Authorization Conditions and State Seasons for Seasonal Migratory Game Bird Hunting

Issuing agencies

Abstract

The U.S. Fish and Wildlife Service (Service or we) announces the availability of the 2026 Migratory Game Bird Hunting (MGBH) Memorandum setting forth the authorization conditions (conditions or limits) within which States and Tribes may establish their hunting regulations for certain migratory game birds. The conditions include species for which seasons may be opened, season dates, season lengths, shooting hours, bag and possession limits, areas where migratory game bird hunting may occur, and other restrictions. The conditions are necessary to allow States and Tribes to establish their migratory game bird hunting regulations and to allow harvest at levels compatible with migratory game bird population status and habitat conditions. Migratory game bird hunting seasons provide opportunities for recreation and sustenance, and aid Federal, State, and Tribal governments in the management of migratory game birds. We are also announcing the availability of the 2026 memorandum with seasons, hours, areas, and daily bag and possession limits for migratory game bird hunting in certain States that requested we publish these. Taking of migratory birds is prohibited unless specifically provided for in this memorandum and other applicable State and Federal regulations.

Full Text

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<title>Federal Register, Volume 91 Issue 167 (Monday, August 31, 2026)</title>
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[Federal Register Volume 91, Number 167 (Monday, August 31, 2026)]
[Notices]
[Pages 55892-55894]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17732]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-HQ-MB-2026-3335; FF09M32000-267-FXMB1231099BPP0]


Authorization Conditions and State Seasons for Seasonal Migratory 
Game Bird Hunting

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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SUMMARY: The U.S. Fish and Wildlife Service (Service or we) announces 
the availability of the 2026 Migratory Game Bird Hunting (MGBH) 
Memorandum setting forth the authorization conditions (conditions or 
limits) within which States and Tribes may establish their hunting 
regulations for certain migratory game birds. The conditions include 
species for which seasons may be opened, season dates, season lengths, 
shooting hours, bag and possession limits, areas where migratory game 
bird hunting may occur, and other restrictions. The conditions are 
necessary to allow States and Tribes to establish their migratory game 
bird hunting regulations and to allow harvest at levels compatible with 
migratory game bird population status and habitat conditions. Migratory 
game bird hunting seasons provide opportunities for recreation and 
sustenance, and aid Federal, State, and Tribal governments in the 
management of migratory game birds. We are also announcing the 
availability of the 2026 memorandum with seasons, hours, areas, and 
daily bag and possession limits for migratory game bird hunting in 
certain States that requested we publish these. Taking of migratory 
birds is prohibited unless specifically provided for in this memorandum 
and other applicable State and Federal regulations.

DATES: 
    Comments: You may comment on the MGBH Memorandum, specifically 
selection of the alternative conditions in our decision frameworks 
based on application of current data, until September 30, 2026.
    State proposed annual regulations: Each State's proposed annual 
regulations for migratory game bird hunting is due to the Service by 
May 31 each year. With respect to the 2026-27 season, each State's 
proposed regulations have already been received by the Service.

ADDRESSES: You may view the MGBH Memorandum containing the conditions 
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-HQ-MB-2026-3335, on 
the Service's website at <a href="https://www.fws.gov/program/migratory-birds">https://www.fws.gov/program/migratory-birds</a>, 
or by contacting the person listed under FOR FURTHER INFORMATION 
CONTACT, below.
    Comment submission: All submissions must include the docket number 
FWS-HQ-MB-2026-3335 for this document. You must submit comments by one 
of the following methods:
    <bullet> Electronic submission: Federal eRulemaking Portal at: 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the Search box, enter FWS-HQ-MB-2026-
3335, which is the docket number for this action. Then click the Search 
button. On the resulting page, you may submit a comment by clicking on 
``Comment.'' Please ensure that you have found the correct document 
before submitting your comments.
    <bullet> U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-HQ-MB-2026-3335, Policy and Regulations Branch, U.S. Fish and 
Wildlife Service, MS: PRB (JAO/3W), 5275 Leesburg Pike, Falls Church, 
VA 22041-3803.
    Comments submitted through any method not authorized in this 
document, or sent to an address not listed here, will not be 
considered. We will not accept comments via email, fax, or hand 
delivery. We are not required to consider comments that are submitted 
after the comment period ends or that are submitted via a method 
outside of these instructions. Comments containing profanity, 
vulgarity, threats, or other inappropriate content will not be 
considered.
    We will post all comments at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. You may 
request that we withhold personal identifying information from public 
review; however, we cannot guarantee that we will be able to do so.
    Document availability: Comments and materials we receive, as well 
as supporting documentation we used in preparing this notice, will be 
available for public inspection on <a href="https://www.regulations.gov">https://www.regulations.gov</a> at 
Docket No. FWS-HQ-MB-2026-3335, or by contacting the person listed 
under FOR FURTHER INFORMATION CONTACT, below.
    State proposed annual regulations: States should send their 
proposed annual regulations for migratory game bird hunting by email to 
the Service's corresponding Flyway Representative, or by U.S. mail at 
Division of Migratory Bird Management, U.S. Fish and Wildlife Service, 
MS: MB, 5275 Leesburg Pike, Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Jerome Ford, U.S. Fish and Wildlife 
Service, Department of the Interior, (703) 358-2606. 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: Migratory game birds are those bird species 
so designated in conventions between the United States and several 
foreign nations for the protection and management of these birds. Under 
the Migratory Bird Treaty Act (MBTA; 16 U.S.C. 703-712), the Secretary 
of the Interior is authorized to determine when ``hunting, taking, 
capture, killing, possession, sale, purchase, shipment, transportation, 
carriage, or export of any such bird, or any part, nest, or egg'' of 
migratory game birds can take place, and to adopt regulations for this 
purpose (16 U.S.C. 704(a)). These regulations give 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)). This responsibility has been delegated to 
the Service as the lead Federal agency for managing and conserving 
migratory birds in the United States. However, migratory bird 
management is a cooperative effort of Federal, State, and Tribal 
governments.
    The Service adopted general regulations for migratory game bird 
hunting, which are set forth in title 50 of the Code of Federal 
Regulations (CFR) at 50 CFR part 20. These regulations provide that the 
Service will establish the conditions (limits) from which States and 
Tribes may establish their seasonal migratory game bird hunting 
regulations. The limits include season dates, season lengths, shooting 
hours, bag and possession limits, areas where migratory game bird 
hunting may occur, and other restrictions, and are communicated via the 
MGBH Memorandum and notification in the Federal Register. These limits 
are necessary to allow harvest at levels compatible with migratory game 
bird

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population status and habitat conditions. After the conditions are 
established, States and Tribes may establish their migratory game bird 
hunting regulations within the conditions and in accordance with our 
general regulations at 50 CFR 20. We provided a detailed overview of 
the process for establishing the conditions for seasonal migratory game 
bird hunting in the June 26, 2026, Federal Register (91 FR 38543).
    We provided the meeting dates and locations for the Service 
Migratory Bird Regulations Committee (SRC; <a href="https://www.fws.gov/event/us-fish-and-wildlife-service-migratory-bird-regulations-committee-meeting">https://www.fws.gov/event/us-fish-and-wildlife-service-migratory-bird-regulations-committee-meeting</a>) and Flyway Council (<a href="https://www.fws.gov/partner/migratory-bird-program-administrative-flyways">https://www.fws.gov/partner/migratory-bird-program-administrative-flyways</a>) meetings on our website. The SRC 
conducts open meetings with the Flyway Council Consultants to review 
information on the current status of migratory game birds and their 
habitats. Using this information, the SRC develops recommendations for 
the conditions for seasonal migratory game bird hunting. The most 
recent SRC meetings were held on December 16, 2025, and May 5, 2026. We 
have considered all pertinent comments received, which includes 
comments submitted in response to our previous Federal limits published 
in the August 18, 2025, Federal Register (90 FR 40178) and comments 
from the SRC meetings.
    This notice makes available the 2026 MGBH Memorandum that contains 
the conditions for migratory game bird hunting. The Service will 
continue to make annual decisions on appropriate harvest levels and 
will update this notice and the MGBH Memorandum if changes are 
prescribed by applying biological data to our decision frameworks 
annually. Please see ADDRESSES, above, for information on how to view 
the MGBH Memorandum. If we receive substantive public comments 
indicating revisions to the MGBH Memorandum are necessary, particularly 
for errors in applying current data to the decision frameworks to 
select the appropriate limits among alternatives, we will update the 
MGBH Memorandum and publish a notice making available the revised MGBH 
Memorandum. Any administrative corrections to the conditions would be 
made immediately through the MGBH Memorandum available on the Service's 
Migratory Bird Program website or by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT. Each State's proposed annual 
regulations for migratory game bird hunting are due on the date 
specified above in DATES.
    Our long-term objectives continue to include providing 
opportunities to harvest portions of certain migratory game bird 
populations and to limit harvests to levels compatible with each 
population's ability to maintain healthy, viable numbers. Having taken 
into account the zones of temperature and the distribution, abundance, 
economic value, breeding habits, and times and lines of flight of 
migratory game birds, we conclude that the hunting seasons provided for 
in the MGBH memorandum are compatible with the current status of 
migratory game bird populations and long-term population goals. 
Additionally, we are obligated to, and do, give serious consideration 
to all information received during the public comment period.

Population Status and Harvest

    We periodically publish reports that provide detailed information 
on the status and harvest of certain migratory game bird species. These 
reports contain descriptions of species population segments referenced 
in status assessments. These reports are available by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT or from our website 
at <a href="https://www.fws.gov/library/collections/population-status">https://www.fws.gov/library/collections/population-status</a>, <a href="https://www.fws.gov/library/collections/migratory-bird-hunting-activity-and-harvest-reports">https://www.fws.gov/library/collections/migratory-bird-hunting-activity-and-harvest-reports</a>, and <a href="https://www.fws.gov/project/adaptive-harvest-management">https://www.fws.gov/project/adaptive-harvest-management</a>.
    We used the most recently published reports in the development of 
the MGBH Memorandum:
    <bullet> Adaptive Harvest Management;
    <bullet> American Woodcock Population Status;
    <bullet> Band-tailed Pigeon Population Status;
    <bullet> Migratory Bird Hunting Activity and Harvest;
    <bullet> Mourning Dove Population Status;
    <bullet> Status and Harvests of Sandhill Cranes, Mid-continent, 
Rocky Mountain, Lower Colorado River Valley and Eastern Populations; 
and
    <bullet> Waterfowl Population Status.

Regulatory Impact Analysis

    The nationwide economic effects generated by migratory game bird 
hunting are substantial, estimated at about $2.7 billion in associated 
economic activity based on data from the 2011 and the 2016 National 
Survey of Fishing, Hunting, and Wildlife-Associated Recreation, the 
most recent years for which data are available. Small, incremental 
adjustments made to Federal migratory bird hunting conditions are not 
expected to materially alter those underlying economic inputs nor 
impose additional Federal costs. Annual adjustments to season lengths 
and bag limits have historically produced minimal and highly variable 
economic effects, and available evidence shows hunter participation 
remains unchanged by these adjustments. A regulatory impact analysis 
associated with the relative changes in Federal conditions was prepared 
for the 2026-27 migratory game bird hunting season. Copies of the 
regulatory impact analysis are available from <a href="https://www.regulations.gov">https://www.regulations.gov</a> at Docket No. FWS-HQ-MB-2026-3335 or upon request 
from the person listed above under FOR FURTHER INFORMATION CONTACT.
    The conditions established by this notice and MGBH Memorandum allow 
States and Tribes to establish their regulations authorizing seasonal 
migratory game bird hunting. A wide range of businesses and individuals 
benefit economically from the establishment of State and Tribal 
migratory game bird hunting seasons. Migratory game bird seasons could 
be considered economically significant at the State level depending on 
the baseline.

National Environmental Policy Act and Endangered Species Act

    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 criteria of the National Environmental Policy Act (NEPA; 42 
U.S.C. 4321 et seq.) compliance by the Service for issuance of the 
annual framework regulations for hunting of migratory game bird 
species. We published a notice of availability in the Federal Register 
on May 31, 2013 (78 FR 32686), and our Record of Decision on July 26, 
2013 (78 FR 45376). This EIS and Record of Decision are part of the 
record for this notice and available for public inspection as provided 
in ADDRESSES, Document availability.
    Section 7 of the Endangered Species Act of 1973, as amended (16 
U.S.C. 1531 et seq.), provides that the Secretary shall insure that any 
action authorized, funded, or carried out is not likely to jeopardize 
the continued existence of any endangered species or threatened species 
or result in the destruction or adverse modification of critical 
habitat. We conducted a formal consultation to ensure that actions 
resulting from these regulations will not likely jeopardize the 
continued existence of endangered or

[[Page 55894]]

threatened species or result in the destruction or adverse modification 
of their critical habitat. Findings from this consultation are included 
in a biological opinion, which concludes that the authorization 
conditions are not likely to jeopardize the continued existence of any 
endangered or threatened species or result in the destruction or 
adverse modification of critical habitat. The biological opinion 
resulting from this section 7 consultation is part of the record for 
this notice and available for public inspection as provided in 
ADDRESSES, Document availability.

Public Comments

    The Department of the Interior's policy is, whenever practicable, 
to afford the public an opportunity for public comment. Accordingly, we 
invite interested persons to submit written comments regarding the MGBH 
memorandum made available through this notice. Comments should be 
specific to selection of the alternative conditions in our decision 
frameworks based on application of current data.
    We will consider all pertinent comments we receive. Such comments, 
and any additional information we receive, may lead to changes, 
particularly editorial corrections, to the MGBH Memorandum. We would 
make purely administrative or nonsubstantive corrections to the MGBH 
memorandum immediately, without public comment, and would identify such 
changes in the revised MGBH Memorandum. In addition, for substantive 
changes, we would publish a notice in the Federal Register making 
available the revised MGBH Memorandum. The revised MGBH Memorandum 
would include a response to public comments that addresses the 
substantive revisions.
    You must submit your comments and materials concerning the MGBH 
Memorandum by one of the methods listed in ADDRESSES. We will not 
accept comments sent by email or fax or to an address not listed in 
ADDRESSES. Finally, we will not consider mailed comments that are not 
postmarked by the date specified in DATES. We will post all comments in 
their entirety--including your personal identifying information--on 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 the 
MGBH memorandum and this document, will be available for public 
inspection on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
    Authority: The authority for this action is the Migratory Bird 
Treaty Act (16 U.S.C. 703-712).

Kevin Lilly,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2026-17732 Filed 8-27-26; 4:15 pm]
BILLING CODE 4333-15-P


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