[Federal Register Volume 90, Number 12 (Tuesday, January 21, 2025)]
[Proposed Rules]
[Pages 7056-7066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01319]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS-HQ-MB-2024-0127; FXMB1231099BPP0-245-FF09M32000]
RIN 1018-BH65
Migratory Bird Hunting; Proposed 2025-26 Migratory Game Bird
Hunting Regulations (Preliminary)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service or we) proposes to
establish hunting regulations for certain migratory game birds for the
2025-26 hunting season. Through an annual rulemaking process, we
prescribe outside limits (which we refer to as frameworks) within which
States may select hunting seasons. This proposed rule provides the
regulatory schedule, describes the proposed regulatory alternatives for
the 2025-26 general duck seasons, and provides preliminary proposals
that vary from the 2024-25 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, the process for authorizing annual hunting seasons, and
other preliminary proposals for the 2025-26 season until February 20,
2025.
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-2024-0127.
U.S. mail: Public Comments Processing, Attn: FWS-HQ-MB-
2024-0127; 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;
[email protected]. 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. For a summary of the proposed rule,
please see the ``rule summary document'' in docket FWS-HQ-MB-2024-0127
on https://www.regulations.gov.
SUPPLEMENTARY INFORMATION:
Process for Establishing Annual Migratory Game Bird Hunting Regulations
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,
[[Page 7057]]
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. After the
frameworks are established, States may select migratory game bird
hunting seasons within the frameworks. States may always be more
conservative in their selections than the frameworks, but never more
liberal. The annual process of developing migratory game bird hunting
regulations concludes when we establish the State season selections as
Federal regulations under 50 CFR part 20, subpart K.
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 at 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 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
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.
Service Migratory Bird Regulations Committee Meetings
The Service Migratory Bird Regulations Committee (SRC) conducted an
open meeting on May 17, 2024, to discuss preliminary issues for the
2025-26 regulations and will conduct another meeting in fall 2024 to
review information on the current status of migratory game birds and
develop recommendations for the 2025-26 hunting regulations for these
species. In accordance with 50 CFR 20.153, these meetings are open to
public observation, and observers may submit written comments to the
Service on the matters discussed. These meetings are announced in the
Federal Register or online on the Service's Migratory Bird Program
website at https://www.fws.gov/event/us-fish-and-wildlife-service-migratory-bird-regulations-committee-meeting at least 2 weeks before
the meeting date.
Rulemaking Process for the 2025-26 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 2025-
26 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 50 CFR part 20, subpart K. For the 2025-26 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 2025-26 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.
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 89 FR
41522, May 13, 2024, for the latest definitions and descriptions).
Major steps in the 2025-26 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 and proposed season
frameworks in winter 2024 and final season frameworks in spring 2025.
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
[[Page 7058]]
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 at the time of publication. Because this and other
documents will omit those items not requiring attention, the remaining
numbered items may be discontinuous and the list may appear incomplete.
Potential New Process for Authorizing Annual Hunting Seasons
For subsequent documents concerning the 2025-26 hunting regulations
for certain migratory game birds, we may publish the remaining proposed
and final rulemaking documents as we have done for many years (i.e., by
following the current rulemaking process). However, to improve the
regulations development process, we are considering a new approach that
would be based on a change in our administrative process. In the Spring
2024 Unified Agenda of Regulatory and Deregulatory Actions (see https://www.reginfo.gov), we announced that we are developing this new
process, which would be published as a proposed rule under RIN 1018-
BI04.
In brief, the new approach would involve codifying in regulations a
new administrative process and our current provisions that change
infrequently. By placing these provisions in regulations, we would no
longer need to go through annual rulemaking to authorize annual
migratory game bird hunting seasons. In the future, we would engage in
rulemaking only when we have determined that changes to specific
provisions in our regulations are appropriate and necessary.
We expect this new direction for our administrative process to
increase efficiency, better meet State, Tribal, and Federal rulemaking
constraints, and reduce complexity and costs in the promulgation of
annual migratory game bird hunting regulations. Our goal is to better
serve State and Tribal partners and the hunting public while continuing
to meet the legal requirements of the Administrative Procedure Act (5
U.S.C. 551-559) and the conservation purposes of the MBTA. By
eliminating annual rulemaking, the Service would save about $80,000 per
year in printing costs, reduce staff workload by about 1,700 hours,
reduce managerial workload of reviewing and surnaming documents by
about 200 hours, and allow Federal limits to be established in the
spring versus in the late summer, thereby providing States and Tribes
more time for developing their annual regulations.
A National Hunting Regulations Working Group has been established
that includes representatives from all four Flyway Councils to help
develop and review this potential new process.
Tribal Regulations
As part of our effort to improve the annual rulemaking process, we
published a final rule for migratory game bird hunting regulations on
certain Federal Indian reservations and ceded lands on September 1,
2023 (88 FR 60375). Tribal migratory bird hunting regulations include
guidelines for Tribes that want to establish migratory game bird
hunting regulations on Federal Indian reservations (including off-
reservation trust lands) and ceded lands through their own rulemaking
process. Tribes are not required to submit a proposal to the Service
for our review and approval. We established these regulatory guidelines
in response to Tribal requests for our recognition of their reserved
hunting rights, recognition of their Tribal sovereignty, and, for some
Tribes, recognition of their authority to regulate hunting by both
Tribal and nontribal members throughout their reservations. 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 2025-26 general duck hunting seasons, other
recommended changes or specific preliminary proposals that vary from
the 2024-25 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 2025-26 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 2025-26 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
[[Page 7059]]
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 2024-
25,'' with its corresponding 2024 finding of no significant impact.
Endangered Species Act Consideration
Before issuance of the 2025-26 migratory game bird hunting
regulations, we will comply with provisions of the Endangered Species
Act of 1973, as amended (ESA; 16 U.S.C. 1531-1543), 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 ESA
may cause us to change proposals in future supplemental proposed
rulemaking documents.
Regulatory Planning and Review--Executive Orders 12866, 13563, and
14094
Executive Order (E.O.) 14094 reaffirms and amends the principles of
E.O. 12866 and E.O. 13563. E.O. 13563 emphasizes that regulations must
be based on the best available science. The rulemaking process must
allow for public participation and an open exchange of ideas; promote
predictability and reduce uncertainty; identify and use the best, most
innovative, and least burdensome tools for achieving regulatory ends;
take into account benefits and costs, both quantitative and
qualitative; and ensure that regulations are accessible, consistent,
written in plain language, and easy to understand. E.O. 14094 states
that regulatory analysis should facilitate agency efforts to develop
regulations that serve the public interest and advance statutory
objectives. As practicable and appropriate and to the extent permitted
by law, regulatory analysis shall recognize distributive impacts and
equity. To the extent practicable and consistent with applicable law,
regulatory actions should be informed by input from interested or
affected communities; State, local, territorial, and Tribal officials
and agencies; interested or affected parties in the private sector and
other regulated entities; those with expertise in relevant disciplines;
and the public as a whole. We have developed this proposed rule in a
manner consistent with these requirements.
E.O. 12866, as reaffirmed by E.O. 13563 and reaffirmed and amended
by E.O. 14094, provides that the Office of Information and Regulatory
Affairs (OIRA) in the Office of Management and Budget (OMB) will review
all significant rules. This action is a ``significant regulatory
action,'' as defined under section 3(f)(1) of E.O. 12866 (58 FR 51735,
October 4, 1993), as amended by E.O. 14094 (88 FR 21879, April 11,
2023).
An economic analysis was prepared for the 2025-26 migratory bird
hunting season. This analysis was based on data from the 2011 and the
2016 National Survey of Fishing, Hunting, and Wildlife-Associated
Recreation (National Survey), the most recent years for which data are
available. See discussion under Required Determinations, Regulatory
Flexibility Act, below. This analysis estimated consumer surplus for
four alternatives for hunting regulations. As defined by OMB 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) not opening a hunting season, (2)
issuing restrictive regulations that allow fewer days than the 2024-25
season, (3) issuing moderate regulations that allow more days than in
Alternative 2 but fewer days than the 2024-25 season, and (4) issuing
liberal regulations that allow days similar to the 2024-25 season. The
estimated consumer surplus associated with liberal regulations issued
for the 2024-25 season across all flyways was $606 million to $797
million (2023$). We also chose Alternative 4 (liberal regulations) for
the 2009-10 through 2023-24 seasons. The 2025-26 analysis is part of
the record for this rulemaking action and is available at https://www.regulations.gov at Docket No. FWS-HQ-MB-2024-0127.
Regulatory Flexibility Act
The annual migratory bird hunting regulations have a significant
economic impact on substantial numbers of small entities, such as
restaurants, grocery stores, lodging, transportation, and sporting
goods stores, 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, which is generally conducted at 5-year
intervals. The 2022 National Survey did not collect migratory bird
expenditure data, so the 2025-26 migratory bird hunting season analysis
is based on the 2011 and 2016 National Surveys and the U.S. Department
of Commerce's County Business Patterns, from which it is estimated that
migratory bird hunters will spend approximately $2.6 billion (2023$) at
small businesses during the 2025-26 migratory bird hunting season. In
summary, this proposed rule would have a significant beneficial
economic impact on small entities. Without these annual regulations,
States cannot establish migratory bird hunting seasons. A wide range of
businesses and individuals benefit economically from the establishment
of the annual migratory bird hunting regulations. The initial
regulatory flexibility analysis can be found in the economic analysis
of the migratory game bird hunting regulations for the 2025-26 season.
Copies of the economic 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-2024-0127.
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 proposed 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
[[Page 7060]]
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 02/28/2027).
1018-0023, ``Migratory Bird Surveys, 50 CFR 20.20''
(expires 05/31/2026). 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 10/30/2027).
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 1 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 rulemaking 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 MBTA, does not have significant takings implications and does not
affect any constitutionally protected property rights. This proposed
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 proposed rule would allow hunters to exercise
otherwise unavailable privileges and, therefore, reduces 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 with
respect to impacts to Tribes' treaty rights to hunt waterfowl. We have
determined that there are de minimis effects on Indian Tribes for that
aspect of their treaty rights. Through this process to establish annual
hunting regulations, we regularly coordinate with Tribes that are
affected by this proposed rulemaking action. Tribes have the
opportunity to attend spring and fall flyway meetings, provide comments
on Federal Register publications concerning migratory bird hunting,
and, whenever needed, we hold informal consultations with Tribes
regarding trust resources, trust assets, health, and safety. Also,
while streamlining the migratory bird hunting regulation process, four
informational webinars were held to present the new process to Tribes,
giving Tribes the opportunity to provide input and to ask questions
about the Tribal migratory bird hunting regulations. This proposed rule
would not have substantial direct effects on one or more Indian Tribes,
on the relationship between the Federal Government and Indian Tribes,
or on the distribution of power and responsibilities between the
Federal Government and Indian Tribes.
This proposed rule is general in nature and does not directly
affect any specific Tribal lands, treaty rights, or Tribal trust
resources. In addition, this proposed rule does not interfere with the
ability of Tribes to manage themselves or their funds or to regulate
migratory bird activities on Tribal lands. Therefore, we preliminarily
conclude that this proposed rule does not have ``Tribal implications''
under section 1(a) of E.O. 13175 with respect to waterfowl treaty
rights. Thus, formal government-to-government consultation is not
required by E.O. 13175 and related policies of the Department of the
Interior. We will continue to collaborate with Tribes on concerns
related to migratory bird hunting regulations.
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 MBTA. 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. This proposed rule would 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 proposed regulations do not have
federalism implications and do not warrant the preparation of a
federalism summary impact statement.
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 2025-26
hunting season are authorized under 16 U.S.C. 703-712, and 742 a-j.
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
Proposed 2025-26 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.
[[Page 7061]]
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 (A, B, C, and D) 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 2025-26 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 2025-26 general duck seasons.
For the 2025-26 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 (beginning with the 1997-98 general duck hunting
season; 62 FR 31298, June 6, 1997). Beginning with the 2002-03 season,
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 (67 FR 47224, July 17, 2002). These extended dates were made
available with no associated penalty in season length or bag limits.
Beginning with the 2019-20 season, 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
proposed to extend the framework closing date to January 31 across all
four Flyways for the 2019-20 season (84 FR 16152, April 17, 2019).
The John D. Dingell, Jr. Conservation, Management, and Recreation
Act of 2019 (Pub. L. 116-9, Dingell Act) amended the MBTA to establish
that the closing framework date for duck seasons will be January 31,
unless a flyway chooses an earlier closing date. Thus, as directed by
the Dingell Act, we adjusted the framework closing date under each
regulatory alternative for all four Flyways to January 31 beginning
with the 2019-20 season (84 FR 42996, August 19, 2019). Beginning with
the 2021-22 season, we agreed to move the opening framework date to 1
week earlier in the restrictive regulatory alternative for the
Mississippi and Central Flyways based on their recommendations (85 FR
51854, August 21, 2020).
For the 2025-26 general duck season, we propose to use the same
regulatory alternatives that are in effect for the 2024-25 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 2025-26 season in a proposed rule,
which we plan to publish by winter 2024 (see Schedule of Biological
Information Availability, Regulations Meetings, and Federal Register
Publications for the 2025-26 Hunting Season at the end of this proposed
rule for further information).
C. Zones and Split Seasons
Zones and split seasons are special regulations designed to
distribute hunting opportunities and harvests according to temporal,
geographic, and demographic variability in waterfowl and other
migratory game bird populations. The Service has allowed the use of
zones to provide equitable distribution of duck hunting opportunities
within a State or region. The intent is not to increase total annual
waterfowl harvest in the zoned areas; harvest levels are to be adjusted
downward if they exceeded traditional levels as a result of zoning. In
1991, the Service developed guidelines to provide a framework for
controlling the proliferation of zones and split seasons in duck
hunting. Substantial concern remains about the unknown consequences of
zones and split seasons on duck populations and harvest redistribution
among States and flyways, potential reduced effectiveness of
regulations (season length and bag limit) to reduce duck harvest if
needed, and the administrative burden. The guidelines identified a
limited number of zone and split-season configurations that could be
used for duck hunting and restricted the frequency of changes in State
selection among these configurations to the beginning of 5-year
intervals.
The next opportunity for States to select zones and split-season
configurations for duck hunting is in 2025 for the fixed period of
2026-2030 seasons. We are proposing to adopt the same zones and split-
season guidelines and configurations for duck hunting as we used for
the 2021-25 seasons. We discussed and presented guidelines and
configurations for duck zones and split seasons during 2021-25 seasons
in our August 21, 2020, final rule (85 FR 51854 at 51857-51858). For
those States wishing to change zone and split-season configurations in
time for the 2026-2030 seasons, we would need to receive configuration
selections and zone descriptions by August 31, 2025.
We also note that when we adopted guidelines for duck zones and
split seasons during 2021-25 seasons, we offered a new configuration
(two zones with up to three season segments in each) at the request of
the four Flyway Councils. We expressed our sensitivity to the States'
desires for flexibility in addressing human dimensions concerns of the
hunting public (i.e., foster hunter recruitment, retention, and
satisfaction) despite our continued concerns about the proliferation of
zones, impacts to harvest, regulation complexity, and administrative
burden. Similarly, we revised the zones-splits guidelines for the 2011-
2015 period to allow two new options (four zones with a continuous
season, and three zones with up to two
[[Page 7062]]
season segments in each) at the request of the four Flyway Councils (77
FR 23094 at 23100-23101, April 17, 2012). Because the two zones and
three season segments configuration are new, we stated in 2020 (85 FR
51854 at 51857-51858, August 21, 2020) that States that select this
configuration must conduct an evaluation of impacts to hunter dynamics
(e.g., hunter numbers, satisfaction) and harvest during the fixed 5-
year period it is implemented (e.g., 2021-25 period). Five States
selected the new configuration for the 2021-25 period in two Flyways:
Atlantic (Connecticut, Maryland, North Carolina, and Virginia) and
Mississippi (Louisiana). These States will need to provide an
evaluation through the 2025 season regardless of actual implementation.
D. Special Seasons/Species Management
v. Pintails
Over the past 5 years, scientists from the U.S. Geological Survey
(USGS) and the Service, in consultation with the Flyway Councils, have
collaborated on the development of a revised decision framework for
pintail harvest management. The Flyway Councils and Service undertook
the revision process due to several concerns about the current strategy
(adopted in 2010; see 75 FR 44856 at 44860; July 29, 2010). Concerns
included public desires for inclusion of a more liberal regulatory
alternative (3-pintail daily bag limit), reliance on outdated modeling
techniques and data, and communication challenges associated with the
regulatory schedule. To address these concerns, the Service convened
the national Pintail Working Group (PWG) composed of two
representatives from each Flyway, the four Service Flyway
Representatives, and technical experts from the Service and USGS.
The PWG evaluated pintail population and harvest dynamics, built
new models using updated data and modern estimation methods, and
developed and evaluated many alternative harvest strategies. An
important change is that the model of predicted harvest includes an
estimate of fall population size. This has an important effect on the
harvest strategy because the expected harvest decreases with decreasing
fall pintail population size. The strategy recognizes that there is
sustainable harvest under conditions that were not previously thought
sustainable. (i.e., expected increase in frequency of regulatory
alternatives with liberal pintail daily bag limits including the
possibility for 3 pintails).
In January 2024, after extensive consultation, the PWG proposed an
interim harvest strategy to inform harvest management decisions for
pintails and to learn about the effects of a 3-bird daily bag limit
(new alternative) on management objectives. The interim strategy is
intended to be implemented until three hunting seasons with a 3-bird
daily bag limit have been realized (i.e., trial phase over three or
more hunting seasons) with an additional allowance for 2 years for data
collection and analysis, review of performance, and evaluation of
updated alternative strategies. Evaluation results will be provided to
the Flyway technical committees for consideration in the development of
a proposed operational harvest strategy, which may or may not include
an option for a 3-bird daily bag limit.
We greatly appreciate the time and attention over the last 5 years
that the PWG has devoted to review and consideration of the current
pintail harvest strategy, technical updates, and the various
alternatives for implementing a derived pintail harvest strategy. The
revised interim strategy addresses stakeholder concerns with the
current strategy and includes important technical updates with
implications for our harvest management policy. In compliance with the
Information Quality Act (section 515 of Pub. L. 106-554) and Service
policy, a scientific peer review of the interim harvest strategy model
was completed in early May 2023; during that review, no technical
issues or concerns were identified, and reviewer comments have been
addressed. Therefore, we propose to adopt the interim harvest strategy
for pintail harvest management as described by the PWG in their report
entitled, ``Proposed Interim Northern Pintail Harvest Strategy'' dated
February 9, 2024, beginning with the 2025-26 hunting seasons. The
proposed interim pintail harvest strategy is available at the address
indicated under FOR FURTHER INFORMATION CONTACT and at https://www.regulations.gov.
xii. Other
Although not part of any current harvest management strategy, we
propose to allow South Dakota and Nebraska an additional year to
conduct a pilot study during the 2025-26 duck season of a two-tier
regulatory system as described in our March 19, 2020, proposed rule (85
FR 15870 at 15875-15876). The 2024-25 hunting season is the last year
of the planned 4-year pilot study. A final report on the 4-year pilot
study will be due to the Service after the 2024-25 hunting season in
about May 2025, which is after proposals for 2025-26 hunting season are
formulated (about October 2024) by the Service and Flyway Councils. The
1-year extension will allow the Service and Flyway Councils to evaluate
the results of the pilot study in meeting the primary goal of
increasing or stabilizing the number of waterfowl hunters before the
subsequent 2026-27 hunting regulations are developed. If the pilot
study results indicate there is merit, the Service and Flyway Councils
will consider developing a phase-two study that considers application
of the pilot study concepts at the Flyway or national level, rather
than at the State level, which is consistent with the Service's policy
on the scale of migratory game bird management.
The intent of the two-tier regulation study is to evaluate whether
regulations that relax the requirement for hunters 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 efforts in the conservation
community. The study allows a person to obtain one of two license types
during the duck season. The first license type (tier 1) allows a daily
bag limit as specified in the current duck regulations (six ducks) with
species- and sex-specific daily bag limit restrictions for species of
special concern. The second license type (tier 2) allows a daily bag
limit of 3 ducks with no species- or sex-specific restrictions in the
daily bag limit. A memorandum of agreement between the Service and the
two States specifies 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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16. Doves
Similar to duck hunting (see 1. Ducks, above), the Service has
allowed the use
[[Page 7063]]
of zones to provide equitable distribution of dove hunting
opportunities within a State or region. The intent is not to increase
total annual dove harvest in the zoned areas; harvest levels are to be
adjusted downward if they exceed traditional levels as a result of
zoning. In 2006, the Service developed guidelines to provide a
framework for controlling the proliferation of zones and split seasons
in dove hunting (see 71 FR 51406 at 51408, August 29, 2006).
Substantial concern remains about the unknown consequences of zones and
split seasons on dove populations and harvest redistribution among
States and flyways, potential reduced effectiveness of regulations
(season length and bag limit) to reduce dove harvest if needed, and the
administrative burden. The guidelines identified a limited number of
zone and split-season configurations that could be used for dove
hunting and restricted the frequency of changes in State selection
among these configurations to the beginning of a 5-year interval.
The next opportunity for States to select zones and split-season
configurations for dove hunting is in 2025 for the fixed period of
2026-2030 seasons. We are proposing to adopt the same zones and split-
season guidelines and configurations for dove hunting as we used for
the 2021-25 seasons. We discussed and presented guidelines and
configurations for dove zones and split seasons during 2021-25 seasons
in the August 21, 2020, final rule (85 FR 51854 at 51865-51866). For
those States wishing to change zone and split-season configurations in
time for the 2026-2030 seasons, we would need to receive configuration
selections and zone descriptions by August 31, 2025.
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