Published 60-day Federal Register Notice (88 FR 80745)

1018-0171 60-day FRN 11202023 88FR80745.pdf

Establishment of Annual Migratory Bird Hunting Seasons, 50 CFR Part 20

Published 60-day Federal Register Notice (88 FR 80745)

OMB: 1018-0171

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Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Notices
Madonna Baucum,
Information Collection Clearance Officer, U.S.
Fish and Wildlife Service.
[FR Doc. 2023–25555 Filed 11–17–23; 8:45 am]
BILLING CODE 4333–15–P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–HQ–MB–2023–0211;
FXMB1231099BPP0–245–FF09M32000;
OMB Control Number 1018–0171]

Agency Information Collection
Activities; Establishment of Annual
Migratory Bird Hunting Seasons
Fish and Wildlife Service,
Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, we,
the U.S. Fish and Wildlife Service
(Service), are proposing to revise a
currently approved information
collection.

SUMMARY:

Interested persons are invited to
submit comments on or before January
19, 2024.
ADDRESSES: Send your comments on the
information collection request (ICR) by
one of the following methods (reference
‘‘1018–0171’’ in the subject line of your
comment):
• Internet (preferred): https://
www.regulations.gov. Follow the
instructions for submitting comments
on Docket No. FWS–HQ–MB–2023–
0211.
• U.S. mail: Service Information
Collection Clearance Officer, U.S. Fish
and Wildlife Service, 5275 Leesburg
Pike, MS: PRB (JAO/3W), Falls Church,
VA 22041–3803.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, contact Madonna L. Baucum,
Service Information Collection
Clearance Officer, by email at Info_
[email protected], or by telephone at (703)
358–2503. 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-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995 and 5 CFR
1320.8(d)(1), we provide the general
public and other Federal agencies with

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DATES:

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an opportunity to comment on new,
proposed, revised, and continuing
collections of information. This helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. It also
helps the public understand our
information collection requirements and
provide the requested data in the
desired format.
As part of our continuing effort to
reduce paperwork and respondent
burdens, we are again soliciting
comments from the public and other
Federal agencies on the proposed ICR
that is described below. We are
especially interested in public comment
addressing the following:
(1) Whether or not the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether or not the
information will have practical utility;
(2) The accuracy of our estimate of the
burden for this collection of
information, including the validity of
the methodology and assumptions used;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) How might the agency minimize
the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of response.
Comments that you submit in
response to this notice are a matter of
public record. Before including your
address, phone number, email address,
or other personal identifying
information in your comment, you
should be aware that your that your
entire comment—including your
personal identifying information—may
be 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.
Abstract: Migratory game birds are
those bird species so designated in
conventions between the United States
and several foreign nations for the
protection and management of these
birds. Under the Migratory Bird Treaty
Act (16 U.S.C. 703–712), the Secretary
of the Interior is authorized to
determine when ‘‘hunting, taking,
capture, killing, possession, sale,
purchase, shipment, transportation,
carriage, or export of any such bird, or
any part, nest, or egg’’ of migratory game
birds can take place, and to adopt
regulations for this purpose. These

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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
State, Tribal, and Federal governments.
Migratory game bird hunting seasons
provide opportunities for recreation and
sustenance; aid Federal, State, and
Tribal governments in the management
of migratory game birds; and permit
harvests at levels compatible with
migratory game bird population status
and habitat conditions.
The Service 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. Acknowledging
regional differences in hunting
conditions, the Service has
administratively divided the Nation 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 and
Province in that 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, Provincial, and Tribal
governments, as well as private
conservation entities and the general
public.
The information identified below,
solicited annually from State (including
U.S. territory) governments, is necessary
to establish annual migratory bird
hunting seasons. The required
information, received at various times in
the year prior to the actual hunting
season as part of the rulemaking process
described above, is used by the Service
as part of the final rulemaking process
necessary to open annual hunting
seasons otherwise closed by law.
1. Information Requested from States
and U.S. Territories to Establish Annual
Migratory Bird Hunting Seasons—State
and U.S. territory governments that
wish to establish annual migratory game
bird hunting seasons are required to
provide the requested dates and other
details for hunting seasons in their
respective States or Territories. The
information is provided to the Service

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Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Notices

in a non-form format, usually via letter
or spreadsheet, in response to
solicitations for the information sent to
the State governments each year via an
emailed letter and as part of the first
final rule (for the frameworks).
2. Reports (50 CFR part 20)—The
following reports are requested from the
States and are submitted either annually
or every 3 years as explained in the
following text. (NOTE: We annotated
changes, if any, to the reporting
requirements since OMB’s last
approval.)
a. Reports from Experimental Hunting
Seasons and Season Structure Changes
(Required):
i. Atlantic Flyway Council:
• Delaware—Experimental tundra swan
season (Yearly updates and Final
report) (Removed—Completed)
• Connecticut, Maryland, North
Carolina, and Virginia—Evaluation of
the two zone and three segment duck
season zone-split configuration
including impacts on hunter
dynamics (e.g., hunter numbers,
satisfaction) and harvest during the
2021–25 seasons (Final report for each
State). (New)
ii. Mississippi Flyway Council:
• Alabama—Experimental sandhill
crane season (Yearly updates and
Final report) (Removed—Completed)
• Minnesota—Experimental early teal
season (Yearly updates and Final
report)
• Louisiana—Evaluation of the two
zone and three segment duck season
zone-split configuration including
impacts on hunter dynamics (e.g.,
hunter numbers, satisfaction) and
harvest during the 2021–25 seasons
(Final report). (New)
iii. Central Flyway Council:
• New Mexico—Sandhill crane season
in Estancia Valley (Yearly updates
and Final report) Now operational—
Annual data are still required, but
there is not a final report, since this
monitoring will occur in perpetuity
(or as long as the State has that hunt
area). (Removed—Experimental
completed; Moved to State-specific
below)
• South Dakota and Nebraska—
Experimental two-tier hunting
regulations study per the terms of the
study plan and Memorandum of
Agreement among these States and
the Service (Yearly updates and Final
report)
• Wyoming—Split (3-way) season for
Canada geese (Final report only)
(Removed—Completed)
iv. Pacific Flyway Council:

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• California—Split (3-way) season for
white-fronted geese (Final report
only) (Removed—Completed)
• Idaho—Experimental swan season
(Yearly updates and Final report)
(Removed—Completed)
v. Additional State-specific Annual
Reports:
• Arizona—Sandhill crane season
harvest and subspecies composition
(3-year intervals).
• New Mexico—Sandhill crane season
harvest and subspecies composition
in Estancia Valley (Yearly).
(Revised—Relocated from Central
Flyway Council experimental reports
above)
• Delaware, North Carolina, and
Virginia—Tundra swan season hunter
participation and harvest (Yearly).
(Revised—To add Delaware)
• Montana (Central Flyway portion),
North Dakota, and South Dakota—
Tundra swan season hunter
participation and harvest (Yearly).
(Revised—Relocated Montana and
South Dakota to separate bullet
below)
• Montana (Central Flyway portion) and
South Dakota—Swan season hunter
participation, harvest, species
composition, and hunter compliance
rates in providing speciesdeterminant parts or bill
measurements of harvested swans for
species identification (Yearly).
(Revised)
• Idaho, Montana (Pacific Flyway
Portion), Utah, and Nevada—Swan
season hunter participation, harvest,
species composition, and hunter
compliance rates in providing
species-determinant parts or bill
measurements of harvested swans for
species identification (Yearly).
(Revised—To add Idaho and
Montana)
Reports and monitoring are used for a
variety of reasons. Some are used to
monitor species composition of the
harvest for those areas where species
intermingling can confound harvest
management, and potential overharvest
of one species can be of management
concern. Others are used to determine
overall harvest for those species and/or
areas that are not sampled well by our
overall harvest surveys due to either the
limited nature/area of the hunt or
season, or where the harvest requires
close monitoring. Experimental season
reports are used to determine whether
the experimental season is achieving its
intended goals and objectives, without
causing unintended harm to other
species and ultimately whether the
experimental season should proceed to
operational status. Most experimental

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seasons are 3-year trials with yearly
reports and a final report. Most of the
other reports and monitoring are
conducted either annually or at 3-year
intervals.
Proposed Revisions
1. (REVISION) Submissions of Tribal
Proposals—Under the regulations in the
Service’s September 1, 2023, final rule
(88 FR 60375), we have removed the
requirement that Tribes annually submit
their proposed migratory game bird
hunting regulations (and associated
monitoring, anticipated harvest, and
capabilities for regulation development
and enforcement) for our review and
approval. We also will no longer
publish special Tribal migratory game
bird hunting regulations in the Federal
Register (i.e., a proposed and final rule).
The regulations set forth in the
September 1, 2023, final rule adopted
elements of our guidelines in use since
1985 for establishing special migratory
game bird hunting regulations on
Federal Indian reservations (including
off-reservation trust lands) and ceded
lands. Tribes that comply with these
regulations will be authorized to
independently establish special Tribal
migratory bird hunting regulations.
However, if circumstances change and
data indicates migratory game bird
populations are substantially declining
or Tribal hunting increases significantly,
we will reevaluate the regulations at 50
CFR 20.110.
By allowing Tribes to independently
establish special migratory bird hunting
regulations, the Service recognizes
Tribal sovereignty to exercise reserved
hunting rights and, for some Tribes,
recognition of their authority to regulate
hunting by both Tribal and nontribal
members on their reservation. The
September 1, 2023, final rule extended
to Tribes with reserved hunting rights
the same autonomy as the States to
independently establish migratory game
bird hunting seasons for nontribal
members within annually established,
biologically appropriate Federal outside
limits. As an alternative to promulgating
special Tribal migratory game bird
hunting regulations, Tribes may choose
to observe the hunting regulations
established by the State or States in
which the reservation is located. We
coordinated with Tribes over the past 2
years via letters and four webinars as we
developed this new regulatory approach
for Tribal self- management of the
harvest, and we have received positive
feedback. The new system will reduce
the annual administrative burden on
both the Tribes and the Service to
propose, review, and publish special
migratory game bird hunting regulations

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Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Notices
while continuing to sustain healthy
migratory game bird populations for
future generations.
2. (NEW) Requests for Consultation
(Tribes/States)—The new regulations in
the final rule under RIN 1018–BF64 (88
FR 60375, September 1, 2023) also may
be applied to the establishment of
migratory game bird hunting regulations
for nontribal members on all lands
within the reservations where Tribes
have full wildlife-management authority
over such hunting, or where the Tribes
and affected States otherwise have
reached agreement over hunting by
nontribal members on non-Indian lands
within the reservation. Tribes usually
have the authority to regulate migratory
game bird hunting by nonmembers on
Indian-owned reservation lands.
The question of jurisdiction is more
complex on reservations that include
lands owned by non-Indians, especially
when the surrounding States have
established or intend to establish
regulations governing migratory game
bird hunting by non-Indians on these
lands. In those cases, we encourage the
Tribes and States to reach agreement on
regulations that would apply throughout
the reservations. When appropriate, we
will consult with a Tribe and State with
the aim of facilitating an accord. We
also will consult jointly with Tribal and
State officials in the affected States
where Tribes may wish to establish
special migratory game bird hunting
regulations for Tribal members on ceded
lands.
It is incumbent upon the Tribe and/
or the State to request consultation. We
will not presume to make a
determination, without being advised by
either a Tribe or a State, that any issue
is or is not worthy of formal
consultation. Tribal and State requests
for consultation with the Service should
be sent to the Service’s Assistant
Director for the Migratory Bird Program.
We note that our guidance on resolving
issues of concern between Tribes and
States on reservations and ceded lands
is the same guidance we provided under
the previous Tribal regulation process.
3. (NEW) Requests for Experimental
Seasons (Tribes)—We will continue to
consult with Tribes that wish to reach
a mutual agreement (memorandum of
understanding (MOU) or similar type of
formal agreement) on conducting shortterm (possibly several years)
experimental hunting seasons using
methods outside of the Federal hunting
methods at 50 CFR 20.21 for onreservation and ceded lands hunting by
Tribal members. The Tribal-memberonly experimental hunting season
would provide data and evaluation
criteria specified in an agreement for

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consideration if a Tribe would like to
make the additional hunting method
operational. Tribes should send such
requests for consultation to the Service’s
Assistant Director for the Migratory Bird
Program at least 9 months before the
season or ceremony regarding hunting
methods outside of the Federal
regulations.
If any individual Tribe wishes to
make these additional experimental
hunting methods operational and the
Service agrees, the Service will conduct
rulemaking (using any data from the
experimental hunting season) to amend
50 CFR part 20 to allow Tribal members
to use these additional hunting
methods.
Starting with the 2023–2024 hunting
season, annual Tribal hunting season
regulations will no longer be published
in the Federal Register, alleviating the
administrative burden to both the
Service and the Tribes of developing
special Tribal migratory bird hunting
regulation proposals, reviewing
proposals, and publishing Tribal
regulations as Federal regulations. This
process would not apply to seasons for
subsistence take of migratory birds in
Alaska.
Title of Collection: Establishment of
Annual Migratory Bird Hunting
Seasons, 50 CFR part 20.
OMB Control Number: 1018–0171.
Form Numbers: None.
Type of Review: Revision of a
currently approved collection.
Respondents/Affected Public: State
and Tribal governments.
Total Estimated Number of Annual
Respondents: 52 (from State
governments and Territories).
Total Estimated Number of Annual
Responses: 78 (from 52 State and U.S.
Territories, as well as 26 additional
reports).
Estimated Completion Time per
Response: Varies from 4 hours to 650
hours, depending on activity.
Total Estimated Number of Annual
Burden Hours: 11,423.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: Annually.
Total Estimated Annual Nonhour
Burden Cost: None.
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.

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The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Madonna Baucum,
Information Collection Clearance Officer, U.S.
Fish and Wildlife Service.
[FR Doc. 2023–25558 Filed 11–17–23; 8:45 am]
BILLING CODE 4333–15–P

DEPARTMENT OF THE INTERIOR
Office of the Secretary
[234D0102DM, DS61200000,
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Request for Public Nominations for
Authors and Scientific/Technical
Inputs for the First National Nature
Assessment
Office of Policy Analysis,
Interior.
ACTION: Request for public nominations.
AGENCY:

The U.S. Department of the
Interior, on behalf of the U.S. Global
Change Research Program (USGCRP), is
soliciting nominations for authors and
scientific/technical inputs for the First
National Nature Assessment (NNA1).
Refer to the NNA1 Draft Prospectus for
further information on the scope, topics,
and overarching themes for the report.
NNA1 will adhere to the Global Change
Research Act, Information Quality Act,
and Evidence Act requirements for
quality, transparency, and accessibility
as appropriate for a Highly Influential
Scientific Assessment. NNA1 will also
adhere to USGCRP standards and
guidelines requiring it to be a policyneutral and policy-relevant product.
DATES: Nominations should be
submitted via the web address specified
below and must be received by the close
of this notice January 4, 2024. While we
request that scientific/technical inputs
be submitted by the close of this notice,
they will be accepted on an ongoing
basis throughout the development of the
report.
ADDRESSES: Nominations for authors
must be submitted electronically using
a web form accessible via https://
www.globalchange.gov/notices. A short
Curriculum Vitae (CV) of no more than
four (4) pages must be included.
Scientific/technical inputs should also
be submitted electronically using a web
form accessible via https://www.global
change.gov/notices.
Instructions: Response to this notice
is voluntary. Responses to this notice
may be used by the U.S. Government for
program planning on a non-attribution
basis. The Department of the Interior
therefore requests that no business
SUMMARY:

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