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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations hunting frameworks through the annual preparation of separate environmental assessments, the most recent being Duck Hunting Regulations for 2021
22, with its corresponding May 2021
finding of no significant impact. The programmatic document, as well as the separate environmental assessment, is available on our website at https
www.fws.gov/birds/index.php.

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Endangered Species Act Consideration Section 7 of the Endangered Species Act of 1973, as amended 16 U.S.C. 1531
et seq., provides that the Secretary shall insure that any action authorized, funded, or carried out is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of critical habitat.
After we published the October 9, 2020, proposed rule 85 FR 64097, we conducted formal consultations to ensure that actions resulting from these regulations would not likely jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitat. Findings from these consultations are included in a biological opinion, which concluded that the regulations are not likely to jeopardize the continued existence of any endangered or threatened species.
The biological opinion resulting from this section 7 consultation is available as indicated under ADDRESSES.
Regulatory Planning and Review Executive Orders 12866 and 13563
Executive Order E.O. 12866 provides that the Office of Information and Regulatory Affairs OIRA will review all significant rules. OIRA has reviewed documents related to this final rule and has determined that the annual migratory bird hunting regulations are significant because they have an annual effect of $100 million or more on the economy.
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nations regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. E.O.
13563 directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open
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exchange of ideas. We have developed this rule in a manner consistent with these requirements.
An economic analysis was prepared for the 202122 season. This analysis was based on data from the 2016
National Survey of Fishing, Hunting, and Wildlife-Associated Recreation National Survey, the most recent year for which data are available see discussion under Regulatory Flexibility Act, below. This analysis estimated consumer surplus for three alternatives for duck hunting regulations. As defined by the U.S. Office of Management and Budget OMB in Circular A4, 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
issue restrictive regulations allowing fewer days than those issued during the 202021 season, 2 issue moderate regulations allowing more days than those in alternative 1, and 3 issue liberal regulations similar to the regulations in the 202021 season. For the 202122 season, we chose Alternative 3, with an estimated consumer surplus across all flyways of $270$358 million with a mid-point estimate of $314 million. We also chose Alternative 3 for the 200910 through 202021 seasons. The 202122 analysis is part of the record for this rule and is available as described in ADDRESSES.
Regulatory Flexibility Act The annual migratory bird hunting regulations have a significant economic impact on substantial numbers of small entities under the Regulatory Flexibility Act 5 U.S.C. 601 et seq.. A final 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 2021 analysis is based on the 2016 National Survey and the U.S.
Department of Commerces County Business Patterns, from which it is estimated that migratory bird hunters will spend approximately $2.2 billion at small businesses in 2021. Copies of the analysis are available as set forth in ADDRESSES.
Small Business Regulatory Enforcement Fairness Act The annual migratory bird hunting regulations constitute a major rule under 5 U.S.C. 8042, the Small
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Business Regulatory Enforcement Fairness Act as they will have an annual effect on the economy of $100 million or more. However, because this rule establishes hunting seasons, which are time sensitive, we do not plan to defer the effective date under the exemption contained in 5 U.S.C. 8081.
Paperwork Reduction Act This final rule contains existing and new information collections that we have submitted to the OMB for review and approval under the Paperwork Reduction Act of 1995 44 U.S.C. 3501
et seq.. All information collections require approval under the Paperwork Reduction Act of 1995 PRA, 44 U.S.C.
3501 et seq.. We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB
control number. The OMB has reviewed and 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:
10180019, North American Woodcock Singing Ground Survey expires 2/29/2024.
10180023, Migratory Bird Surveys, 50 CFR 20.20 expires 4/30/
2023.
10180171, Establishment of Annual Migratory Bird Hunting Seasons, 50 CFR part 20 expires 2/29/
2024.
The information collection requirements associated with the procedures for establishing annual migratory bird hunting seasons are described below to include those labeled as NEW under 2
Reports require OMB approval:
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.
703712, the Secretary of the Interior is authorized to determine when hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, or export of any bird, or any part, nest, or egg of migratory game birds can take place, and to adopt regulations for this purpose. 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 and are updated annually 16 U.S.C. 704a. This responsibility has been delegated to the Service as the lead Federal agency for managing and
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