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Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations initially developed in the 1990s, and the other used the time series of recent abundances from the WBPHS. Based on the resulting predictions of 550,799 and 671,280 canvasbacks, respectively, for the two approaches, we concur with the recommendations of the four Flyway Councils regarding selection of the liberal regulatory alternative for the 202122 season.

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v. Pintails Council Recommendations: The Atlantic, Mississippi, Central, and Pacific Flyway Councils recommended adoption of the liberal regulatory alternative with a 1-pintail daily bag limit for their respective flyways. The Flyway-specific regulations consist of a season length of 60 days in the Atlantic and Mississippi Flyways, 74 days in the Central Flyway, and 107 days in the Pacific Flyway.
Service Response: The Service and four Flyway Councils adopted an AHM
protocol for pintail in 2010 75 FR
44856; July 29, 2010 whereby we set pintail hunting regulations in all four Flyways based on the status and demographics of these birds.
For the 202122 hunting season, we evaluated alternative harvest regulations for pintails using: 1 A management objective of maximum long-term sustainable harvest, including a closedseason constraint of 1.75 million birds;
2 the regulatory alternatives; and 3
current population models and associated weights. Based on a liberal regulatory alternative with a 1-bird daily bag limit for the 202021 season, and the 2020 model predictions of 2.45
million pintails with the center of the population predicted to occur at a mean latitude of 55.2 degrees Federal WBPHS
traditional survey area, strata 118, 20
50, and 7577, the optimal regulation for all four Flyways is the liberal alternative with a 1-pintail daily bag limit. Therefore, we concur with the recommendations of the four Flyway Councils.
vi. Scaup Council Recommendations: The Atlantic, Mississippi, Central, and Pacific Flyway Councils recommended adoption of the restrictive regulatory alternative for the 202122 season. The Flyway-specific regulations consist of a 60-day season with a 1-bird daily bag limit during 40 consecutive days and a 2-bird daily bag limit during 20
consecutive days in the Atlantic Flyway, a 60-day season with a 2-bird daily bag limit during 45 consecutive days and a 1-bird daily bag limit during 15 consecutive days in the Mississippi Flyway, a 1-bird daily bag limit for 74

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days in the Central Flyway which may have separate segments of 39 days and 35 days, and an 86-day season with a 2-bird daily bag limit in the Pacific Flyway. Also, at the April SRC meeting, the Mississippi Flyway Council recommended that the restrictive regulatory alternative for scaup in the Mississippi Flyway be a season of 60
days with a daily bag limit of 2 scaup.
Service Response: The Service and four Flyway Councils adopted an AHM
protocol for scaup in 2008 73 FR 43290, July 24, 2008; 73 FR 51124, August 29, 2008 whereby we set scaup hunting regulations in all four Flyways based on the status and demographics of these birds.
For the 202122 hunting season, we evaluated alternative harvest regulations for scaup using: 1 A management objective of 95 percent of maximum sustainable harvest; 2 the regulatory alternatives; and 3 the current population model. Based on a moderate regulatory alternative for the 202021
season, and the 2020 model prediction of 3.53 million scaup Federal WBPHS
traditional survey area, strata 118, 20
50, and 7577, the optimal regulation for all four Flyways is the restrictive alternative. Therefore, we concur with the recommendations of the four Flyway Councils regarding selection of the restrictive alternative for the 202122
season.
We do not support the Mississippi Flyway Councils recommendation to revise the restrictive scaup regulatory alternative for the Mississippi Flyway to include a 60-day season with a 2-bird daily bag limit. The scaup harvest strategy prescribes allowable harvest limits for each flyway. In 2009, we accepted the Mississippi Flyway Councils recommendation for a hybrid season with 45 days at a 2-bird daily bag limit and 15 days at a 1-bird daily bag under the restrictive alternative to stay within allowable harvest limits. We do not support the current recommendation because it is outside the normal process for revising national harvest strategies, which involves working with the Service and Flyway Councils through the Harvest Management Working Group. Further, predicted harvest under this recommendation would exceed the harvest threshold established for the Mississippi Flyway restrictive alternative, as we previously indicated in 2008 when we received a similar recommendation. We note the Mississippi Flyway Council observation that realized harvests in the Mississippi Flyway have exceeded thresholds in other years, but do not agree that because that has occurred the
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alternative should be replaced with one that explicitly exceeds the threshold.
We encourage the Mississippi Flyway Council to work with the other Flyway Councils through the Harvest Management Working Group to review and possibly revise the current scaup harvest strategy as appropriate, similar to the process that is underway for the pintail harvest strategy.
xi. Other Council Recommendations: The Atlantic Flyway Council recommended a mallard daily bag limit of two birds, only one of which could be female, for the Atlantic Flyway. At the April SRC
meeting, the Central Flyway Council presented an evaluation plan in support of their earlier recommendation that the Service allow South Dakota and Nebraska to evaluate a two-tier regulations system, wherein two different types of regulations would be available to hunters to harvest ducks see 85 FR 51857, August 21, 2020.
Service Response: We agree with the Atlantic Flyway Councils recommendation for a mallard daily bag limit of two birds, of which only one may be female, for the Atlantic Flyway.
The Atlantic Flyway Councils eastern waterfowl AHM protocol see above did not specifically address bag limits for mallards. The number of breeding mallards in the northeastern United States about two-thirds of the eastern mallard population in 1998 has decreased by about 38 percent since 1998, and the overall population has declined by about 1 percent per year during that time period. This situation has resulted in reduced harvest potential for that population. The Service conducted a Prescribed Take Level PTL analysis to estimate the allowable take kill rate for eastern mallards, and compared that with the expected kill rate under the most liberal season length 60 days considered as part of the eastern waterfowl AHM
regulatory alternatives.
Using contemporary data and assuming a management objective of maximum long-term sustainable harvest, the PTL analysis estimated an allowable kill rate of 0.1940.198. The expected kill rate for eastern mallards under a 60-day season and a 2-mallard daily bag limit in the U.S. portion of the Atlantic Flyway was 0.193 SE = 0.016, which is slightly below but not significantly different from the point estimate of allowable kill at maximum long-term sustainable harvest. This indicates that a 2-bird daily bag limit is sustainable at this time.
Regarding the Central Flyway Councils evaluation plan for a two-tier
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