Notice2024-05188
Agency Information Collection Activities; Submission to the Office of Management and Budget; Establishment of Annual Migratory Bird Hunting Seasons
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 12, 2024
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to revise a currently approved information collection.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 49 (Tuesday, March 12, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Notices]
[Pages 17869-17872]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05188]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-HQ-MB-2024-N005; FXMB1231099BPP0-245-FF09M32000; OMB Control
Number 1018-0171]
Agency Information Collection Activities; Submission to the
Office of Management and Budget; Establishment of Annual Migratory Bird
Hunting Seasons
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of information collection; request for comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we,
the U.S. Fish and Wildlife Service (Service), are proposing to revise a
currently approved information collection.
DATES: Interested persons are invited to submit comments on or before
April 11, 2024.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be submitted within 30 days of
publication of this notice at <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find this particular information collection by selecting
``Currently under Review--Open for Public Comments'' or by using the
search function. Please provide a copy of your comments to the Service
Information Collection Clearance Officer, U.S. Fish and
[[Page 17870]]
Wildlife Service, MS: PRB (JAO/3W), 5275 Leesburg Pike, Falls Church,
VA 22041-3803 (mail); or by email to <a href="/cdn-cgi/l/email-protection#95dcfbf3facad6faf9f9d5f3e2e6bbf2fae3"><span class="__cf_email__" data-cfemail="420b2c242d1d012d2e2e022435316c252d34">[email protected]</span></a>. Please
reference ``1018-0171'' in the subject line of your comments.
FOR FURTHER INFORMATION CONTACT: To request additional information
about this information collection request (ICR), contact Madonna L.
Baucum, Service Information Collection Clearance Officer, by email at
<a href="/cdn-cgi/l/email-protection#743d1a121b2b371b1818341203075a131b02"><span class="__cf_email__" data-cfemail="7b32151d1424381417173b1d0c08551c140d">[email protected]</span></a>, or by telephone at (703) 358-2503. Individuals in
the United States who are deaf, deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction
Act of 1995 and 5 CFR 1320.8(d)(1), we provide the general public and
other Federal agencies with an opportunity to comment on new, proposed,
revised, and continuing collections of information. This helps us
assess the impact of our information collection requirements and
minimize the public's reporting burden. It also helps the public
understand our information collection requirements and provide the
requested data in the desired format.
On November 20, 2023, we published in the Federal Register (88 FR
80745) a notice of our intent to request that OMB approve this
information collection. In that notice, we solicited comments for 60
days, ending on January 19, 2024. In an effort to increase public
awareness of, and participation in, our public commenting processes
associated with information collection requests, the Service also
published the Federal Register notice on <a href="http://Regulations.gov">Regulations.gov</a> (Docket No.
FWS-HQ-MB-2023-0211), to provide the public with an additional method
to submit comments (in addition to the typical U.S. mail submission
methods). We received two comments in response to that notice which did
not address the information collection requirements. No response to
those comments is required.
In addition to soliciting public comments on the information
collection requirements in the Federal Register notice, we consult
annually with State and Tribal governments annually and on an ongoing
basis throughout the rulemaking process. The Service publishes a series
of proposed and final rulemaking documents for the establishment of the
upcoming annual hunting seasons. Follow-up Federal Register
publications discuss and propose the frameworks for the upcoming season
migratory bird hunting regulations. Comments and recommendations are
summarized and published as part of a follow-on proposed rule.
In addition, we also conduct consultation and outreach as part of
this process through the involvement of the flyway councils.
Acknowledging regional differences in hunting conditions, the Service
has administratively divided the Nation into four flyways for the
primary purpose of managing migratory game birds. Each flyway
(Atlantic, Mississippi, Central, and Pacific) has a flyway council, a
formal organization generally composed of one member from each State
and Province in that flyway. The flyway councils, established through
the Association of Fish and Wildlife Agencies, also assist in
researching and providing migratory game bird management information
for Federal, State, and provincial governments, as well as private
conservation entities and the general public.
As part of our continuing effort to reduce paperwork and respondent
burdens, we are again soliciting comments from the public and other
Federal agencies on the proposed ICR that is described below. We are
especially interested in public comment addressing the following:
(1) Whether or not the collection of information is necessary for
the proper performance of the functions of the agency, including
whether or not the information will have practical utility;
(2) The accuracy of our estimate of the burden for this collection
of information, including the validity of the methodology and
assumptions used;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) How might the agency minimize the burden of the collection of
information on those who are to respond, including through the use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of response.
Comments that you submit in response to this notice are a matter of
public record. Before including your address, phone number, email
address, or other personal identifying information in your comment, you
should be aware that your entire comment--including your personal
identifying information--may be publicly available at any time. While
you can ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Abstract: Migratory game birds are those bird species so designated
in conventions between the United States and several foreign nations
for the protection and management of these birds. Under the Migratory
Bird Treaty Act (16 U.S.C. 703-712), the Secretary of the Interior is
authorized to determine when ``hunting, taking, capture, killing,
possession, sale, purchase, shipment, transportation, carriage, or
export of any such bird, or any part, nest, or egg'' of migratory game
birds can take place, and to adopt regulations for this purpose. These
regulations are written after giving due regard to ``the zones of
temperature and to the distribution, abundance, economic value,
breeding habits, and times and lines of migratory flight of such
birds'' (16 U.S.C. 704(a)) and are updated annually. This
responsibility has been delegated to the Service as the lead Federal
agency for managing and conserving migratory birds in the United
States. However, migratory bird management is a cooperative effort of
State, Tribal, and Federal governments. Migratory game bird hunting
seasons provide opportunities for recreation and sustenance; aid
Federal, State, and Tribal governments in the management of migratory
game birds; and permit harvests at levels compatible with migratory
game bird population status and habitat conditions.
The Service develops migratory game bird hunting regulations by
establishing the frameworks, or outside limits, for season dates,
season lengths, shooting hours, bag and possession limits, and areas
where migratory game bird hunting may occur. Acknowledging regional
differences in hunting conditions, the Service has administratively
divided the Nation into four flyways for the primary purpose of
managing migratory game birds. Each flyway (Atlantic, Mississippi,
Central, and Pacific) has a flyway council, a formal organization
generally composed of one member from each State and in that flyway.
The flyway councils, established through the Association of Fish and
Wildlife Agencies, also assist in researching and providing migratory
game bird management information for Federal, State, provincial, and
Tribal governments, as well as private conservation entities and the
general public.
The information identified below, solicited annually from State
(including
[[Page 17871]]
U.S. territory) governments, is necessary to establish annual migratory
bird hunting seasons. The required information, received at various
times in the year prior to the actual hunting season as part of the
rulemaking process described above, is used by the Service as part of
the final rulemaking process necessary to open annual hunting seasons
otherwise closed by law.
1. Information Requested from States and U.S. Territories to
Establish Annual Migratory Bird Hunting Seasons--State and U.S.
territory governments that wish to establish annual migratory game bird
hunting seasons are required to provide the requested dates and other
details for hunting seasons in their respective States or Territories.
The information is provided to the Service in a non-form format,
usually via letter or spreadsheet, in response to solicitations for the
information sent to the State governments each year via an emailed
letter and as part of the first final rule (for the frameworks).
2. Reports (50 CFR part 20)--The following reports are requested
from the States and are submitted either annually or every 3 years as
explained in the following text. (Note: Below, we have annotated
changes, if any, to the reporting requirements since OMB's last
approval.)
a. Reports from Experimental Hunting Seasons and Season Structure
Changes (Required):
i. Atlantic Flyway Council:
<bullet> Delaware--Experimental tundra swan season (yearly updates
and final report). (Removed--completed.)
<bullet> Connecticut, Maryland, North Carolina, and Virginia--
Evaluation of the two zone and three segment duck season zone-split
configuration, including impacts on hunter dynamics (e.g., hunter
numbers, satisfaction) and harvest during the 2021-25 seasons (final
report for each State). (New.)
ii. Mississippi Flyway Council:
<bullet> Alabama--Experimental sandhill crane season (yearly
updates and final report). (Removed--completed.)
<bullet> Minnesota--Experimental early teal season (yearly updates
and final report).
<bullet> Louisiana--Evaluation of the two zone and three segment
duck season zone-split configuration, including impacts on hunter
dynamics (e.g., hunter numbers, satisfaction) and harvest during the
2021-25 seasons (final report). (New.)
iii. Central Flyway Council:
<bullet> New Mexico--Sandhill crane season in Estancia Valley
(yearly updates and final report). Now operational--Annual data are
still required, but there is not a final report, since this monitoring
will occur in perpetuity (or as long as the State has that hunt area).
(Removed--experiment completed; moved to State-specific, below.)
<bullet> South Dakota and Nebraska--Experimental two-tier hunting
regulations study per the terms of the study plan and memorandum of
agreement among these States and the Service (yearly updates and final
report).
<bullet> Wyoming--Split (three-way) season for Canada geese (final
report only). (Removed--completed.)
iv. Pacific Flyway Council:
<bullet> California--Split (three-way) season for white-fronted
geese (final report only). (Removed--completed.)
<bullet> Idaho--Experimental swan season (yearly updates and final
report). (Removed--completed.)
v. Additional State-Specific Annual Reports:
<bullet> Arizona--Sandhill crane season harvest and subspecies
composition (3-year intervals).
<bullet> New Mexico--Sandhill crane season harvest and subspecies
composition in Estancia Valley (yearly). (Revised--relocated from
Central Flyway Council experimental reports above.)
<bullet> Delaware, North Carolina, and Virginia--Tundra swan season
hunter participation and harvest (yearly). (Revised to add Delaware.)
<bullet> Montana (Central Flyway portion), North Dakota, and South
Dakota--Tundra swan season hunter participation and harvest (yearly).
(Revised--relocated Montana and South Dakota to separate bullet,
below.)
<bullet> Montana (Central Flyway portion) and South Dakota--Swan
season hunter participation, harvest, species composition, and hunter
compliance rates in providing species-determinant parts or bill
measurements of harvested swans for species identification (yearly).
(Revised.)
<bullet> Idaho, Montana (Pacific Flyway Portion), Utah, and
Nevada--Swan season hunter participation, harvest, species composition,
and hunter compliance rates in providing species-determinant parts or
bill measurements of harvested swans for species identification
(yearly). (Revised to add Idaho and Montana.)
Reports and monitoring are used for a variety of reasons. Some are
used to monitor species composition of the harvest for those areas
where species intermingling can confound harvest management, and
potential overharvest of one species can be of management concern.
Others are used to determine overall harvest for those species and/or
areas that are not sampled well by our overall harvest surveys due to
either the limited nature/area of the hunt or season, or where the
harvest requires close monitoring. Experimental season reports are used
to determine whether the experimental season is achieving its intended
goals and objectives, without causing unintended harm to other species
and ultimately whether the experimental season should proceed to
operational status. Most experimental seasons are 3-year trials with
yearly reports and a final report. Most of the other reports and
monitoring are conducted either annually or at 3-year intervals.
Proposed Revisions
1. (REVISION) Submissions of Tribal Proposals--Under the
regulations in the Service's September 1, 2023, final rule (RIN 1018-
BF64; 88 FR 60375), we removed the requirement that Tribes annually
submit their proposed migratory game bird hunting regulations (and
associated monitoring, anticipated harvest, and capabilities for
regulation development and enforcement) for our review and approval. We
also will no longer publish special Tribal migratory game bird hunting
regulations in the Federal Register (i.e., a proposed and final rule).
The regulations set forth in the September 1, 2023, final rule adopted
elements of our guidelines in use since 1985 for establishing special
migratory game bird hunting regulations on Federal Indian reservations
(including off-reservation trust lands) and ceded lands. Tribes that
comply with these regulations will be authorized to independently
establish special Tribal migratory bird hunting regulations. However,
if circumstances change and data indicates migratory game bird
populations are substantially declining or Tribal hunting increases
significantly, we will reevaluate the regulations at 50 CFR 20.110.
By allowing Tribes to independently establish special migratory
bird hunting regulations, the Service recognizes Tribal sovereignty to
exercise reserved hunting rights and, for some Tribes, recognizes
Tribal authority to regulate hunting by both Tribal and non-Tribal
members on their reservations. The September 1, 2023, final rule
extended to Tribes with reserved hunting rights the same autonomy as
the States to independently establish migratory game bird hunting
seasons for non-Tribal members within annually established,
biologically appropriate Federal outside limits. As an alternative to
promulgating special Tribal migratory game bird hunting regulations,
Tribes may choose to observe the hunting regulations established by the
State or States in
[[Page 17872]]
which the reservations are located. We coordinated with Tribes over the
past 2 years via letters and four webinars as we developed this new
regulatory approach for Tribal self- management of the harvest, and we
have received positive feedback. The new system will reduce the annual
administrative burden on both the Tribes and the Service to propose,
review, and publish special migratory game bird hunting regulations
while continuing to sustain healthy migratory game bird populations for
future generations.
2. (NEW) Requests for Consultation (Tribes/States)--The new
regulations in the final rule (88 FR 60375, September 1, 2023) also may
be applied to the establishment of migratory game bird hunting
regulations for non-Tribal members on all lands within the reservations
where Tribes have full wildlife-management authority over such hunting,
or where the Tribes and affected States otherwise have reached
agreements over hunting by non-Tribal members on non-Indian lands
within the reservation. Tribes usually have the authority to regulate
migratory game bird hunting by nonmembers on Indian-owned reservation
lands.
The question of jurisdiction is more complex on reservations that
include lands owned by non-Indians, especially when the surrounding
States have established or intend to establish regulations governing
migratory game bird hunting by non-Indians on these lands. In those
cases, we encourage the Tribes and States to reach agreement on
regulations that would apply throughout the reservations. When
appropriate, we will consult with a Tribe and State with the aim of
facilitating an accord. We also will consult jointly with Tribal and
State officials in the affected States where Tribes may wish to
establish special migratory game bird hunting regulations for Tribal
members on ceded lands.
It is incumbent upon the Tribe and/or the State to request
consultation. We will not presume to make a determination, without
being advised by either a Tribe or a State, that any issue is or is not
worthy of formal consultation. Tribal and State requests for
consultation with the Service should be sent to the Service's Assistant
Director for the Migratory Bird Program. We note that our guidance on
resolving issues of concern between Tribes and States on reservations
and ceded lands is the same guidance we provided under the previous
Tribal regulation process.
3. (NEW) Requests for Experimental Seasons (Tribes)--We will
continue to consult with Tribes that wish to reach a mutual agreement
(memorandum of understanding (MOU) or similar type of formal agreement)
on conducting short-term (possibly several years) experimental hunting
seasons using methods outside of the Federal hunting methods at 50 CFR
20.21 for on-reservation and ceded lands hunting by Tribal members. The
Tribal-member-only experimental hunting season would provide data and
evaluation criteria specified in an agreement for consideration if a
Tribe would like to make the additional hunting method operational.
Tribes should send such requests for consultation to the Service's
Assistant Director for the Migratory Bird Program at least 9 months
before the season or ceremony regarding hunting methods outside of the
Federal regulations.
If any individual Tribe wishes to make these additional
experimental hunting methods operational and the Service agrees, the
Service will conduct rulemaking (using any data from the experimental
hunting season) to amend 50 CFR part 20 to allow Tribal members to use
these additional hunting methods.
Starting with the 2023-24 hunting season, annual Tribal hunting
season regulations will no longer be published in the Federal Register,
alleviating the administrative burden to both the Service and the
Tribes of developing special Tribal migratory bird hunting regulation
proposals, reviewing proposals, and publishing Tribal regulations as
Federal regulations. This process will not apply to seasons for
subsistence take of migratory birds in Alaska.
Title of Collection: Establishment of Annual Migratory Bird Hunting
Seasons, 50 CFR part 20.
OMB Control Number: 1018-0171.
Form Numbers: None.
Type of Review: Revision of a currently approved collection.
Respondents/Affected Public: State and Tribal governments.
Total Estimated Number of Annual Respondents: 52 (from State
governments and Territories).
Total Estimated Number of Annual Responses: 78 (from 52 State and
U.S. Territories, as well as 26 additional reports).
Estimated Completion Time per Response: Varies from 1 hour to 650
hours, depending on activity.
Total Estimated Number of Annual Burden Hours: 11,423.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: Annually.
Total Estimated Annual Non-hour Burden Cost: None.
An agency may not conduct or sponsor and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number.
The authority for this action is the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.).
Madonna Baucum,
Information Collection Clearance Officer, U.S. Fish and Wildlife
Service.
[FR Doc. 2024-05188 Filed 3-11-24; 8:45 am]
BILLING CODE 4333-15-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 12, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.