[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:
    <bullet> Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments on Docket No. FWS-HQ-
MB-2023-0113.
    <bullet> 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; 
<a href="/cdn-cgi/l/email-protection#fc96998e939199a39a938e98bc9a8b8fd29b938a"><span class="__cf_email__" data-cfemail="49232c3b26242c162f263b2d092f3e3a672e263f">[email protected]</span></a>. 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:
    <bullet> 1018-0019, ``North American Woodcock Singing Ground 
Survey'' (expires 02/29/2024).
    <bullet> 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.
    <bullet> 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


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