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initially arranges with a railroad for hours. Consistent with the existing, Class I carrier to ensure that the transportation of freight pursuant to the approved information collection, Board demurrage charges are accurate and rail carrier’s tariff; or (2) when a rail staff estimates that: (1) Seven Class I warranted, Board staff estimates that, on carrier changes the terms of its carriers would each take on 15 new average, each Class I carrier would have demurrage tariff. The modification customers each year (105 hours); (2) a one-time burden of 80 hours (560 total sought here makes three changes to the each of the seven Class I carriers would hours) to establish or modify existing collection, as follows: (1) One- update its demurrage tariffs annually (7 appropriate protocols and procedures. time adjustments to the Class I railroads’ hours); (3) 677 non-Class I carriers Amortized over three years, this one- billing systems to (a) include would each take on one new customer time burden equals 186.7 hours per information on demurrage invoices, (b) a year (677 hours); and (4) each of the year. For the modification adding a to take appropriate action to ensure that non-Class I carriers would update its shipper invoicing requirement when a the demurrage invoices are accurate and demurrage tariffs every three years warranted, and (2) make an annual (225.7 hours annualized). For the warehouseman and shipper have agreed adjustment to the Class I carriers’ modification to Class I carriers’ and notified the Class I carrier, Board invoicing practices to invoice the invoicing requirements, Board staff staff estimates that annually seven Class shipper when the warehouseman and estimates that, on average, each Class I I carriers would each receive 60 requests the shipper reach agreement for the rail carrier would have a one-time per year for additional shipper invoices serving Class I carrier to invoice the burden of 40 hours (280 total hours). at five minutes per invoice (35 hours). shipper (estimated 60 agreements). Amortized over three years, this one- The total hour burdens are also set Total Burden Hours (annually time burden equals 93.3 hours per year. forth in the table below. including all respondents): 1,329.7 For the modification requiring each

TABLE—TOTAL BURDEN HOURS [per year]

Estimated Estimated Existing Existing one-time one-time Estimated annual annual burden for burden for annual burden Total yearly Respondents burden update burden additional appropriate for invoicing burden hours (hours) (hours) data protocols agreement (hours) (hours) (hours)

7 Class I Carriers ...... 105 7 93.3 186.7 35 427 677 Non-Class I Carriers ...... 677 225.7 ...... 902.7

Totals ...... 782 232.7 93.3 186.7 35 1,329.7

Total ‘‘Non-hour Burden’’ Cost: There to adjudicate demurrage disputes that DEPARTMENT OF THE INTERIOR are no other costs identified because come before the agency. Fish and Wildlife Service filings are submitted electronically to As described in more detail above in the Board. the NPRM, the Board is amending the Needs and Uses: Demurrage is a 50 CFR Part 20 rules that apply to this collection of charge that railroads assess their demurrage disclosure requirements to [Docket No. FWS–HQ–MB–2019–0004; customers for detaining rail cars beyond FF09M21200–189–FXMB1231099BPP0] a specified amount of time. It both require the inclusion of additional compensates railroads for expenses information in the billing invoices RIN 1018–BD89 incurred for that rail car and serves as issued by Class I carriers, to require Migratory Bird Hunting; Proposed a penalty for undue car detention to Class I carriers to ensure that demurrage 2020–21 Migratory Game Bird Hunting promote efficiency. Demurrage is charges are accurate and warranted, and Regulations (Preliminary) With subject to the Board’s jurisdiction under to require Class I carriers to invoice the Requests for Indian Tribal Proposals; 49 U.S.C. 10702 and section 10746. shipper when the warehouseman and A railroad and its customers may the shipper reach agreement for the Notice of Meetings enter into demurrage contracts without Class I carrier to do so. The collection AGENCY: Fish and Wildlife Service, providing notice, but, in the absence of by the Board of this information, and Interior. such contracts, demurrage will be the agency’s use of this information, ACTION: Proposed rule; availability of governed by the railroad’s demurrage enables the Board to meet its statutory supplemental information. tariff. Under 49 CFR 1333.3, a railroad’s duties. SUMMARY: ability to charge demurrage pursuant to [FR Doc. 2019–22202 Filed 10–11–19; 8:45 am] The U.S. Fish and Wildlife its tariff is conditional on its having Service (hereinafter the Service or we) given, prior to rail car placement, actual BILLING CODE 4915–01–P proposes to establish annual hunting notice of the demurrage tariff to the regulations for certain migratory game person receiving rail cars for loading birds for the 2020–21 hunting season. and unloading. Once a shipper receives We annually prescribe outside limits a notice as to a particular tariff, (frameworks) within which States may additional notices are required only select hunting seasons. This proposed when the tariff changes materially. The rule provides the regulatory schedule, parties rely on the information in the announces the Service Migratory Bird demurrage tariffs to avoid demurrage Regulations Committee (SRC) meetings, disputes, and the Board uses the tariffs describes the proposed regulatory

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alternatives for the 2020–21 duck Process for the Annual Migratory Game Agencies, also assist in researching and hunting seasons, and requests proposals Bird Hunting Regulations providing migratory game bird from Indian tribes that wish to establish Beginning in the summer of 2015, management information for Federal, special migratory game bird hunting with the development of the 2016–17 State, and Provincial governments, as regulations on Federal Indian hunting seasons, we now make well as private conservation entities and reservations and ceded lands. Migratory decisions for migratory bird harvest the general public. The process for adopting migratory bird hunting seasons provide management based on predictions game bird hunting regulations, located opportunities for recreation and derived from long-term biological in title 50 of the Code of Federal sustenance; aid Federal, State, and tribal information and established harvest Regulations (CFR) at part 20, is governments in the management of strategies. Under this process, we constrained by three primary factors. migratory game birds; and permit develop proposed hunting season harvests at levels compatible with Legal and administrative considerations frameworks for a given year in the fall dictate how long the rulemaking process migratory game bird population status of the prior year. We then finalize those and habitat conditions. will last. Most importantly, however, frameworks a few months later, thereby the biological cycle of migratory game DATES: Comments: You may comment enabling the State agencies to select and on the general harvest strategy and the birds controls the timing of data- publish their season dates in early gathering activities and thus the dates proposed regulatory alternatives for the summer. This proposed rule is the first 2020–21 season until November 15, on which these results are available for in a series of proposed and final consideration and deliberation. For the 2019. Following subsequent Federal rulemaking documents for the Register documents, you will be given regulatory cycle, Service biologists establishment of the 2020–21 hunting gather, analyze, and interpret biological an opportunity to submit comments on seasons. the proposed frameworks by January 15, survey data and provide this 2020. Tribes must submit proposals and Background and Overview information to all those involved in the process through a series of published related comments on or before Migratory game birds are those bird December 1, 2019. status reports and presentations to species so designated in conventions Flyway Councils and other interested Meetings: The SRC will conduct a between the United States and several meeting on October 8–9, 2019, to parties. Because the Service is required foreign nations for the protection and to take abundance of migratory game consider and develop proposed management of these birds. Under the regulations for the 2020–21 migratory birds and other factors into Migratory Bird Treaty Act (16 U.S.C. consideration, the Service undertakes a game bird hunting seasons. Meetings on 703–712), the Secretary of the Interior is both days are open to the public and number of surveys throughout the year authorized to determine when ‘‘hunting, in conjunction with Service Regional will commence at approximately 8:00 taking, capture, killing, possession, sale, a.m. Offices, the Canadian Wildlife Service, purchase, shipment, transportation, and State and Provincial wildlife- ADDRESSES: You may submit comments carriage, or export of any * * * bird, or management agencies. To determine the on the proposals by one of the following any part, nest, or egg’’ of migratory game appropriate frameworks for each methods: birds can take place, and to adopt • species, we consider factors such as Federal eRulemaking Portal: http:// regulations for this purpose. These population size and trend, geographical www.regulations.gov. Follow the regulations are written after giving due distribution, annual breeding effort, instructions for submitting comments regard to ‘‘the zones of temperature and condition of breeding and wintering on Docket No. FWS–HQ–MB–2019– to the distribution, abundance, habitat, number of hunters, and 0004. economic value, breeding habits, and • anticipated harvest. After frameworks U.S. Mail or Hand-Delivery: Public times and lines of migratory flight of are established for season lengths, bag Comments Processing, Attn: FWS–HQ– such birds’’ and are updated annually limits, and areas for migratory game bird MB–2019–0004; Division of Policy, (16 U.S.C. 704(a)). This responsibility hunting, States may select season dates, Performance, and Management has been delegated to the Service as the bag limits, and other regulatory options Programs; U.S. Fish and Wildlife lead Federal agency for managing and for the hunting seasons. States may Service, MS: BPHC; 5275 Leesburg Pike, conserving migratory birds in the always be more conservative in their Falls Church, VA 22041. United States. However, migratory game selections than the Federal frameworks, We will not accept emailed or faxed bird management is a cooperative effort but never more liberal. comments. We will post all comments of State, Tribal, and Federal on http://www.regulations.gov. This governments. Service Migratory Bird Regulations generally means that your entire The Service develops migratory game Committee Meetings submission—including any personal bird hunting regulations by establishing The SRC conducted an open meeting identifying information—will be posted the frameworks, or outside limits, for on April 23, 2019, to discuss on the website. See the Public season lengths, bag limits, and areas for preliminary issues for the 2020–21 Comments section, below, for more migratory game bird hunting. regulations, and will conduct another information. Acknowledging regional differences in meeting on October 8–9, 2019 to review Meetings: The October 8–9, 2019, SRC hunting conditions, the Service has information on the current status of meeting will be at the U.S. Fish and administratively divided the Nation into migratory game birds and develop Wildlife Service, 5600 American four Flyways for the primary purpose of 2020–21 migratory game bird Boulevard, Bloomington, MN 55437. managing migratory game birds. Each regulations recommendations for these FOR FURTHER INFORMATION CONTACT: Ron Flyway (Atlantic, Mississippi, Central, species. In accordance with W. Kokel at: Division of Migratory Bird and Pacific) has a Flyway Council, a Departmental policy, these meetings are Management, U.S. Fish and Wildlife formal organization generally composed open to public observation. You may Service, Department of the Interior, MS: of one member from each State and submit written comments to the Service MB, 5275 Leesburg Pike, Falls Church, Province in that Flyway. The Flyway on the matters discussed. See DATES and VA 22041; (703) 358–1714. Councils, established through the ADDRESSES for information about these SUPPLEMENTARY INFORMATION: Association of Fish and Wildlife meetings.

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Notice of Intent To Establish Open 2. Sea Ducks contact: Tina Chouinard, U.S. Fish and Seasons 3. Mergansers Wildlife Service, 606 Browns Church 4. Canada Geese This document announces our intent Road, Jackson, TN 38305; 731–432– A. Special Early Seasons 0981; [email protected]. to establish open hunting seasons and B. Regular Seasons daily bag and possession limits for C. Special Late Seasons Requests for Tribal Proposals certain designated groups or species of 5. White-fronted Geese migratory game birds for 2020–21 in the 6. Brant Background contiguous United States, Alaska, 7. Snow and Ross’s (Light) Geese Beginning with the 1985–86 hunting Hawaii, Puerto Rico, and the Virgin 8. Swans season, we have employed guidelines 9. Sandhill Cranes Islands, under §§ 20.101 through 20.107, 10. Coots described in the June 4, 1985, Federal 20.109, and 20.110 of subpart K of 50 11. Moorhens and Gallinules Register (50 FR 23467) to establish CFR part 20. For the 2020–21 migratory 12. Rails special migratory game bird hunting game bird hunting season, we will 13. Snipe regulations on Federal Indian propose regulations for certain 14. Woodcock reservations (including off-reservation designated members of the avian 15. Band-tailed Pigeons trust lands) and ceded lands. We families Anatidae (ducks, geese, and 16. Doves developed these guidelines in response swans); Columbidae (doves and 17. Alaska to tribal requests for our recognition of pigeons); Gruidae (cranes); Rallidae 18. Hawaii 19. Puerto Rico their reserved hunting rights, and for (rails, coots, moorhens, and gallinules); 20. Virgin Islands some tribes, recognition of their and Scolopacidae (woodcock and 21. Falconry authority to regulate hunting by both snipe). We describe these proposals 22. Other tribal and nontribal members under Proposed 2020–21 Migratory Later sections of this and subsequent throughout their reservations. The Game Bird Hunting Regulations guidelines include possibilities for: (Preliminary) in this document. We documents will refer only to numbered items requiring your attention. (1) On-reservation hunting by both annually publish definitions of flyways tribal and nontribal members, with and management units, and a Therefore, it is important to note that we will omit those items requiring no hunting by nontribal members on some description of the data used in and the reservations to take place within Federal factors affecting the regulatory process attention, so remaining numbered items will be discontinuous, making the list frameworks, but on dates different from (see June 4, 2018, Federal Register (83 those selected by the surrounding FR 25738) for the latest definitions and appear incomplete. The proposed regulatory alternatives State(s); descriptions). for the 2020–21 duck hunting seasons (2) On-reservation hunting by tribal Regulatory Schedule for 2020–21 are contained at the end of this members only, outside of usual Federal frameworks for season dates, season This document is the first in a series document. We plan to publish final duck regulatory alternatives and length, and daily bag and possession of proposed, supplemental, and final limits; and rulemaking documents for migratory proposed season frameworks in mid- December 2019. We plan to publish (3) Off-reservation hunting by tribal game bird hunting regulations. We will members on ceded lands, outside of publish additional supplemental final season frameworks in late February 2020. usual framework dates and season proposals for public comment in the length, with some added flexibility in Federal Register as population, habitat, Review of Public Comments daily bag and possession limits. harvest, and other information become This proposed rulemaking contains In all cases, tribal regulations available. Major steps in the 2020–21 the proposed regulatory alternatives for established under the guidelines must regulatory cycle relating to open public the 2020–21 duck hunting seasons. This be consistent with the annual March 11 meetings and Federal Register proposed rulemaking also describes to August 31 closed season mandated by notifications are illustrated in the other recommended changes or specific the 1916 Convention Between the diagram at the end of this proposed rule. preliminary proposals that vary from the United States and Great Britain (for All publication dates of Federal 2019–20 regulations and issues Canada) for the Protection of Migratory Register documents are target dates. All requiring early discussion, action, or the Birds (Convention). The guidelines are sections of this and subsequent attention of the States or tribes. We will applicable to those tribes that have documents outlining hunting publish responses to all proposals and reserved hunting rights on Federal frameworks and guidelines are written comments when we develop Indian reservations (including off- organized under numbered headings. final frameworks for the 2020–21 reservation trust lands) and ceded lands. These headings are: season. We seek additional information They also may be applied to the 1. Ducks and comments on this proposed rule. establishment of migratory game bird A. General Harvest Strategy hunting regulations for nontribal B. Regulatory Alternatives Consolidation of Rulemaking members on all lands within the C. Zones and Split Seasons Documents exterior boundaries of reservations D. Special Seasons/Species Management i. September Teal Seasons For administrative purposes, this where tribes have full wildlife- ii. September Teal/Wood Duck Seasons document consolidates the notice of our management authority over such iii. Eastern Mallards intent to establish open migratory game hunting, or where the tribes and affected iv. Black Ducks bird hunting seasons and the request for States otherwise have reached v. Canvasbacks tribal proposals with the preliminary agreement over hunting by nontribal vi. Pintails proposals for the annual hunting members on non-Indian lands. vii. Scaup regulations-development process. We Tribes usually have the authority to viii. Mottled Ducks ix. Wood Ducks will publish the remaining proposed regulate migratory game bird hunting by x. Youth Hunt and final rulemaking documents nonmembers on Indian-owned xi. Mallard Management Units separately. For inquiries on tribal reservation lands, subject to our xii. Other guidelines and proposals, tribes should approval. The question of jurisdiction is

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more complex on reservations that anticipated under the proposed address not listed in ADDRESSES. include lands owned by non-Indians, regulations; and (3) tribal capabilities to Finally, we will not consider hand- especially when the surrounding States enforce migratory game bird hunting delivered comments that we do not have established or intend to establish regulations. For those situations where receive, or mailed comments that are regulations governing migratory bird it could be shown that failure to limit not postmarked, by the date specified in hunting by non-Indians on these lands. tribal harvest could seriously impact the DATES. We will post all comments in In such cases, we encourage the tribes migratory game bird resource, we also their entirety—including your personal and States to reach agreement on request information on the methods identifying information—on http:// regulations that would apply throughout employed to monitor harvest and any www.regulations.gov. Before including the reservations. When appropriate, we potential steps taken to limit level of your address, phone number, email will consult with a tribe and State with harvest. A tribe that desires the earliest address, or other personal identifying the aim of facilitating an accord. We possible opening of the migratory game information in your comment, you also will consult jointly with tribal and bird season for nontribal members should be aware that your entire State officials in the affected States should specify this request in its comment—including your personal where tribes may wish to establish proposal, rather than request a date that identifying information—may be made special hunting regulations for tribal might not be within the final Federal publicly available at any time. While members on ceded lands. It is frameworks. Similarly, unless a tribe you can ask us in your comment to incumbent upon the tribe and/or the wishes to set more restrictive withhold your personal identifying State to request consultation as a result regulations than Federal regulations will information from public review, we of the proposal being published in the permit for nontribal members, the cannot guarantee that we will be able to Federal Register. We will not presume proposal should request the same daily do so. Comments and materials we to make a determination, without being bag and possession limits and season receive, as well as supporting advised by either a tribe or a State, that length for migratory game birds that documentation we used in preparing any issue is or is not worthy of formal Federal regulations are likely to permit this proposed rule, will be available for consultation. the States in the Flyway in which the public inspection on http:// One of the guidelines provides for the reservation is located. www.regulations.gov, or by continuation of tribal members’ harvest appointment, during normal business Tribal Proposal Procedures of migratory game birds on reservations hours, at the U.S. Fish and Wildlife where such harvest is a customary We will publish details of tribal Service, Division of Migratory Bird practice. We do not oppose this harvest, proposals for public review in later Management, 5275 Leesburg Pike, Falls provided it does not take place during Federal Register documents. Because of Church, VA 22041. the closed season required by the the time required for review by us and For each series of proposed Convention, and it is not so large as to the public, Indian tribes that desire rulemakings, we will establish specific adversely affect the status of the special migratory game bird hunting comment periods. We will consider, but migratory game bird resource. Since the regulations for the 2020–21 hunting may not respond in detail to, each inception of these guidelines, we have season should submit their proposals no comment. As in the past, we will reached annual agreement with tribes later than December 1, 2019. Tribes summarize all comments we receive for migratory game bird hunting by should direct inquiries regarding the during the comment period and respond tribal members on their lands or on guidelines and proposals to the person to them after the closing date in any lands where they have reserved hunting listed above under the caption final rules. rights. We will continue to consult with Consolidation of Rulemaking National Environmental Policy Act tribes that wish to reach a mutual Documents. Tribes that request special (NEPA) Consideration agreement on hunting regulations for migratory game bird hunting regulations on-reservation hunting by tribal for tribal members on ceded lands The programmatic document, members. Tribes should not view the should send a courtesy copy of the ‘‘Second Final Supplemental guidelines as inflexible. These proposal to officials in the affected Environmental Impact Statement: guidelines provide appropriate State(s). Issuance of Annual Regulations opportunity to accommodate the Permitting the Sport Hunting of Public Comments reserved hunting rights and Migratory Birds (EIS 20130139),’’ filed management authority of Indian tribes The Department of the Interior’s with the Environmental Protection while also ensuring that the migratory policy is, whenever practicable, to Agency (EPA) on May 24, 2013, game bird resource receives necessary afford the public an opportunity to addresses NEPA compliance by the protection. The conservation of this participate in the rulemaking process. Service for issuance of the annual important international resource is Accordingly, we invite interested framework regulations for hunting of paramount. Use of the guidelines is not persons to submit written comments, migratory game bird species. We required if a tribe wishes to observe the suggestions, or recommendations published a notice of availability in the hunting regulations established by the regarding the proposed regulations. Federal Register on May 31, 2013 (78 State(s) in which the reservation is Before promulgation of final migratory FR 32686), and our Record of Decision located. game bird hunting regulations, we will on July 26, 2013 (78 FR 45376). We also take into consideration all comments we address NEPA compliance for waterfowl Details Needed in Tribal Proposals receive. Such comments, and any hunting frameworks through the annual Tribes that wish to use the guidelines additional information we receive, may preparation of separate environmental to establish special hunting regulations lead to final regulations that differ from assessments, the most recent being for the 2020–21 migratory game bird these proposals. ‘‘Duck Hunting Regulations for 2019– hunting season should submit a You may submit your comments and 20,’’ with its corresponding April 2019 proposal that includes: (1) The materials concerning this proposed rule finding of no significant impact. In requested migratory game bird hunting by one of the methods listed in addition, an August 1985 environmental season dates and other details regarding ADDRESSES. We will not accept assessment entitled ‘‘Guidelines for the proposed regulations; (2) harvest comments sent by email or fax or to an Migratory Bird Hunting Regulations on

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Federal Indian Reservations and Ceded 19 season, (2) issue moderate If you feel that we have not met these Lands’’ is available from the address regulations allowing more days than requirements, send us comments by one indicated under the caption FOR those in alternative 1, and (3) issue of the methods listed in ADDRESSES. To FURTHER INFORMATION CONTACT. liberal regulations identical to the better help us revise the rule, your regulations in the 2018–19 season. For comments should be as specific as Endangered Species Act Consideration the 2019–20 season, we chose possible. For example, you should tell Before issuance of the 2020–21 Alternative 3, with an estimated us the numbers of the sections or migratory game bird hunting consumer surplus across all flyways of paragraphs that are unclearly written, regulations, we will comply with $263–$347 million with a mid-point which sections or sentences are too provisions of the Endangered Species estimate of $305 million. We also chose long, the sections where you feel lists or Act of 1973, as amended (16 U.S.C. alternative 3 for the 2009–10 through tables would be useful, etc. 1531–1543; hereinafter the Act), to 2018–19 seasons. We will select Small Business Regulatory Enforcement ensure that hunting is not likely to regulations for the 2020–21 season in Fairness Act jeopardize the continued existence of December. The analysis is part of the any species designated as endangered or record for this rule and is available at This proposed rule is a major rule threatened or modify or destroy its http://www.regulations.gov at Docket under 5 U.S.C. 804(2), the Small critical habitat and is consistent with No. FWS–HQ–MB–2019–0004. Business Regulatory Enforcement conservation programs for those species. Fairness Act. For the reasons outlined Consultations under section 7 of the Act Regulatory Flexibility Act above, this rule would have an annual may cause us to change proposals in The annual migratory bird hunting effect on the economy of $100 million future supplemental proposed regulations have a significant economic or more. However, because this rule rulemaking documents. impact on substantial numbers of small would establish hunting seasons, we do Regulatory Planning and Review entities under the Regulatory Flexibility not plan to defer the effective date (Executive Orders 12866 and 13563) Act (5 U.S.C. 601 et seq.). We analyzed under the exemption contained in 5 the economic impacts of the annual U.S.C. 808(1). Executive Order (E.O.) 12866 provides that the Office of Information and hunting regulations on small business Paperwork Reduction Act Regulatory Affairs (OIRA) in the Office entities in detail as part of the 1981 cost- benefit analysis. This analysis was An agency may not conduct or of Management and Budget (OMB) will sponsor, and a person is not required to review all significant rules. OIRA has revised annually from 1990 through 1995. In 1995, the Service issued a respond to, a collection of information reviewed this rule and has determined unless it displays a currently valid OMB that this rule is significant because it Small Entity Flexibility Analysis (Analysis), which was subsequently control number. This rule does not would have an annual effect of $100 contain any new collection of million or more on the economy. updated in 1996, 1998, 2004, 2008, 2013, 2018, and 2019. The primary information that require approval by E.O. 13563 reaffirms the principles of OMB under the Paperwork Reduction E.O. 12866 while calling for source of information about hunter expenditures for migratory game bird Act of 1995 (44 U.S.C. 3501 et seq.). improvements in the nation’s regulatory OMB has previously approved the system to promote predictability, to hunting is the National Hunting and Fishing Survey, which is generally information collection requirements reduce uncertainty, and to use the best, associated with migratory bird surveys most innovative, and least burdensome conducted at 5-year intervals. The 2019 Analysis is based on the 2011 and 2016 and the procedures for establishing tools for achieving regulatory ends. The annual migratory bird hunting seasons executive order directs agencies to National Hunting and Fishing Survey and the U.S. Department of Commerce’s under the following OMB control consider regulatory approaches that numbers: reduce burdens and maintain flexibility County Business Patterns, from which it • was estimated that migratory bird 1018–0019, ‘‘North American and freedom of choice for the public Woodcock Singing Ground Survey’’ where these approaches are relevant, hunters would spend approximately $1.6 billion at small businesses in 2019. (expires 6/30/2021, and in accordance feasible, and consistent with regulatory with 5 CFR 1320.10, an agency may objectives. E.O. 13563 emphasizes Copies of the Analysis are available upon request from the Division of continue to conduct or sponsor this further that regulations must be based collection of information while the Migratory Bird Management (see FOR on the best available science and that submission is pending at OMB). FURTHER INFORMATION CONTACT) or from the rulemaking process must allow for • 1018–0023, ‘‘Migratory Bird http://www.regulations.gov at Docket public participation and an open Surveys, 50 CFR 20.20’’ (expires 8/31/ No. FWS–HQ–MB–2019–0004. exchange of ideas. We have developed 2020). Includes Migratory Bird Harvest this rule in a manner consistent with Clarity of the Rule Information Program, Migratory Bird these requirements. Hunter Surveys, Sandhill Crane Survey, We are required by E.O. 12866 and An economic analysis was prepared and Parts Collection Survey. 12988 and by the Presidential for the 2019–20 season. This analysis • 1018–0171, ‘‘Establishment of Memorandum of June 1, 1998, to write was based on data from the 2011 and Annual Migratory Bird Hunting all rules in plain language. This means 2016 National Hunting and Fishing Seasons, 50 CFR part 20’’ (expires 06/ that each rule we publish must: Survey, the most recent years for which 30/2021). data are available (see discussion in (a) Be logically organized; Regulatory Flexibility Act section (b) Use the active voice to address Unfunded Mandates Reform Act below). This analysis estimated readers directly; We have determined and certify, in consumer surplus for three alternatives (c) Use clear language rather than compliance with the requirements of the for duck hunting (estimates for other jargon; Unfunded Mandates Reform Act, 2 species are not quantified due to lack of (d) Be divided into short sections and U.S.C. 1502 et seq., that this proposed data). The alternatives are (1) issue sentences; and rulemaking would not impose a cost of restrictive regulations allowing fewer (e) Use lists and tables wherever $100 million or more in any given year days than those issued during the 2018– possible. on local or State government or private

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entities. Therefore, this rule is not a Migratory Bird Treaty Act. We annually 1. Ducks ‘‘significant regulatory action’’ under prescribe frameworks from which the Categories used to discuss issues the Unfunded Mandates Reform Act. States make selections regarding the related to duck harvest management are: hunting of migratory birds, and we Civil Justice Reform—Executive Order (A) General Harvest Strategy, (B) employ guidelines to establish special Regulatory Alternatives, (C) Zones and 12988 regulations on Federal Indian Split Seasons, and (D) Special Seasons/ The Department, in promulgating this reservations and ceded lands. This Species Management. Only those proposed rule, has determined that this process preserves the ability of the categories containing substantial proposed rule will not unduly burden States and tribes to determine which recommendations are discussed below. the judicial system and that it meets the seasons meet their individual needs. requirements of sections 3(a) and 3(b)(2) Any State or Indian tribe may be more A. General Harvest Strategy of E.O. 12988. restrictive than the Federal frameworks We propose to continue using at any time. The frameworks are Takings Implication Assessment adaptive harvest management (AHM) to developed in a cooperative process with In accordance with E.O. 12630, this help determine appropriate duck- the States and the Flyway Councils. hunting regulations for the 2020–21 proposed rule, authorized by the This process allows States to participate season. AHM permits sound resource Migratory Bird Treaty Act, does not in the development of frameworks from decisions in the face of uncertain have significant takings implications which they will make selections, regulatory impacts and provides a and does not affect any constitutionally thereby having an influence on their mechanism for reducing that protected property rights. This rule own regulations. These rules do not uncertainty over time. We use AHM to would not result in the physical have a substantial direct effect on fiscal evaluate four alternative regulatory occupancy of property, the physical capacity, change the roles or levels for duck hunting in the invasion of property, or the regulatory responsibilities of Federal or State Mississippi, Central, and Pacific taking of any property. In fact, this rule governments, or intrude on State policy Flyways based on the population status would allow hunters to exercise or administration. Therefore, in otherwise unavailable privileges and, accordance with E.O. 13132, these of mallards. We use AHM based on the therefore, reduce restrictions on the use regulations do not have significant population status of a suite of four of private and public property. federalism effects and do not have species in the Atlantic Flyway (see sufficient federalism implications to below). We have specific hunting Energy Effects—Executive Order 13211 warrant the preparation of a federalism strategies for species of special concern, E.O. 13211 requires agencies to summary impact statement. such as black ducks, scaup, and pintails. prepare Statements of Energy Effects For additional information of AHM, see when undertaking certain actions. Executive Order 13771—Reducing https://www.fws.gov/birds/ While this proposed rule is a significant Regulation and Controlling Regulatory management/adaptive-harvest- regulatory action under E.O. 12866, it is Costs management.php. not expected to adversely affect energy This action is not subject to Executive Mississippi, Central, and Pacific supplies, distribution, or use. Therefore, Order 13771 (82 FR 9339, February 3, Flyways this action is not a significant energy 2017) because it is issued with respect action and no Statement of Energy to routine hunting and fishing activities. The prescribed regulatory alternative Effects is required. for the Mississippi, Central, and Pacific List of Subjects in 50 CFR Part 20 Flyways is based on the status of Government-to-Government Exports, Hunting, Imports, Reporting mallard populations that contribute Relationship With Tribes and recordkeeping requirements, primarily to each Flyway. In the Central In accordance with the President’s Transportation, Wildlife. and Mississippi Flyways, we set hunting regulations based on the status memorandum of April 29, 1994, Authority ‘‘Government-to-Government Relations and dynamics of mid-continent with Native American Tribal The rules that eventually will be mallards. Mid-continent mallards are Governments’’ (59 FR 22951), E.O. promulgated for the 2020–21 hunting those breeding in central North America 13175, and 512 DM 2, we have season are authorized under 16 U.S.C. (Federal survey strata 13–18, 20–50, and evaluated possible effects on Federally 703–711, 712, and 742 a–j. 75–77, and State surveys in Minnesota, recognized Indian tribes and have Dated: October 1, 2019. Wisconsin, and Michigan). In the Pacific determined that there are no effects on Rob Wallace, Flyway, we set hunting regulations Indian trust resources. However, in this Assistant Secretary for Fish and Wildlife and based on the status and dynamics of proposed rule, we solicit proposals for Parks. western mallards. Western mallards are special migratory bird hunting those breeding in Alaska and the Proposed 2020–21 Migratory Game regulations for certain tribes on Federal northern Yukon Territory (as based on Bird Hunting Regulations (Preliminary) Indian reservations, off-reservation trust Federal surveys in strata 1–12), and in lands, and ceded lands for the 2020–21 Pending current information on California, Oregon, Washington, and migratory bird hunting season. The populations, harvest, and habitat British Columbia (as based on State- or resulting proposals will be contained in conditions, and receipt of Province-conducted surveys). a separate proposed rule. By virtue of recommendations from the four Flyway For the 2020–21 season, we these actions, we have consulted with Councils, we may defer specific recommend continuing to use tribes affected by this rule. regulatory proposals. No changes from independent optimization to determine the 2019–20 frameworks in the the optimal regulatory choice for each Federalism Effects Mississippi, Central, and Pacific mallard stock. This means that we Due to the migratory nature of certain Flyways are being proposed at this time. would develop regulations for mid- species of birds, the Federal Other issues requiring early discussion, continent mallards and western Government has been given action, or the attention of the States or mallards independently, based upon the responsibility over these species by the tribes are contained below: breeding stock that contributes

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primarily to each Flyway. We detailed Final 2020–21 AHM Protocol effect for the 2019–20 season, with the implementation of this AHM decision We will detail the final AHM protocol exceptions noted above (see table below framework for western and mid- for the 2020–21 season in the for specifics of the regulatory continent mallards in the July 24, 2008, supplemental proposed rule, which we alternatives). Alternatives are specified Federal Register (73 FR 43290). will publish in late-September (see for each Flyway and are designated as ‘‘RES’’ for the restrictive, ‘‘MOD’’ for the Atlantic Flyway Schedule of Biological Information Availability, Regulations Meetings and moderate, and ‘‘LIB’’ for the liberal alternative. We will finalize the Last year, we implemented a multi- Federal Register Publications for the regulatory alternatives for each of the 2020–21 Seasons at the end of this stock protocol for the Atlantic Flyway. Flyways for the 2020–21 seasons in proposed rule for further information). The protocol is based on a suite of four early-December 2019. species that represents the dynamics of We will propose a specific regulatory duck harvest in the Atlantic Flyway and alternative in December for each of the C. Zones and Split Seasons the various habitat types used by Flyways to use for their 2020–21 Zones and split seasons are ‘‘special waterfowl throughout the Atlantic seasons after status information regulations’’ designed to distribute Flyway: Green-winged teal (Anas becomes available in late August 2019. hunting opportunities and harvests crecca), common goldeneye (Bucephala B. Regulatory Alternatives according to temporal, geographic, and clangula), ring-necked duck (Aythya demographic variability in waterfowl collaris), and wood duck (Aix sponsa). The basic structure of the current and other migratory game bird These species comprise more than 40 regulatory alternatives for AHM was populations. For ducks, States have adopted in 1997. In 2002, based upon percent of the Atlantic Flyway’s total been allowed the option of dividing recommendations from the Flyway duck harvest, and they reflect regional their allotted hunting days into two (or Councils, we extended framework dates variation in harvest composition. The in some cases three) segments (splits) to in the ‘‘moderate’’ and ‘‘liberal’’ selected species represent upland take advantage of species-specific peaks regulatory alternatives by changing the nesters in boreal and southern Canada of abundance or to satisfy hunters in opening date from the Saturday nearest different areas who want to hunt during (green-winged teal), over-water nesters October 1 to the Saturday nearest in boreal Canada (ring-necked duck), the peak of waterfowl abundance in September 24, and by changing the their area. However, the split-season cavity nesters in the United States and closing date from the Sunday nearest southern Canada (wood duck), and option does not fully satisfy many States January 20 to the last Sunday in who wish to provide a more equitable cavity nesters in boreal Canada January. These extended dates were (goldeneye). The most important winter distribution of harvest opportunities. made available with no associated Therefore, we also have allowed the waterfowl habitats in the Atlantic penalty in season length or bag limits. Flyway (salt marsh, freshwater marsh, establishment of independent seasons in Last year, we adopted a closing duck up to four zones within States for the tidal waters, freshwater ponds and framework date of January 31 for the purpose of providing more equitable lakes, rivers and streams) are important ‘‘moderate’’ and ‘‘liberal’’ alternatives in distribution of harvest opportunity for to at least one of these four species. the Atlantic Flyway as part of the hunters throughout the State. Species selection was also influenced Atlantic Flyway’s new multi-stock AHM In 1978, we prepared an by our need for sufficient time series of protocol (83 FR 47868; September 21, environmental assessment (EA) on the estimates of annual abundance and 2018). We subsequently further use of zones to set duck hunting estimates of harvest rate or annual extended the framework closing date to regulations. A primary tenet of the 1978 harvest. The protocol has a harvest January 31 across all four Flyways for EA was that zoning would be for the objective of no more than 98 percent of the 2019–20 hunting season (84 FR primary purpose of providing equitable maximum sustainable long-term yield 16152; April 17, 2019). distribution of duck hunting for any of the four species. Regulatory More recently, the John D. Dingell, Jr. opportunities within a State or region alternatives are the same as those used Conservation, Management, and and not for the purpose of increasing in the past (under eastern mallard Recreation Act (Act), signed into law on total annual waterfowl harvest in the AHM), except that the mallard bag limit March 12, 2019 (Pub. L. 116–9), zoned areas. In fact, target harvest levels is not prescribed by the optimal amended the Migratory Bird Treaty Act were to be adjusted downward if they regulatory alternative as determined by to specify that the framework closing exceeded traditional levels as a result of the multi-stock AHM protocol. Further date for hunting ducks, mergansers, and zoning. Subsequent to the 1978 EA, we details on biological models used in the coots ‘‘shall be no later than January 31 conducted a review of the use of zones protocol, data sources, optimization of each year.’’ The Act also states that, and split seasons in 1990. In 2011, we methods, and simulation results are with regard to these species, the prepared a new EA analyzing some available at http://www.regulations.gov Secretary shall ‘‘adopt the specific proposed changes to the zone and on our website at https:// recommendation of each respective and split-season guidelines. The current flyway council (as defined in section www.fws.gov/birds/index.php. guidelines were then finalized in 2011 20.152 of title 50, Code of Federal (76 FR 53536; August 26, 2011). Although season length in the Regulations) for the Federal framework Currently, every 5 years, States are Atlantic Flyway is determined by the if the Secretary determines that the afforded the opportunity to change the proposed multi-stock protocol, the daily recommendation is consistent with zoning and split-season configuration bag limit for black ducks will still be science-based and sustainable harvest within which they set their annual duck determined by the international black management.’’ Thus, as directed by the hunting regulations. The next regularly duck AHM harvest strategy. The mallard law, we have adjusted the framework scheduled open season for changes to bag limit in the Atlantic Flyway will be closing date under each regulatory zone and split-season configurations based on a separate assessment of the alternative for all four Flyways to will be in 2020, for use during the 2021– harvest potential of eastern mallards January 31. 25 period. For those States wishing to (see section D.iii. Eastern Mallards For 2020–21, we propose to utilize the change zone and split-season below for further information). same regulatory alternatives that are in configurations in time for the 2021–25

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seasons, we will need to receive new now wish to change their zone and split The next open season for changes to configuration and zone descriptions by arrangement: dove zone and split configurations will May 1, 2020. (1) The new arrangement must be in 2020, for use during the 2021–25 For the 2021–25 open season, the conform to one of the three options period. For those States wishing to guidelines for duck zone and split- identified above; and change zone and split-season season configurations are as follows: (2) The State cannot go back to the configurations in time for the 2021–25 seasons, we will need to receive new Guidelines for Duck Zones and Split grandfathered arrangement that it configuration and zone descriptions by Seasons previously had in place. May 1, 2020. Management Units The following zone and split-season The guidelines are as follows: guidelines apply only for the regular We will continue to utilize the duck season: specific limitations previously Guidelines for Dove Zones and Split (1) A zone is a geographic area or established regarding the use of zones Seasons in the Eastern and Central portion of a State, with a contiguous and split seasons in special management Mourning Dove Management Units boundary, for which independent dates units, including the High Plains Mallard (1) A zone is a geographic area or may be selected for the regular duck Management Unit. We note that the season. portion of a State, with a contiguous original justification and objectives boundary, for which independent (2) Consideration of changes for established for the High Plains Mallard management-unit boundaries is not seasons may be selected for dove Management Unit provided for hunting. subject to the guidelines and provisions additional days of hunting opportunity (2) States may select a zone and split governing the use of zones and split at the end of the regular duck season. In option during an open season. The seasons for ducks. order to maintain the integrity of the option must remain in place for the (3) Only minor (less than a county in management unit, current guidelines following 5 years except that States may size) boundary changes will be allowed prohibit simultaneous zoning and/or make a one-time change and revert to for any grandfathered arrangement, and three-way split seasons within a their previous zone and split changes are limited to the open season. management unit and the remainder of configuration in any year of the 5-year (4) Once a zone and split option is the State. Removal of this limitation period. Formal approval will not be selected during an open season, it must would allow additional proliferation of required, but States must notify the remain in place for the following 5 zone and split configurations and Service before making the change. years. compromise the original objectives of Any State may continue the the management unit. (3) Zoning periods for dove hunting configuration used in the previous 5- will conform to those years used for year period. If changes are made, the D. Special Seasons/Species ducks, e.g., 2021–25. Management zone and split-season configuration (4) The zone and split configuration must conform to one of the following iii. Eastern Mallards consists of two zones with the option for options: three-way (three-segment) split seasons For the Atlantic Flyway, under the (1) No more than four zones with no in one or both zones. As a grandfathered proposed multi-stock AHM protocol for splits; arrangement, Texas will have three the Atlantic Flyway, the mallard bag (2) Split seasons (no more than three zones with the option for two-way (two- limit is not prescribed by the regulatory segments) with no zones; or segment) split seasons in one, two, or all alternative, but is instead based on a (3) No more than three zones with the three zones. option for two-way (two-segment) split separate assessment of the harvest seasons in one, two, or all zones. potential of eastern mallards. We will (5) States that do not wish to zone for propose a specific mallard bag limit for dove hunting may split their seasons Grandfathered Zone and Split the Atlantic Flyway in December. into no more than three segments. Arrangements For the 2021–25 period, any State 16. Doves When we first implemented the zone may continue the configuration used in and split guidelines in 1991, several In 2006 (see July 28, 2006, Federal 2016–20. If changes are made, the zone States had completed experiments with Register, 71 FR 43008), we approved and split-season configuration must zone and split arrangements different guidelines for the use of zones and split conform to one of the options listed from our original options. We offered seasons for doves with implementation above. If Texas uses a new configuration those States a one-time opportunity to beginning in the 2007–08 season. While for the entirety of the 5-year period, it continue (‘‘grandfather’’) those the initial period was for 4 years (2007– cannot go back to the grandfathered arrangements, with the stipulation that 10), we further stated that, beginning in arrangement that it previously had in only minor changes could be made to 2011, zoning would conform to a 5-year place. zone boundaries. If any of those States period. BILLING CODE 4333–15–P

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[FR Doc. 2019–22151 Filed 10–11–19; 8:45 am] BILLING CODE 4333–15–C

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