 additional days added to its regular hunting 

season for any purpose. 

‘‘(3) REGULATIONS.—The Secretary shall promulgate regulations in accordance 

with this subsection for the Federal framework for migratory bird hunting for 

the 2019–2020 hunting season and each hunting season thereafter.’’. 

Amend the title so as to read: 

A bill to amend the Migratory Bird Treaty Act to establish January 31 of each year as the Federal framework closing date for the 

duck hunting season and to establish special duck hunting days for 

youths, veterans, and active military personnel, and for other purposes. 

PURPOSE OF THE BILL

The purpose of H.R. 6013, as ordered reported, is to amend the 

Migratory Bird Treaty Act to establish January 31 of each year as 

the federal framework closing date for the duck hunting season and 

to establish special duck hunting days for youths, veterans, and active military personnel. 

BACKGROUND AND NEED FOR LEGISLATION

The Secretary of the Interior is authorized to determine when 

duck hunting can take place in the United States under the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.).1 That responsibility 

has been delegated to the U.S. Fish and Wildlife Service 

(USFWS).2 Each year, USFWS issues proposed regulations establishing outside dates, season lengths, and bag limits.3 Following 

that announcement, the four North American Flyway Councils (AtVerDate Sep 11 2014 05:20 Sep 28, 2018 Jkt 079006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR969.XXX HR969

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4The U.S. Fish and Wildlife Service and its partners manage migratory birds based largely 

on routes the birds follow as they migrate between nesting and wintering areas. 5Flyways, Greater Sage-Grouse | Species Information (2018), https://www.fws.gov/birds/ 

management/flyways.php. 6https://www.federalregister.gov/documents/2018/02/02/2018-02112/migratory-bird-huntingproposed-frameworks-for-migratory-bird-hunting-regulations. 7 Id. 

lantic, Central, Mississippi and Pacific), which are comprised of 

representatives from each State within the flyway of migratory 

birds,4 submit comments and recommendations.5

Once the federal regulations are final, States set their own regulations within the overall framework set by USFWS. For example, 

in recent years federal regulations have provided that State wildlife agencies in all four flyways can allow the hunting of ducks ‘‘between the Saturday nearest September 24 and the last Sunday in 

January.’’ 6 Federal regulations also set a maximum number of 

days that States can allow duck hunting within this timeframe.7

This bill establishes January 31 as the closing date for duck 

hunting instead of ‘‘the last Sunday in January’’ to provide greater 

certainty to States. This bill will not increase the number of days 

or bag limit—rather, it will provide a specific end date for States 

to work with when determining their individual hunting seasons. 

This will alleviate the confusion experienced when the last Sunday 

in January might fall on the 25th in some years and the 31st in 

other years. 

The bill also provides for additional duck hunting days for 

youths, veterans and active military personnel within the overall 

federal framework. 

COMMITTEE ACTION

H.R. 6013 was introduced on June 6, 2018, by Congressman Rob 

Bishop (R–UT). The bill was referred to the Committee on Natural 

Resources, and within the Committee to the Subcommittee on Federal Lands. On July 17, 2018, the Subcommittee held a hearing on 

the bill. On September 5, 2018, the Natural Resources Committee 

met to consider the bill. The Subcommittee was discharged by 

unanimous consent. Congressman Rob Bishop offered an amendment designated #1; it was adopted by voice vote. Congressman 

Garret Graves (R–LA) offered and withdrew an amendment designated #2. No additional amendments were offered, and the bill, 

as amended, was ordered favorably reported to the House of Representatives by voice vote. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET

ACT

1. Cost of Legislation and the Congressional Budget Act. With respect to the requirements of clause 3(c)(2) and (3) of rule XIII of 

the Rules of the House of Representatives and sections 308(a) and 

402 of the Congressional Budget Act of 1974, the Committee has 


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received the following estimate for the bill from the Director of the 

Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, September 20, 2018. 

Hon. ROB BISHOP, 

Chairman, Committee on Natural Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 6013, the Migratory Bird 

Framework and Hunting Opportunities for Veterans Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Janani Shankaran. 

Sincerely, 

KEITH HALL, 

Director. 

Enclosure. 

H.R. 6013—Migratory Bird Framework and Hunting Opportunities 

for Veterans Act 

H.R. 6013 would amend the Migratory Bird Treaty Act to establish January 31 of each year as the federal closing date for duck 

hunting season. The bill also would direct the U.S. Fish and Wildlife Service (USFWS), which issues annual duck hunting regulations, to allow states to establish special hunting days outside of 

the regular season for youth, veterans, and members of the armed 

forces. 

Using information from the USFWS, CBO estimates that implementing the bill would have no significant effect on spending subject to appropriation. 

Enacting H.R. 6013 could affect direct spending and revenues; 

therefore, pay-as-you-go procedures apply. CBO expects that adding hunting days could increase the sales of federal duck stamps; 

those collections are recorded in the budget as revenues, deposited 

in the Migratory Bird Conservation Fund, and later spent without 

further appropriation action. CBO estimates that any additional 

revenues would not be significant in any year and would be offset 

by subsequent direct spending; thus, the net effect on the deficit 

would be negligible. 

CBO estimates that enacting H.R. 6013 would not significantly 

increase net direct spending and would not increase on-budget deficits in any of the four consecutive 10-year periods beginning in 

2029. 

H.R. 6013 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

The CBO staff contacts for this estimate are Janani Shankaran 

(for spending) and Nathaniel Frentz (for revenues). The estimate 

was reviewed by H. Samuel Papenfuss, Deputy Assistant Director 

for Budget Analysis. 

2. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill, as ordered reported, is to amend the Migratory Bird 

Treaty Act to establish January 31 of each year as the federal 

framework closing date for the duck hunting season and to estabVerDate Sep 11 2014 05:20 Sep 28, 2018 Jkt 079006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR969.XXX HR969

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lish special duck hunting days for youths, veterans, and active military personnel. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5 

Directed Rule Making. This bill contains one directed rulemaking 

in Section 2, which requires the Secretary of the Interior to promulgate regulations for the federal framework for migratory bird 

hunting for the 2019–2010 season and every season thereafter in 

accordance with this bill. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 

MIGRATORY BIRD TREATY ACT 

* * * * * * * 

SEC. 3. (a) That subject to the provisions and in order to carry 

out the purposes of the conventions, the Secretary of Agriculture is 

authorized and directed, from time to time, having 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, to determine when, to what extent, if at all, 

and by what means, it is compatible with the terms of the conventions to allow hunting, taking, capture, killing, possession, sale, 

purchase, shipment, transportation, carriage, or export of any such 

bird, or any part, nest, or egg thereof, and to adopt suitable regulations permitting and governing the same, in accordance with such 

determinations, which regulations shall become effective when approved by the President. 


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(b) It shall be unlawful for any person to— 

(1) take any migratory game bird by the aid of baiting, or on 

or over any baited area, if the person knows or reasonably 

should know that the area is a baited area; or 

(2) place or direct the placement of bait on or adjacent to an 

area for the purpose of causing, inducing, or allowing any person to take or attempt to take any migratory game bird by the 

aid of baiting on or over the baited area. 

(c) FEDERAL FRAMEWORK CLOSING DATE FOR HUNTING OF DUCKS, 

MERGANSERS, AND COOTS.— 

(1) IN GENERAL.—In promulgating regulations under subsection (a) relating to the Federal framework for outside dates 

within which the States may select seasons for migratory bird 

hunting, except as provided in paragraph (2), the Secretary 

shall, with respect to the hunting season for ducks, mergansers, 

and coots— 

(A) adopt the recommendation of each respective flyway 

council (as defined in section 20.152 of title 50, Code of 

Federal Regulations) for the Federal framework, but the 

framework closing date shall be January 31 of each year; 

and 

(B) allow the States to establish the closing date for the 

hunting season in accordance with the Federal framework. 

(2) SPECIAL DUCK HUNTING DAYS FOR YOUTHS, VETERANS, AND

ACTIVE MILITARY PERSONNEL.— 

(A) IN GENERAL.—Notwithstanding the closing date 

under paragraph (1) and subject to subparagraphs (B) and 

(C), the Secretary shall allow States to select 2 days for 

youths and 2 days for veterans (as defined in section 101 

of title 38, United States Code), and members of the Armed 

Forces on active duty, including members of the National 

Guard and Reserves on active duty (other than for training), to hunt ducks, mergansers, and coots. Such days shall 

be treated as an addition to the regular hunting season 

lengths selected by the States. 

(B) REQUIREMENTS.—In selecting days under subparagraph (A), a State shall ensure that— 

(i) the days selected— 

(I) do not fall within the regular hunting season 

for ducks, mergansers, and coots; 

(II) with regard to youth days, are on a weekend, 

holiday or other day in which schools are not in 

session; and 

(III) are not more than 14 days before or after 

the hunting season for duck, mergansers, and 

coots; and 

(ii) the total number of days in a hunting season for 

ducks, mergansers and coots, including any days selected under subparagraph (A), is not more than 107 

days. 

(C) LIMITATION.—A State may combine the 2 days allowed for youths with the 2 days allowed for veterans and 

members of the Armed Forces on active duty under subparagraph (A), but in no circumstance may a State have 


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more than a total of 4 additional days added to its regular 

hunting season for any purpose. 

(3) REGULATIONS.—The Secretary shall promulgate regulations in accordance with this subsection for the Federal framework for migratory bird hunting for the 2019–2020 hunting season and each hunting season thereafter. 

* * * * * * * 


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(8) 

ADDITIONAL VIEWS 

Currently, the Migratory Bird Treaty Act gives the Secretary of 

the Interior the authority to determine when hunting of migratory 

game birds can take place in the United States, based on recommendations that have been adopted by the respective Flyway 

Councils. This bill would take away the authority of the Secretary 

of Interior to issue the final approval. While the Flyway Councils 

play a critical role in developing the regulations, establishing the 

framework for migratory bird management should remain a federal 

responsibility conducted in consultation with the Flyway Councils. 

In addition, season lengths and bag limits should be established 

by science and not Congressional mandates to ensure the long-term 

survival of the species for the ecosystem and future hunting opportunities. 

The Majority has made improvements to H.R. 6013. We intend 

to work with our colleagues in the Senate to address these remaining concerns. 

RAU ́ L M. GRIJALVA, 

Ranking Member, Committee 

on Natural Resources. 

Æ 


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