Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Proposed Rules 8631 

The basis for our finding on this 

petition and other information regarding 

our review of the petition can be found 

as an appendix at https://

www.regulations.gov under Docket No. 

FWS–R8–ES–2023–0261 under the 

Supporting Documents section. 

Conclusion 

On the basis of our evaluation of the 

information presented in the petition 

under section 4(b)(3)(A) of the Act, we 

have determined that the petition 

summarized above for the Kings River 

pyrg presents substantial scientific or 

commercial information indicating that 

the petitioned action may be warranted. 

We are, therefore, initiating a status 

review of the species to determine 

whether the action is warranted under 

the Act. At the conclusion of the status 

review, we will issue a finding, in 

accordance with section 4(b)(3)(B) of the 

Act, as to whether the petitioned action 

is not warranted, warranted, or 

warranted but precluded by pending 

proposals to determine whether any 

species is an endangered species or a 

threatened species. 

Authors 

The primary authors of this document 

are staff members of the Pacific 

Southwest Region, Ecological Services 

Program, U.S. Fish and Wildlife Service. 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Martha Williams, 

Director, U.S. Fish and Wildlife Service. 

[FR Doc. 2024–02620 Filed 2–7–24; 8:45 am] 

BILLING CODE 4333–15–P 

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. 

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; jerome_ford@fws.gov. 

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. 


lotter on DSK11XQN23PROD with PROPOSALS1
8632 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Proposed Rules 

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 datagathering 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 wildlifemanagement 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 

§§ 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 regulationsdevelopment 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-MilitaryPersonnel 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 


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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:// 


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8634 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Proposed Rules 

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-togovernment 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 


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1The 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 

Continued 

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 twotier 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 


lotter on DSK11XQN23PROD with PROPOSALS1
8636 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Proposed Rules 

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. 

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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EP08FE24.035</GPH>lotter on DSK11XQN23PROD with PROPOSALS1

PROPOSED REGULA TORY ALTERNATIVES FOR THE 2024-25 GENERAL DU

All.ANTIC FLYWAY MISSISSIPPI FLYWAY CENTRAL FLYWAY (a) PA

RES I MOO I LIB RES I MOD I LIB RES I MOD I LIB RES 

Beginning 1/2 hr. 1/2 hr. 1/2 hr. 1/2 hr. 1/2 hr. 1/2 hr. 1/2 hr. 1/2 hr. 1/2 hr. 1/2 hr. 

Shooting before before before before before before before before before before 

Time sunrise sunrise sunrise sunrise sunrise sunrise sunrise sunrise sunrise sunrise 

Ending 

Shooting Sunset Sunset Sunset Sunset Sunset Sunset Sunset Sunset Sunset Sunset 

Time 

Opening Oct. 1 Sat. nearest Sat. nearest Sat. nearest Sat. nearest Sat. nearest Sat. nearest Sat nearest Sat. nearest Sat. neares

Date Sept. 24 Sept 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Oct.1 

Closing Jan. 31 Jan. 31 Jan. 31 Jan. 31 Jan. 31 Jan. 31 Jan. 31 Jan. 31 Jan. 31 Jan. 31 

Date 

Season 30 45 60 30 45 60 39 60 74 60 

Lenath !in davs\ 

Dailv Baa 3 6 6 3 6 6 3 6 6 4 

Species/Sex Limits within the Overall Daily Bag Limit 

Mallard (Total/Female) (d) (d) (d) 2/1 4/1 4/2 3/1 5/1 5/2 3/1 

(a) In Iha High Plains Mallard Management Unit, all regulations V10uld be the same as the remainder of the Central Flyway, Vlith the exception of season length. Additiona

be allowed under the various alternatives as follows: restrictive - 12, moderate and liberal - 23. Under all alternatives, additional days must be on or after the Saturda

December 10. 

(b) In the Columbia Basin Mallard Management Unit, all regulations V10uld be the same as the remainder of the Pacific Flyway, with the exception of season length. Unde

except the liberal alternative, an additional 7 days V10uld be allowed. 

(c) In Alaska, framework dates, bag limits, and season length V10uld be different from the remainder of the Pacific Flyway. The bag limit (depending on the area) would be 

alternative, and /-1 u under the moderate and liberal alternatives. Under all alternatives, season length would be 1U/ days and tramework dates would be l:>ep. 1-Jan. 

(d) Under the multi-stock AHM protocol for the Atlantic Flyway, the mallard bag lirrit is not prescribed by the regulatory alternative. 

EP08FE24.036</GPH>lotter on DSK11XQN23PROD with PROPOSALS1

SCHEDULE(a) OF BIOLOGICAL INFORMATION AVAILABILITY, REGULATIONS M

FEDERAL REGISTER PUBLICATIONS FOR THE 2024-25 HUNTING SE

SURVEY & ASSESSMENT SCHEDULE MEETING SCHEDULE FEDERA

March-June, 2023 . 

SPRING POPULATION SURVEYS I May2023 SRC Meeting I 

PROPOSED 

WITH 

August 15, 2023 

WATERFOWL STATUS REPORT 

August 20, 2023 

AHM REPORT wOPTIMAL ALTERNATIVES, 

WEBLESS and CRANE STATUS 

INFORMATION, DOVE and WOODCOCK I August- September 2023 REGULATORY ALTERNATIVES, and Flyway Tech And Council Meetings I 

HUNTER ACTIVITY and HARVEST REPORT 

I October-2023 SRC Regulatory Meeting I 

PROPOSE

(30 

December 15, 2023-January 31, 2024 

FALL and WINTER SURVEY 

INFORMATION for CRANES 

and WATERFOWL I March 2024 (at North American Conference) Flvwav Council Mtas I 

FINAL 

ALLHUNT

rseuon Se

I September 1, 2024 and later ALL HUNTING SEASONS I 

(a) All publication dates of Federal Register documents are target dates. 
Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Proposed Rules 8639 

[FR Doc. 2024–02517 Filed 2–7–24; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 240202–0034] 

RIN 0648–BM80 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Atlantic 

Coastal Migratory Pelagic Fishery; 

Atlantic Dolphin and Wahoo Fishery; 

and South Atlantic Snapper-Grouper 

Fishery; Control Date 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Advanced notice of proposed 

rulemaking; request for comments. 

SUMMARY: This advance notice of 

proposed rulemaking seeks comment on 

the benefits or disadvantages of the 

South Atlantic Fishery Management 

Council (Council) potentially setting 

future restrictions, resulting in 

subsequent rulemakings from NMFS, in 

the Atlantic the coastal migratory 

pelagics fishery and the dolphin and 

wahoo fishery, and the snapper-grouper 

fishery in the South Atlantic. The 

Council recently set a control date of 

December 8, 2023. That control date, 

and an existing control date of June 15, 

2016, may both be used to create 

restrictions limiting participation in the 

exclusive economic zone for the Federal 

charter vessel/headboat (for-hire) 

components of the recreational sectors 

of the coastal migratory pelagics fishery 

in the Atlantic, dolphin and wahoo 

fishery in the Atlantic, and snappergrouper fishery in the South Atlantic. 

The Council is considering a future 

action that may affect or limit the 

number of participants in the fishery, 

and stresses that participants should 

locate and preserve all relevant, fishingrelated documents. If such an action is 

developed, approved, and implemented 

through a Council decision and a 

subsequent rulemaking by NMFS, future 

access to the fishery after the control 

date would not be assured. NMFS is 

informing the public of the new control 

date, in part, to promote awareness of 

the potential changes to eligibility 

criteria for future access so as to 

discourage speculative entry into the 

Federal for-hire components of the 

Atlantic coastal migratory pelagics, 

Atlantic dolphin and wahoo, or the 

South Atlantic snapper-grouper 

fisheries, while the Council and NMFS 

consider whether and how access to 

these for-hire components should be 

managed. 

DATES: Written comments must be 

received no later than March 11, 2024. 

ADDRESSES: You may submit comments 

identified by ‘‘NOAA–NMFS–2023– 

0157’’ by either of the following 

methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and type 

‘‘NOAA–NMFS–2023–0157’’ in the 

Search box (note: copying and pasting 

the FDMS Docket Number directly from 

this document may not yield search 

results). Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Nikhil Mehta, NMFS Southeast Regional 

Office, 263 13th Avenue South, St. 

Petersburg, FL 33701. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on https://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter 

‘‘N/A’’ in the required fields if you wish 

to remain anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Nikhil Mehta, telephone: 727–824– 

5305, or email: nikhil.mehta@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

coastal migratory pelagics fishery in the 

Atlantic is managed under the Fishery 

Management Plan (FMP) for Coastal 

Migratory Pelagic Resources (CMP 

FMP). The dolphin and wahoo fishery 

in the Atlantic is managed under the 

FMP for the Dolphin and Wahoo 

Fishery of the Atlantic (Dolphin and 

Wahoo FMP). The snapper-grouper 

fishery in the South Atlantic is managed 

under the FMP for the Snapper-Grouper 

Fishery of the South Atlantic Region 

(Snapper-Grouper FMP). The CMP FMP 

was prepared jointly by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils. The Dolphin and 

Wahoo and Snapper-Grouper FMPs 

were prepared by the Council. Under 

the authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act), NMFS 

approved the FMPs and implements 

them through regulations at 50 CFR part 

622. 

The purpose of a control date is to 

enable the Council to inform current 

and potential participants that it is 

considering whether to create 

restrictions that limit participation in a 

fishery. NMFS previously published a 

control date of June 15, 2016, for the 

coastal migratory pelagics, dolphin and 

wahoo, and snapper-grouper for-hire 

components of the recreational sector on 

September 27, 2016 (81 FR 66244). At 

its December 2023 meeting, the Council 

again discussed access options for these 

fisheries and requested that NMFS 

publish another control date of 

December 8, 2023, for the Federal forhire component of the recreational 

sectors of the Atlantic coastal migratory 

pelagics, Atlantic dolphin and wahoo, 

and South Atlantic snapper-grouper 

fisheries as a possible future eligibility 

criteria for these fisheries. The Federal 

charter vessel/headboat permits for 

these for-hire components are currently 

open access, available to be applied for 

by anyone with a valid vessel 

registration. The new control date of 

December 8, 2023, and the existing 

control date of June 15, 2016, could both 

be considered as possible options for 

use by the Council to determine future 

access to these fisheries. The purpose of 

these control dates is to inform current 

and potential participants that the 

Council is considering whether to 

propose future restrictions that limit 

fishery participation in the for-hire 

components of these fisheries. Should 

the Council decide to implement further 

restrictions on the fishery, those 

restrictions would be codified into the 

regulations through a NMFS 

rulemaking. 

As a condition of the for-hire, 

December 8, 2023, control date, the 

Council specified at their December 

2023 meeting that Federal permit 

holders that had not reported catch from 

the for-hire components of these 

fisheries to the Southeast For-Hire 

Integrated Electronic Reporting 

(SEFHIER) program in the Atlantic on, 

or prior to, December 5, 2023, would not 

be assured of future access should a 

management regime that limits 

participation in the for-hire components 

of these fisheries be prepared and 

implemented. The Atlantic SEFHIER 

program was implemented on January 4, 

2021 (85 FR 47917, August 7, 2020). 

That final rule established weekly 

electronic reporting requirements for 

owners or operators of federally 

permitted coastal migratory pelagics, 

dolphin and wahoo, and snapperVerDate Sep<11>2014 17:04 Feb 07, 2024 Jkt 262001 PO 00000 Frm 00081 Fmt 4702 Sfmt 4702 E:\FR\FM\08FEP1.SGM 08FEP1

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