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Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations
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recommendations we earlier adopted in the August 21, 2020, final rule 85 FR
51854 for the 202122 duck season, the AHM regulatory alternatives proposed for the Atlantic, Mississippi, Central, and Pacific Flyways in the October 9, 2020, proposed rule 85 FR 64097 will be used for the 202122 hunting season.
The AHM regulatory alternatives consist only of the maximum season lengths, framework dates, and bag limits for total ducks and mallards. Restrictions for certain species within these frameworks that are not covered by existing harvest strategies will be addressed elsewhere in these frameworks. For those species with specific harvest strategies pintails, black ducks, and scaup, those strategies will again be used for the 202122
hunting season.
Last year, we considered proposals for mid-continent mallard duck regulations from the Central and Mississippi Flyways, which differed in the number of drake mallards in the daily bag limit.
The recommendations from the two Councils in April are the same with regard to the bag limit for drake mallards as those we addressed in 2020
85 FR 51854; August 21, 2020. Since the recommendations have not changed, our decision also has not changed.
Because mid-continent mallards are shared between the two Flyways, the two Flyways need to work together to create a suite of regulatory alternatives to which both can agree. Since such an agreement between the flyways has not yet been reached, the Service supports mallard bag limits for the 202122
season that are the same as those from the 202021 season where the two Councils were last in agreement i.e., no change.
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. For ducks, States have been allowed the option of dividing their allotted hunting days into two or in some cases three segments splits to take advantage of species-specific peaks of abundance or to satisfy hunters in different areas who want to hunt during the peak of waterfowl abundance in their area. We discussed and presented guidelines for duck zones and split seasons during 202125 seasons in the August 21, 2020, final rule see 85 FR
51857. Also at that time, based on a Flyway Council recommendation, we extended the deadline for States to select their zone and split-season configurations and to define potential
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new zone boundaries for the 202125
seasons from May 1, 2020, to August 15, 2020.
Council Recommendations: The Atlantic and Mississippi Flyway Councils recommended that States be allowed an additional year to select their zone and split-season configurations and to define potential new zone boundaries for the 202125
seasons, and that those selections would remain in effect for 4 years 202225.
At the April SRC meeting, the Pacific Flyway Council recommended that Alaska be allowed to move their twosegment season option from the Kodiak zone to the Southeast Zone and retain grandfathered status 5 zones and 1 zone with a split season.
Service Response: We agree with the Atlantic and Mississippi Flyway Councils recommendation to allow States an additional opportunity to select their duck zone and split-season configurations and to define potential new zone boundaries for the 5-year period originally planned for the 2021
25 seasons. This opportunity will apply only to States that have not yet made a change in their zone and split-season configurations for the 202125 seasons, and these selections would remain in effect for the 202225 seasons. The deadline for States to select their zone and split-season configuration and to define potential new zone boundaries for the 202225 seasons was May 1, 2021, but we encourage States to submit their selections and zone boundaries as soon as possible. The guidelines for duck zones and split seasons during 202225 seasons will remain the same as those established in the August 21, 2020, final rule see 85 FR 51857. Any State that selects the new configuration allowed by the Service beginning with the 202122 season i.e., two zones with three segments in each zone must conduct an evaluation of the impacts of zones and splits on hunter dynamics e.g., hunter numbers, satisfaction and harvest.
We are agreeable to allowing States an additional opportunity to select their zone and split-season configurations because some States were planning public input meetings during early spring 2020 to gather additional input prior to making their selection for the 202125 seasons. However, due to the coronavirus pandemic, those public meetings were cancelled, so States were unable to gather that input. However, in the future, we expect to adhere to our established guidelines that restrict the frequency of changes in State selection among these configurations to open seasons at the beginning of 5-year intervals. This is necessary to increase
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our ability to detect the impacts of zones and splits on waterfowl demographics and harvest. 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 associated with changing regulations annually.
After this open period, the next regularly scheduled open season for changes to zone and split-season configurations will be in 2026, for use during the 202630 seasons. In order to allow sufficient time for States to solicit public input regarding their selections of zone and split season configurations in 2026, we will reaffirm the criteria during the 2025 season regulations process. At that time, we will notify States that changes to zone and splitseason configurations should be provided to the Service by May 1, 2026.
We also agree with the Pacific Flyway Councils recommendation that Alaska be allowed to move their two-segment season option from the Kodiak zone to the Southeast Zone and retain grandfathered status. The current guidelines indicate that only minor less than a county in size boundary changes will be allowed for any grandfathered arrangement. Although this is not a boundary change, the transfer of the split to a different, existing zone is simply a reconfiguration of the grandfathered zone and split structure, and the change is expected to have negligible impacts to duck population status and harvest. However, because the intent of zone and split regulations is not to affect harvest distribution, the State of Alaska will be required to provide the Service with an evaluation of impacts to duck harvest and hunter dynamics e.g., hunter numbers, hunter success, hunter satisfaction, etc. during the fixed 5-year period it is implemented e.g., 202125 period, and is encouraged to involve a human dimensions specialist in the assessment.
This review should assist the Service in ascertaining whether major undesirable changes in harvest occurred or hunter participation improved as a result of the regulation change.
D. Special Seasons/Species Management i. September Teal Seasons Because a spring 2020 abundance estimate from the WBPHS for bluewinged teal was not available, we used time series models to predict their
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