[Federal Register Volume 79, Number 32 (Tuesday, February 18, 2014)]
[Proposed Rules]
[Pages 9152-9156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03446]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 21

[Docket No. FWS-R9-MB-2012-0098; FF09M21200-134-FXMB1231099BPP0]
RIN 1018-AZ19


Migratory Bird Hunting and Permits; Regulations for Managing 
Harvest of Light Goose Populations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
reduce the information collection requirements for participants in the 
light goose conservation order, which authorizes methods of take to 
increase harvest of certain populations of light geese in the Atlantic, 
Central, and Mississippi Flyways, and to reduce the burden on State and 
tribal wildlife agencies that are required to submit annual light goose 
harvest reports to the Service. We are taking this action to eliminate 
information collection and reporting requirements that we believe to be 
unnecessary. This action would relieve requirements on certain 
individuals, States, and tribes.

DATES: The comment period for this proposed rule closes April 21, 2014.
    Comments on the Information Collection Aspects of this Proposal: 
Comments on the information collection aspects of this proposed rule 
will be considered if received by March 20, 2014.

ADDRESSES:
    Written Comments on this Proposal: You may submit comments only by 
either one of the following two methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments on Docket FWS-R9-MB-
2012-0098.
     U.S. mail or hand delivery: Public Comments Processing, 
Attention: FWS-R9-MB-2012-0098; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 North Fairfax Drive, 
MS 2042-PDM; Arlington, VA 22203-1610. 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).
    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).
    Comments on the Information Collection Aspects of this Proposal: 
Send comments specific to the information collection aspects of this 
proposed rule to the Desk Officer for the Department of the Interior at 
OMB-OIRA at (202) 395-5806 (fax) or [email protected] 
(email). Please provide a copy of your comments to the Service 
Information Collection Clearance Officer, U.S. Fish and Wildlife 
Service, MS 2042-PDM, 4401 North Fairfax Drive, Arlington, VA 22203 
(mail) or [email protected] (email). Please include ``1018-0103'' in 
the subject line of your comments. You may review the Information 
Collection Request online at http://www.reginfo.gov. Follow the 
instructions to review Department of the Interior collections under 
review by OMB.
    Document Availability: You may obtain a copy of the final 
environmental impact statement (EIS) from our Web site at: http://www.fws.gov/migratorybirds/currentbirdissues/management/snowgse/tblcont.html, or by requesting one from the Division of Migratory Bird 
Management, U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, 
MBSP-4107, Arlington, VA 22203-1610.

FOR FURTHER INFORMATION CONTACT: James Kelley at 612-713-5409.

SUPPLEMENTARY INFORMATION: Greater snow geese, lesser snow geese, and 
Ross's geese are referred to as ``light'' geese due to the light 
coloration of the white-phase plumage morph, as opposed to true 
``dark'' geese such as the white-fronted or Canada goose. We include 
both plumage variations of lesser snow geese (white, or ``snow'' and 
dark, or ``blue'') under the designation light geese. Dark phase Ross's 
geese exist but are uncommon.
    Various populations of light geese have undergone rapid growth 
during the past 30 years, and have become seriously injurious to their 
habitat, habitat important to other migratory birds, and agricultural 
interests. We believe that several of these populations have exceeded 
the long-term carrying capacity of their breeding and/or migration 
habitats and must be reduced. In 1999, we implemented regulations that 
authorized new methods of take and created a conservation order to 
increase harvest of certain populations of light geese in the Central 
and Mississippi Flyways (64 FR 7507; February 16, 1999). In 2008, we 
prepared an environmental impact statement and record of decision to

[[Page 9153]]

revise the regulations to include the Atlantic Flyway (73 FR 65926; 
November 5, 2008). The regulations at Sec.  21.60 of title 50 of the 
Code of Federal Regulations (CFR) include information collection and 
reporting requirements, which we discuss below, for the conservation 
order for light geese.
    Past changes to the light goose harvest regulations at 50 CFR 21.60 
addressed two areas. The first authorized the use of two new hunting 
methods, electronic calls and unplugged shotguns, to harvest light 
geese during normal hunting season frameworks. New methods of take were 
allowed during a light-goose-only hunting season when all other 
waterfowl and crane hunting seasons, excluding falconry, are closed. 
Authorization of new methods of take during light-goose-only seasons 
was allowed only during normal hunting season framework dates 
(September 1 to March 10), except as provided in 50 CFR part 21, as 
described below. Individual States and tribes were authorized to 
determine the exact dates such tools could be used. Persons utilizing 
new methods of take during light goose hunting seasons were required to 
possess a Federal migratory bird hunting stamp, to be registered under 
the Harvest Information Program, and to be in compliance with any 
additional State or tribal license and stamp requirements pertaining to 
hunting waterfowl.
    The second area revised subpart E of 50 CFR part 21 for the 
management of overabundant light goose populations. Under this subpart, 
we established a conservation order specifically for the control and 
management of light geese. Under the authority of this regulation, 
States and tribes could initiate aggressive harvest management 
strategies with the intent to increase light goose harvest without 
having to obtain an individual permit, which significantly reduced the 
administrative burden on State, tribal and Federal governments. This 
regulation enabled States and tribes, as a management tool, to use 
hunters to harvest light geese, by shooting in a hunting manner, inside 
or outside of the regular migratory bird hunting season framework dates 
of September 1 and March 10. Although a conservation order could be 
implemented at any time, we believe the greatest value of this 
regulation is the provision of a mechanism to increase harvest of light 
geese beyond March 10, the latest possible closing date for traditional 
migratory bird hunting seasons. This provision is especially effective 
in increasing harvest in mid-latitude and northern States during spring 
migration. The conservation order is not a hunting season, and 
implementation of such a regulation should not be construed as opening, 
re-opening, or extending any open hunting season contrary to any 
regulations promulgated under section 3 of the Migratory Bird Treaty 
Act (16 U.S.C. 703-712).
    Conditions under the conservation order require that participating 
States and tribes inform participants acting under the authority of the 
conservation order of the conditions that apply to the regulation. In 
order to minimize or avoid take of nontarget species, States and tribes 
may implement this action only when all waterfowl (including light 
goose) and crane hunting seasons, excluding falconry, are closed. In 
addition to authorizing electronic calls and unplugged shotguns, the 
conservation order does not impose daily bag limits for light geese and 
allows shooting hours for light geese to end one-half hour after 
sunset.
    Under the regulations at 50 CFR 21.60, States and tribes must keep 
annual records of activities carried out under the authority of the 
conservation order. We required the reported information to help us to 
assess the effectiveness of light geese population control methods and 
strategies, and to assess whether or not additional population control 
methods are needed. We believe that sufficient information has been 
collected since 2000 to allow us to properly evaluate the effectiveness 
of new methods of take for harvesting light geese. While we are not 
proposing to eliminate all of the information collection requirements 
of the conservation order, we believe that the requirements can be 
simplified, thus reducing the burden on individuals participating in 
the conservation order, who must provide information to State wildlife 
agencies, and on State and Tribal wildlife agencies, which are required 
to submit annual light goose harvest reports to the Service. Currently, 
50 CFR 21.60(f)(8) requires States and tribes to keep annual records of 
the following activities carried out under the authority of the light 
goose conservation order:
    (i) The number of persons participating in the conservation order;
    (ii) The number of days people participated in the conservation 
order;
    (iii) The number of persons who pursued light geese with the aid of 
a shotgun capable of holding more than three shells;
    (iv) The number of persons who pursued light geese with the aid of 
an electronic call;
    (v) The number of persons who pursued light geese during the period 
one-half hour after sunset;
    (vi) The total number of light geese shot and retrieved during the 
conservation order;
    (vii) The number of light geese taken with the aid of an electronic 
call;
    (viii) The number of light geese taken with the fourth, fifth, or 
sixth shotgun shell;
    (ix) The number of light geese taken during the period one-half 
hour after sunset; and
    (x) The number of light geese shot but not retrieved.
    During 2000-2011, an average of 52,672 hunters in the Central and 
Mississippi Flyways (combined) spent 250,079 days afield each year 
during conservation order periods (Table 1). An average of 3,815 
hunters in the Atlantic Flyway spent 13,424 days afield during 
conservation order periods each year from 2009-2011. The annual average 
harvest of light geese during the conservation order harvest was 
697,367 birds in the Central and Mississippi Flyways (combined), and 
39,100 birds in the Atlantic Flyway. Half of all conservation order 
participants chose to utilize electronic calls (51%) and unplugged 
shotguns (50%), whereas only 28% chose to pursue light geese during the 
period one-half hour after sunset.

         Table 1--Light Goose Conservation Order Hunter Numbers, Days Spent Afield, Light Goose Harvest, and Harvest by Various Methods of Take
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                                                                                                            Light goose harvest by method of take
                                                                                                   -----------------------------------------------------
                  Geographic area                      Number of      Days afield     Light goose                                        Shooting \1/2\
                                                        hunters                         harvest        Electronic         Unplugged        hour after
                                                                                                       calls  (%)       shotguns  (%)      sunset (%)
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Central and Mississippi flyways combined, 2000              52,672         250,079         697,367    275,074 (39.4)    185,881 (26.7)     91,558 (13.1)
 2011.............................................

[[Page 9154]]

 
Atlantic Flyway, 2009 2011........................           3,815          13,424          39,100     15,830 (40.5)      6,096 (15.6)      4,558 (11.7)
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    As shown in Table 1, above, electronic calls were used to take 
approximately 40% of the light geese during the conservation order in 
the 3 Flyways. Unplugged shotguns were used to take nearly 27% of the 
light goose harvest in the Central and Mississippi Flyways (combined), 
but only about 16% in the Atlantic Flyway. Just under 13% of light 
geese were harvested in the period one-half hour after sunset, compared 
to the other methods of take. However, it should be noted that two or 
more methods of take can be utilized simultaneously while pursuing 
light geese during the conservation order.
    These results indicate that the new methods of take authorized 
during the conservation order have been successful in increasing 
harvest of light geese in the United States. Although some methods 
appear to be utilized more by hunters than others, we believe that no 
changes are needed to the conservation order's authorized methods of 
take. However, we believe that we no longer need to require States and 
tribes to collect detailed information on methods of take used to 
harvest light geese. Public comments from Flyway Councils received 
during our last renewal of the information collection requirements (see 
76 FR 66952; October 28, 2011) indicated that Councils wanted a 
discontinuation of collection of information on methods of take as 
well. Therefore, we propose to revise 50 CFR 21.60(f)(8) to require 
that States and tribes to keep annual records of only the following 
activities carried out under the authority of the light goose 
conservation order:
    (i) The number of persons participating in the conservation order;
    (ii) The number of days people participated in the conservation 
order;
    (iii) The number of light geese shot and retrieved during the 
conservation order;
    (vii) The number of light geese shot but not retrieved.
    This level of information collection would continue to allow us to 
monitor the efficacy of our efforts to increase the harvest of light 
goose populations that have been deemed overabundant. During our last 
information collection renewal (see 76 FR 66952; October 28, 2011), the 
Flyway Councils also commented that the burden of collection of such 
information should be transferred to the Service from the States. While 
we agree that having the Service collect such information would provide 
uniformity in survey sampling, budgetary constraints currently prevent 
us from initiating new harvest survey efforts for light geese.

Required Determinations

Regulatory Planning and Review--Executive Order 12866 and 13563

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) will review all significant rules. OIRA has 
determined that this rule is not significant.
    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.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as 
amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996 (Pub. L. 104-121)), whenever an agency is required to 
publish a notice of rulemaking for any proposed or final rule, it must 
prepare and make available for public comment a regulatory flexibility 
analysis that describes the effect of the rule on small businesses, 
small organizations, and small government jurisdictions. However, no 
regulatory flexibility analysis is required if the head of an agency 
certifies the rule would not have a significant economic impact on a 
substantial number of small entities.
    SBREFA amended the Regulatory Flexibility Act to require Federal 
agencies to provide the statement of the factual basis for certifying 
that a rule would not have a significant economic impact on a 
substantial number of small entities. This proposed regulation change 
would not have a significant economic impact on a substantial number of 
small entities, so a regulatory flexibility analysis is not required.
    This proposed rule would reduce the information collection 
requirements for participants in the light goose conservation order and 
reduce the burden on State and tribal wildlife agencies that are 
required to submit annual light goose harvest reports to the Service. 
It would have no impact on economic activities already associated with 
the light goose conservation order itself, and therefore would not have 
an economic effect (benefit) on any small entities.
    This is not a major rule under the SBREFA (5 U.S.C. 804 (2)). It 
would not have a significant impact on a substantial number of small 
entities.
    a. This rule would not have an annual effect on the economy of $100 
million or more.
    b. This rule would not cause a major increase in costs or prices 
for consumers, individual industries, Federal, State, Tribal, or local 
government agencies, or geographic regions.
    c. This rule would not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises.

Unfunded Mandates Reform Act

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.), we have determined the following:
    a. This rule would not affect small governments. A small government 
agency plan is not required.

[[Page 9155]]

    b. This rule would not produce a Federal mandate. It is not a 
significant regulatory action.

Takings

    This proposed rule does not contain a provision for taking of 
private property. In accordance with Executive Order 12630, a takings 
implication assessment is not required.

Federalism

    This proposed rule does not have sufficient Federalism effects to 
warrant preparation of a federalism impact summary statement under 
Executive Order 13132. It would not interfere with any State's ability 
to manage itself or its funds. No significant economic impacts are 
expected to result from the proposed regulations change.

Civil Justice Reform

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that the rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Paperwork Reduction Act of 1995

    The Office of Management and Budget has approved the current 
information collection requirements in 50 CFR Part 21 and assigned OMB 
Control Number 1018-0103, which expires January 31, 2015. This proposal 
revises the information collection requirements, and OMB approval is 
required under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.). We 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.
    OMB Control Number: 1018-0103.
    Title: Conservation Order for Light Geese, 50 CFR 21.60.
    Service Form Number(s): None.
    Type of Request: Revision of a currently approved collection.
    Description of Respondents: State and tribal governments; 
individuals who participate in the conservation order.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: Annually.

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                                                                                                         Total
                                             Annual No. of     Total                                     annual
           Activity/requirement               respondents      annual    Completion time per response    burden
                                                             responses                                   hours
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States--collect information, maintain                   39           39  45 hours....................      1,755
 records, prepare annual report.
Participants--provide information to                21,538       21,538  8 minutes...................      2,872
 States.
                                           ---------------------------------------------------------------------
    Total.................................          21,577       21,577  ............................      4,627
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    Estimated Annual Nonhour Burden Cost: $78,000, primarily for State 
and tribal overhead costs (materials, printing, postage, etc.)
    We expect a maximum of 39 States and tribes to participate under 
the authority of the conservation order each year it is available. 
States and tribes must keep records of activities carried out under the 
authority of the conservation order. We believe that this recordkeeping 
requirement is necessary to ensure that those individuals carrying out 
control activities are authorized to do so. The States and tribes must 
submit an annual report summarizing the activities conducted under the 
conservation order. Reported information helps us to assess the 
effectiveness of light geese population control methods and strategies, 
and assess whether or not additional population control methods are 
needed. However, we believe that the number of elements in the 
information collection requirement can be reduced while maintaining a 
core of elements that allow us to monitor the number of participants in 
the conservation order and resulting harvest of birds. We propose that 
50 CFR 21.60(f)(8) be revised to require that information be collected 
only on the number of:
     Persons participating in the conservation order;
     Days people participated in the conservation order;
     Light geese shot and retrieved during the conservation 
order; and
     Light geese shot but not retrieved.
    Each State and tribe determines how they collect data from 
participants. Though there is no common form or method, the States and 
tribes have shared their forms and there is commonality. Some States 
require participants to obtain a permit to participate in the 
conservation order, others do not. Post-harvest survey questions and 
questionnaire delivery methods differ among States and tribes. States 
measure harvest and hunter activity through the use of mail 
questionnaires, phone surveys, hunter diaries, online data entry, and 
so forth. Differences also exist within similar survey types, such as 
the proportion of participants surveyed and the type and number of 
followup contacts.
    As part of our continuing efforts to reduce paperwork and 
respondent burdens, we invite the public and other Federal agencies to 
comment on any aspect of the reporting burden associated with this 
proposed information collection. We specifically invite comments 
concerning:
     Whether or not the collection of information is necessary, 
including whether or not the information will have practical utility;
     The accuracy of our estimate of the burden for this 
collection of information;
     Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
     Ways to minimize the burden of the collection of 
information on respondents.
    Send comments specific to the information collection aspects of 
this proposed rule to the Desk Officer for the Department of the 
Interior at OMB-OIRA at (202) 395-5806 (fax) or [email protected] (email). Please provide a copy of your comments 
to the Service Information Collection Clearance Officer, U.S. Fish and 
Wildlife Service, MS 2042-PDM, 4401 N. Fairfax Drive, Arlington, VA 
22203 (mail) or [email protected] (email). Please include ``1018-
0103'' in the subject line of your comments. See the DATES and 
ADDRESSES sections for specific instructions.

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 regulations for managing 
harvest of light goose populations, we will take into consideration all 
comments we receive. Such comments, and any additional information we 
receive, may lead to

[[Page 9156]]

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, 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 rule.

National Environmental Policy Act

    In compliance with the requirements of section 102(2)(C) of the 
National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et 
seq.), and the Council on Environmental Quality's regulations for 
implementing NEPA (40 CFR 1500-1508), the Environmental Protection 
Agency (EPA) published the availability of a Final EIS on light goose 
management on July 13, 2007 (72 FR 38577), and we published the same on 
July 18, 2007 (72 FR 39439), followed by a 30-day public review period. 
The EPA reviewed the Final EIS and stated that they did not identify 
any environmental concerns with our preferred alternative, and that the 
document provided adequate documentation of the potential environmental 
impacts. The EPA assigned a rating of Lack of Objection to the Final 
EIS. The Final EIS is available to the public at the location indicated 
under the ADDRESSES caption.

Endangered Species Act

    Section 7(a)(2) of the Endangered Species Act (ESA), as amended (16 
U.S.C. 1531-1543; 87 Stat. 884) provides that ``Each Federal agency 
shall, in consultation with and with the assistance of the Secretary, 
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 previously completed 
section 7 consultation under the ESA for the rule that authorized the 
light goose regulations (73 FR 65926). This proposed rule would only 
affect information collection and reporting requirements, and we have 
determined that a section 7 consultation is not necessary.

Energy Effects--Executive Order 13211

    Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. This rule is not a 
significant regulatory action under E.O. 13211, and would not adversely 
affect energy supplies, distribution, or use. This action is not a 
significant energy action, so 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 
determined that this rule has very little effect on Federally 
recognized Indian tribes. This proposal would reduce the information 
collection and reporting requirements associated with the light goose 
conservation order, but we expect this reduction would have very little 
effect on tribes due to low participation rates.

List of Subjects in 50 CFR Part 21

    Exports, Hunting, Imports, Reporting and recordkeeping 
requirements, Transportation, Wildlife.

Proposed Regulation Promulgation

    For the reasons stated in the preamble, we hereby propose to amend 
part 21, of subchapter B, chapter I, title 50 of the Code of Federal 
Regulations, as set forth below:

PART 21--[AMENDED]

0
1. The authority citation for part 21 continues to read as follows:

    Authority: 16 U.S.C. 703-712.
0
2. Amend Sec.  21.60 by:
0
a. Revising paragraphs (f)(8)(i) through (f)(8)(iv) to read as follows; 
and
0
b. Removing paragraphs (f)(8)(v) through (f)(8)(x).


Sec.  21.60  Conservation order for light geese.

* * * * *
    (f) * * *
    (8) States and tribes must keep annual records of activities 
carried out under the authority of the conservation order. 
Specifically, information must be collected on:
    (i) The number of persons participating in the conservation order;
    (ii) The number of days people participated in the conservation 
order;
    (iii) The number of light geese shot and retrieved during the 
conservation order; and
    (iv) The number of light geese shot but not retrieved.
* * * * *

    Dated: November 22, 2013.
Michael Bean,
Acting Principal Deputy Assistant Secretary for Fish and Wildlife and 
Parks.
[FR Doc. 2014-03446 Filed 2-14-14; 8:45 am]
BILLING CODE 4310-55-P