Agency Information Collection Activities; Establishment of Annual Migratory Bird Hunting Seasons

Issuing agencies

Abstract

In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew an existing information collection without change.

Full Text

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<title>Federal Register, Volume 91 Issue 207 (Wednesday, October 28, 2026)</title>
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[Federal Register Volume 91, Number 207 (Wednesday, October 28, 2026)]
[Notices]
[Pages 67849-67852]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21998]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-HQ-MB-2026-4291; FXMB1231099BPP0-278-FF09M32000; OMB 
Control Number 1018-0171]


Agency Information Collection Activities; Establishment of Annual 
Migratory Bird Hunting Seasons

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of information collection; request for comment.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we, 
the U.S. Fish and Wildlife Service (Service), are proposing to renew an 
existing information collection without change.

DATES: Comments will be accepted on or before December 28, 2026. 
Comments submitted electronically using the Federal eRulemaking Portal 
(see ADDRESSES, below) must be received by 11:59 p.m. eastern time on 
the closing date. To ensure your comment is received and considered, 
you must submit it using one of the methods identified in the ADDRESSES 
section of this document. Comments submitted through any method not 
authorized in this document, or sent to an address not listed here, 
will not be considered.

ADDRESSES: 
    Comment submission: All submissions must include the docket number 
[FWS-HQ-MB-2026-4291] for this document. You must submit comments using 
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-
4291, 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: Service Information Collection Clearance 
Officer, Attn: Docket No. FWS-HQ-MB-2026-4291, 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>.

FOR FURTHER INFORMATION CONTACT: Madonna Baucum, Service Information 
Collection Clearance Officer, by email at <a href="/cdn-cgi/l/email-protection#d29bbcb4bd8d91bdbebe92b4a5a1fcb5bda4"><span class="__cf_email__" data-cfemail="175e7971784854787b7b5771606439707861">[email&#160;protected]</span></a>, or by 
telephone at (703) 358-2503. Individuals who are hearing or speech 
impaired may call the Federal Relay Service at 1-800-877-8339 for TTY 
assistance. You may also view the information collection request (ICR) 
at <a href="http://www.reginfo.gov/public/do/PRAMain">http://www.reginfo.gov/public/do/PRAMain</a>.

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork

[[Page 67850]]

Reduction Act of 1995 (44 U.S.C. 3501 et seq.) 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.
    As part of our continuing effort to reduce paperwork and respondent 
burdens, we are soliciting comments from the public and other Federal 
agencies on the proposed ICR described below. We are especially 
interested in public comments 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 personally identifiable information in your comment, 
you should be aware that your entire comment--including your personally 
identifiable information--may be publicly available at any time. While 
you can ask us in your comment to withhold your personally identifiable 
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)). 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 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 
Migratory Game Bird Hunting (MGBH) Memorandum and notice of 
availability in the Federal Register. These limits are necessary to 
allow harvest at levels compatible with migratory game bird population 
status and habitat conditions. After the limits are established, States 
and Tribes may establish their migratory game bird hunting regulations 
within the limits and in accordance with our general regulations at 50 
CFR part 20. We provided a detailed overview of the process for 
establishing the Federal limits for seasonal migratory game bird 
hunting in the August 31, 2026, Federal Register (91 FR 55794).
    Migratory game birds use four primary migratory routes in North 
America. Because of the unique biological characteristics and the 
relative number of hunters in these routes, the Service adopted the 
flyway structure for administering migratory bird resources within the 
United States, referred to as the flyways (Atlantic, Mississippi, 
Central, and Pacific). Each administrative flyway has a Flyway Council 
established through the Association of Fish and Wildlife Agencies and 
is composed of one member from each State and province in that flyway. 
The Flyway Councils assist in researching and providing migratory game 
bird management information for Federal, State, Tribal, and provincial 
governments.
    <bullet> State and Territories Seasons--After the Federal limits 
are established, States, including the U.S. Territories of Puerto Rico 
and the Virgin Islands, may establish their migratory game bird hunting 
regulations within the Federal limits and regulations at 50 CFR part 
20.
    <bullet> Tribal Seasons--The Tribal process is very similar to the 
State process and largely uses the resulting Federal limits developed 
in the process described above.
    Based on the demonstrated successful implementation of our Tribal 
guidelines since 1985 (50 FR 23467, June 4, 1985), and the historical 
and future expected minimal impacts to migratory game bird resources, 
we simplified the process for establishing special Tribal migratory 
game bird hunting regulations beginning with the (2023-2024) season (88 
FR 60375, September 1, 2023). 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 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 2023 rule adopt elements of our 
guidelines 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 
are authorized to independently establish special Tribal migratory bird 
hunting regulations.
    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, recognition of 
their authority to regulate hunting by both Tribal and nontribal 
members on their reservation. 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 
which the reservation is located.
    For the regulatory cycle, Service biologists gather, analyze, and 
interpret biological survey data and provide this information to all 
those involved in the process through a series of published status 
reports and presentations to the Flyway Councils and other interested

[[Page 67851]]

parties. Because the Service is required to take abundance of migratory 
game birds and other factors into consideration, the Service undertakes 
a number of surveys throughout the year in conjunction with Service 
Regional Offices, the Canadian Wildlife Service, and State and 
provincial wildlife-management agencies. To determine the appropriate 
limits for each species, we consider factors such as population size 
and trend, geographical distribution, annual breeding effort, condition 
of breeding and wintering habitat, number of hunters, and anticipated 
harvest.
    Federal regulations at 50 CFR 20.110 (Regulations for certain 
Federal Indian reservations and ceded lands) include requirements for 
Tribes to follow if they establish special Tribal migratory game bird 
hunting regulations, which are based on elements from the 1985 
guidelines. The regulations provide that all Federal hunting 
regulations in 50 CFR part 20 apply to hunting by Tribal and nontribal 
members. These regulations provide for the continuation of Tribal 
members' harvest of migratory game birds on reservations where such 
harvest is a customary practice. We are supportive of this harvest 
provided it does not take place during the closed season (March 11 to 
August 31) mandated by the 1916 Convention Between the United States 
and Great Britain (for Canada) for the Protection of Migratory Birds 
and it is not so large as to adversely affect the status of the 
migratory game bird resource. Since the inception of the 1985 
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 note that migratory game birds are defined in 50 CFR 20.11(a) as 
those birds included in the terms of conventions between the United 
States and any foreign country for the protection of migratory birds, 
belonging to certain families (Anatidae, Columbidae, Gruidae, Rallidae, 
and Scolopacidae), and for which open seasons are prescribed in this 
part. Open seasons for certain migratory game bird species are 
established by the Service annually as appropriate based on the 
biological status of these populations and published in the Federal 
Register as Federal limits. Tribes are encouraged to review each year 
the Federal limits to determine the list of migratory game bird species 
and species groups with authorized open seasons, and any special 
concerns regarding population status. Furthermore, annual review of the 
Federal limits for migratory game bird hunting seasons e nsures that 
Tribal regulations for nontribal members on reservation lands comply 
(as required by regulations) with opening and closing dates, season 
length, and daily bag and possession limits established by the Service.
    As a result of the process explained above for authorizing seasonal 
migratory game bird hunting, information is requested from States 
annually on their proposed seasons. Therefore, this ICR incorporates 
the information requested from the States each year and other 
monitoring requirements for their seasons. We post all notices and 
rules electronically on the Service's website (<a href="https://www.fws.gov/policy/frsystem/default.cfm">https://www.fws.gov/policy/frsystem/default.cfm</a>). State and Tribal governments are aware of 
this process that affords them the opportunity to provide comments on 
the information collection requirements identified in the Paperwork 
Reduction Act section of each rule.
    The information identified below, necessary to establish annual 
migratory bird hunting seasons, is solicited annually from State and 
U.S. territory governments:
    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 nonform format, usually 
via letter or spreadsheet, in response to solicitations for the 
information sent to the State governments each year via an emailed 
letter.
    2. Details Needed from Tribal Governments--This requirement is not 
applicable to Tribes that choose to observe the hunting regulations 
established by the State or States in which the reservation is located 
or independently establish special migratory bird hunting regulations 
in accordance with our regulations at 50 CFR 20.110. 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 Sec.  
20.21 for on-reservation and ceded lands hunting by Tribal members.
    3. 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.
    a. Atlantic Flyway Council: Maryland, New Jersey, and New York--
Two-tier hunting regulations study (phase 2) during 2027-28 through 
2030-31 seasons per the terms of the study plan and Memorandum of 
Agreement among these States and the Service (Yearly updates and Final 
report).
    b. Central Flyway Council: New Mexico and North Dakota--Two-tier 
hunting regulations study (phase 2) during 2027-28 through 2030-31 
seasons per the terms of the study plan and Memorandum of Agreement 
among these States and the Service (Yearly updates and Final report).
    c. Mississippi Flyway Council: Michigan--Two-tier hunting 
regulations study (phase 2) during 2027-28 through 2030-31 seasons per 
the terms of the study plan and Memorandum of Agreement among these 
States and the Service (Yearly updates and Final report).
    d. Pacific Flyway Council: Arizona, Nevada, and Utah--Two-tier 
hunting regulations study (phase 2) during 2027-28 through 2030-31 
seasons per the terms of the study plan and Memorandum of Agreement 
among these States and the Service (Yearly updates and Final report).
e. 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.
    <bullet> Delaware, North Carolina and Virginia--Tundra swan season 
hunter participation and harvest.
    <bullet> Montana (Central Flyway portion), North Dakota, and South 
Dakota--Tundra swan season hunter participation and harvest.
    <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.
    <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.
    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

[[Page 67852]]

of one species can be a 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 needs to be 
closely monitored.
    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.
    4. Requests for Consultation (Tribes/States)--The 2023 regulations 
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 
agreement 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. If 
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.
    5. Requests for Experimental Seasons (Tribes)--We will continue to 
consult with Tribes that wish to reach a mutual agreement (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 Sec.  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.
    Title of Collection: Establishment of Annual Migratory Bird Hunting 
Seasons, 50 CFR part 20.
    OMB Control Number: 1018-0171.
    Form Number: None.
    Type of Review: Extension of a currently approved collection.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion for new submissions, ongoing 
for recordkeeping requirements, and annually for reporting 
requirements.
    Total Estimated Annual Nonhour Burden Cost: None.

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                                                                                   Average time
                                                                     Number of     required per    Total annual
                            Activity                                  annual         response      burden hours
                                                                     responses        (hours)
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Solicitation of Annual Season Selection Data....................              52               4             208
Reports from Experimental Hunting Seasons and Season Structure                 9             650           5,850
 Changes........................................................
State-specific Reports (Yearly).................................              11             500           5,500
State-specific Reports (Every 3 Years)..........................               1             500             500
Requests for Consultation.......................................               3               1               3
Requests for Experimental Seasons (Tribes)......................               3               4              12
                                                                 -----------------------------------------------
    Totals......................................................              79  ..............          12,073
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    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. 2026-21998 Filed 10-27-26; 8:45 am]
BILLING CODE 4333-15-P


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