19852 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Proposed Rules 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 20 

[Docket No. FWS–HQ–MB–2014–0064; 

FF09M21200–156–FXMB1231099BPP0] 

RIN 1018–BA67 

Migratory Bird Hunting; Proposed 

2015–16 Migratory Game Bird Hunting 

Regulations (Preliminary) With 

Requests for Indian Tribal Proposals 

and Requests for 2017 Spring and 

Summer Migratory Bird Subsistence 

Harvest Proposals in Alaska 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; availability of 

supplemental information. 

SUMMARY: The U.S. Fish and Wildlife 

Service (hereinafter the Service or we) 

proposes to establish annual hunting 

regulations for certain migratory game 

birds for the 2015–16 hunting season. 

We annually prescribe outside limits 

(frameworks) within which States may 

select hunting seasons. This proposed 

rule provides the regulatory schedule, 

describes the proposed regulatory 

alternatives for the 2015–16 duck 

hunting seasons, requests proposals 

from Indian tribes that wish to establish 

special migratory game bird hunting 

regulations on Federal Indian 

reservations and ceded lands, and 

requests proposals for the 2017 spring 

and summer migratory bird subsistence 

season in Alaska. Migratory game bird 

hunting seasons provide opportunities 

for recreation and sustenance; aid 

Federal, State, and tribal governments in 

the management of migratory game 

birds; and permit harvests at levels 

compatible with migratory game bird 

population status and habitat 

conditions. 

DATES: You must submit comments on 

the proposed regulatory alternatives for 

the 2015–16 duck hunting seasons on or 

before June 26, 2015. Following 

subsequent Federal Register notices, 

you will be given an opportunity to 

submit comments for proposed earlyseason frameworks by July 29, 2015, and 

for proposed late-season frameworks 

and subsistence migratory bird seasons 

in Alaska by August 29, 2015. Tribes 

must submit proposals and related 

comments on or before June 5, 2015. 

Proposals from the Alaska Migratory 

Bird Co-management Council for the 

2017 spring and summer migratory bird 

subsistence harvest season must be 

submitted to the Flyway Councils and 

the Service on or before June 13, 2015. 

ADDRESSES: You may submit comments 

on the proposals by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

on Docket No. FWS–HQ–MB–2014– 

0064. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS–HQ– 

MB–2014–0064; Division of Policy, 

Performance, and Management 

Programs; U.S. Fish and Wildlife 

Service, MS: BPHC; 5275 Leesburg Pike, 

Falls Church, VA 22041. 

We will not accept emailed or faxed 

comments. We will post all comments 

on http://www.regulations.gov. This 

generally means that we will post any 

personal information you provide us 

(see the Public Comments section, 

below, for more information). 

Send your proposals for the 2017 

spring and summer migratory bird 

subsistence season in Alaska to the 

Executive Director of the Comanagement Council, U.S. Fish and 

Wildlife Service, 1011 E. Tudor Road, 

Anchorage, AK 99503; or fax to (907) 

786–3306; or email to ambcc@fws.gov. 

FOR FURTHER INFORMATION CONTACT: Ron 

W. Kokel at: Division of Migratory Bird 

Management, U.S. Fish and Wildlife 

Service, Department of the Interior, 

MS:MB, 5275 Leesburg Pike, Falls 

Church, VA 22041; (703) 358–1714. For 

information on the migratory bird 

subsistence season in Alaska, contact 

Donna Dewhurst, U.S. Fish and Wildlife 

Service, 1011 E. Tudor Road, Mail Stop 

201, Anchorage, AK 99503; (907) 786– 

3499. 

SUPPLEMENTARY INFORMATION: 

Background and Overview 

Migratory game birds are those bird 

species so designated in conventions 

between the United States and several 

foreign nations for the protection and 

management of these birds. Under the 

Migratory Bird Treaty Act (16 U.S.C. 

703–712), the Secretary of the Interior is 

authorized to determine when ‘‘hunting, 

taking, capture, killing, possession, sale, 

purchase, shipment, transportation, 

carriage, or export of any . . . bird, or 

any part, nest, or egg’’ of migratory game 

birds can take place, and to adopt 

regulations for this purpose. These 

regulations are written after giving due 

regard to ‘‘the zones of temperature and 

to the distribution, abundance, 

economic value, breeding habits, and 

times and lines of migratory flight of 

such birds’’ and are updated annually 

(16 U.S.C. 704(a)). 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 game 

bird management is a cooperative effort 

of State, Tribal, and Federal 

governments. 

The Service develops migratory game 

bird hunting regulations by establishing 

the frameworks, or outside limits, for 

season lengths, bag limits, and areas for 

migratory game bird hunting. 

Acknowledging regional differences in 

hunting conditions, the Service has 

administratively divided the Nation into 

four Flyways for the primary purpose of 

managing migratory game birds. Each 

Flyway (Atlantic, Mississippi, Central, 

and Pacific) has a Flyway Council, a 

formal organization generally composed 

of one member from each State and 

Province in that Flyway. The Flyway 

Councils, established through the 

International Association of Fish and 

Wildlife Agencies (IAFWA), also assist 

in researching and providing migratory 

game bird management information for 

Federal, State, and Provincial 

governments, as well as private 

conservation agencies and the general 

public. 

The process for adopting migratory 

game bird hunting regulations, located 

at 50 CFR part 20, is constrained by 

three primary factors. 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. 

The process includes two separate 

regulations-development schedules, 

based on early and late hunting season 

regulations. Early hunting seasons 

pertain to all migratory game bird 

species in Alaska, Hawaii, Puerto Rico, 

and the Virgin Islands; migratory game 

birds other than waterfowl (i.e., dove, 

woodcock, etc.); and special early 

waterfowl seasons, such as teal or 

resident Canada geese. Early hunting 

seasons generally begin prior to the last 

week in September. Late hunting 

seasons generally start during or after 

the last week in September and include 

most waterfowl seasons not already 

established. 

There are basically no differences in 

the processes for establishing either 

early or late hunting seasons. For each 

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 


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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, the condition of 

breeding and wintering habitat, the 

number of hunters, and the anticipated 

harvest. 

After frameworks are established for 

season lengths, bag limits, and areas for 

migratory game bird hunting, States may 

select season dates, bag limits, and other 

regulatory options for the hunting 

seasons. States may always be more 

conservative in their selections than the 

Federal frameworks, but never more 

liberal. 

Notice of Intent To Establish Open 

Seasons 

This document announces our intent 

to establish open hunting seasons and 

daily bag and possession limits for 

certain designated groups or species of 

migratory game birds for 2015–16 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 subpart K of 50 

CFR part 20. 

For the 2015–16 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, moorhens, and 

gallinules); and Scolopacidae 

(woodcock and snipe). We describe 

these proposals under Proposed 2015– 

16 Migratory Game Bird Hunting 

Regulations (Preliminary) in this 

document. We published definitions of 

waterfowl flyways and mourning dove 

management units, and a description of 

the data used in and the factors affecting 

the regulatory process, in the March 14, 

1990, Federal Register (55 FR 9618). 

Regulatory Schedule for 2015–16 

This document is the first in a series 

of proposed, supplemental, and final 

rulemaking documents for migratory 

game bird hunting regulations. We will 

publish additional supplemental 

proposals for public comment in the 

Federal Register as population, habitat, 

harvest, and other information become 

available. Because of the late dates 

when certain portions of these data 

become available, we anticipate 

abbreviated comment periods on some 

proposals. Special circumstances limit 

the amount of time we can allow for 

public comment on these regulations. 

Specifically, two considerations 

compress the time for the rulemaking 

process: The need, on one hand, to 

establish final rules early enough in the 

summer to allow resource agencies to 

select and publish season dates and bag 

limits before the beginning of hunting 

seasons and, on the other hand, the lack 

of current status data on most migratory 

game birds until later in the summer. 

Because the regulatory process is 

strongly influenced by the times when 

information is available for 

consideration, we divide the regulatory 

process into two segments: Early 

seasons and late seasons (further 

described and discussed above in the 

Background and Overview section). 

Major steps in the 2015–16 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. 

All 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. September Teal Seasons 

ii. September Teal/Wood Duck Seasons 

iii. Black Ducks 

iv. Canvasbacks 

v. Pintails 

vi. Scaup 

vii. Mottled Ducks 

viii. Wood Ducks 

ix. Youth Hunt 

x. Mallard Management Units 

xi. Other 

2. Sea Ducks 

3. Mergansers 

4. Canada Geese 

A. Special 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. Moorhens and 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 

Later sections of this and subsequent 

documents will refer only to numbered 

items requiring your attention. 

Therefore, it is important to note that we 

will omit those items requiring no 

attention, and remaining numbered 

items will be discontinuous and appear 

incomplete. 

We will publish final regulatory 

alternatives for the 2015–16 duck 

hunting seasons in mid-July. We will 

publish proposed early season 

frameworks in mid-July and late season 

frameworks in mid-August. We will 

publish final regulatory frameworks for 

early seasons on or about August 15, 

2015, and those for late seasons on or 

about September 19, 2015. 

Request for 2017 Spring and Summer 

Migratory Bird Subsistence Harvest 

Proposals in Alaska 

Background 

The 1916 Convention for the 

Protection of Migratory Birds between 

the United States and Great Britain (for 

Canada) established a closed season for 

the taking of migratory birds between 

March 10 and September 1. Residents of 

northern Alaska and Canada 

traditionally harvested migratory birds 

for nutritional purposes during the 

spring and summer months. The 1916 

Convention and the subsequent 1936 

Mexico Convention for the Protection of 

Migratory Birds and Game Mammals 

provide for the legal subsistence harvest 

of migratory birds and their eggs in 

Alaska and Canada during the closed 

season by indigenous inhabitants. 

On August 16, 2002, we published in 

the Federal Register (67 FR 53511) a 

final rule that established procedures for 

incorporating subsistence management 

into the continental migratory bird 

management program. These 

regulations, developed under a new comanagement process involving the 

Service, the Alaska Department of Fish 

and Game, and Alaska Native 

representatives, established an annual 

procedure to develop harvest guidelines 

for implementation of a spring and 

summer migratory bird subsistence 

harvest. Eligibility and inclusion 

requirements necessary to participate in 

the spring and summer migratory bird 

subsistence season in Alaska are 

outlined in 50 CFR part 92. 

This proposed rule calls for proposals 

for regulations that will expire on 

August 31, 2017, for the spring and 

summer subsistence harvest of 

migratory birds in Alaska. Each year, 

seasons will open on or after March 11 

and close before September 1. 


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Alaska Spring and Summer Subsistence 

Harvest Proposal Procedures 

We will publish details of the Alaska 

spring and summer subsistence harvest 

proposals in later Federal Register 

documents under 50 CFR part 92. The 

general relationship to the process for 

developing national hunting regulations 

for migratory game birds is as follows: 

(a) Alaska Migratory Bird CoManagement Council. The public may 

submit proposals to the Co-management 

Council during the period of November 

1–December 15, 2015, to be acted upon 

for the 2017 migratory bird subsistence 

harvest season. Proposals should be 

submitted to the Executive Director of 

the Co-management Council, listed 

above under the caption ADDRESSES. 

(b) Flyway Councils. 

(1) The Co-management Council will 

submit proposed 2017 regulations to all 

Flyway Councils for review and 

comment. The Council’s 

recommendations must be submitted 

before the Service Regulations 

Committee’s late season regulations 

meeting (July 2015) in order to be 

approved for spring and summer harvest 

beginning April 2 of the following 

calendar year. 

(2) Alaska Native representatives may 

be appointed by the Co-management 

Council to attend meetings of one or 

more of the four Flyway Councils to 

discuss recommended regulations or 

other proposed management actions. 

(c) Service Regulations Committee. 

The Co-management Council will 

submit proposed annual regulations to 

the Service Regulations Committee 

(SRC) for their review and 

recommendation to the Service Director. 

Following the Service Director’s review 

and recommendation, the proposals will 

be forwarded to the Department of the 

Interior for approval. Proposed annual 

regulations will then be published in 

the Federal Register for public review 

and comment, similar to the annual 

migratory game bird hunting 

regulations. Final spring and summer 

regulations for Alaska will be published 

in the Federal Register in the preceding 

winter after review and consideration of 

any public comments received. 

Because of the time required for 

review by us and the public, proposals 

from the Co-management Council for 

the 2017 spring and summer migratory 

bird subsistence harvest season must be 

submitted to the Flyway Councils and 

the Service by August 1, 2016, for 

Council comments and Service action at 

the October 2016 SRC meeting. 

Review of Public Comments 

This proposed rulemaking contains 

the proposed regulatory alternatives for 

the 2015–16 duck hunting seasons. This 

proposed rulemaking also describes 

other recommended changes or specific 

preliminary proposals that vary from the 

2014–15 final frameworks (see August 

28, 2014, Federal Register (79 FR 

51402) for early seasons and September 

23, 2014, Federal Register (79 FR 

56864) for late seasons) and issues 

requiring early discussion, action, or the 

attention of the States or tribes. We will 

publish responses to all proposals and 

written comments when we develop 

final frameworks for the 2015–16 

season. We seek additional information 

and comments on this proposed rule. 

Consolidation of Notices 

For administrative purposes, this 

document consolidates the notice of 

intent to establish open migratory game 

bird hunting seasons, the request for 

tribal proposals, and the request for 

Alaska migratory bird subsistence 

seasons with the preliminary proposals 

for the annual hunting regulationsdevelopment process. We will publish 

the remaining proposed and final 

rulemaking documents separately. For 

inquiries on tribal guidelines and 

proposals, tribes should contact the 

following personnel: 

Region 1 (Idaho, Oregon, Washington, 

Hawaii, and the Pacific Islands)— 

Nanette Seto, U.S. Fish and Wildlife 

Service, 911 NE. 11th Avenue, Portland, 

OR 97232–4181; (503) 231–6164. 

Region 2 (Arizona, New Mexico, 

Oklahoma, and Texas)—Greg Hughes, 

U.S. Fish and Wildlife Service, P.O. Box 

1306, Albuquerque, NM 87103; (505) 

248–7885. 

Region 3 (Illinois, Indiana, Iowa, 

Michigan, Minnesota, Missouri, Ohio, 

and Wisconsin)—Dave Scott, U.S. Fish 

and Wildlife Service, 5600 American 

Blvd. West, Suite 990, Bloomington, MN 

55437–1458; (612) 713–5101. 

Region 4 (Alabama, Arkansas, Florida, 

Georgia, Kentucky, Louisiana, 

Mississippi, North Carolina, Puerto Rico 

and Virgin Islands, South Carolina, and 

Tennessee)—Laurel Barnhill, U.S. Fish 

and Wildlife Service, 1875 Century 

Boulevard, Room 324, Atlanta, GA 

30345; (404) 679–4000. 

Region 5 (Connecticut, Delaware, 

Maine, Maryland, Massachusetts, New 

Hampshire, New Jersey, New York, 

Pennsylvania, Rhode Island, Vermont, 

Virginia, and West Virginia)—Pam 

Toschik, U.S. Fish and Wildlife Service, 

300 Westgate Center Drive, Hadley, MA 

01035–9589; (413) 253–8610. 

Region 6 (Colorado, Kansas, Montana, 

Nebraska, North Dakota, South Dakota, 

Utah, and Wyoming)—Casey Stemler, 

U.S. Fish and Wildlife Service, P.O. Box 

25486, Denver Federal Building, 

Denver, CO 80225; (303) 236–8145. 

Region 7 (Alaska)—Pete Probasco, 

U.S. Fish and Wildlife Service, 1011 

East Tudor Road, Anchorage, AK 99503; 

(907) 786–3423. 

Region 8 (California and Nevada)— 

U.S. Fish and Wildlife Service, 2800 

Cottage Way, Sacramento, CA 95825– 

1846; (916) 414–6727. 

Requests for Tribal Proposals 

Background 

Beginning with the 1985–86 hunting 

season, we have employed guidelines 

described in the June 4, 1985, Federal 

Register (50 FR 23467) 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. The 

guidelines include possibilities for: 

(1) On-reservation hunting by both 

tribal and nontribal members, with 

hunting by nontribal members on some 

reservations to take place within Federal 

frameworks, but on dates different from 

those selected by the surrounding 

State(s); 

(2) On-reservation hunting by tribal 

members only, outside of usual Federal 

frameworks for season dates and length, 

and for daily bag and possession limits; 

and 

(3) Off-reservation hunting by tribal 

members on ceded lands, outside of 

usual framework dates and season 

length, with some added flexibility in 

daily bag and possession limits. 

In all cases, tribal regulations 

established under the guidelines must 

be consistent with the annual March 10 

to September 1 closed season mandated 

by the 1916 Convention Between the 

United States and Great Britain (for 

Canada) for the Protection of Migratory 

Birds (Convention). The guidelines are 

applicable to those tribes that have 

reserved hunting rights on Federal 

Indian reservations (including offreservation trust lands) and ceded lands. 

They also may be applied to the 

establishment of migratory game bird 

hunting regulations for nontribal 

members on all lands within the 

exterior boundaries of reservations 

where tribes have full wildlife 

management authority over such 

hunting, or where the tribes and affected 

States otherwise have reached 


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agreement over hunting by nontribal 

members on non-Indian lands. 

Tribes usually have the authority to 

regulate migratory game bird hunting by 

nonmembers on Indian-owned 

reservation lands, subject to our 

approval. The question of jurisdiction is 

more complex on reservations that 

include lands owned by non-Indians, 

especially when the surrounding States 

have established or intend to establish 

regulations governing migratory bird 

hunting by non-Indians on these lands. 

In such cases, we encourage the tribes 

and States to reach agreement on 

regulations that would apply throughout 

the reservations. When appropriate, we 

will consult with a tribe and State with 

the aim of facilitating an accord. We 

also will consult jointly with tribal and 

State officials in the affected States 

where tribes may wish to establish 

special hunting regulations for tribal 

members on ceded lands. It is 

incumbent upon the tribe and/or the 

State to request consultation as a result 

of the proposal being published in the 

Federal Register. We will not presume 

to make a determination, without being 

advised by either a tribe or a State, that 

any issue is or is not worthy of formal 

consultation. 

One of the guidelines provides for the 

continuation of tribal members’ harvest 

of migratory game birds on reservations 

where such harvest is a customary 

practice. We do not oppose this harvest, 

provided it does not take place during 

the closed season required by the 

Convention, and it is not so large as to 

adversely affect the status of the 

migratory game bird resource. Since the 

inception of these guidelines, we have 

reached annual agreement with tribes 

for migratory game bird hunting by 

tribal members on their lands or on 

lands where they have reserved hunting 

rights. We will continue to consult with 

tribes that wish to reach a mutual 

agreement on hunting regulations for 

on-reservation hunting by tribal 

members. 

Tribes should not view the guidelines 

as inflexible. We believe that they 

provide appropriate opportunity to 

accommodate the reserved hunting 

rights and management authority of 

Indian tribes while also ensuring that 

the migratory game bird resource 

receives necessary protection. The 

conservation of this important 

international resource is paramount. 

Use of the guidelines is not required if 

a tribe wishes to observe the hunting 

regulations established by the State(s) in 

which the reservation is located. 

Details Needed in Tribal Proposals 

Tribes that wish to use the guidelines 

to establish special hunting regulations 

for the 2015–16 migratory game bird 

hunting season should submit a 

proposal that includes: 

(1) The requested migratory game bird 

hunting season dates and other details 

regarding the proposed regulations; 

(2) Harvest anticipated under the 

proposed regulations; and 

(3) Tribal capabilities to enforce 

migratory game bird hunting 

regulations. 

For those situations where it could be 

shown that failure to limit Tribal 

harvest could seriously impact the 

migratory game bird resource, we also 

request information on the methods 

employed to monitor harvest and any 

potential steps taken to limit level of 

harvest. 

A tribe that desires the earliest 

possible opening of the migratory game 

bird season for nontribal members 

should specify this request in its 

proposal, rather than request a date that 

might not be within the final Federal 

frameworks. Similarly, unless a tribe 

wishes to set more restrictive 

regulations than Federal regulations will 

permit for nontribal members, the 

proposal should request the same daily 

bag and possession limits and season 

length for migratory game birds that 

Federal regulations are likely to permit 

the States in the Flyway in which the 

reservation is located. 

Tribal Proposal Procedures 

We will publish details of tribal 

proposals for public review in later 

Federal Register documents. Because of 

the time required for review by us and 

the public, Indian tribes that desire 

special migratory game bird hunting 

regulations for the 2015–16 hunting 

season should submit their proposals as 

soon as possible, but no later than June 

5, 2015. 

Tribes should direct inquiries 

regarding the guidelines and proposals 

to the appropriate Service Regional 

Office listed above under the caption 

Consolidation of Notices. Tribes that 

request special migratory game bird 

hunting regulations for tribal members 

on ceded lands should send a courtesy 

copy of the proposal to officials in the 

affected State(s). 

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 the proposed regulations. 

Before promulgation of final migratory 

game bird hunting regulations, we will 

take into consideration all comments we 

receive. Such comments, and any 

additional information we receive, may 

lead to final regulations that differ from 

these proposals. 

You may submit your comments and 

materials concerning this proposed rule 

by one of the methods listed in the 

ADDRESSES section. We will not accept 

comments sent by email or fax or to an 

address not listed in the ADDRESSES

section. Finally, we will not consider 

hand-delivered comments that we do 

not receive, or mailed comments that 

are not postmarked, by the date 

specified in the DATES section. 

We will post all comments in their 

entirety—including your personal 

identifying information—on http://

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 http://www.regulations.gov, or by 

appointment, during normal business 

hours, at the U.S. Fish and Wildlife 

Service, Division of Migratory Bird 

Management, 5275 Leesburg Pike, Falls 

Church, VA 22041. 

For each series of proposed 

rulemakings, we will establish specific 

comment periods. We will consider, but 

may not respond in detail to, each 

comment. As in the past, we will 

summarize all comments we receive 

during the comment period and respond 

to them after the closing date in any 

final rules. 

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 


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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 2014– 

15,’’ with its corresponding August 21, 

2014, 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 address indicated 

under the caption FOR FURTHER

INFORMATION CONTACT. 

Endangered Species Act Consideration 

Before issuance of the 2015–16 

migratory game bird hunting 

regulations, we will comply with 

provisions of the Endangered Species 

Act of 1973, as amended (16 U.S.C. 

1531–1543; hereinafter the Act), to 

ensure that hunting is not likely to 

jeopardize the continued existence of 

any species designated as endangered or 

threatened or modify or destroy its 

critical habitat and is consistent with 

conservation programs for those species. 

Consultations under section 7 of the Act 

may cause us to change proposals in 

this and future supplemental proposed 

rulemaking documents. 

Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

Executive Order (E.O.) 12866 provides 

that the Office of Information and 

Regulatory Affairs (OIRA) will review 

all significant rules. OIRA has reviewed 

this rule and has determined that this 

rule is significant because it would have 

an annual effect of $100 million or more 

on the economy. 

E.O. 13563 reaffirms the principles of 

E.O. 12866 while calling for 

improvements in the nation’s regulatory 

system to promote predictability, to 

reduce uncertainty, and to use the best, 

most innovative, and least burdensome 

tools for achieving regulatory ends. The 

executive order directs agencies to 

consider regulatory approaches that 

reduce burdens and maintain flexibility 

and freedom of choice for the public 

where these approaches are relevant, 

feasible, and consistent with regulatory 

objectives. E.O. 13563 emphasizes 

further that regulations must be based 

on the best available science and that 

the rulemaking process must allow for 

public participation and an open 

exchange of ideas. We have developed 

this rule in a manner consistent with 

these requirements. 

An economic analysis was prepared 

for the 2013–14 season. This analysis 

was based on data from the 2011 

National Hunting and Fishing Survey, 

the most recent year for which data are 

available (see discussion in Regulatory 

Flexibility Act section below). We will 

use this analysis again for the 2015–16 

season. This analysis estimated 

consumer surplus for three alternatives 

for duck hunting (estimates for other 

species are not quantified due to lack of 

data). The alternatives are (1) issue 

restrictive regulations allowing fewer 

days than those issued during the 2012– 

13 season, (2) issue moderate 

regulations allowing more days than 

those in alternative 1, and (3) issue 

liberal regulations identical to the 

regulations in the 2012–13 season. For 

the 2013–14 season, we chose 

Alternative 3, with an estimated 

consumer surplus across all flyways of 

$317.8–$416.8 million. We also chose 

alternative 3 for the 2009–10, the 2010– 

11, the 2011–12, the 2012–13, and the 

2014–15 seasons. The 2013–14 analysis 

is part of the record for this rule and is 

available at http://www.regulations.gov 

at Docket No. FWS–HQ–MB–2014– 

0064. 

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.). We analyzed 

the economic impacts of the annual 

hunting regulations on small business 

entities in detail as part of the 1981 costbenefit analysis. This analysis was 

revised annually from 1990–95. In 1995, 

the Service issued a Small Entity 

Flexibility Analysis (Analysis), which 

was subsequently updated in 1996, 

1998, 2004, 2008, and 2013. The 

primary source of information about 

hunter expenditures for migratory game 

bird hunting is the National Hunting 

and Fishing Survey, which is conducted 

at 5-year intervals. The 2013 Analysis 

was based on the 2011 National Hunting 

and Fishing Survey and the U.S. 

Department of Commerce’s County 

Business Patterns, from which it was 

estimated that migratory bird hunters 

would spend approximately $1.5 billion 

at small businesses in 2013. Copies of 

the Analysis are available upon request 

from the Division of Migratory Bird 

Management (see FOR FURTHER

INFORMATION CONTACT) or from our Web 

site at http://www.fws.gov/

migratorybirds/

NewReportsPublications/SpecialTopics/

SpecialTopics.html#HuntingRegs or at 

http://www.regulations.gov at Docket 

No. FWS–HQ–MB–2014–0064. 

Clarity of the Rule 

We are required by Executive Orders 

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 the ADDRESSES

section. 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. 

Small Business Regulatory Enforcement 

Fairness Act 

This proposed rule is a major rule 

under 5 U.S.C. 804(2), the Small 

Business Regulatory Enforcement 

Fairness Act. For the reasons outlined 

above, this rule would have an annual 

effect on the economy of $100 million 

or more. However, because this rule 

would establish hunting seasons, we do 

not plan to defer the effective date 

under the exemption contained in 5 

U.S.C. 808(1). 

Paperwork Reduction Act 

This proposed rule does not contain 

any new information collection that 

requires approval under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). We may not conduct or sponsor 

and you are not required to respond to 

a collection of information unless it 

displays a currently valid OMB control 

number. OMB has reviewed and 

approved the information collection 

requirements associated with migratory 

bird surveys and assigned the following 

OMB control numbers: 

• 1018–0019—North American 

Woodcock Singing Ground Survey 

(expires 4/30/2015). 

• 1018–0023—Migratory Bird 

Surveys (expires 6/30/2017). Includes 

Migratory Bird Harvest Information 

Program, Migratory Bird Hunter 

Surveys, Sandhill Crane Survey, and 

Parts Collection Survey. 

• 1018–0124—Alaska Migratory Bird 

Subsistence Harvest Household Survey 

(expires 6/30/2016). 


tkelley on DSK3SPTVN1PROD with PROPOSALS2
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Unfunded Mandates Reform Act 

We have determined and certify, in 

compliance with the requirements of the 

Unfunded Mandates Reform Act, 2 

U.S.C. 1502 et seq., that this proposed 

rulemaking would not impose a cost of 

$100 million or more in any given year 

on local or State government or private 

entities. Therefore, this rule is not a 

‘‘significant regulatory action’’ under 

the Unfunded Mandates Reform Act. 

Civil Justice Reform—Executive Order 

12988 

The Department, in promulgating this 

proposed rule, has determined that this 

proposed 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 

In accordance with E.O. 12630, this 

proposed rule, authorized by the 

Migratory Bird Treaty Act, does not 

have significant takings implications 

and does not affect any constitutionally 

protected property rights. This rule 

would not result in the physical 

occupancy of property, the physical 

invasion of property, or the regulatory 

taking of any property. In fact, these 

rules would allow hunters to exercise 

otherwise unavailable privileges and, 

therefore, 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 expected to adversely affect energy 

supplies, distribution, or use. Therefore, 

this action is not a significant energy 

action and 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 Federallyrecognized Indian tribes and have 

determined that there are no effects on 

Indian trust resources. However, in this 

proposed rule, we solicit proposals for 

special migratory bird hunting 

regulations for certain Tribes on Federal 

Indian reservations, off-reservation trust 

lands, and ceded lands for the 2015–16 

migratory bird hunting season. The 

resulting proposals will be contained in 

a separate proposed rule. By virtue of 

these actions, we have consulted with 

Tribes affected by this rule. 

Federalism Effects 

Due to the migratory nature of certain 

species of birds, the Federal 

Government has been given 

responsibility over these species by the 

Migratory Bird Treaty Act. 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 Indian tribe may be more 

restrictive 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 development of frameworks from 

which they will make selections, 

thereby having an influence on their 

own regulations. These rules do not 

have a substantial direct effect on fiscal 

capacity, change the roles or 

responsibilities of Federal or State 

governments, or intrude on State policy 

or administration. Therefore, in 

accordance with E.O. 13132, these 

regulations do not have significant 

federalism effects and do not have 

sufficient federalism implications to 

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 2015–16 hunting 

season are authorized under 16 U.S.C. 

703–711, 16 U.S.C. 712, and 16 U.S.C. 

742 a–j. 

Dated: March 26, 2015. 

Michael J. Bean, 

Principal Deputy Assistant Secretary for Fish 

and Wildlife and Parks. 

Proposed 2015–16 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. No changes from 

the final 2014–15 frameworks 

established on August 28 and 

September 23, 2014 (79 FR 51402 and 

79 FR 56864) are being proposed at this 

time. Other issues requiring early 

discussion, action, or the attention of 

the States or tribes are contained below: 

1. Ducks 

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 

containing substantial recommendations 

are discussed below. 

A. General Harvest Strategy 

We propose to continue using 

adaptive harvest management (AHM) to 

help determine appropriate duckhunting regulations for the 2015–16 

season. AHM permits sound resource 

decisions in the face of uncertain 

regulatory impacts and provides a 

mechanism for reducing that 

uncertainty over time. We use AHM to 

evaluate four alternative regulatory 

levels for duck hunting based on the 

population status of mallards. (We enact 

special hunting restrictions for species 

of special concern, such as canvasbacks, 

scaup, and pintails). 

Pacific, Central, and Mississippi 

Flyways 

The prescribed regulatory alternative 

for the Pacific, Central, and Mississippi 

Flyways is based on the status of 

mallards that contributes primarily to 

each Flyway. In the Pacific Flyway, we 

set hunting regulations based on the 

status and dynamics of western 

mallards. Western mallards are those 

breeding in Alaska and the northern 

Yukon Territory (as based on Federal 

surveys in strata 1–12), and in California 

and Oregon (as based on Stateconducted surveys). In the Central and 

Mississippi Flyways, we set hunting 

regulations based on the status and 

dynamics of mid-continent mallards. 

Mid-continent mallards are those 

breeding in central North America 

(Federal survey strata 13–18, 20–50, and 

75–77, and State surveys in Minnesota, 

Wisconsin, and Michigan). 

For the 2015–16 season, we 

recommend continuing to use 

independent optimization to determine 

the optimal regulatory choice for each 

mallard stock. This means that we 

would develop regulations for midcontinent mallards and western 

mallards independently, based upon the 

breeding stock that contributes 

primarily to each Flyway. We detailed 

implementation of this new AHM 

decision framework in the July 24, 2008, 

Federal Register (73 FR 43290). 


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Atlantic Flyway 

The prescribed regulatory alternative 

for the Atlantic Flyway is determined 

annually based on the population status 

of mallards breeding in eastern North 

America (Federal survey strata 51–54 

and 56, and State surveys in New 

England and the mid-Atlantic region). In 

2012, we proposed and subsequently 

implemented several changes related to 

the population models used in the 

eastern mallard AHM protocol (77 FR 

42920; July 20, 2012). We propose 

continuation of the AHM process for the 

2015–16 season using the revised model 

set to inform eastern mallard harvest 

regulations until a fully revised AHM 

protocol is finalized. Further details on 

the revised models and results of 

simulations of this interim harvest 

policy are available on our Web site at 

http://www.fws.gov/migratorybirds, or at 

http://www.regulations.gov. 

Final 2015–16 AHM Protocol 

We will detail the final AHM protocol 

for the 2015–16 season in the earlyseason proposed rule, which we will 

publish in mid-July (see 2015 Schedule 

of Regulations Meetings and Federal 

Register Publications at the end of this 

proposed rule for further information). 

We will propose a specific regulatory 

alternative for each of the Flyways 

during the 2015–16 season after survey 

information becomes available in late 

summer. More information on AHM is 

located at http://www.fws.gov/

migratorybirds/CurrentBirdIssues/

Management/AHM/AHM-intro.htm. 

B. Regulatory Alternatives 

The basic structure of the current 

regulatory alternatives for AHM was 

adopted in 1997. In 2002, 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. These extended dates were 

made available with no associated 

penalty in season length or bag limits. 

At that time we stated our desire to keep 

these changes in place for 3 years to 

allow for a reasonable opportunity to 

monitor the impacts of framework-date 

extensions on harvest distribution and 

rates of harvest before considering any 

subsequent use (67 FR 12501; March 19, 

2002). 

For 2015–16, we are proposing to 

maintain the same regulatory 

alternatives that were in effect last year 

(see accompanying table for specifics of 

the proposed 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 

will announce final regulatory 

alternatives in mid-July. We will accept 

public comments until June 26, 2015, 

and you should send your comments to 

an address listed under the caption 

ADDRESSES. 

C. Zones and Split Seasons 

Zones and split seasons are ‘‘special 

regulations’’ designed to distribute 

hunting opportunities and harvests 

according to temporal, geographic, and 

demographic variability in waterfowl 

and other migratory game bird 

populations. For ducks, States have 

been allowed the option of dividing 

their allotted hunting days into two (or 

in some cases three) segments to take 

advantage of species-specific peaks of 

abundance or to satisfy hunters in 

different areas who want to hunt during 

the peak of waterfowl abundance in 

their area. However, the split-season 

option does not fully satisfy many States 

who wish to provide a more equitable 

distribution of harvest opportunities. 

Therefore, we also have allowed the 

establishment of independent seasons in 

up to four zones within States for the 

purpose of providing more equitable 

distribution of harvest opportunity for 

hunters throughout the State. 

In 1978, we prepared an 

environmental assessment (EA) on the 

use of zones to set duck hunting 

regulations. A primary tenet of the 1978 

EA was that zoning would be for the 

primary purpose of providing equitable 

distribution of duck hunting 

opportunities within a State or region 

and not for the purpose of increasing 

total annual waterfowl harvest in the 

zoned areas. In fact, target harvest levels 

were to be adjusted downward if they 

exceeded traditional levels as a result of 

zoning. Subsequent to the 1978 EA, we 

conducted a review of the use of zones 

and split seasons in 1990. In 2011, we 

prepared a new EA analyzing some 

specific proposed changes to the zone 

and split season guidelines. The current 

guidelines were then finalized in 2011 

(76 FR 53536; August 26, 2001). 

Currently, every 5 years, States are 

afforded the opportunity to change the 

zoning and split season configuration 

within which they set their annual duck 

hunting regulations. The next regularly 

scheduled open season for changes to 

zone and split season configurations 

will be in 2016, for use during the 2016– 

20 period. In 2011, we stated that in 

order to allow sufficient time for States 

to solicit public input regarding their 

selections of zone and split season 

configurations in 2016, we would 

reaffirm the criteria during the 2015 

late-season regulations process and that 

States should notify us of changes to 

zone and split season configurations by 

May 1, 2016. 

However, as discussed in the 

September 23, 2014, Federal Register 

(79 FR 56864), and below under 22. 

Other, we are implementing significant 

changes to the annual regulatory process 

as outlined in the 2013 SEIS. While we 

have spent considerable time the past 

several years contemplating and 

planning these changes, one issue that 

we did not anticipate would be a 

problem is the timing of the open season 

for duck zones and split season 

configurations. The previously 

identified May 1, 2016, due date for 

zone and split season configuration 

changes was developed under the 

current regulatory process, when that 

deadline would still allow publication 

of zone descriptions in the proposed 

rule for hunting seasons and allow for 

public comment. 

Under the new regulatory schedule 

we anticipate publishing the proposed 

rule for all 2016–17 migratory bird 

seasons sometime this fall— 

approximately 30 days after the SRC 

meeting (which is tentatively scheduled 

for October 28–29, 2015). A final rule 

tentatively would be published 75 days 

after the proposed rule (no later than 

April 1). This schedule would preclude 

inclusion of zone descriptions in the 

proposed rule as had been done in past 

open seasons and would not be 

appropriate because it would preclude 

the ability for the public to comment on 

individual State zone descriptions. 

Therefore, we need to include proposed 

2016–20 zone descriptions in the 2016– 

17 hunting seasons proposed rule 

document that will be published later 

this year. Obviously, this will require a 

zone configuration deadline much 

earlier than the previously identified 

May 1, 2016, deadline. 

Considering all of the above, we have 

decided that a two-phase approach is 

appropriate. For those States wishing to 

change zone and split season 

configurations in time for the 2016–17 

season, we will need to receive that new 

configuration and zone descriptions by 

December 1, 2015. States that do not 

send in zone and split season 

configuration changes until the 

previously identified May 1, 2016, 

deadline would not be able to 

implement those changes until the 

2017–18 hunting season. While the next 

normally scheduled open season after 

2016–17 would be 2021–22, we 


tkelley on DSK3SPTVN1PROD with PROPOSALS2
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welcome State and Flyway Council 

comment on whether this should be 

pushed back to the 2022–23 season in 

order to allow those States not able to 

meet the December 1, 2015, deadline to 

operate under their new zone and split 

season configurations for 5 years rather 

than 4 years. 

Lastly, because dove zones and split 

season configurations are on the same 

open season schedule, this revision 

would apply to dove zones as well (see 

16. Doves for further discussion). 

We apologize for this oversight. 

However, we will do everything we can 

to make this transition as smooth as 

possible and look forward to working 

with the States and Flyways on any 

implementation issues. 

For the 2016–17 open season, the 

guidelines for duck zone and split 

season configurations are as follows: 

Guidelines for Duck Zones and Split 

Seasons 

The following zone and split-season 

guidelines apply only for the regular 

duck season: 

(1) A zone is a geographic area or 

portion of a State, with a contiguous 

boundary, for which independent dates 

may be selected for the regular duck 

season. 

(2) Consideration of changes for 

management-unit boundaries is not 

subject to the guidelines and provisions 

governing the use of zones and split 

seasons for ducks. 

(3) Only minor (less than a county in 

size) boundary changes will be allowed 

for any grandfathered arrangement, and 

changes are limited to the open season. 

(4) Once a zone and split option is 

selected during an open season, it must 

remain in place for the following 5 

years. 

Any State may continue the 

configuration used in the previous 5- 

year period. If changes are made, the 

zone and split-season configuration 

must conform to one of the following 

options: 

(1) No more than four zones with no 

splits, 

(2) Split seasons (no more than 3 

segments) with no zones, or 

(3) No more than three zones with the 

option for 2-way (2-segment) split 

seasons in one, two, or all zones. 

Grandfathered Zone and Split 

Arrangements 

When we first implemented the zone 

and split guidelines in 1991, several 

States had completed experiments with 

zone and split arrangements different 

from our original options. We offered 

those States a one-time opportunity to 

continue (‘‘grandfather’’) those 

arrangements, with the stipulation that 

only minor changes could be made to 

zone boundaries. If any of those States 

now wish to change their zone and split 

arrangement: 

(1) The new arrangement must 

conform to one of the 3 options 

identified above; and 

(2) The State cannot go back to the 

grandfathered arrangement that it 

previously had in place. 

Management Units 

We will continue to utilize the 

specific limitations previously 

established regarding the use of zones 

and split seasons in special management 

units, including the High Plains Mallard 

Management Unit. We note that the 

original justification and objectives 

established for the High Plains Mallard 

Management Unit provided for 

additional days of hunting opportunity 

at the end of the regular duck season. In 

order to maintain the integrity of the 

management unit, current guidelines 

prohibit simultaneous zoning and/or 3- 

way split seasons within a management 

unit and the remainder of the State. 

Removal of this limitation would allow 

additional proliferation of zone and 

split configurations and compromise the 

original objectives of the management 

unit. 

16. Doves 

In 2006 (see July 28, 2006, Federal 

Register, 71 FR 43008), we approved 

guidelines for the use of zones and split 

seasons for doves with implementation 

beginning in the 2007–08 season. While 

the initial period was for 4 years (2007– 

10), we further stated that beginning in 

2011, zoning would conform to a 5-year 

period. 

The next open season for changes to 

dove zone and split configurations will 

be for the 2016–20 period. As discussed 

above under C. Zones and Split Seasons 

for ducks, because of unintentional and 

unanticipated issues with changing the 

regulatory schedule for the 2016–17 

season, we have decided that a twophase approach is appropriate. For 

those States wishing to change zone and 

split season configurations in time for 

the 2016–17 season, we will need to 

receive that new configuration and zone 

descriptions by December 1, 2015. 

States that do not send in zone and split 

season configuration changes until the 

previously identified May 1, 2016, 

deadline would not be able to 

implement those changes until the 

2017–18 hunting season. While the next 

normally scheduled open season after 

2016–17 would be 2021–22, we 

welcome State and Flyway Council 

comment on whether this should be 

pushed back to the 2022–23 season in 

order to allow those States not able to 

meet the December 1, 2015, deadline to 

operate under their new zone and split 

season configurations for 5 years rather 

than 4 years. 

The guidelines are as follows: 

Guidelines for Dove Zones and Split 

Seasons in the Eastern and Central 

Mourning Dove Management Units 

(1) A zone is a geographic area or 

portion of a State, with a contiguous 

boundary, for which independent 

seasons may be selected for dove 

hunting. 

(2) States may select a zone and split 

option during an open season. The 

option must remain in place for the 

following 5 years except that States may 

make a one-time change and revert to 

their previous zone and split 

configuration in any year of the 5-year 

period. Formal approval will not be 

required, but States must notify the 

Service before making the change. 

(3) Zoning periods for dove hunting 

will conform to those years used for 

ducks, e.g., 2016–20. 

(4) The zone and split configuration 

consists of two zones with the option for 

3-way (3-segment) split seasons in one 

or both zones. As a grandfathered 

arrangement, Texas will have three 

zones with the option for 2-way (2- 

segment) split seasons in one, two, or all 

three zones. 

(5) States that do not wish to zone for 

dove hunting may split their seasons 

into no more than 3 segments. 

For the 2016–20 period, any State 

may continue the configuration used in 

2011–15. If changes are made, the zone 

and split-season configuration must 

conform to one of the options listed 

above. If Texas uses a new configuration 

for the entirety of the 5-year period, it 

cannot go back to the grandfathered 

arrangement that it previously had in 

place. 

21. Falconry 

Falconry is a permitted means of 

taking migratory game birds in any State 

meeting Federal falconry standards at 50 

CFR 21.29. Currently, daily bag limits 

for falconry for all permitted migratory 

game birds must not exceed 3 birds, 

singly or in the aggregate, during 

extended falconry seasons, any special 

or experimental seasons, and regular 

hunting seasons in all States. 

Additionally, other general hunting 

regulations, including seasons and 

hunting hours, apply to falconry in each 

State listed at 50 CFR 21.29. Regular 

season daily bag limits do not apply to 

falconry and the falconry daily bag limit 


tkelley on DSK3SPTVN1PROD with PROPOSALS2
19860 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Proposed Rules 

is not in addition to gun daily bag 

limits. 

In 2008, we revised the falconry 

regulations at 50 CFR 21.29 (73 FR 

59448; October 8, 2008). One of the 

revisions allowed both general and 

master falconers to possess more raptors 

taken from the wild (3 and 5, 

respectively, versus 2 and 3 previously). 

Additionally, master falconers also are 

allowed to possess as many captive-bred 

birds as they wish but these birds must 

be trained in the pursuit of wild game 

and used in hunting. Further, these 

revisions were implemented on a Stateby-State basis. That is, the regulations 

provided that when a State met the 

requirements for operating under the 

new regulations, falconry permitting 

would then be delegated to the State. In 

2013, the last remaining 17 States met 

the new requirements of the 2008 

revisions and were added to the list of 

States operating under the new 

regulations (78 FR 72830; December 4, 

2013). 

Historically, we have generally linked 

the daily migratory game bird bag limit 

for falconers to the maximum number of 

raptors they could possess. Based on the 

aforementioned revisions beginning in 

2008 and culminating in 2013, we 

believe it may be appropriate to 

consider changes to the falconry daily 

bag limits. We welcome comments from 

the States, Flyway Councils, and the 

general public on the issue. 

22. Other 

In a July 26, 2013, Federal Register 

(78 FR 45376), the Service issued its 

Record of Decision (ROD) for the 

migratory bird hunting program, 

prepared pursuant to National 

Environmental Policy Act (NEPA; 42 

U.S.C. 4321 et seq.) regulations at 40 

CFR 1505.2. An integral component of 

that ROD was the decision to 

promulgate annual migratory bird 

hunting regulations using a single 

process for early and late seasons based 

on predictions derived from long-term 

biological information and established 

harvest strategies. We believe this single 

process is the most effective alternative 

for addressing key issues identified 

during the planning process and will 

best achieve the purposes and goals of 

the Service and States. At that time, we 

stated that implementation of the new 

process was targeted for the 2015–16 

regulations cycle. 

In the April 30, 2014, proposed rule 

(79 FR 24512) we discussed how under 

this new process, the current early and 

late season regulatory actions will be 

combined into a new single process. 

Regulatory proposals will be developed 

using biological data from the preceding 

year(s), model predictions, or most 

recently accumulated data that are 

available at the time the proposals are 

being formulated. Individual harvest 

strategies will be modified using data 

from the previous year(s) because the 

current year’s data would not be 

available for many of the strategies. 

Some technical work will be necessary 

over a period of years to adjust the 

underlying biological models to the new 

regulatory time scale. During this 

transition period, harvest strategies and 

prescriptions will be modified to fit into 

the new regulatory schedule. These 

adjustments could be accomplished 

immediately upon adoption of the new 

process. Many existing regulatory 

prescriptions used for Canada geese, 

sandhill cranes, mourning doves, and 

American woodcock currently work on 

this basis. The process will be 

somewhat less precise in some instances 

because population projections would 

be used instead of current-year status 

information. However, the uncertainty 

associated with these predictions will 

be accounted for through the adaptive 

management process. This uncertainty 

is not expected to result in a 

disproportionately higher harvest rate 

for any stock, nor is it likely to 

substantially diminish harvest 

opportunities, either annually or on a 

cumulative basis. Reducing the number 

of meetings could lower administrative 

costs by 40 percent per year and 

substantially lower the Service’s carbon 

footprint due to a decrease in travel and 

a reduction in the costs associated with 

the additional meetings. 

Obviously, under this new process, 

the administrative, meeting, and 

Federal Register schedule will all 

change significantly. In the ROD, we 

described a meeting schedule consisting 

of SRC regulatory meetings in March or 

April. At the latest, proposed 

frameworks would be available for 

public review by early June and final 

frameworks published by mid-August. 

The new schedule also allows 30–60 

days for public input and comments 

(currently, the comment period can be 

as short as 10 days). Further, the ROD 

stated that the four Flyway Councils 

may need to meet only once instead of 

twice per year, and the SRC would meet 

twice a year, once sometime during fall 

or early winter (September through 

January) and once thereafter, instead of 

the three times they currently convene. 

Over the last year we have worked 

with the Flyway Councils on a number 

of administrative, meeting, and Federal 

Register schedule timing options to 

implement the new regulatory process. 

As we stated in the September 23, 2014, 

final rule (79 FR 56864), these 

discussions have led us to a mutually 

agreeable regulatory schedule that 

begins earlier than was envisioned in 

the ROD. We plan to implement the new 

regulatory schedule this summer when 

the regulatory cycle begins for the 2016– 

17 hunting seasons. As a benefit to the 

public, we will again review and 

discuss these changes here before their 

implementation this summer because of 

the significantly different regulatory 

schedule and the fact that the process 

will begin much earlier than that 

currently utilized. 

Major steps in the 2016–17 regulatory 

cycle relating to biological information 

availability, open public meetings, and 

Federal Register notifications are 

illustrated in the diagram at the end of 

this rule. Dates, including survey and 

assessment information and 

publications of Federal Register 

documents are target dates largely 

consisting of either specific targets or 

target windows. Additional information 

on meeting dates and locations will be 

provided later this year with publication 

of specific meeting notices and the 

proposed rulemaking for the 2016–17 

hunting seasons. 

In summary, the 2016–17 regulatory 

schedule would begin in mid-June 2015 

with the first SRC meeting of the 

forthcoming year. Flyway technical 

sections and councils would then meet 

in September and early October 

following the release of the waterfowl 

and webless population status reports in 

mid-August and the AHM report in 

early September. After the last Flyway 

Council meeting, the SRC and Flyway 

Council Consultants would meet to 

review information on the current status 

of migratory shore and upland game 

birds and waterfowl and develop 

recommendations for the 2016–17 

regulations for these species. Proposed 

season frameworks, a 30-day public 

comment period, and final season 

frameworks would then culminate with 

publication of all migratory game bird 

hunting seasons in late May to mid-June 

of 2016 for the 2016–17 hunting 

seasons. 

As we previously stated, however, 

there will remain some technical work 

necessary over a period of years to 

adjust the underlying biological models 

to the new regulatory time scale. We 

look forward to continuing work on 

these issues with the Flyway Councils. 

For a more detailed discussion of the 

various technical aspects of the new 

process, we refer the reader to the 2013 

SEIS available on our Web site at http:// 

www.fws.gov/migratorybirds. 


tkelley on DSK3SPTVN1PROD with PROPOSALS2

EP13AP15.001</GPH>tkelley on DSK3SPTVN1PROD with PROPOSALS2

SCHEDULE OF REGULATIONS MEETINGS AND FEDERAL REGISTER PU

FOR THE 2015-16 SEASONS 

January 28, 2015 

------------ --------------- Service ReQulations Committee MeetinQ - ---

March 1, 2015 II .I 

PROPOSED RULEMAKING (PRELIMINARY) II I PROPO

February/March WIT

Flyway Technical Committee Meetings 

March 10,2015 

FLYWAY COUNCIL MEETINGS 

May 15,2015 

SUPPLEMENTAL PROPOSED RULEMAKING II SUPPLE

Early Seasons Late Seasons 

I June 24-25, 2015 

Service ReQulations Committee MtQ. 

I. July 16,2015 II 

PROPOSED EARLY SEASON FRAMEWORKS II 

Mid-July 

Flyway Technical Committee Mtgs. 

FLYWAY COUNCIL MEETINGS 

I August 17,2015 FINAL EARLY SEASON FRAMEWORKS II July29-30, 2015 

Service ReQulations Committee MtQ. 

i August31,2015 II II 

EARLY HUNTING SEASONS SELECTIONS II II PROPO

I September 1st and later 

EARLY HUNTING SEASONS FINA

LATE 

Saturday nearest September 24 and later 

LATE HUNTING SEASONS 

EP13AP15.002</GPH>tkelley on DSK3SPTVN1PROD with PROPOSALS2

PROPOSED REGULATORY ALTERNATIVES FOR DUCK HUNTING DURING THE 

ATLANTIC FLYWAY MISSISSIPPI FLYWAY CENTRAL FLYWAY (a) 

RES I MOD I LIB RES I MOD I LIB RES I MOD I LIB R

Beginning 112 hr. 112 hr. 112 hr. 112 hr. 112 hr. 112 hr. 112 hr. 112 hr. 112 hr. 11

Shooting before before before before before before before before before be

Time sunrise sunrise sunrise sunrise sunrise sunrise sunrise sunnse sunrise sun

Ending 

Shooting Sunset Sunset Sunset Sunset Sunset Sunset Sunset Sunset Sunset Su

Time 

Opening Oct.1 Sat. nearest Sat. nearest Sat. nearest Sat. nearest Sat. nearest Sat. nearest Sat. nearest Sat. nearest Sat. n

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

Closing Jan. 20 Last Sunday Last Sunday Sun. nearest Last Sunday Last Sunday Sun. nearest Last Sunday Last Sunday Sun. n

Date in Jan. in Jan. Jan. 20 in Jan. in Jan. Jan. 20 in Jan. in Jan. Jan

Season 30 45 60 30 45 60 39 60 74 6

Length (in days) 

Daily Bag 3 6 6 3 6 6 3 6 6 

Species/Sex Limits within the Overall Daily Bag Limit 

Mallard (Total/Female) 311 4/2 412 211 411 4/2 311 511 512 3

(a) In the High Plains Mallard Management Unit, all regulations would be the same as the remainder of the Central Flyway. with the exception of season length. Add

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 Sa

December 10. 

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

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

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

alternative, and 7-10 under the moderate and liberal alternatives. Under all alternatives, season length would be 107 days and framework dates would be Sep. 1 
BILLING CODE 4310–55–C 

[FR Doc. 2015–08152 Filed 4–10–15; 8:45 am] 


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SCHEDULE OF BIOLOGICAL INFORMATION AVAILABILITY, REGULATIONS 

FEDERAL REGISTER PUBLICATIONS FOR THE 2016-17 SEAS

SURVEY & ASSESSMENT SCHEDULE MEETING SCHEDULE FEDER

March- June, 2015 II 

SPRING POPULATION SURVEYS II 

I June 25, 2015- Falls Church, VA SRC Meetin!l (nonre!;!ulatory) I 

August 15, 2015 II II 

'ATERFOWL & WEBLESS STATUS PROPOSED 

WITH 

September 1, 2015 

AHM REPORT WOPTIMAL ALTERNATIVES, 

MCP CRANE STATUS INFORMATION, 

MOURNING DOVE and WOODCOCK I September 1- October 15, 2015 REGULATORY ALTERNATIVES Flyway Tech And Council Meetings I 

I 

October 28-29, 2015- Minneapolis, MN 

I Service Regulations Committee Regulatory Meeting 

December 1, 2015 

ZONE & SPLIT SEASON SELECTIONS DUE 

FOR 20161MPLEMENTA TION PROPOS

(3

December 15, 2015- January 31, 2016 

RMP, EP, and LCRVP CRANE, SWAN 

BRANT, and GOOSE 

MWS STATUS INFORMATION I March 14-18, 2016 (at North Am. Coni) I Flyway Council Mt!ls (nonre!;!ulatory) 

II II FINAL 

May 1, 2016 

ZONE & SPLIT SEASON SELECTIONS DUE 

FOR 20171MPLEMENTATION ALL HUNT

(Sea

I September 1, 2016 and later ALL HUNTING SEASONS I