[Federal Register Volume 87, Number 212 (Thursday, November 3, 2022)]
[Proposed Rules]
[Pages 66247-66254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23786]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / 
Proposed Rules  

[[Page 66247]]



DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[Docket No. FWS-HQ-MB-2022-0090; FF09M30000-223-FXMB1231099BPP0]
RIN 1018-BF64


Migratory Bird Hunting; Proposed 2023-24 Migratory Game Bird 
Hunting Regulations (Preliminary)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Fish and Wildlife Service (Service or we) proposes to 
establish annual hunting regulations for certain migratory game birds 
for the 2023-24 hunting season. We annually prescribe outside limits 
(frameworks) within which States may select hunting seasons. This 
proposed rule provides the regulatory schedule and describes the 
proposed regulatory alternatives for the 2023-24 general duck seasons 
and preliminary proposals that vary from the 2022-23 hunting season 
regulations. Migratory 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.

DATES: Comments: You may comment on the general duck season regulatory 
alternatives and other preliminary proposals for the 2023-24 season 
until December 5, 2022.

ADDRESSES: Comments: You may submit comments on the proposals by one of 
the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments on Docket No. FWS-HQ-
MB-2022-0090.
     U.S. Mail: Public Comments Processing, Attn: FWS-HQ-MB-
2022-0090; U.S. Fish and Wildlife Service; MS: PRB/3W; 5275 Leesburg 
Pike; Falls Church, VA 22041-3803.
    We will not accept emailed or faxed comments. We will post all 
comments on https://www.regulations.gov. This generally means that your 
entire submission--including any personal identifying information--will 
be posted on the website. See Public Comments, below, for more 
information.

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:

Promulgating Annual Migratory Game Bird Hunting Regulations

    This proposed rule is the first in a series of proposed and final 
rules that establish regulations for the 2023-24 migratory bird hunting 
season. As part of the Department of the Interior's 2015 retrospective 
regulatory review, we changed our process for developing migratory game 
bird hunting regulations with the goal of enabling the State agencies 
to select and publish their season dates earlier than was allowed under 
the prior process. We provided a detailed overview of this process in 
the August 6, 2015, Federal Register (80 FR 47388).

Background

    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 are written after giving due regard 
to ``the zones of temperature and to the distribution, abundance, 
economic value, breeding habits, and times and lines of migratory 
flight of such birds'' (16 U.S.C. 704(a)) and are updated annually. 
This responsibility has been delegated to the Service as the lead 
Federal agency for managing and conserving migratory birds in the 
United States. However, migratory bird management is a cooperative 
effort of Federal, State, and Tribal governments.
    The Service annually develops migratory game bird hunting 
regulations by establishing the frameworks, or outside limits, for 
season dates, season lengths, shooting hours, bag and possession 
limits, and areas where migratory game bird hunting may occur. These 
frameworks are necessary to allow harvest at levels compatible with 
migratory game bird population status and habitat conditions.
    Acknowledging regional differences in hunting conditions, the 
Service has administratively divided the United States into four 
Flyways for the primary purpose of managing migratory game birds. Each 
Flyway (Atlantic, Mississippi, Central, and Pacific) has a Flyway 
Council, a formal organization generally composed of one member from 
each State within the Flyway, as well as Provinces in Canada that share 
migratory bird populations with the Flyway. The Flyway Councils, 
established through the Association of Fish and Wildlife Agencies, also 
assist in researching and providing migratory game bird management 
information for Federal, State, Tribal, and Provincial governments, as 
well as private conservation entities and the general public.

Overview of the Rulemaking Process

    The process for adopting migratory game bird hunting regulations, 
which are set forth in title 50 of the Code of Federal Regulations in 
part 20 (50 CFR part 20), is constrained by three primary factors. 
Legal and administrative considerations dictate how long the rulemaking 
process will last. Most importantly, however, the biological cycle of 
migratory game birds controls the timing of data-gathering activities 
and thus the dates on which these results are available for 
consideration and deliberation.
    For the regulatory cycle, Service biologists gather, analyze, and 
interpret biological survey data and provide this information to all 
those involved in the

[[Page 66248]]

process through a series of published status reports and presentations 
to Flyway Councils and other interested 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 date limits for hunting seasons 
(which we refer to as frameworks) 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. After the frameworks are established, 
States may select migratory game bird hunting seasons within the 
Federal frameworks. States may always be more conservative in their 
selections than the Federal frameworks, but never more liberal.
    We annually publish definitions of flyways and management units and 
a description of the data used in and the factors affecting the 
regulatory process. This information will be included in proposed and 
final rules later in the regulations-development process (see 87 FR 
5946, February 2, 2022, for the latest definitions and descriptions).

Service Regulations Committee Meetings

    Per the regulations at 50 CFR 20.153, the Service Regulations 
Committee conducted open meetings in April and October 2022 to discuss 
preliminary issues for the 2023-24 regulations, review information on 
the current status of migratory game birds and develop recommendations 
for 2023-24 regulations for these species. These meetings were open to 
public observation, and official transcripts will soon be available at 
https://www.regulations.gov in Docket No. FWS-HQ-MB-2022-0090. You may 
submit written comments to the Service on the matters discussed. See 
DATES and ADDRESSES for information about submitting comments.

Rulemaking Process for the 2023-24 Season

    This document is the first in a series of proposed and final 
rulemaking documents for migratory game bird hunting regulations. This 
document announces our intent to establish open hunting seasons for 
certain designated groups or species of migratory game birds for 2023-
24 in the contiguous United States, Alaska, Hawaii, Puerto Rico, and 
the Virgin Islands, under Sec. Sec.  20.101 through 20.107, 20.109, and 
20.110 of subpart K of 50 CFR part 20. For the 2023-24 migratory game 
bird hunting season, we will propose regulations for certain designated 
members of the avian families Anatidae (ducks, geese, and swans); 
Columbidae (doves and pigeons); Gruidae (cranes); Rallidae (rails, 
coots, and gallinules); and Scolopacidae (woodcock and snipe).
    The proposed regulatory alternatives for the 2023-24 duck hunting 
seasons are contained at the end of this document. We will publish 
additional proposals for public comment in the Federal Register as 
population, habitat, harvest, and other information become available. 
Major steps in the 2023-24 regulatory cycle relating to open public 
meetings and Federal Register notifications are illustrated in the 
diagram at the end of this proposed rule. All publication dates of 
Federal Register documents are target dates. Our goal is to publish 
final regulatory alternatives for duck seasons in fall 2022, proposed 
season frameworks in winter 2022, and final season frameworks near the 
end of February 2023.

Subject Matter Organization

    Sections of this and subsequent documents outlining hunting 
frameworks and guidelines are organized under numbered headings. These 
headings are:

1. Ducks
    A. General Harvest Strategy
    B. Regulatory Alternatives
    C. Zones and Split Seasons
    D. Special Seasons/Species Management
    i. Early Teal Seasons
    ii. Early Teal/Wood Duck Seasons
    iii. Black Ducks
    iv. Canvasbacks
    v. Pintails
    vi. Scaup
    vii. Mottled Ducks
    viii. Wood Ducks
    ix. Eastern mallards
    x. Youth and Veterans--Active Military Personnel Hunting Days
    xi. Mallard Management Units
    xii. Other
2. Sea Ducks
3. Mergansers
4. Canada Geese
    A. Special Early Seasons
    B. Regular Seasons
    C. Special Late Seasons
5. White-Fronted Geese
6. Brant
7. Snow and Ross's (Light) Geese
8. Swans
9. Sandhill Cranes
10. Coots
11. Gallinules
12. Rails
13. Snipe
14. Woodcock
15. Band-tailed Pigeons
16. Doves
17. Alaska
18. Hawaii
19. Puerto Rico
20. Virgin Islands
21. Falconry
22. Other

    This and subsequent documents will refer only to numbered items 
requiring attention. Because we will omit those items not requiring 
attention, the remaining numbered items may be discontinuous and the 
list may appear incomplete.
    The proposed regulatory alternatives for the 2023-24 duck hunting 
seasons are contained at the end of this document. We plan to publish 
the proposed season frameworks in late fall 2022 and final season 
frameworks in late-winter 2022.

Tribal Regulations

    As part of this rulemaking improvement process, we will develop 
regulations pertaining to Tribes differently than we have in the past. 
Since the 1985-86 hunting season, we have employed guidelines described 
in the June 4, 1985, Federal Register (50 FR 23459) to establish 
special migratory game bird hunting regulations on Federal Indian 
reservations (including off-reservation trust lands) and ceded lands. 
We developed these guidelines in response to Tribal requests for our 
recognition of their reserved hunting rights, and for some Tribes, 
recognition of their authority to regulate hunting by both Tribal and 
nontribal members throughout their reservations. While in past years we 
solicited Tribal proposals in the documents, like this one, that 
initiated the rulemaking process for all migratory bird hunting 
regulations for a specific season, for the 2023-24 season we will 
handle Tribal regulations via a separate rulemaking process. For 
inquiries on Tribal guidelines, Tribes should contact the address 
indicated under FOR FURTHER INFORMATION CONTACT.

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 this proposed rule. 
We seek information and comments on the proposed regulatory 
alternatives for the

[[Page 66249]]

2023-24 general duck hunting seasons, other recommended changes or 
specific preliminary proposals that vary from the 2022-23 regulations, 
and issues requiring early discussion, action, or the attention of the 
States.
    The Service believes that a 30-day comment period is warranted for 
this proposed rule as subsequent Federal Register documents will allow 
the public to submit comments on the overall hunting frameworks (see 
Schedule of Biological Information Availability, Regulations Meetings, 
and Federal Register Publications for the 2023-24 Hunting Season at the 
end of this proposed rule for further information). For each subsequent 
proposed rule associated with this rulemaking action, we will establish 
a specific comment period. Before promulgation of final migratory game 
bird hunting regulations, we will take into consideration all comments 
we receive. We will summarize the comments received and publish 
responses to all proposals and written comments when we develop final 
frameworks for the 2023-24 season. Such comments, and any additional 
information we receive, may lead to final regulations that differ from 
the proposed rules.
    You may submit your comments and materials concerning this proposed 
rule 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 https://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 https://www.regulations.gov.

Required Determinations

National Environmental Policy Act (NEPA) Consideration

    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 NEPA 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). We also address NEPA compliance for waterfowl hunting 
frameworks through the annual preparation of separate environmental 
assessments, the most recent being ``Duck Hunting Regulations for 2022-
23,'' with its corresponding April 2022 finding of no significant 
impact. In addition, an August 1985 environmental assessment entitled 
``Guidelines for Migratory Bird Hunting Regulations on Federal Indian 
Reservations and Ceded Lands'' is available from the person listed 
above under FOR FURTHER INFORMATION CONTACT.

Endangered Species Act Consideration

    Before issuance of the 2023-24 migratory game bird hunting 
regulations, we will comply with provisions of the Endangered Species 
Act of 1973, as amended (16 U.S.C. 1531-1543; hereinafter ``the Act''), 
to ensure that hunting is not likely to jeopardize the continued 
existence of any species designated as endangered or threatened or 
adversely modify or destroy its critical habitat and is consistent with 
conservation programs for those species. Consultations under section 7 
of the Act may cause us to change proposals in future supplemental 
proposed rulemaking documents.

Regulatory Planning and Review--Executive Orders 12866 and 13563

    Executive Order (E.O.) 12866 provides that the Office of 
Information and Regulatory Affairs (OIRA) will review all significant 
rules. OIRA has determined that this rulemaking action is economically 
significant because the annual migratory bird hunting regulations have 
an annual effect of $100 million or more on the economy.
    E.O. 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. 
E.O. 13563 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 proposed rule in a manner 
consistent with these requirements.
    An economic analysis was prepared for the 2023-24 migratory bird 
hunting season. This analysis was based on data from the 2016 National 
Survey of Fishing, Hunting, and Wildlife-Associated Recreation 
(National Survey), the most recent year for which data are available. 
See discussion under Required Determinations, Regulatory Flexibility 
Act, below. This analysis estimated consumer surplus for three 
alternatives for duck hunting regulations. As defined by the U.S. 
Office of Management and Budget in Circular A-4, consumers' surplus is 
the difference between what a consumer pays for a unit of a good or 
service and the maximum amount the consumer would be willing to pay for 
that unit. The duck hunting regulatory alternatives are (1) issue 
restrictive regulations allowing fewer days than those issued during 
the 2022-23 season, (2) issue moderate regulations allowing more days 
than those in Alternative 1, and (3) issue liberal regulations similar 
to the regulations in the 2022-23 season. For the 2022-23 season, we 
chose Alternative 3, with an estimated consumer surplus across all 
flyways of $329 million. We also chose Alternative 3 for the 2009-10 
through 2021-22 seasons. The 2023-24 analysis is part of the record for 
this rulemaking action and is available at https://www.regulations.gov 
at Docket No. FWS-HQ-MB-2022-0090.

Regulatory Flexibility Act

    The annual migratory bird hunting regulations have a significant 
economic impact on substantial numbers of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). An initial 
regulatory flexibility analysis was prepared to analyze the economic 
impacts of the annual hunting regulations on small business entities. 
This analysis is updated annually. The primary source of information 
about hunter expenditures for migratory game bird hunting is the 
National Survey,

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which is generally conducted at 5-year intervals. The 2022 analysis is 
based on the 2016 National Survey and the U.S. Department of Commerce's 
County Business Patterns, from which it is estimated that migratory 
bird hunters would spend approximately $2.2 billion at small businesses 
in 2022. Copies of the analysis are available upon request from the 
person listed above under FOR FURTHER INFORMATION CONTACT or from 
https://www.regulations.gov at Docket No. FWS-HQ-MB-2022-0090.

Small Business Regulatory Enforcement Fairness Act

    Pursuant to subtitle E of the Small Business Regulatory Enforcement 
Fairness Act (also known as the Congressional Review Act or CRA), 5 
U.S.C. 801 et seq., OIRA designated this action as a major rule, as 
defined by 5 U.S.C. 804(2), because it is likely to result in an annual 
effect on the economy of $100 million or more. However, because this 
rule would establish a regulatory program for activity related to 
hunting and because hunting seasons are time sensitive, we do not plan 
to defer the effective date under the exemption in the CRA, 5 U.S.C. 
808(1).

Clarity of the Rule

    We are required by E.O. 12866 and 12988 and by the Presidential 
Memorandum of June 1, 1998, to write all rules in plain language. This 
means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in ADDRESSES. To better help us 
revise the rule, your comments should be as specific as possible. For 
example, you should tell us the numbers of the sections or paragraphs 
that are unclearly written, which sections or sentences are too long, 
the sections where you feel lists or tables would be useful, etc.

Paperwork Reduction Act

    This rule does not contain any new collection of information that 
requires approval by the Office of Management and Budget (OMB) under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). OMB has 
previously approved the information collection requirements associated 
with migratory bird surveys and the procedures for establishing annual 
migratory bird hunting seasons under the following OMB control numbers:
     1018-0019, ``North American Woodcock Singing Ground 
Survey'' (expires 02/29/2024).
     1018-0023, ``Migratory Bird Surveys, 50 CFR 20.20'' 
(expires 04/30/2023). Includes Migratory Bird Harvest Information 
Program, Migratory Bird Hunter Surveys, Sandhill Crane Survey, and 
Parts Collection Survey.
     1018-0171, ``Establishment of Annual Migratory Bird 
Hunting Seasons, 50 CFR part 20'' (expires 10/31/2024).
    You may view the information collection request(s) at https://www.reginfo.gov/public/do/PRAMain. 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.

Unfunded Mandates Reform Act

    We have determined and certify, in compliance with the requirements 
of the Unfunded Mandates Reform Act, 2 U.S.C. 1501 et seq., that this 
proposed rulemaking does not include any Federal mandate that may 
result in the expenditure by State, local, and Tribal governments, in 
the aggregate, or by the private sector, of $100 million or more 
(adjusted for inflation) in any one year and does not significantly or 
uniquely affect small governments.

Civil Justice Reform--Executive Order 12988

    The Department, in promulgating this proposed rule, has determined 
that this proposed rule will not unduly burden the judicial system and 
that it meets the requirements of sections 3(a) and 3(b)(2) of E.O. 
12988.

Takings Implication Assessment--Executive Order 12630

    In accordance with E.O. 12630, this proposed rule, authorized by 
the Migratory Bird Treaty Act, does not have significant takings 
implications and does not affect any constitutionally protected 
property rights. This rule would not result in the physical occupancy 
of property, the physical invasion of property, or the regulatory 
taking of any property. In fact, this rule would allow hunters to 
exercise otherwise unavailable privileges and, therefore, would reduce 
restrictions on the use of private and public property.

Energy Effects--Executive Order 13211

    E.O. 13211 requires agencies to prepare statements of energy 
effects when undertaking certain actions. While this proposed rule is a 
significant regulatory action under E.O. 12866, it is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy and has not been designated by OIRA as a significant energy 
action. Therefore, 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 
evaluated possible effects on federally recognized Indian Tribes and 
have determined that there are de minimis effects on Indian trust 
resources. Through this process to establish annual hunting 
regulations, we regularly coordinate with Tribes that are affected by 
this rulemaking action. As noted previously, for the 2023-24 season, we 
will handle Tribal regulations via a separate rulemaking in later 
Federal Register documents.

Federalism Effects--Executive Order 13132

    Due to the migratory nature of certain species of birds, the 
Federal Government has been given responsibility over these species by 
the Migratory Bird Treaty Act. We annually prescribe frameworks from 
which the States make selections regarding the hunting of migratory 
birds, and we employ guidelines to establish special regulations on 
Federal Indian reservations and ceded lands. This process preserves the 
ability of the States and Tribes to determine which seasons meet their 
individual needs. Any State or Tribe may be more restrictive in its 
regulations than the Federal frameworks at any time. The frameworks are 
developed in a cooperative process with the States and the Flyway 
Councils. This process allows States to participate in the development 
of frameworks from which they will make selections, thereby having an 
influence on their own regulations. These rules do not have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with E.O. 13132, these regulations do not have federalism 
implications and do not warrant the preparation of a federalism summary 
impact statement.

[[Page 66251]]

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 2023-24 
hunting season are authorized under 16 U.S.C. 703-711, 712, and 742 a-
j.

Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.

Proposed 2023-24 Migratory Game Bird Hunting Regulations (Preliminary)

    Pending current information on populations, harvest, and habitat 
conditions, and receipt of recommendations from the four Flyway 
Councils, we may defer specific regulatory proposals. Issues requiring 
early discussion, action, or the attention of the States or Tribes are 
described below.

1. Ducks

    As mentioned earlier in this document, the categories used to 
discuss issues related to duck harvest management are: (A) General 
Harvest Strategy, (B) Regulatory Alternatives, (C) Zones and Split 
Seasons, and (D) Special Seasons/Species Management. Only those 
categories containing substantial recommendations are discussed below.

A. General Harvest Strategy

    We will continue to use adaptive harvest management (AHM) to help 
determine appropriate duck-hunting regulations for the 2023-24 season. 
AHM is a tool that permits sound resource decisions in the face of 
uncertain regulatory impacts and provides a mechanism for reducing that 
uncertainty over time. We use an AHM protocol (decision framework) to 
evaluate four regulatory alternatives, each with a different expected 
harvest level, and choose the optimal regulation for duck hunting based 
on the status and demographics of mallards for the Mississippi, 
Central, and Pacific Flyways, and based on the status and demographics 
of a suite of four species (eastern waterfowl) in the Atlantic Flyway. 
We have specific AHM protocols that guide appropriate bag limits and 
season lengths for species of special concern, including black ducks, 
scaup, pintails, and mallards in the Atlantic Flyway (eastern 
mallards), within the general duck season. These protocols use the same 
outside season dates and lengths as those regulatory alternatives for 
the 2023-24 general duck seasons.
    For the 2023-24 hunting season, we will continue to use independent 
optimizations to determine the appropriate regulatory alternative for 
mallard stocks in the Mississippi, Central, and Pacific Flyways and for 
eastern waterfowl in the Atlantic Flyway. This means that we will 
develop regulations for mid-continent mallards, western mallards, and 
eastern waterfowl independently based on the breeding stock that 
contributes primarily to each Flyway. We detailed implementation of AHM 
protocols for mid-continent and western mallards in the July 24, 2008, 
Federal Register (73 FR 43290), and for eastern waterfowl in the 
September 21, 2018, Federal Register (83 FR 47868).

B. Regulatory Alternatives

    The basic structure of the current regulatory alternatives for AHM 
was adopted in 1997. In 2002, based upon recommendations from the 
Flyway Councils, we extended framework dates in the ``moderate'' and 
``liberal'' regulatory alternatives by changing the opening date from 
the Saturday nearest October 1 to the Saturday nearest September 24, 
and by changing the closing date from the Sunday nearest January 20 to 
the last Sunday in January. These extended dates were made available 
with no associated penalty in season length or bag limits. In 2018, we 
adopted a closing duck framework date of January 31 for the 
``moderate'' and ``liberal'' alternatives in the Atlantic Flyway as 
part of the Atlantic Flyway's eastern waterfowl AHM protocol (83 FR 
47868, September 21, 2018). We subsequently extended the framework 
closing date to January 31 across all four Flyways for the 2019-20 
hunting season (84 FR 16152, April 17, 2019).
    More recently, the John D. Dingell, Jr. Conservation, Management, 
and Recreation Act of 2019 (Pub. L. 116-9, Dingell Act) amended the 
Migratory Bird Treaty Act to establish that the closing framework date 
for duck seasons will be January 31, unless a flyway chooses an earlier 
closing date. Thus, in 2019, as directed by the Dingell Act, we 
adjusted the framework closing date under each regulatory alternative 
for all four Flyways to January 31 (84 FR 42996; August 19, 2019). In 
2020, we agreed to move the opening framework date to 1 week earlier in 
the restrictive regulatory alternative for the Mississippi and Central 
Flyways beginning with the 2021-22 season based on their 
recommendations (85 FR 15870, March 19, 2020).
    For the 2023-24 general duck season, we propose to use the same 
regulatory alternatives that are in effect for the 2022-23 season (see 
table at the end of this proposed rule for specifics of the regulatory 
alternatives). Alternatives are specified for each Flyway and are 
designated as ``RES'' for the restrictive, ``MOD'' for the moderate, 
and ``LIB'' for the liberal alternative. We plan to finalize AHM 
regulatory alternatives for the 2023-24 season in a supplemental 
proposed rule, which we plan to publish by late fall of 2022 (see 
Schedule of Biological Information Availability, Regulations Meetings, 
and Federal Register Publications for the 2023-24 Hunting Season at the 
end of this proposed rule for further information).

D. Special Seasons/Species Management

ix. Eastern Mallards
    In 2019 when we implemented the AHM protocol for eastern waterfowl, 
there was concern about the adequacy of existing data and models to 
reflect the dynamics of mallards in the Atlantic flyway (eastern 
mallards). The protocol did not specifically address appropriate bag 
limits for mallards. Consequently, the Service and the Atlantic Flyway 
Council developed an interim harvest strategy for eastern mallards as 
detailed in the August 19, 2019, Federal Register (84 FR 42996). The 
interim strategy is based on a potential take limit analysis that 
determined a sustainable daily-bag limit assuming a 60-day general duck 
season. The result of the assessment prescribed a daily bag limit of 
two mallards, one of which could be female. The interim strategy had 
limited functionality in that it did not allow for changes in the daily 
bag limit in response to changes in eastern mallard abundance or the 
general duck season length determined by the eastern waterfowl AHM 
protocol. Thus, at the time of implementing the interim harvest 
strategy, the Service and Council agreed to develop a State-dependent 
harvest strategy that would determine the daily bag limit for eastern 
mallards based on the status of these birds.
    The development of the State-dependent eastern mallard harvest 
strategy has now been completed, and we propose to adopt it in place of 
the interim harvest strategy beginning with the 2023-24 season.
    The new eastern mallard harvest strategy is the result of 3 years 
of technical work and policy decisions developed and agreed upon by the 
Service and State agencies in the

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Atlantic Flyway. The goals of the eastern mallard harvest strategy are 
to: (1) maintain the eastern mallard stock at sustainable levels, and 
(2) provide consumptive and nonconsumptive uses indefinitely. The 
harvest strategy is based on an integrated population model that uses 
current data and understanding of system dynamics. The new harvest 
strategy is an improvement over the interim strategy because it allows 
the Service to make more informed harvest management decisions based on 
the current status of the resource and uncertainty, including the 
effects of harvest on mallard survival. The harvest strategy will be 
reviewed and revised as necessary on an approximately 5- to 10-year 
interval. A copy of the strategy is available at the address indicated 
under FOR FURTHER INFORMATION CONTACT, or at https://www.regulations.gov, or from our website at https://www.fws.gov/media/eastern-mallard-adaptive-harvest-management-strategy-2022.
xii. Other
    Although not part of any current harvest management strategy, we 
propose to allow South Dakota and Nebraska to continue to conduct a 
pilot study during the 2023-24 duck season of a two-tier regulatory 
system as described in the March 19, 2020, proposed rule (85 FR 15870). 
This would be the second year of a planned 4-year pilot study. The 
intent of the two-tier license study is to evaluate whether regulations 
that relax hunters' requirement to identify duck species can improve 
waterfowl hunter recruitment and retention.\1\ Declines in waterfowl 
hunter numbers have been of concern to the Service and the Flyway 
Councils, prompting the development of recruitment, retention, and 
reactivation (R3) efforts in the conservation community. The study 
would allow a person to obtain one of two license types during the duck 
season. The first license type would allow a daily bag limit as 
specified in the current duck regulations (six ducks), along with 
attendant species and sex restrictions. The second license type would 
allow a daily bag limit of only three ducks, but they could be of any 
species or sex. Additional years of study would be contingent on 
whether preliminary results from the first two duck seasons (2021-22 
and 2022-23) warrant additional investigation. Memoranda of agreement 
between the Service and the two States specify the purpose of the study 
and the roles and responsibilities of each party while conducting the 
pilot study.
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    \1\ The Service's primary goal is to ensure that waterfowl sport 
harvest management conforms to the MBTA and ensures the long-term 
conservation of bird populations. The various harvest strategies 
reflect this goal by ensuring that harvest does not exceed maximum 
sustainable yield (MSY). Secondarily to the MBTA, the Service has 
adopted policies to promote wildlife-based recreation, including 
migratory bird harvest. To the extent that management actions 
designed to promote hunter recruitment and retention do not result 
in harvest greater than the biological capacity of a population 
(i.e., does not exceed MSY), the Service deems these actions to be 
in accordance with the MBTA. Management actions that result in 
harvest equal to or less than MSY will result in stable or 
increasing populations and provide consumptive and nonconsumptive 
uses indefinitely.
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