[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Proposed Rules]
[Pages 35844-35847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14070]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[Docket No. FWS-HQ-MB-2013-0057; FF09M21200-134-FXMB1231099BPP0]
RIN 1018-AY87


Migratory Bird Hunting; Supplemental Proposals for Migratory Game 
Bird Hunting Regulations for the 2013-14 Hunting Season; Notice of 
Meetings

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; supplemental.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), proposed in 
an earlier document to establish annual hunting regulations for certain 
migratory game birds for the 2013-14 hunting season. This supplement to 
the proposed rule provides the regulatory schedule, announces the 
Service Migratory Bird Regulations Committee and Flyway Council 
meetings, and provides Flyway Council recommendations resulting from 
their March meetings.

DATES: Comments: You must submit comments on the proposed regulatory 
alternatives for the 2013-14 duck hunting seasons on or before June 22, 
2013. Following subsequent Federal Register notices, you will be given 
an opportunity to submit comments for proposed early-season frameworks 
by July 27, 2013, and for proposed late-season frameworks and 
subsistence migratory bird seasons in Alaska by August 31, 2013.
    Meetings: The Service Migratory Bird Regulations Committee will 
meet to consider and develop proposed regulations for early-season 
migratory bird hunting on June 19 and 20, 2013, and for late-season 
migratory bird hunting and the 2014 spring/summer migratory bird 
subsistence season in Alaska on July 31 and August 1, 2013. All 
meetings will commence at approximately 8:30 a.m.

ADDRESSES: Comments: 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-2013-0057.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-HQ-MB-2013-0057; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 
2042-PDM; Arlington, VA 22203.
    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).
    Meetings: The Service Migratory Bird Regulations Committee will 
meet in room 200 of the U.S. Fish and Wildlife Service's Arlington 
Square Building, 4401 N. Fairfax Dr., Arlington, VA.

FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, U.S. Fish and Wildlife 
Service, Department of the Interior, MS MBSP-4107-ARLSQ, 1849 C Street 
NW., Washington, DC 20240; 703-358-1714.

SUPPLEMENTARY INFORMATION: 

Regulations Schedule for 2013

    On April 9, 2013, we published in the Federal Register (78 FR 
21200) a proposal to amend 50 CFR part 20. The proposal provided a 
background and overview of the migratory bird hunting regulations 
process, and addressed the establishment of seasons, limits, and other 
regulations for hunting migratory game birds under Sec. Sec.  20.101 
through 20.107, 20.109, and 20.110 of subpart K. This document is the 
second in a series of proposed, supplemental, and final rules for 
migratory game bird hunting regulations. We will publish proposed 
early-season frameworks in early July and late-season frameworks in 
early August. We will publish final regulatory frameworks for early 
seasons on or about August 16, 2013, and for late seasons on or about 
September 14, 2013.

Service Migratory Bird Regulations Committee Meetings

    The Service Migratory Bird Regulations Committee (SRC) will meet 
June 19-20, 2013, to review information on the current status of 
migratory shore and upland game birds and develop 2013-14 migratory 
game bird regulations recommendations for these species, plus 
regulations for migratory game birds in Alaska, Puerto Rico, and the 
Virgin Islands. The Committee will also develop regulations 
recommendations for September waterfowl seasons in designated States, 
special sea duck seasons in the Atlantic Flyway, and extended falconry 
seasons. In addition, the Committee will review and discuss preliminary 
information on the status of waterfowl.
    At the July 31-August 1, 2013, meetings, the Committee will review 
information on the current status of waterfowl and develop 2013-14 
migratory game bird regulations recommendations for regular waterfowl

[[Page 35845]]

seasons and other species and seasons not previously discussed at the 
early-season meetings. In addition, the Committee will develop 
recommendations for the 2014 spring/summer migratory bird subsistence 
season in Alaska.
    In accordance with Departmental policy, these meetings are open to 
public observation. You may submit written comments to the Service on 
the matters discussed.

Announcement of Flyway Council Meetings

    Service representatives will be present at the individual meetings 
of the four Flyway Councils this July. Although agendas are not yet 
available, these meetings usually commence at 8 a.m. on the days 
indicated.
     Atlantic Flyway Council: July 18-19, Mystic Hilton, 
Mystic, CT.
     Mississippi Flyway Council: July 25-26, Biddle Hotel and 
Conference Center, Bloomington, IN.
     Central Flyway Council: July 25-26, The Lodge at Sierra 
Blanca, Ruidoso, NM.
     Pacific Flyway Council: July 26, Siena Hotel, Reno, NV.

Review of Public Comments

    This supplemental rulemaking describes Flyway Council recommended 
changes based on the preliminary proposals published in the April 9, 
2013, Federal Register. We have included only those recommendations 
requiring either new proposals or substantial modification of the 
preliminary proposals and do not include recommendations that simply 
support or oppose preliminary proposals and provide no recommended 
alternatives. Our responses to some Flyway Council recommendations, but 
not others, are merely a clarification aid to the reader on the overall 
regulatory process, not a definitive response to the issue. We will 
publish responses to all proposals and written comments when we develop 
final frameworks.
    We seek additional information and comments on the recommendations 
in this supplemental proposed rule. New proposals and modifications to 
previously described proposals are discussed below. Wherever possible, 
they are discussed under headings corresponding to the numbered items 
identified in the April 9 proposed rule. Only those categories 
requiring your attention or for which we received Flyway Council 
recommendations are discussed below.

1. Ducks

    Duck harvest management categories are: (A) General Harvest 
Strategy; (B) Regulatory Alternatives, including specification of 
framework dates, season length, and bag limits; (C) Zones and Split 
Seasons; and (D) Special Seasons/Species Management.

A. General Harvest Strategy

    Council Recommendations: The Mississippi Flyway Council recommended 
that regulations changes be restricted to one step per year, both when 
restricting as well as liberalizing hunting regulations.
    Service Response: As we stated in the April 9 Federal Register, the 
final AHM protocol for the 2013-14 season will be detailed in the 
early-season proposed rule, which will be published in mid-July.

B. Regulatory Alternatives

    Council Recommendations: The Mississippi and Central Flyway 
Councils recommended that regulatory alternatives for duck hunting 
seasons remain the same as those used in 2012-13.
    Service Response: As we stated in the April 9 Federal Register, the 
final regulatory alternatives for the 2013-14 season will be detailed 
in the early-season proposed rule, which will be published in mid-July.

D. Special Seasons/Species Management

i. September Teal Seasons
    Council Recommendations: The Atlantic, Mississippi, and Central 
Flyway Councils recommended that the daily bag limit be increased from 
4 to 6 teal in the aggregate during the Special September teal season. 
The Atlantic Flyway Council also recommended that we allow Maryland to 
adjust existing shooting hours during the Special September teal season 
from sunrise to one-half hour before sunrise on an experimental basis 
during 2013-15 seasons.
vi. Scaup
    Council Recommendations: The Central Flyway Council recommended 
modifying the ``moderate'' regulatory alternative for the States of the 
Central Flyway from a 74-day season with a 2-bird daily bag limit to a 
74-day season with a 3-bird daily bag limit. The Council recommended no 
changes to the ``restrictive'' and ``liberal'' alternative.

2. Sea Ducks

    Council Recommendations: The Atlantic Flyway Council recommended 
that the Service amend the annual waterfowl hunting regulations at 50 
CFR 20.105 to allow the shooting of crippled waterfowl from a motorboat 
under power in New Jersey, North Carolina, South Carolina, and Georgia 
in those areas described, delineated, and designated in their 
respective hunting regulations as special sea duck hunting areas.

4. Canada Geese

A. Special Seasons

    Council Recommendations: The Mississippi Flyway Council recommended 
increasing the daily bag limit in Minnesota from 5 geese to 10 geese 
during the special September season in certain areas of the State.

B. Regular Seasons

    Council Recommendations: The Mississippi Flyway Council recommended 
that the framework opening date for all species of geese for the 
regular goose seasons in the Lower Peninsula of Michigan and Wisconsin 
be September 16, 2013, and in the Upper Peninsula of Michigan be 
September 11, 2013.

9. Sandhill Cranes

    Council Recommendations: The Mississippi Flyway Council recommended 
implementation of a 3-year experimental 60-day sandhill crane season in 
Tennessee beginning in the 2013-14 season.
    The Central Flyway Council recommended increasing the season length 
in North Dakota's eastern sandhill crane hunting zone (Area-2) from 37 
to 58 days in length.
    The Central and Pacific Flyway Councils recommend using the 2013 
Rocky Mountain Population (RMP) sandhill crane harvest allocation of 
771 birds as proposed in the allocation formula using the 3-year 
running average for 2010-12.

16. Mourning Doves

    Council Recommendations: The Atlantic and Mississippi Flyway 
Councils recommended use of the ``moderate'' season framework for 
States within the Eastern Management Unit population of mourning doves 
resulting in a 70-day season and 15-bird daily bag limit. The daily bag 
limit could be composed of mourning doves and white-winged doves, 
singly or in combination.
    The Mississippi and Central Flyway Councils recommend the use of 
the standard (or ``moderate'') season package of a 15-bird daily bag 
limit and a 70-day season for the 2013-14 mourning dove season in the 
States

[[Page 35846]]

within the Central Management Unit. They also recommended that the 
Special White-winged Dove Area be expanded to Interstate Highway 37 in 
the 2013-14 season.
    The Pacific Flyway Council recommended use of the ``moderate'' 
season framework for States in the Western Management Unit (WMU) 
population of doves, which represents no change from last year's 
frameworks.
    The Atlantic, Mississippi, Central, and Pacific Flyway Councils 
also recommended that the present interim mourning dove harvest 
strategy be replaced by a new national mourning dove harvest strategy 
for implementation beginning with the 2014-15 season. The new strategy 
uses a discrete logistic growth model based on information derived from 
the banding program, the Harvest Information Program, and the mourning 
dove parts collection survey to predict mourning dove population size 
in a Bayesian statistical framework. The method is similar to other 
migratory bird strategies already in place and performs better than 
several other modeling strategies that were evaluated by the National 
Mourning Dove Task Force. The strategy uses mourning dove population 
thresholds to determine a regulation package for mourning doves for 
each year.

23. Other

    Council Recommendations: The Atlantic Flyway Council recommended 
increasing the possession limits for sora and Virginia rails from 2 to 
3 times the aggregate daily bag limit, consistent with the Council's 
proposed bag limits for all other migratory game birds during normal 
established hunting seasons.
    The Atlantic, Mississippi, Central, and Pacific Flyway Councils 
recommended increasing the possession limit from 2 to 3 times the daily 
bag limit for doves.
    The Pacific Flyway Councils recommended increasing the possession 
limit from 2 to 3 times the daily bag limit for band-tailed pigeons, 
special September Canada goose seasons, snipe, falconry, and Alaska 
seasons for brant, sandhill cranes, and geese (except dusky Canada 
geese).
    The Mississippi Flyway Council recommended that the Service 
increase the possession limit from 2 times to 3 times the daily bag 
limit for all migratory game bird species and seasons except for Canada 
geese or other overabundant species for which no current possession 
limits are currently assigned (e.g., light geese), where there would 
continue to be no possession limits. The Council also recommended no 
change for those species that currently have permit hunts (e.g., cranes 
and swans). The Council recommends these changes be implemented 
beginning in the 2013-14 season. New and/or experimental seasons could 
have different possession limits if justified. The Council further 
recommended that possession limits not apply at one's personal 
permanent residence and specifically recommended language to modify 50 
CFR 20.39 to do so.
    Service Response: The issue of possession limits was first raised 
by the Flyway Councils in the summer of 2010. At that time, we stated 
that we were generally supportive of the Flyways' interest in 
increasing the possession limits for migratory game birds and 
appreciated the discussions to frame this important issue (75 FR 58250; 
September 23, 2010). We also stated that we believed there were many 
unanswered questions regarding how this interest could be fully 
articulated in a proposal that satisfies the harvest management 
community, while fostering the support of the law enforcement community 
and informing the general hunting public. Thus, we proposed the 
creation of a cross-agency Working Group, chaired by the Service, and 
comprised of staff from the Service's Migratory Bird Program, State 
Wildlife Agency representatives, and Federal and State law enforcement 
staff, to develop a recommendation that fully articulates a potential 
change in possession limits. This effort would include a discussion of 
the current status and use of possession limits, which populations and/
or species/species groups should not be included in any proposed 
modification of possession limits, potential law enforcement issues, 
and a reasonable timeline for the implementation of any such proposed 
changes.
    After discussions last year at the January SRC meeting, and March 
and July Flyway Council meetings, the Atlantic, Central, and Pacific 
Flyway Councils recommended that the Service increase the possession 
limit from 2 times to 3 times the daily bag limit for all migratory 
game bird species and seasons except for those species that currently 
have possession limits of less than 2 times the daily bag limit (e.g., 
some rail species), permit hunts (e.g., cranes and swans), and for 
overabundant species for which no current possession limits are 
assigned (e.g., light geese), beginning in the 2013-14 season (77 FR 
58444; September 20, 2012). These recommendations from the Councils are 
one such outgrowth of the efforts started in 2010. With the new 
recommendation from the Mississippi Flyway Council and the additional 
input and recommendations from all four Flyway Councils from their 
March 2013 Council meetings, we plan to prepare a proposal for the 
SRC's consideration and discussion at the June 19-20 SRC meeting for 
the 2013-14 hunting seasons.
    Additionally, as we discussed in the April 9 proposed rule (78 FR 
21200), when our initial review of possession limits was instituted in 
2010, we also realized that a review of possession limits could not be 
adequately conducted without expanding the initial review to include 
other possession-related regulations. In particular, it was our belief 
that any potential increase in the possession limits should be done in 
concert with a review and update of the wanton waste regulations in 50 
CFR 20.25. We believed it prudent to review some of the long-standing 
sources of confusion (for both hunters and law enforcement) regarding 
wanton waste. A review of the current Federal wanton waste regulations, 
along with various State wanton waste regulations, has been recently 
completed, and we anticipate publishing a proposed rule this summer to 
revise 50 CFR 20.25.
    Lastly, we recognize that there are other important issues 
surrounding possession that need to be reviewed, such as termination of 
possession (as recommended by the Mississippi Flyway Council). However, 
that issue is a much larger and more complex review than the wanton 
waste regulations and the possession limit regulations. We anticipate 
starting a review of termination of possession regulations upon 
completion of changes to the wanton waste and possession limits 
regulations.

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

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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, Room 4107, 
4501 North Fairfax Drive, Arlington, VA 22203.
    For each series of proposed rulemakings, we will establish specific 
comment periods. We will consider, but possibly 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.

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) will review all significant rules. The Office 
of Information and Regulatory Affairs has determined that this rule is 
significant because it will have an annual effect of $100 million or 
more on the economy.
    An economic analysis was prepared for the 2008-09 season. This 
analysis was based on data from the 2006 National Hunting and Fishing 
Survey. 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 2007-08 season, (2) 
Issue moderate regulations allowing more days than those in alternative 
1, and (3) Issue liberal regulations identical to the regulations in 
the 2007-08 season. For the 2008-09 season, we chose alternative 3, 
with an estimated consumer surplus across all flyways of $205-$270 
million. We also chose alternative 3 for the 2009-10, the 2010-11, the 
2011-12, and the 2012-13 seasons. At this time, we are proposing no 
changes to the season frameworks for the 2013-14 season, and as such, 
we will again consider these three alternatives. However, final 
frameworks will be dependent on population status information available 
later this year.
    Recently, new economic data from the 2011 National Hunting and 
Fishing Survey has become available. As such, we are currently updating 
our previous economic analysis and plan to have it available for public 
review and comment later this summer. Until such time as our new 
analysis is available, we will continue to make the 2008-09 analysis 
available at http://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or at http://www.regulations.gov at Docket No. FWS-HQ-MB-2013-0057.
    Executive Order 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.

Other Required Determinations

    Based on our most current data, we are affirming our required 
determinations made in the proposed rule; for descriptions of our 
actions to ensure compliance with the following statutes and Executive 
orders, see our April 9, 2013, proposed rule (78 FR 21200):
     National Environmental Policy Act;
     Endangered Species Act;
     Regulatory Flexibility Act;
     Small Business Regulatory Enforcement Fairness Act;
     Paperwork Reduction Act;
     Unfunded Mandates Reform Act;
     Executive Orders 12630, 12988, 13175, 13132, and 13211.

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 2013-14 
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: June 3, 2013.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2013-14070 Filed 6-13-13; 8:45 am]
BILLING CODE 4310-55-P