[Federal Register Volume 61, Number 141 (Monday, July 22, 1996)]
[Proposed Rules]
[Pages 37994-38011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18430]
[[Page 37993]]
_______________________________________________________________________
Part IV
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
50 CFR Part 20
Migratory Bird Hunting; Proposed Frameworks for Early-Season Migratory
Bird Hunting Regulations; Proposed Rule
Federal Register / Vol. 61, No. 141 / Monday, July 22, 1996 /
Proposed Rules
[[Page 37994]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AD69
Migratory Bird Hunting; Proposed Frameworks for Early-Season
Migratory Bird Hunting Regulations
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; Supplemental.
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SUMMARY: The Fish and Wildlife Service (hereinafter the Service) is
proposing to establish the 1996-97 early-season hunting regulations for
certain migratory game birds. The Service annually prescribes
frameworks, or outer limits, for dates and times when hunting may occur
and the maximum number of birds that may be taken and possessed in
early seasons. Early seasons generally open prior to October 1, and
include seasons in Alaska, Hawaii, Puerto Rico, and the Virgin Islands.
These frameworks are necessary to allow State selections of final
seasons and limits and to allow recreational harvest at levels
compatible with population status and habitat conditions. This
supplement to the proposed rule also provides the Service's final
regulatory alternatives for the 1996-97 duck hunting season.
DATES: The comment period for proposed early-season frameworks will end
on August 1, 1996; and for late-season proposals on September 3, 1996.
The Service will hold a public hearing on late-season regulations
August 2, 1996, starting at 9 a.m.
ADDRESSES: The Service will hold a public hearing August 2 in the
Department of the Interior's Auditorium, 1849 C Street, NW.,
Washington, DC. Parties should submit written comments on these
proposals and/or a notice of intention to participate in the late-
season hearing to the Chief, Office of Migratory Bird Management
(MBMO), U.S. Fish and Wildlife Service, room 634--Arlington Square,
Washington, DC 20240. The public may inspect comments during normal
business hours in room 634, Arlington Square Building, 4401 N. Fairfax
Drive, Arlington, Virginia.
FOR FURTHER INFORMATION CONTACT: Paul R. Schmidt, Chief, MBMO, U.S.
Fish and Wildlife Service, (703) 358-1714.
SUPPLEMENTARY INFORMATION:
Regulations Schedule for 1996
On March 22, 1996, the Service published in the Federal Register
(61 FR 11992) a proposal to amend 50 CFR part 20. The proposal dealt
with the establishment of seasons, limits, and other regulations for
migratory game birds under Secs. 20.101 through 20.107, 20.109, and
20.110 of subpart K. On June 13, 1996, the Service published in the
Federal Register (61 FR 30114) a second document providing supplemental
proposals for early- and late-season migratory bird hunting regulations
frameworks. The June 13 supplement also provided detailed information
on the 1996-97 regulatory schedule and announced the Service Migratory
Bird Regulations Committee and Flyway Council meetings. On June 14,
1996, the Service published in the Federal Register (61 FR 30490) a
third document describing the Service's proposed 1996-97 regulatory
alternatives for duck hunting and its intent to consider establishing a
special youth waterfowl hunting day.
This document is the fourth in a series of proposed, supplemental,
and final rulemaking documents for migratory bird hunting regulations
and deals specifically with proposed frameworks for early-season
regulations. It will lead to final frameworks from which States may
select season dates, shooting hours, and daily bag and possession
limits for the 1996-97 season. The Service has considered all pertinent
comments received through July 8, 1996, in developing this document. In
addition, new proposals for certain early-season regulations are
provided for public comment. Comment periods are specified above under
DATES. The Service will publish final regulatory frameworks for early
seasons in the Federal Register on or about August 16, 1996.
This supplemental proposed rulemaking consolidates further changes
in the original framework proposals published in the March 22 Federal
Register. The regulations for early waterfowl hunting seasons proposed
in this document are based on the most current information available
about the status of waterfowl populations and habitat conditions on the
breeding grounds.
Presentations at Public Hearing
Five Service employees presented reports on the status of various
migratory bird species for which early hunting seasons are proposed.
These reports are briefly reviewed below.
Dr. Jim Dubovsky, Waterfowl Specialist, presented information on
1996 habitat conditions for waterfowl, preliminary estimates of duck
abundance, and harvests during the 1995 September teal seasons. Most of
the midcontinent region experienced unusually cool temperatures during
May and early June. Spring conditions were delayed approximately 2-3
weeks throughout most of the region. In the northcentral United States,
southern Saskatchewan, and southern Manitoba, habitat conditions for
nesting ducks were good to excellent. Abundant water existed in natural
and artificial basins, and land managed in conservation easements in
the United States continued to provide good nesting cover. Southern
Alberta had improved wetland conditions relative to recent years, but
nesting cover was limited because grazing reduced the amount of
residual vegetation, and cool temperatures slowed growth of grasses.
The pond estimate for the northcentral United States and prairie Canada
combined was 7.5 million. This estimate was the second highest
recorded, and was 61 percent above the long-term average. Farther north
in the prairie provinces and in the Northwest Territories, habitat
conditions were much improved from last spring, when habitats were
extremely dry and forest fires were common. This year, most areas had
abundant water. Conditions in Alaska and in survey areas throughout
eastern portions of the United States and Canada also were favorable
for nesting waterfowl. Estimates of duck abundance for most species
during spring 1996 generally were similar to those of last year. Blue-
winged teal and northern shoveler increased in abundance. American
wigeon numbers decreased. The 1995 May breeding population survey
yielded an estimate of 6.4 million blue-winged teal, which was greater
than the 1995 estimate of 5.1 million and 53 percent above the long-
term average. The estimated harvest of blue-winged teal during the 1995
September teal season was approximately 370,000 birds, which was about
100,000 birds more than the 1994 teal-season harvest. However, the 1995
estimate was within the range of harvests experienced historically.
Band-recovery rates of blue-winged teal suggested that 1995-96 harvest
rates were similar to or lower than those during the 1970's and early
1980's.
Dr. David Caithamer, Wildlife Biologist, reviewed the status of
several populations of Canada geese for which the Service is proposing
September seasons. In Alaska five subspecies of Canada geese are hunted
including Dusky Canada geese and Cackling Canada geese. Numbers of
Dusky Canada geese, which nest primarily in the Copper River Delta of
Alaska, have declined steadily since an earthquake in 1964 altered
their nesting habitat and
[[Page 37995]]
resulted in lowered recruitment rates. The January 1995 population
index revealed approximately 8,500 geese. Unfortunately, no survey was
conducted in January 1996 due to the furlough of federal employees and
inclement weather. However, preliminary results from a spring survey of
Dusky geese on the Copper River Delta suggest that the size of the
breeding population is similar to the record-low size observed last
spring. The Service remains concerned about the continued poor status
of this population. The December 1995 survey of Cackling Canada geese
revealed approximately 161,000 geese, which was about 6 percent higher
than 1994 index. This population has grown approximately 14 percent per
year since 1986. The 3 other subspecies of Canada geese hunted in
Alaska are thought to be at or above objective levels. In the Pacific
Flyway, the Rocky Mountain Population of Canada geese increased 18
percent from 1995 to 109,000 geese. The population of Mississippi
Flyway giant Canada geese has increased at a rate of about 5 percent
per year during the last 10 years. In some areas, numbers of giant
geese have increased to record-high and nuisance levels. The situation
is similar in the northeastern U.S., where the ``resident'' goose
population has approximately doubled since 1989 to nearly 800,000
birds. The Service is concerned about the rapid growth rate and large
sizes of resident Canada goose populations in parts of the Atlantic and
Mississippi Flyways. In some regions, the management of these large
populations of resident geese is confounded by the presence of other
populations, which are below population objectives. A case in point is
the migratory population of Atlantic Canada geese which nests in
northern Quebec and winters in the Atlantic Flyway. The number of
breeding pairs of Atlantic Canada geese has declined from 118,000 in
1988 to only 29,000 in 1995. The Service recognizes the challenge
facing management agencies which are striving to increase migrant
populations, while simultaneously attempting to decrease resident
populations.
Mr. David Sharp, Central Flyway Representative, reported on the
status and harvests of sandhill cranes. The Mid-Continent Population
appears to have stabilized following dramatic increases in the early
1980s. The Central Platte River Valley 1996 preliminary spring index,
uncorrected for visibility, was 315,200. This index is 15 percent
higher than 1995's index of 273,376. However, the photo-corrected 3-
year average for the 1993-95 period was 394,093, which was 6 percent
below the previous year's 3-year running average and within the
established population-objective range of 343,000-465,000 cranes. All
Central Flyway States, except Nebraska, elected to allow crane hunting
in portions of their respective States in 1995-96; about 20,200 Federal
permits were issued and approximately 7,400 permittees hunted one or
more times. The number of permittees and active hunters were similar to
the previous year's seasons. About 20,777 cranes were harvested in
1995-96, a 20 percent increase from the previous year's estimate.
Harvest from Alaska, Canada and Mexico are estimated to be less than
10,000 for 1995-96 sport-hunting seasons. The total North American
sport harvest was estimated to be about 34,773, which is an all time
record high level. Annual surveys of the Rocky Mountain Population,
which migrates through the San Luis Valley of Colorado in March,
suggest a relatively stable population since 1984. The 1996 index of
20,500 cranes was within the established objective range of 18,000-
22,000. Limited special seasons were held during 1995 in portions of
Arizona, Montana, New Mexico, Utah, and Wyoming, and resulted in an
estimated harvest of 378 cranes.
Dr. John Bruggink, Eastern Shore and Upland Game Bird Specialist,
reported on the 1996 status of the American woodcock. The 1995
recruitment index for the Eastern Region (1.2 immatures per adult
female) was 29 percent below the long-term regional average; the
recruitment index for the Central Region (1.4 immatures per adult
female) was 18 percent below the long-term regional average. Singing-
ground Survey data indicated that the number of displaying woodcock
decreased (P<0.01) between 1995 and 1996 in the Eastern and Central
regions (-20.2 and -11.5 percent, respectively). Trends from the
Singing-ground Survey during 1986-96 also were negative (-3.2 and -3.7
percent per year for the Eastern and Central regions, respectively)
(P<0.01). There were long-term (1968-96) declines (P<0.01) of 2.5
percent per year in the Eastern Region and 1.6 percent per year in the
Central Region.
Mr. David Dolton, Western Shore and Upland Game Bird Specialist,
presented the mourning dove population status. The report summarized
call-count information gathered over the past 31 years. Trends were
calculated for the most recent 2 and 10-year intervals and for the
entire 31-year period. Between 1995 and 1996, the average number of
doves heard per route declined significantly in all three management
units. In the Eastern Management Unit (EMU), a significant decline in
doves heard was found over the most recent 10 years, but no trend was
indicated over 31 years. The Central Management Unit (CMU) showed
significant declines for both the 10 and 31-year time frames. In the
Western Management Unit (WMU), no trend was evident over the most
recent 10 years, but there has been a significant decline over 31
years. Trends for doves seen at the unit level over the 10 and 31-year
periods agreed with trends for doves heard in the WMU. No trend was
found in doves seen over 10 years in the EMU and for 31 years in the
CMU. Trends for doves seen in other time periods were comparable to
those in doves heard.
Mr. Dolton also presented the status of western white-winged doves
in Arizona. Since the 1980's, whitewing populations have remained
relatively stable. The 1996 whitewing call-count index of 31.1 doves
heard per route was essentially the same as the index of 31.2 doves
heard per route in 1995. Since 1987, hunters have harvested around
100,000 birds annually. In 1995, an estimated 107,000 birds were
harvested, a 22 percent decrease from 1994.
Mr. Dolton then reported on the status of eastern white-winged
doves and white-tipped doves in Texas. Results of the 1996 whitewing
call-count survey indicate 391,000 birds were nesting in the Lower Rio
Grande Valley counties of Starr, Hidalgo, Cameron, and Willacy. This is
an 11 percent decrease from 1995, but 6 percent below the previous 6-
year average count (1990-95). This decline may be due to a drought in
the Lower Rio Grande Valley since December 1994 which may be affecting
available native and domestic feed and nesting habitat. In Upper South
Texas, an estimated 620,000 whitewings were nesting throughout a 19-
county area. This was essentially the same count as last year. West
Texas also supports a small population of whitewings. The 1996 estimate
of 18,750 birds was 19 percent above the 1995 estimate. For white-
tipped doves, an average of 0.47 birds were heard per stop in both
brush and citrus locations in 1996.
Last, Mr. Dolton presented population and harvest information on
band-tailed pigeons. Band-tailed pigeons are managed as two separate
populations: the Coastal Population (Washington, Oregon, California,
and Nevada) and the Four-corners or Interior Population (Utah,
Colorado, Arizona, and New Mexico). For the Coastal population, the
Breeding Bird Survey (BBS) indicates a significant decline between 1968
and 1995. Mineral site counts conducted in Oregon in 1995 showed a 23
percent decrease in pigeon use over 1994.
[[Page 37996]]
Washington's call-count showed essentially no change in the population
between 1994 and 1995. Between 1975 and 1995 there was no significant
trend found in the population, but a significant increase was noted
during the most recent 5-year period between 1991 and 1995. Two
indirect population estimates suggest that the population was between
2.4 and 3.1 million birds in 1992. With continuing restrictions on bag
limits and season length, the 1995 harvest was an estimated 2,074
pigeons in Oregon and 10,428 in California. Washington has had a closed
season since 1991. In the Four-corners area, BBS data showed a stable
population between 1968 and 1995. The 1995 combined harvest for all
four States was 1,518 birds; well below the harvest in earlier years
which ranged up to 6,000 birds.
Comments Received at Public Hearing
Mr. Dale Bartlett, representing the Humane Society of the United
States (HSUS), expressed concern that the Service continues to
establish liberal hunting regulations on species without adequate data.
HSUS believes that sea duck seasons should be closed or severely
restricted until adequate data on population status and species biology
are available. HSUS claims that the Service acted too quickly to
liberalize duck hunting regulations since the populations of many
species remain below goals set by the North American Waterfowl
Management Plan (NAWMP). HSUS is frustrated with the failure of the
Service to close seasons on species in decline such as woodcock,
coastal populations of band-tailed pigeon, white-winged doves in
Arizona, and mourning doves in the Western Management Unit. HSUS
believes that bag limits and season lengths on several species of
webless migratory birds are ridiculously high and fly in the face of
the principles of wise and ethical use of the resource. They strongly
recommend that opening dates in Alaska be delayed at least 2 weeks to
allow birds to leave their natal marshes. They also recommend that the
Service require all seasons to open at noon during mid-week to reduce
large kills. They further urged the Service to disallow one-half hour
before sunrise shooting. Finally, they expressed concern about the
general direction of the Service towards resident Canada goose
management.
Mr. Don Kraege, representing the Pacific Flyway Council, expressed
appreciation for the Service's efforts to enhance cooperative waterfowl
management. He stated that the Flyway generally supports the idea of
limiting zone/split configurations for duck hunting. However, he
requested the Service reconsider the Council's recommendation on splits
and zones for duck seasons. Specifically, he recommended removal of the
requirement that duck seasons in different zones differ by at least one
day. He suggested that this change would lead to regulatory
simplification, increased hunter satisfaction, enhance waterfowl
habitat efforts on private lands, and would not significantly alter
harvest.
Mr. Joe Kramer, representing the Central Flyway Council, reviewed
recommendations passed by the Council regarding establishment of this
year's migratory bird hunting regulations. He supported the proposed
expansion of the Rocky Mountain Greater Sandhill Crane hunt area in
Wyoming. Reviewing status information on blue- and green-winged teal
populations, he indicated that this year's combined spring-breeding
population of about 8.9 million was a record high level and that the
projected fall flight will probably be the largest ever recorded. He
indicated that the Central and Mississippi Flyway Councils would
complete a more comprehensive harvest approach for these special
seasons by March 1997. He supported the Central Flyway Council's
recommendation to expand this year's teal bag limit from 4 to 5 and
increase the teal season length from 9 to 16 days. He also reaffirmed
the Council's strong support for the Adaptive Harvest Management
process, but recommended an increase in season length from 60 to 67
days under the ``liberal'' alternative. He supported the recommended
change in the redhead daily bag limit from 1 to 2 in the ``liberal''
alternative for the Central and Mississippi Flyways.
With respect to the zone/split criteria for the establishment of
duck hunting seasons, Mr. Kramer reiterated the Central Flyway's
objection to constraints on the use of additional days in the High
Plains Mallard Management Unit. Mr. Kramer supported efforts by the
Service to review baiting regulations, but he pointed out continuing
desires by many Central Flyway States to review the timing of the
early- and late-season meetings. Finally, Mr. Kramer supported the
additional flexibility allowed to address resident goose problems
through special hunting seasons, and the concept of establishing a
youth waterfowl hunt.
Mr. Charles D. Kelley, representing the Southeastern Association of
Fish and Wildlife Agencies, commended the Service for its efforts in
developing the Harvest Information Program, which will provide improved
harvest estimates for a number of species. He also stated that he
appreciated the Service's recognition of the problems caused by
rapidly-expanding populations of giant Canada geese and the need to
work toward solving them.
Ms. Anne Muller, representing the Committee to Abolish Sport
Hunting, and its affiliate, the Coalition to Prevent the Destruction of
Canada Geese, commented that State and Federal wildlife agencies are
exploiting wild Canada geese to supply hunters with targets by
increasing resident goose populations on wildlife management areas in
every State. She claimed that this is done in order to collect excise
taxes on lethal weapons and ammunition. Further, she objected to the
roundup and shipment of geese by game agencies personnel to slaughter
houses to feed the poor, and believed this action violates the rights
of the general citizenry. Ms. Muller asked that the Service change the
current depredation permitting process. Finally, she requested that
public hearings be held during evening hours to increase pubic
attendance and that the Service directly involve communities to help
resolve nuisance Canada geese conflicts.
Mr. Peter Muller, representing the Committee to Abolish Sport
Hunting, expressed concern that the special Canada goose seasons
currently held in New York and New Jersey were responsible for the
decline of migrant geese nesting in northern Quebec. He questioned
whether the criteria allowing 10 and 20 percent harvest of migrant
geese during the special early and late seasons, respectively, were too
liberal. Further, he argued that statistics regarding this goose
population were highly dubious since very little banding had occurred
on the breeding ground to accurately determine the racial composition
of the harvest. He indicated that little is known regarding the
interactions between resident and migrant geese and recommended
suspension of these seasons until more information regarding population
affiliation was available. To assess the beneficial effects of these
liberal hunting seasons on resident Canada geese, he asked that the
Service develop an Environmental Impact Statement (EIS). He requested
that the Service maintain and enforce strict waterfowl baiting
regulations. Finally, he was disturbed by the trend of State and
Federal management agencies of shifting to more liberal policies.
Dr. Ann Stirling Frisch expressed opposition to a proposed new hunt
area for special early Canada goose seasons in Wisconsin. Dr. Frisch
suggested such seasons are ineffective at controlling
[[Page 37997]]
local Canada goose populations, that habitat management was a
preferable alternative to hunting seasons, that other lethal means of
control were undesirable. She further stated that National
Environmental Policy Act (NEPA) requirements were not met in
establishing such seasons.
Written Comments Received
The preliminary proposed rulemaking, which appeared in the March 22
Federal Register, opened the public comment period for migratory game
bird hunting regulations. As of July 8, 1996, the Service had received
82 comments; 18 of these specifically addressed early-season issues and
9 addressed the proposed regulatory alternatives for duck hunting.
Early-season comments are summarized below and numbered in the order
used in the March 22 Federal Register. Only the numbered items
pertaining to early seasons for which written comments were received
are included. The Service received recommendations from all four Flyway
Councils. Some recommendations supported continuation of last year's
frameworks. Due to the comprehensive nature of the annual review of the
frameworks performed by the Councils, support for continuation of last
year's frameworks is assumed for items for which no recommendations
were received. Council recommendations for changes in the frameworks
are summarized below.
1. Ducks
The categories used to discuss issues related to duck harvest
management are as follows: (A) General Harvest Strategy, (B) Framework
Dates, (C) Season Length, (D) Closed Seasons, (E) Bag Limits, (F) Zones
and Split Seasons, and (G) Special Seasons/Species Management. Only
those categories containing substantial recommendations are included
below.
A. Harvest Strategy Considerations
In the March 22, 1996, Federal Register, the Service described the
underlying principles of Adaptive Harvest Management (AHM) and the
progress made on its implementation in 1995. In addition, the Service
reported recommendations made by an AHM technical working group for the
1996-97 regulatory process. Comprised of representatives from the
Service and the four Flyway Councils, the working group was established
in 1992 to develop technical recommendations for improving duck harvest
regulations.
One of the recommendations of the AHM working group for the 1996-97
regulatory process was to continue the regulatory alternatives used in
1995, with a minor exception in the Pacific Flyway. In 1995, the
Service limited the choice of regulatory alternatives for the 1995-96
regular duck hunting season to three sets of frameworks similar to
those in effect during the 1979-93 hunting seasons. These three sets of
frameworks were described in a relative sense as restrictive, moderate,
and liberal. In general, specific guidelines for selection of one of
the regulatory alternatives are based on the size of the mallard
breeding population and habitat conditions.
Council Recommendations: In the June 13, 1996, Federal Register,
the Service reported that all four Flyways continued to express support
for the AHM approach. The Mississippi, Central, and Pacific Flyway
Councils recommended some specific modifications to the regulatory
alternatives recommended by the working group and these recommendations
were identified in the June 13, 1996, document and are reiterated here
and under ``Framework Dates,'' ``Season Length,'' ``Bag Limits,'' and
``Special Seasons/Species Management.''
The Atlantic Flyway Council endorsed the AHM technical working
group's recommendations regarding harvest-management objectives, use of
mid-continent mallard population models, and regulatory options for the
Atlantic Flyway in 1996.
The Upper-Region Regulations Committee of the Mississippi Flyway
Council expressed support for no more than three regulations packages,
but recommended a harvest-management objective (objective function)
that achieves an equal balance between harvest and a breeding
population objective of 8.1 million mallards.
The Lower-Region Regulations Committee of the Mississippi Flyway
Council requested the working group investigate the addition of both a
more conservative and a more liberal regulatory package to the group of
regulations packages offered for the 1997-98 hunting season.
The Central Flyway Council supported the working group's
recommendation to modify the objective function so that it continue to
reflect the broad resource values of the population goals of the NAWMP,
but commented that many technical issues need to be resolved before
AHM's fully operational for multiple duck stocks.
The Pacific Flyway Council endorsed the AHM working group's 1996
duck regulations approach and, with the exception of a harvest strategy
for pintails, recommendations for 1996.
Public-Hearing Comments: Mr. Joe Kramer, Chairman of the Central
Flyway Council, expressed continued support for AHM. However, he
questioned the Service's proposal to largely maintain the interim
regulatory alternatives from last year.
Mr. Don Kraege, Chairman of the Pacific Flyway Council Study
Committee, expressed support for the cooperative development of AHM as
a means to improve the scientific management of mallards and other
species.
Written Comments: The Texas Parks and Wildlife Department supports
the concept of AHM, but feels that minor changes to regulatory
alternatives should not be precluded because full implementation of AHM
may take several years.
The Missouri Department of Conservation applauded the Service for
continued progress on AHM and supports: (1) the use of NAWMP population
goals; (2) regulatory alternatives that are similar to those of 1995;
(3) continued use of current hypotheses concerning harvest and
reproduction; and (4) AHM development for other populations or species.
Missouri also noted the important role of communication in ensuring
long-term support for AHM and urged that data-collection efforts be
maintained in the face of changing budgets and priorities. In a second
letter, the Missouri expressed continued support for AHM, including the
proposed regulatory alternatives. Missouri also urged continued
progress on a broader range of regulatory alternatives and inclusion of
other duck species in the AHM strategy.
The Minnesota Department of Natural Resources supports the three
regulatory alternatives as outlined in the June 14 Supplement.
Minnesota also supports finalization of the regulatory alternatives
prior to the July Flyway meetings and wishes to pursue cooperative
development of regulatory alternatives that will be appropriate over
the long-term for the Mississippi Flyway.
The Illinois Department of Natural Resources encouraged the Service
to examine the pros and cons of four or five regulatory alternatives,
rather than three. Illinois believes that the addition of a more
restrictive and/or a more liberal alternative could provide greater
flexibility in responding to changing population status, but may be
undesirable if they lead to greater annual fluctuations in hunting
regulations.
[[Page 37998]]
The Kansas Department of Wildlife and Parks has supported the
principles of AHM, but is concerned that the process now is being used
to circumvent the traditional process of allowing input of the States
through the Flyway Councils. Kansas objects to the AHM technical
working group establishing regulations by ``popular vote'' among
individuals from all four Flyways, employees of the Service's MBMO, and
their academic associates. Kansas is also concerned that the regulatory
alternatives used in 1995 and proposed for 1996 are becoming entrenched
and that future changes will be increasingly difficult.
Service Response: The Service appreciates the continued support of
the Flyway Councils and States for implementation of AHM. Agreement on
a limited number of regulatory alternatives, on the role of NAWMP
population goals in guiding harvest management, and on alternative
hypotheses of mallard population dynamics has greatly reduced the
annual debate over appropriate duck-hunting regulations. More
importantly, these elements constitute key components of a systematic
process to increase knowledge of regulatory effects and, thus, improve
long-term management performance. The Service also recognizes, however,
that continued progress in AHM will demand deliberate and methodical
attention to a number of previously ignored or unresolved issues in
waterfowl management. These include: (1) hunter dynamics and how
regulations affect hunter activity and success; (2) factors affecting
duck reproduction on a continental scale; (3) relative costs and
benefits of species, population, and sex-specific management; and (4)
allocation of harvest opportunities among countries, Flyways, and
States. Continued progress also will depend heavily on further
education and communication, particularly as it concerns field
biologists, wildlife-area managers, and other resource-agency staff.
The Service is urging its partners to cooperatively address these
technical and communication issues in a comprehensive and coherent
manner. The Service recognizes that schedules for clarifying issues,
receiving Flyway Councils and others input, and conducting necessary
assessments must be developed so that expectations for progress are
realistic. The Service believes that AHM implementation must itself be
adaptive and that there will be a continuing need for periodic review
of all technical specifications, including management objectives,
regulatory alternatives, and theories (or models) of population
dynamics.
The limited set of regulatory alternatives (i.e., ``restrictive'',
``moderate'', and ``liberal'') continues to draw criticism from some
Flyway Councils and States. At issue is both the number of regulatory
alternatives and the specific combination of season length and bag
limits for each alternative. The Service recognizes that the proposed
alternatives do not satisfy all partners and will continue to treat
these alternatives as interim, pending further investigation by the AHM
technical working group and others. However, the Service believes that
adjustments to the set of regulatory alternatives should be based on
the following criteria: (1) alternatives should differ sufficiently so
that differences in harvest levels and their impacts on duck
populations can be detected with current monitoring programs; (2) the
set of alternatives should produce enough variation in harvest rates to
permit identification of optimal harvest strategies; and (3) regulatory
alternatives should reflect the needs of law enforcement and the
desires and abilities of hunters. The set of alternatives can be
reduced or expanded as needed, but it is important to use the
alternatives long enough to identify patterns in harvest rates under
each alternative. Because relevant issues have not yet been addressed
adequately, the Service is denying requests this year to modify the
basic structure of regulatory alternatives. Prior to the 1997-98
hunting season, the Service will work with the Flyway Councils and the
AHM technical working group to investigate the merits of major
modifications to the set of regulatory alternatives.
The role of the AHM working group is to provide technical guidance
to decision-makers. This working group is comprised of two
representatives appointed by each Flyway Council, in addition to
biological staff from the Service and the National Biological Service.
The Flyway Councils' appointees effectively represent the perspectives
of their respective Flyways, but they must be concerned also with
continental issues that cross Flyway boundaries. The Service believes
that this arrangement works exceedingly well and that individual States
have ample opportunity to comment on recommendations offered by the AHM
working group, either through their Flyway Councils or directly to the
Service. The Service emphasizes that the working group does not
establish regulations. Moreover, the working group develops its
recommendations through consensus, and does not use a voting process.
For the 1996-97 regular duck hunting season, the Service will use
the three regulatory alternatives detailed in the accompanying table
(at the end of this document). Alternatives are specified for each
Flyway and are designated as ``RES'' for the restrictive, ``MOD'' for
the moderate, and ``LIB'' for the liberal alternative. The Service will
propose a specific regulatory alternative when survey data on waterfowl
population and habitat status are available in late July.
B. Framework Dates
Council Recommendations: The Lower-Region Regulations Committee of
the Mississippi Flyway Council recommended the AHM technical working
group investigate the impacts of a January 31 framework closing date.
Service Response: The Service supports investigations by the AHM
technical working group to assess the suitability of all aspects of the
current regulatory alternatives, including framework dates. However,
the Service reiterates its long-standing concerns that hunting
disturbance in late winter may interfere with pair bonding and inhibit
nutrient acquisition and storage with subsequent impacts to
reproductive potential. Before the Service can consider changes to the
timing of the framework closing date, additional information to
alleviate these concerns is necessary.
The Service notes that the framework dates in the proposed
regulatory alternatives for the Atlantic Flyway published in the June
14 Supplement did not accurately reflect the policy established by the
Service last year (September 27, 1995, Federal Register 60 FR 50042).
This discrepancy was unintentional. The Service reaffirms its policy of
fixed dates of October 1 to January 20 for the Atlantic Flyway, and of
floating framework dates (Saturday closest to October 1, Sunday closest
to January 20) for the Mississippi, Central, and Pacific Flyways. The
appropriate change in framework dates for the Atlantic Flyway is
reflected in the final regulatory alternatives.
C. Season Length
Council Recommendations: In the regulatory alternatives recommended
for 1996-97, the Upper- and Lower-Region Regulations Committees of the
Mississippi Flyway Council recommended the season length in the
``liberal'' package be 51 days instead of 50 days. The Central Flyway
Council
[[Page 37999]]
recommended the season length in the ``liberal'' package be 67 days.
Public-Hearing Comments: Mr. Joe Kramer, Chairman of the Central
Flyway Council, urged the Service to adopt the Council's proposal to
increase the season length from 60 to 67 days in the ``liberal''
alternative.
Written Comments: The Texas Parks and Wildlife Department also
urged a change from 60 to 67 days in the ``liberal'' alternative for
the Central Flyway.
The Kansas Department of Wildlife and Parks also recommended that
the ``liberal'' alternative for the Central Flyway provide 67 days of
duck hunting. Kansas believes that they are ``locked into'' an
unnecessarily restrictive regulation without any recourse for
addressing the problem.
The Wyoming Game and Fish Department supports extending the season
from 60 to 67 days under the ``liberal'' alternative for the Central
Flyway. Wyoming feels that the current regulatory options will be used
for an indefinite number of years and that postponing an appropriate
correction to season length is unacceptable.
The Minnesota Department of Natural Resources supports the
Mississippi Flyway Council proposal to increase the season length in
the ``liberal'' alternative by one day.
The Illinois Department of Natural Resources also supports the
Mississippi Flyway Council proposal to increase the ``liberal''
alternative season length by one day. Illinois believed this minor
change would provide additional weekend hunting opportunity without
adverse impact.
Service Response: The Service believes that any modifications to
season length under the three regulatory alternatives must be
approached carefully, with due consideration to differences among
Flyways. Current differences in season length among the Flyways are
predicated on historic (ca. 1950) patterns of duck abundance and hunter
activity, with longer seasons available to Flyways with relatively more
ducks and fewer hunters. The Service believes that a thorough review of
Flyway differences in season lengths is needed and is seeking technical
guidance from the Flyway Councils, the AHM working group, and others.
Current differences in hunter activity and duck abundance, as well as
the origin and status of duck stocks contributing to each Flyway,
should be investigated using modern data and analytical techniques.
Until such analyses are available, the Service is concerned that
changes in season lengths contained in the regulatory alternatives
could alter the allocation of harvest in unpredictable, undesirable or
inappropriate ways. Therefore, the Service prefers to approach all
proposed changes to season length, regardless of the number of days
involved, in a systematic and comprehensive manner.
E. Bag Limits
Council Recommendations: The Upper- and Lower-Region Regulations
Committees of the Mississippi Flyway Council and the Central Flyway
Council recommended the redhead daily bag limit in the ``liberal''
package be 2 birds instead of 1.
The Lower-Region Regulations Committee of the Mississippi Flyway
Council also recommended the overall daily bag limit in the ``liberal''
package be 6 birds instead of 5, and within this overall limit, the
daily bag limit for mottled ducks be 4 instead of 3; and the limit for
ringnecks, scaup, goldeneyes, and buffleheads be 4 instead of 5. Limits
for black ducks, pintails, wood ducks, and canvasbacks would be the
same as in 1995.
Public-Hearing Comments: Mr. Joe Kramer, Chairman of the Central
Flyway Council, expressed support for the Service's proposal to
increase the redhead limit from 1 to 2 under the ``liberal''
alternative.
The Minnesota Department of Natural Resources also supports the
Service's proposal to allow a second redhead in the daily bag under the
Central and Mississippi Flyways ``liberal'' alternative.
Written Comments: The Massachusetts Division of Fisheries and
Wildlife recommended any ``liberal'' regulatory package delete the hen
mallard restriction in the Atlantic Flyway.
The Michigan Department of Natural Resources supports the Service's
proposal to allow a second redhead in the daily bag under the
``liberal'' alternative for the Central and Mississippi Flyways.
Michigan also requested the rationale for allowing an additional duck
in the daily bag limit of the ``liberal'' alternative for the Pacific
Flyway.
Service Response: The Service concurs with the recommendations to
increase the bag limit of redheads from 1 to 2 in the ``liberal''
alternative of the Central and Mississippi Flyways. However, the
Service cannot support the proposal of the Lower-Region Regulations
Committee of the Mississippi Flyway Council to increase the overall bag
limit in the ``liberal'' alternative from 5 to 6 in order to provide
additional hunting opportunity on several abundant species. The Service
believes that major changes to the regulatory alternatives should be
addressed in a deliberate and comprehensive manner. Historic efforts at
species-specific management have been predicated largely on the
assumptions that: (a) mallard harvest rates can be used as a standard
by which to judge the appropriateness of harvest rates for other
species; (b) target stocks of ducks can be isolated in time or space,
or that hunters can shoot selectively; and (c) that management costs
are largely fixed whether managing one stock or many. Recent
information has led the Service to question the validity of these
assumptions. The Service believes that a number of issues must be
addressed prior to major reforms in species-specific harvest
strategies: (1) how much must species or populations differ in terms of
their population dynamics to warrant differential harvest regulations?
(2) what are the relative costs and benefits of managing individual
duck stocks? (3) what is the ability of hunters to harvest selectively?
and (4) do hunters prefer the maximum hunting opportunity afforded by
complex regulations or simpler hunting regulations that offer less
hunting opportunity? The Service awaits further guidance from the
Councils and the AHM technical working group before considering
significant changes to species-specific bag limits.
The Service acknowledges that liberal hunting regulations in the
Atlantic Flyway historically had no sex-specific conventional bag
limits for mallards (although there were hen restrictions for States
using the point system). However, the Service believes that it is
premature to remove hen restrictions that have been in effect in the
Atlantic Flyway since 1985. The role of sex-specific bag limits in
regulating mallard harvest, total mortality, and recruitment is
uncertain. Further investigation of the potential consequences of
eliminating hen restrictions on mallards is necessary before
considering fundamental changes in sex-specific bag limits of mallards.
The Service also urges the Atlantic Flyway Council to begin development
of a harvest-management objective for mallards breeding in eastern
North America so that the implications of changes in hen bag limits can
be assessed.
The Service is allowing a 7-duck daily bag limit in the Pacific
Flyway ``liberal'' alternative, representing a 1-duck increase compared
to the 1995 ``liberal'' alternative. The Service agreed to this change
because the Pacific Flyway had a 7-duck bag limit during the 1979-84
period, which provided the basis for
[[Page 38000]]
season lengths and bag limits under the current ``liberal''
alternative. Mallard harvest rates realized with a 7-duck daily bag
limit in the Pacific Flyway are accounted for within the AHM framework
and are consistent with current resource status.
Regarding the final regulatory alternatives, the Service notes that
the daily bag limit for redheads in the Pacific Flyway's overall daily
bag limit was inadvertently omitted from the proposed regulatory
alternatives in the June 14, 1996, Federal Register. Consistent with
the Pacific Flyway frameworks established last year (September 27,
1995, Federal Register), a daily bag limit of 2 redheads is reflected
in the final regulatory alternatives.
F. Zones and Split Seasons
In 1990, the Service established guidelines for the use of zones
and split seasons for duck hunting (Federal Register 55 FR 38901).
These guidelines were based upon a cooperative review and evaluation of
the historical use of zone/split options. The Service reiterated 1977
criteria that the primary purpose of these options would be to provide
more equitable distribution of harvest opportunity for hunters
throughout a State. In 1977, the Service had also stated that these
regulations should not substantially change the pattern of harvest
distribution among States within a Flyway, nor should these options
detrimentally change the harvest distribution pattern among species or
populations at either the State or Flyway level. The 1990 review did
not show that the proliferation of these options had increased harvest
pressure; however, the ability to detect the impact of zone/split
configurations was poor because of poorly chosen response variables,
the lack of statistical tests to differentiate between real and
perceived changes, and the absence of adequate experimental controls.
Therefore, the 1990 strategy intended to provide a framework for
controlling the proliferation of changes in zone/split options and
limited changes to 5-year intervals. The first open season for changes
was in 1991 and the second occurs this year when zone/split
configurations will be established for the 1996-2000 period.
Council Recommendations: The Flyway Councils made several
recommendations on the Service's proposed guidelines on the use of
zones and split seasons for duck hunting. The Service published these
guidelines in the March 22, 1996, Federal Register.
The Central Flyway Council recommended non-contiguous zones be
allowed when supported by adequate justification. The Council also made
several recommendations regarding the use of additional days in the
High Plains Management Unit. The Council recommended the restrictions
``must be consecutive'' and ``after the regular duck season'' be
removed from the proposed guidelines. Further, the Council recommended
additional days in the management unit be restricted to one split
(i.e., 2 segments).
The Pacific Flyway Council recommended the guidelines for zones
allow identical season dates and/or different zoning configurations
with different regulatory packages.
Regarding Flyway Council recommendation for specific changes
requested by States, the Atlantic Flyway Council recommended the State
of Maine be granted a waiver for its proposed zoning option for 1996-
2000. The Upper-Region Regulations Committee of the Mississippi Flyway
Council recommended the Service approve changes to zone-boundary
configurations proposed by Illinois, Indiana, Michigan, and Wisconsin
for the 1996-2000 period. The Central Flyway Council recommended the
Service approve Nebraska's duck hunting zone proposal. The Pacific
Flyway Council recommended the Service approve duck zone changes in
Arizona, Nevada, Oregon, and Utah for the 1996-2000 period.
Written Comments: The Nebraska Game and Parks Commission and the
Kansas Department of Wildlife and Parks recommended the restrictions
``must be consecutive'' and ``after the regular duck season'' be
removed from the proposed guidelines on the use of additional days in
the High Plains Management Unit. Both noted these requirements were new
and seemed unnecessary.
Nebraska also recommended the addition of a provision allowing the
use of non-contiguous zones when supported by strong justification. The
Wyoming Game and Fish Department also requested a variance from the
contiguous-boundary criterion, stating that the current zoning
guidelines do not seem to contain the flexibility needed to address the
considerable variation in hunting opportunity associated with the
diverse physiographic regions found in many Rocky Mountain States.
Service Response: For the 1996 open season, the Service proposed in
the March 22, 1996, Federal Register use of the existing 1990
guidelines, with an exception for the handling of special management
units. The Service proposed to delete the following from the 1990
guidelines:
Special Management Unit Limitation: Within existing Flyway
boundaries, States may not zone and/or use a 3-way split season
simultaneously within a special management unit and the remainder of
the State.
The Service proposed this change with the understanding that the
additional days allowed for a management unit must be consecutive and,
for the Central Flyway, be held both after the Saturday nearest
December 10 and after the regular duck season. In the June 13, 1996,
Federal Register, the Service proposed an additional special provision
for management units: For the States that have a recognized management
unit and include a non-management unit portion, an independent 2-way
split season with no zones can be selected for the management unit. The
remainder of the State in the non-management unit portion can be zoned/
split according to established guidelines.
Regarding the Central Flyway Council recommendation that the
criteria ``must be consecutive'' and ``after the regular duck season''
be removed from the guidelines on the use of additional High Plains
Management Unit days, the Service stated in the June 13 Federal
Register that the restrictions regarding the use of additional days
should remain as proposed.
Regarding Flyway Council recommendations to alter the definition
and interpretation of a ``zone'' that would allow the establishment of
hunting areas with non-contiguous boundaries or concurrent seasons, the
Service stated in the June 13 Federal Register that it believes the
definition/interpretations previously used are still appropriate.
However, after further review, the Service now believes that the
requirement for different season dates among zones can be removed
without detriment to the objectives of the guidelines for use of zones/
split seasons for duck hunting. This change will allow States
additional flexibility in addressing differences in physiography,
climate, etc. within a State.
The following zone/split-season guidelines apply only for the
regular duck season:
1. A zone is a geographic area or portion of a State, with a
contiguous boundary, for which independent dates may be selected for
the regular duck season.
2. Consideration of changes for management-unit boundaries are not
subject to the guidelines and provisions governing the use of zones and
split seasons for ducks.
[[Page 38001]]
3. Only minor (less than a county in size) boundary changes will be
allowed for any grandfather arrangement, and changes are limited to the
open season.
4. Once a zone/split option is selected during an open season, it
must remain in place for the following 5 years.
For the 1996-2000 period, any State may continue the configuration
used in 1991-1995. If changes are made, the zone/split-season
configuration must conform to one of the following options:
1. Three zones with no splits,
2. Split seasons (no more than 3 segments) with no zones, or
3. Two zones with the option for 2-way split seasons in one or both
zones.
At the end of 5 years after any changes in splits or zones, States
will be required to provide the Service with a review of pertinent data
(e.g., estimates of harvest, hunter numbers, hunter success, etc.).
This review does not have to be the result of a rigorous experimental
design, but nonetheless should assist the Service in ascertaining
whether major undesirable changes in harvest or hunter activity
occurred as a result of split and zone regulations. The next open
season for changes in zone/split configurations will be 2001.
Using the above revised guidelines, the Service reviewed specific
proposals for zoning changes submitted to date, including those
recommended by the Flyway Councils and those proposed by the various
States. Proposals by the States of Arizona, Illinois, Kentucky, Maine
(boundary change), Michigan, Mississippi, Montana, Nebraska (Low Plains
Zone boundary changes), Nevada, Oregon, South Dakota, Utah, Wisconsin,
and Wyoming were within the established guidelines and are approved for
the 1996-2000 period. Proposals by the States of Indiana, Kansas, Maine
(creation of third zone), and Nebraska (creation of new zone) did not
comply with the revised guidelines and the Service requests these
States revise their proposals accordingly.
G. Special Seasons/Species Management
i. Canvasbacks
Council Recommendations: The Lower-Region Regulations Committee of
the Mississippi Flyway Council recommended canvasback regulations
fluctuate within the regulations packages commensurate with model
predictions, breeding-population indices, and habitat conditions.
Public-Hearing Comments: Mr. Joe Kramer, Chairman of the Central
Flyway Council, expressed support for the Service's canvasback harvest
strategy.
Written Comments: The Texas Parks and Wildlife Department asked the
Service to consider an additional canvasback in the daily bag if the
resulting harvest would not exceed that provided under current modeling
procedures.
Service Response: The Service implemented an interim harvest-
management strategy for canvasbacks in 1994. The Service allows one
canvasback in the daily bag in all four Flyways as long as the harvest
is not expected to exceed the ``harvestable surplus.'' This surplus is
the number of canvasbacks that could be taken by hunters while
maintaining a subsequent breeding population of at least 500,000.
Calculation of the harvestable surplus is based on breeding population
size, predicted production during the current year, and expected rates
of natural mortality and crippling loss. The Service believes that it
has insufficient experience with this harvest strategy and that
proposed modifications are premature. The Service also notes the high
harvest potential for this species and is concerned that an overly
aggressive harvest strategy could precipitate a return to closed
seasons. The Service will continue to monitor canvasback harvests and
population status and may be willing to consider modifications in the
future.
ii. Pintails
Council Recommendations: The Central Flyway Council recommended a
harvest strategy for pintails based on the breeding population size.
The pintail daily bag limit would be 1 with a pintail breeding
population below 3.0 million; 2 with a breeding population between 3.0
and 4.5 million; 3 with a breeding population between 4.5 and 5.6
million; and equal to the overall daily bag limit with a breeding
population above 5.6 million.
The Pacific Flyway Council recommended guidelines for the 1996-97
Pacific Flyway pintail harvest regulations based on a prescriptive
basis. A matrix of breeding population size from a subset of survey
strata association with the Pacific Flyway breeding population and the
numbers of prairie ponds counted during the May survey would determine
bag limits.
Written Comments: The Texas Parks and Wildlife Department urged the
Service to adopt the Central Flyway's proposal for a pintail harvest
strategy.
Service Response: The Service is supportive of any attempt at a
more objective approach to pintail harvest regulations. However, the
Service believes that a more deliberate and careful assessment is
needed before considering changes in harvest strategies, particularly
in light of pintail population status and the harvest liberalization
that occurred in 1994 and again during the 1995-96 season. Such an
assessment would include, among other things, explicit harvest-
management objectives, comprehensive model development for continental
pintails, and a consideration of the regulatory constraints imposed by
the adaptive harvest strategy for mid-continent mallards. The Service
currently is working with the Pacific Flyway Council Study Committee,
the Cooperative Fish and Wildlife Research Units, and other interested
parties to ensure that such an assessment is forthcoming. To that end,
the Service and the National Biological Service have agreed to provide
funding that in total exceeds $65,000. The Service is hopeful that
additional funding can be made available from the States and other
organizations to complete development of population models and an
acceptable adaptive harvest strategy for pintails.
iii. September Teal Seasons
Council Recommendations: The Upper-Region Regulations Committee of
the Mississippi Flyway Council recommended a 5-day experimental
September teal season be offered to the production States of Iowa,
Michigan, Minnesota, and Wisconsin for a 3-year period. The Committee
recommended a daily bag limit of 4 teal with sunrise to sunset shooting
hours.
The Central Flyway Council recommended a harvest strategy of
linking regulatory packages developed for the September teal season
with those developed for the regular duck season under the AHM process.
For 1996, the Council recommended either a ``restrictive'' package of 5
days with a daily bag limit of 3 teal, a ``moderate'' package of 9 days
with a daily bag limit of 4 teal, or a ``liberal'' package of 16 days
with a daily bag limit of 5 teal.
Public-Hearing Comments: Mr. Joe Kramer representing the Central
Flyway Council indicated that the Central and Mississippi Flyway
Councils would complete a more comprehensive harvest approach for
special teal seasons by March 1997.
Service Response: The Service previously determined in the
Supplemental Environmental Impact Statement: Issuance of Annual
Regulations Permitting the Sport Hunting of Migratory Birds (SEIS 88)
that proposals for expansion of existing special regulations require a
comprehensive evaluation plan containing study objectives, experimental
design, decision criteria, and identification of data needs. The
Service believes that the proper approach for permitting experimental
expansions would be to design a
[[Page 38002]]
comprehensive study that would evaluate the cumulative impacts of all
teal-season hunting opportunities, in both production and non-
production States, on teal and other ducks. The proposals recommended
by the Flyways are disjunct, with one containing an evaluation plan
(Mississippi Flyway) and the other (Central Flyway) absent one. As
such, these proposals represent a fragmented approach to expanding and
evaluating teal-season hunting opportunities, which is inconsistent
with the desire of the Service. Future consideration by the Service of
any proposal to expand teal-season hunting opportunities will take into
account the evaluation plan, the manpower and funding requirements
necessary to implement the plan, and the priority of this issue
relative to other Service programs.
iv. September Duck Seasons
Council Recommendations: The Upper-Region Regulations Committee of
the Mississippi Flyway Council recommended Iowa be allowed to hold up
to 5 days of its regular duck hunting season in September, starting no
earlier than the Saturday nearest September 14. The remainder of the
Iowa regular duck season could begin no earlier than October 10.
Service Response: The Service previously determined in SEIS 88 that
the extension of framework dates into September for Iowa's September
duck season was a type of special season. The original evaluation of
this season suggested little impact on duck species other than teal.
However, the Service notes that the original evaluation did not include
information from the periods requested in the proposal, so inferences
about effects of the proposed changes on duck populations are not
clear. More importantly, the Service believes that mixed-species
special seasons (as defined in the context of SEIS 88) are not a
preferred management approach, and does not wish to entertain
refinements to this season or foster expansions of this type of season
into other States.
4. Canada Geese
A. Special Seasons
Council Recommendations: The Atlantic Flyway Council recommended
the frameworks for September Canada goose seasons in the Atlantic
Flyway be modified as follows:
September 1-15: Montezuma region of New York, Lake Champlain region
of New York and Vermont, Maryland (Caroline, Cecil, Dorchester, and
Talbot Counties), South Carolina, and Delaware.
September 1-20: North Carolina (Currituck, Camden, Pasquotank,
Perquimans, Chowan, Bertie, Washington, Tyrrell, Dare, and Hyde
Counties).
September 1-30: New Jersey and remaining portion of North Carolina.
September 1-25: Remaining portion of Flyway, except Georgia and
Florida.
The Lower-Region Regulations Committee of the Mississippi Flyway
Council recommended the Service continue to closely monitor the impacts
of early Canada goose seasons, including both special seasons and
September openings of regular seasons, to insure that cumulative
impacts do not adversely affect migrant Canada geese and to insure that
special seasons adhere to the criteria established by the Service.
The Upper-Region Regulations Committee of the Mississippi Flyway
Council, the Central Flyway Council, and the Pacific Flyway Council
made several September Canada goose seasons recommendations. All of the
recommendations were within the established criteria for special Canada
goose seasons published in the August 29, 1995, Federal Register (60 FR
45020).
Written Comments: The Massachusetts Division of Fisheries and
Wildlife supported extending the frameworks for September Canada goose
seasons in the Atlantic Flyway to September 25.
Service Response: The Service agrees with the Atlantic Flyway's
request to modify the frameworks for special early Canada goose seasons
in the Atlantic Flyway and is proposing to grant the Atlantic Flyway a
temporary exemption to the special early Canada goose season criteria.
Specifically, the Service is proposing to allow States in the Atlantic
Flyway to extend the framework closing date from September 15 to
September 25, except in certain areas where migrant geese are known to
arrive early. The Service is proposing this temporary exemption because
of the suspension of the regular season on Atlantic Population Canada
geese and the Flyway's need for greater flexibility in dealing with
increasing numbers of resident Canada geese. The exemption is proposed
to remain in effect until the regular season on migrant Canada geese is
reinstated.
Generally, the Service agrees with the Council's recommended
framework modifications. For seasons extending beyond September 25,
however, the Service proposes to classify these as experimental.
Additionally, in view of the reinstatement of existing criteria when
regular seasons on Canada geese are reinstated in the Flyway, the
Service encourages all States selecting framework dates after September
15 to continue with data-gathering and monitoring efforts in order to
further evaluate whether any proportional changes in the harvest of
migrant geese do occur.
B. Regular Seasons
Council Recommendations: The Upper-Region Regulations Committee of
the Mississippi Flyway Council recommended a September 21 framework
opening date for the regular goose season in the Upper Peninsula of
Michigan and statewide in Wisconsin.
The Pacific Flyway Council reiterated its 1995 recommendation that
Alaska, Oregon, and Washington take actions to reduce the harvest of
dusky Canada geese.
Service Response: Regarding the Pacific Flyway Council's
recommendation, the Service recognizes the need for this and proposes
to establish uniform criteria to measure the harvest of dusky Canada
geese in Washington's and Oregon's Quota Zones. The Service solicits
input from the Council and other parties in the development of these
criteria for the 1996-97 season.
9. Sandhill Cranes
Council Recommendations: The Central Flyway Council recommended
Wyoming's sandhill crane hunt area expand to include Park and Big Horn
Counties.
The Pacific Flyway Council recommended season modifications in
Montana and Wyoming. In Montana, the Council recommended a new hunt
zone in the Ovando-Helmville area. In Wyoming, the Council recommended
expanding the season from 3 to 8 days, increasing the number of
permits, and establishing a new hunt zone in Park and Big Horn
Counties.
14. Woodcock
The Service is increasingly concerned about the gradual long-term
declines in woodcock populations in the Eastern and Central management
regions. Although habitat changes appear to be the primary cause of the
declines, the Service believes that hunting regulations should be
commensurate with the woodcock population status and rates of declines.
The Service seeks active participation by the Atlantic and Mississippi
Flyway Councils in the development of short and long-term woodcock
harvest management strategies, which identify the circumstances under
which additional
[[Page 38003]]
harvest restrictions should be implemented and what those restrictions
should be.
18. Alaska
Council Recommendations: The Pacific Flyway Council recommended the
establishment of separate basic limits for geese. For dark geese, the
Council recommended a basic daily bag limit of 4, with 8 in possession.
For light geese, the Council recommended a daily bag limit of 3, with 6
in possession. The proposed limits would be subject to area
restrictions for Canada geese and limits for brant and emperor geese
would remain separate.
Public Comment Invited
The Service intends that adopted final rules be as responsive as
possible to all concerned interests, and wants to obtain the comments
and suggestions from all interested areas of the public, as well as
other governmental agencies. Such comments, and any additional
information received, may lead to final regulations that differ from
these proposals. However, special circumstances involved in the
establishment of these regulations limit the amount of time the Service
can allow for public comment. Specifically, two considerations compress
the time in which the rulemaking process must operate: (1) the need to
establish final rules at a point early enough in the summer to allow
affected State agencies to appropriately adjust their licensing and
regulatory mechanisms; and (2) the unavailability, before mid-June, of
specific, reliable data on this year's status of some waterfowl and
migratory shore and upland game bird populations. Therefore, the
Service believes allowing comment periods past the dates specified is
contrary to public interest.
Comment Procedure
It is the policy of the Department of the Interior to afford the
public an opportunity to participate in the rulemaking process,
whenever practical. Accordingly, interested persons may participate by
submitting written comments to the Chief, MBMO, at the address listed
under the caption ADDRESSES. The public may inspect comments during
normal business hours at the Service's office address listed under the
caption ADDRESSES. The Service will consider all relevant comments
received and will try to acknowledge received comments, but may not
provide an individual response to each commenter.
NEPA Consideration
NEPA considerations are covered by the programmatic document,
``Final Supplemental Environmental Impact Statement: Issuance of Annual
Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88-
14),'' filed with EPA on June 9, 1988. The Service published a Notice
of Availability in the June 16, 1988, Federal Register (53 FR 22582).
The Service published its Record of Decision on August 18, 1988 (53 FR
31341). Copies of these documents are available from the Service at the
address indicated under the caption ADDRESSES.
Endangered Species Act Consideration
As in the past, the Service will design hunting regulations to
remove or alleviate chances of conflict between migratory game bird
hunting seasons and the protection and conservation of endangered and
threatened species. Consultations are presently under way to ensure
that actions resulting from these regulatory proposals will 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 will be included in a
biological opinion and may cause modification of some regulatory
measures proposed in this document. The final frameworks will reflect
any modifications. The Service's biological opinions resulting from its
Section 7 consultation are public documents available for public
inspection in the Service's Division of Endangered Species and MBMO, at
the address indicated under the caption ADDRESSES.
Regulatory Flexibility Act; Executive Order (E.O.) 12866 and the
Paperwork Reduction Act
In the March 22, 1996, Federal Register, the Service reported
measures it took to comply with requirements of the Regulatory
Flexibility Act and E.O. 12866. One measure was to prepare a Small
Entity Flexibility Analysis (Analysis) in 1995 documenting the
significant beneficial economic effect on a substantial number of small
entities. The Analysis estimated that migratory bird hunters would
spend between $258 and $586 million at small businesses. Copies of the
Analysis are available upon request from the Office of Migratory Bird
Management. This rule was not subject to review by the Office of
Management and Budget under E.O. 12866.
The Service examined these proposed regulations under the Paperwork
Reduction Act of 1995 and found no information collection requirements.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
The rules that eventually will be promulgated for the 1996-97
hunting season are authorized under 16 U.S.C. 703-711, 16 U.S.C. 712,
and 16 U.S.C. 742 a-j.
Dated: July 10, 1996
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
Proposed Regulations Frameworks for 1996-97 Early Hunting Seasons
on Certain Migratory Game Birds
Pursuant to the Migratory Bird Treaty Act and delegated
authorities, the Department of the Interior approved the following
proposed frameworks which prescribe season lengths, bag limits,
shooting hours, and outside dates within which States may select for
certain migratory game birds between September 1, 1996, and March 10,
1997.
General
Dates: All outside dates noted below are inclusive.
Shooting and Hawking (taking by falconry) Hours: Unless otherwise
specified, from one-half hour before sunrise to sunset daily.
Possession Limits: Unless otherwise specified, possession limits
are twice the daily bag limit.
Area, Zone, and Unit Descriptions: Geographic descriptions are
contained in a later portion of this document.
Special September Teal Season
Outside Dates: Between September 1 and September 30, an open season
on all species of teal may be selected by Alabama, Arkansas, Colorado
(Central Flyway portion only), Illinois, Indiana, Kansas, Kentucky,
Louisiana, Mississippi, Missouri, New Mexico (Central Flyway portion
only), Ohio, Oklahoma, Tennessee, and Texas in areas delineated by
State regulations.
Hunting Seasons and Daily Bag Limits: Not to exceed 9 consecutive
days, with a daily bag limit of 4 teal.
Shooting Hours: One-half hour before sunrise to sunset, except in
Arkansas, Illinois, Indiana, Missouri, and Ohio, where the hours are
from sunrise to sunset.
[[Page 38004]]
Special September Duck Seasons
Florida: An experimental 5-consecutive-day season may be selected
in September. The daily bag limit may not exceed 4 teal and wood ducks
in the aggregate.
Kentucky and Tennessee: In lieu of a special September teal season,
an experimental 5-consecutive-day season may be selected in September.
The daily bag limit may not exceed 4 teal and wood ducks in the
aggregate, of which no more than 2 may be wood ducks.
Iowa: Iowa may hold up to 5 days of its regular duck hunting season
in September. All ducks which are legal during the regular duck season
may be taken during the September segment of the season. The September
season segment may commence no earlier than the Saturday nearest
September 20 (September 21, 1996), with daily bag and possession limits
being the same as those in effect last year. The remainder of the
regular duck season may not begin before October 15.
Scoter, Eider, and Oldsquaw Ducks (Atlantic Flyway)
Outside Dates: Between September 15 and January 20.
Hunting Seasons and Daily Bag Limits: Not to exceed 107 days, with
a daily bag limit of 7, singly or in the aggregate of the listed sea-
duck species, of which no more than 4 may be scoters.
Daily Bag Limits During the Regular Duck Season: Within the special
sea duck areas, during the regular duck season in the Atlantic Flyway,
States may choose to allow the above sea duck limits in addition to the
limits applying to other ducks during the regular duck season. In all
other areas, sea ducks may be taken only during the regular open season
for ducks and must be included in the regular duck season daily bag and
possession limits.
Areas: In all coastal waters and all waters of rivers and streams
seaward from the first upstream bridge in Maine, New Hampshire,
Massachusetts, Rhode Island, Connecticut, and New York; in any waters
of the Atlantic Ocean and in any tidal waters of any bay which are
separated by at least 1 mile of open water from any shore, island, and
emergent vegetation in New Jersey, South Carolina, and Georgia; and in
any waters of the Atlantic Ocean and in any tidal waters of any bay
which are separated by at least 800 yards of open water from any shore,
island, and emergent vegetation in Delaware, Maryland, North Carolina
and Virginia; and provided that any such areas have been described,
delineated, and designated as special sea-duck hunting areas under the
hunting regulations adopted by the respective States.
Special Early Canada Goose Seasons
Atlantic Flyway
General Seasons
Canada goose seasons of up to 15 days during September 1-15 may be
selected for the Montezuma Region of New York; the Lake Champlain
Region of New York and Vermont; the Counties of Caroline, Cecil,
Dorchester, and Talbot in Maryland; Delaware; and Crawford County in
Pennsylvania. Seasons not to exceed 20 days during September 1-20 may
be selected for the Northeast Hunt Unit of North Carolina. Seasons may
not exceed 25 days during September 1-25 in the remainder of the
Flyway, except Georgia and Florida, where the season is closed. Areas
open to the hunting of Canada geese must be described, delineated, and
designated as such in each State's hunting regulations.
Daily Bag Limits: Not to exceed 5 Canada geese.
Experimental Seasons
Experimental Canada goose seasons of up to 30 days during September
1-30 may be selected by New Jersey, North Carolina (except in the
Northeast Hunt Unit), and South Carolina. Areas open to the hunting of
Canada geese must be described, delineated, and designated as such in
each State's hunting regulations.
Daily Bag Limits: Not to exceed 5 Canada geese.
Mississippi Flyway
General Seasons
Canada goose seasons of up to 15 days during September 1-15 may be
selected by Illinois, Indiana, Iowa, Michigan (except in the Upper
Peninsula, where the season may not extend beyond September 10, and in
Huron, Saginaw and Tuscola Counties, where no special season may be
held), Minnesota, Missouri, Ohio, Tennessee, and Wisconsin. The daily
bag limit may not exceed 5 Canada geese. Areas open to the hunting of
Canada geese must be described, delineated, and designated as such in
each State's hunting regulations.
Central Flyway
General Seasons
Canada goose seasons of up to 15 days during September 1-15 may be
selected by South Dakota. The daily bag limit may not exceed 5 Canada
geese. Areas open to the hunting of Canada geese must be described,
delineated, and designated as such in each State's hunting regulations.
Pacific Flyway
General Seasons
Wyoming may select an 8-day season on Canada geese between
September 1-15. This season is subject to the following conditions:
1. Where applicable, the season must be concurrent with the
September portion of the sandhill crane season.
2. All participants must have a valid State permit for the
special season.
3. A daily bag limit of 2, with season and possession limits of
6 will apply to the special season.
Oregon may select a special Canada goose season of up to 15 days
during the period September 1-15. Daily bag limits not to exceed 3
Canada geese with 6 in possession.
Washington may select a special Canada goose season of up to 15
days during the period September 1-15. Daily bag limits not to exceed 3
Canada geese with 6 in possession.
Idaho may select a 15-day season in the special East Canada Goose
Zone as described in State regulations during the period September 1-
15. All participants must have a valid State permit and the total
number of permits issued is not to exceed 110 for this zone. The daily
bag limit is 2 and the possession limit is 4.
Idaho may select a 7-day Canada Goose Season during the period
September 1-15 in Nez Perce County with a bag limit of 4 and a
possession limit of 8. All participants must have a valid State permit
and the total number of permits is not to exceed 200 for the season in
Nez Perce County.
Areas open to hunting of Canada geese in each State must be
described, delineated, and designated as such in each State's hunting
regulations.
Regular Goose Seasons
Regular goose seasons in Wisconsin and the Upper Peninsula of
Michigan may open as early as September 21. Season lengths and bag and
possession limits will be the same as those in effect last year but are
subject to change during the late-season regulations process.
Sandhill Cranes
Regular Seasons in the Central Flyway:
Outside Dates: Between September 1 and February 28.
Hunting Seasons: Seasons not to exceed 58 consecutive days may be
selected in designated portions of the following States: Colorado,
Kansas, Montana, North Dakota, South Dakota, and Wyoming. Seasons not
to exceed 93 consecutive days may be selected in designated portions of
the following
[[Page 38005]]
States: New Mexico, Oklahoma, and Texas.
Daily Bag Limits: 3 sandhill cranes.
Permits: Each person participating in the regular sandhill crane
seasons must have a valid Federal sandhill crane hunting permit in
their possession while hunting.
Special Seasons in the Central and Pacific Flyways:
Arizona, Colorado, Idaho, Montana, New Mexico, Utah, and Wyoming
may select seasons for hunting sandhill cranes within the range of the
Rocky Mountain Population subject to the following conditions:
Outside Dates: Between September 1 and January 31.
Hunting Seasons: The season in any State or zone may not exceed 30
days.
Bag limits: Not to exceed 3 daily and 9 per season.
Permits: Participants must have a valid permit, issued by the
appropriate State, in their possession while hunting.
Other provisions: Numbers of permits, open areas, season dates,
protection plans for other species, and other provisions of seasons
must be consistent with the management plan and approved by the Central
and Pacific Flyway Councils. Seasons in Montana and the Park-Big Horn
Unit in Wyoming are experimental.
Common Moorhens and Purple Gallinules
Outside Dates: Between September 1 and January 20 in the Atlantic
Flyway, and between September 1 and the Sunday nearest January 20
(January 19) in the Mississippi and Central Flyways. States in the
Pacific Flyway have been allowed to select their hunting seasons
between the outside dates for the season on ducks; therefore, they are
late-season frameworks and no frameworks are provided in this document.
Hunting Seasons and Daily Bag Limits: Seasons may not exceed 70
days in the Atlantic, Mississippi, and Central Flyways. Seasons may be
split into 2 segments. The daily bag limit is 15 common moorhens and
purple gallinules, singly or in the aggregate of the two species.
Rails
Outside Dates: States included herein may select seasons between
September 1 and January 20 on clapper, king, sora, and Virginia rails.
Hunting Seasons: The season may not exceed 70 days, and may be
split into 2 segments.
Daily Bag Limits:
Clapper and King Rails - In Rhode Island, Connecticut, New Jersey,
Delaware, and Maryland, 10, singly or in the aggregate of the two
species. In Texas, Louisiana, Mississippi, Alabama, Georgia, Florida,
South Carolina, North Carolina, and Virginia, 15, singly or in the
aggregate of the two species.
Sora and Virginia Rails - In the Atlantic, Mississippi, and Central
Flyways and the Pacific-Flyway portions of Colorado, Montana, New
Mexico, and Wyoming, 25 daily and 25 in possession, singly or in the
aggregate of the two species. The season is closed in the remainder of
the Pacific Flyway.
Common Snipe
Outside Dates: Between September 1 and February 28, except in
Maine, Vermont, New Hampshire, Massachusetts, Rhode Island,
Connecticut, New York, New Jersey, Delaware, Maryland, and Virginia,
where the season must end no later than January 31.
Hunting Seasons and Daily Bag Limits: Seasons may not exceed 107
days and may be split into two segments. The daily bag limit is 8
snipe.
American Woodcock
Outside Dates: States in the Atlantic Flyway may select hunting
seasons between October 1 and January 31. States in the Central and
Mississippi Flyways may select hunting seasons between September 1 and
January 31.
Hunting Seasons and Daily Bag Limits: In the Atlantic Flyway,
seasons may not exceed 45 days, with a daily bag limit of 3; in the
Central and Mississippi Flyways, seasons may not exceed 65 days, with a
daily bag limit of 5. Seasons may be split into two segments.
Zoning: New Jersey may select seasons in each of two zones. The
season in each zone may not exceed 35 days.
Band-tailed Pigeons
Pacific Coast States (California, Oregon, Washington, and Nevada)
Outside Dates: Between September 15 and January 1.
Hunting Seasons and Daily Bag Limits: Not more than 9 consecutive
days, with bag and possession limits of 2 and 2 band-tailed pigeons,
respectively.
Permit Requirement: The appropriate State agency must issue
permits, and report on harvest and hunter participation to the Service
by June 1 of the following year, or participate in the Migratory Bird
Harvest Information Program.
Zoning: California may select hunting seasons not to exceed 9
consecutive days in each of two zones. The season in the North Zone
must close by October 7.
Four-Corners States (Arizona, Colorado, New Mexico, and Utah)
Outside Dates: Between September 1 and November 30.
Hunting Seasons and Daily Bag Limits: Not more than 30 consecutive
days, with a daily bag limit of 5 band-tailed pigeons.
Permit Requirement: The appropriate State agency must issue
permits, and report on harvest and hunter participation to the Service
by June 1 of the following year, or participate in the Migratory Bird
Harvest Information Program.
Zoning: New Mexico may select hunting seasons not to exceed 20
consecutive days in each of two zones. The season in the South Zone may
not open until October 1.
Mourning Doves
Outside Dates: Between September 1 and January 15, except as
otherwise provided, States may select hunting seasons and daily bag
limits as follows:
Eastern Management Unit (All States east of the Mississippi River, and
Louisiana)
Hunting Seasons and Daily Bag Limits: Not more than 70 days with a
daily bag limit of 12, or not more than 60 days with a daily bag limit
of 15.
Zoning and Split Seasons: States may select hunting seasons in each
of two zones. The season within each zone may be split into not more
than three periods. The hunting seasons in the South Zones of Alabama,
Florida, Georgia, Louisiana, and Mississippi may commence no earlier
than September 20. Regulations for bag and possession limits, season
length, and shooting hours must be uniform within specific hunting
zones.
Central Management Unit (Arkansas, Colorado, Iowa, Kansas, Minnesota,
Missouri, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South
Dakota, Texas, and Wyoming)
Hunting Seasons and Daily Bag Limits: Not more than 70 days with a
daily bag limit of 12, or not more than 60 days with a daily bag limit
of 15.
Zoning and Split Seasons: States may select hunting seasons in each
of two zones. The season within each zone may be split into not more
than three periods. Texas may select hunting seasons for each of three
zones subject to the following conditions:
A. The hunting season may be split into not more than two periods,
except
[[Page 38006]]
in that portion of Texas in which the special white-winged dove season
is allowed, where a limited mourning dove season may be held
concurrently with that special season (see white-winged dove
frameworks).
B. A season may be selected for the North and Central Zones between
September 1 and January 25; and for the South Zone between September 20
and January 25.
C. Each zone may have a daily bag limit of 12 doves (15 under the
alternative) in the aggregate, no more than 6 of which may be white-
winged doves and no more than 2 of which may be white-tipped doves,
except that during the special white-winged dove season, the daily bag
limit may not exceed 10 white-winged, mourning, and white-tipped doves
in the aggregate, of which no more than 5 may be mourning doves and 2
may be white-tipped doves.
D. Except as noted above, regulations for bag and possession
limits, season length, and shooting hours must be uniform within each
hunting zone.
Western Management Unit (Arizona, California, Idaho, Nevada, Oregon,
Utah, and Washington)
Hunting Seasons and Daily Bag Limits: Idaho, Nevada, Oregon, Utah,
and Washington - Not more than 30 consecutive days with a daily bag
limit of 10 mourning doves (in Nevada, the daily bag limit may not
exceed 10 mourning and white-winged doves in the aggregate).
Arizona and California - Not more than 60 days which may be split
between two periods, September 1-15 and November 1-January 15. In
Arizona, during the first segment of the season, the daily bag limit is
10 mourning and white-winged doves in the aggregate, of which no more
than 6 may be white-winged doves. During the remainder of the season,
the daily bag limit is restricted to 10 mourning doves. In California,
the daily bag limit may not exceed 10 mourning and white-winged doves
in the aggregate.
White-winged and White-tipped Doves
Hunting Seasons and Daily Bag Limits:
Except as shown below, seasons in Arizona, California, Florida,
Nevada, New Mexico, and Texas must be concurrent with mourning dove
seasons.
Arizona may select a hunting season of not more than 30 consecutive
days, running concurrently with the first segment of the mourning dove
season. The daily bag limit may not exceed 10 mourning and white-winged
doves in the aggregate, of which no more than 6 may be white-winged
doves.
In Florida, the daily bag limit may not exceed 12 mourning and
white-winged doves (15 under the alternative) in the aggregate, of
which no more than 4 may be white-winged doves.
In the Nevada Counties of Clark and Nye, and in the California
Counties of Imperial, Riverside, and San Bernardino, the daily bag
limit may not exceed 10 mourning and white-winged doves in the
aggregate.
In New Mexico, the daily bag limit may not exceed 12 mourning and
white-winged doves (15 under the alternative) in the aggregate.
In Texas, the daily bag limit may not exceed 12 mourning, white-
winged, and white-tipped doves (15 under the alternative) in the
aggregate, of which not more than 6 may be white-winged doves and not
more than 2 may be white-tipped doves.
In addition, Texas may also select a hunting season of not more
than 4 days for the special white-winged dove area of the South Zone
between September 1 and September 19. The daily bag limit may not
exceed 10 white-winged, mourning, and white-tipped doves in the
aggregate, of which no more than 5 may be mourning doves and 2 may be
white-tipped doves.
Alaska
Outside Dates: Between September 1 and January 26.
Hunting Seasons: Alaska may select 107 consecutive days for
waterfowl, sandhill cranes, and common snipe in each of five zones. The
season may be split without penalty in the Kodiak Zone. The seasons in
each zone must be concurrent.
Closures: The season is closed on Canada geese from Unimak Pass
westward in the Aleutian Island chain. The hunting season is closed on
Aleutian Canada geese, emperor geese, spectacled eiders, and Steller's
eiders.
Daily Bag and Possession limits:
Ducks - Except as noted, a basic daily bag limit of 7 and a
possession limit of 21 ducks. Daily bag and possession limits in the
North Zone are 10 and 30, and in the Gulf Coast Zone they are 8 and 24,
respectively. The basic limits may include no more than 1 canvasback
daily and 3 in possession.
In addition to the basic limit, there is a daily bag limit of 15
and a possession limit of 30 scoter, common and king eiders, oldsquaw,
harlequin, and common and red-breasted mergansers, singly or in the
aggregate of these species.
Light Geese - A basic daily bag limit of 3 and a possession limit
of 6.
Dark Geese - A basic daily bag limit of 4 and a possession limit of
8.
Dark-goose seasons are subject to the following restrictions:
1. In Units 9(e) and 18, the limits for Canada geese are 1 daily
and 2 in possession.
2. In Units 5 and 6, the taking of Canada geese is permitted
from September 28 through December 16. Middleton Island is closed to
the taking of Canada geese.
3. In Unit 10 (except Unimak Island), the taking of Canada geese
is prohibited.
Brant - A daily bag limit of 2.
Common snipe - A daily bag limit of 8.
Sandhill cranes - A daily bag limit of 3.
Tundra swans - Open seasons for tundra swans may be selected
subject to the following conditions:
1. No more than 300 permits may be issued in GMU 22, authorizing
each permittee to take 1 tundra swan per season.
2. No more than 500 permits may be issued during the operational
season in GMU 18. No more than 1 tundra swan may be taken per
permit.
3. The seasons must be concurrent with other migratory bird
seasons.
4. The appropriate State agency must issue permits, obtain
harvest and hunter-participation data, and report the results of
this hunt to the Service by June 1 of the following year.
Hawaii
Outside Dates: Between September 1 and January 15.
Hunting Seasons: Not more than 60 days (70 under the alternative)
for mourning doves.
Bag Limits: Not to exceed 15 (12 under the alternative) mourning
doves.
Note: Mourning doves may be taken in Hawaii in accordance with
shooting hours and other regulations set by the State of Hawaii, and
subject to the applicable provisions of 50 CFR part 20.
Puerto Rico
Doves and Pigeons:
Outside Dates: Between September 1 and January 15.
Hunting Seasons: Not more than 60 days.
Daily Bag and Possession Limits: Not to exceed 10 Zenaida,
mourning, and white-winged doves in the aggregate. Not to exceed 5
scaly-naped pigeons.
Closed Areas: There is no open season on doves or pigeons in the
following areas: Municipality of Culebra, Desecheo Island, Mona Island,
El Verde Closure Area, and Cidra Municipality and adjacent areas.
Ducks, Coots, Moorhens, Gallinules, and Snipe:
Outside Dates: Between October 1 and January 31.
[[Page 38007]]
Hunting Seasons: Not more than 55 days may be selected for hunting
ducks, common moorhens, and common snipe. The season may be split into
two segments.
Daily Bag Limits:
Ducks - Not to exceed 5.
Common moorhens - Not to exceed 6.
Common snipe - Not to exceed 8.
Closed Seasons: The season is closed on the ruddy duck, white-
cheeked pintail, West Indian whistling duck, fulvous whistling duck,
and masked duck, which are protected by the Commonwealth of Puerto
Rico. The season also is closed on the purple gallinule, American coot,
and Caribbean coot.
Closed Areas: There is no open season on ducks, common moorhens,
and common snipe in the Municipality of Culebra and on Desecheo Island.
Virgin Islands
Doves and Pigeons:
Outside Dates: Between September 1 and January 15.
Hunting Seasons: Not more than 60 days for Zenaida doves.
Daily Bag and Possession Limits: Not to exceed 10 Zenaida doves.
Closed Seasons: No open season is prescribed for ground or quail
doves, or pigeons in the Virgin Islands.
Closed Areas: There is no open season for migratory game birds on
Ruth Cay (just south of St. Croix).
Local Names for Certain Birds: Zenaida dove, also known as mountain
dove; bridled quail-dove, also known as Barbary dove or partridge;
Common ground-dove, also known as stone dove, tobacco dove, rola, or
tortolita; scaly-naped pigeon, also known as red-necked or scaled
pigeon.
Ducks
Outside Dates: Between December 1 and January 31.
Hunting Seasons: Not more than 55 consecutive days.
Daily Bag Limits: Not to exceed 5.
Closed Seasons: The season is closed on the ruddy duck, white-
cheeked pintail, West Indian whistling duck, fulvous whistling duck,
and masked duck.
Special Falconry Regulations
Falconry is a permitted means of taking migratory game birds in any
State meeting Federal falconry standards in 50 CFR 21.29(k). These
States may select an extended season for taking migratory game birds in
accordance with the following:
Extended Seasons: For all hunting methods combined, the combined
length of the extended season, regular season, and any special or
experimental seasons shall not exceed 107 days for any species or group
of species in a geographical area. Each extended season may be divided
into a maximum of 3 segments.
Framework Dates: Seasons must fall between September 1 and March
10.
Daily Bag and Possession Limits: Falconry daily bag and possession
limits for all permitted migratory game birds shall not exceed 3 and 6
birds, respectively, singly or in the aggregate, during extended
falconry seasons, any special or experimental seasons, and regular
hunting seasons in all States, including those that do not select an
extended falconry season.
Regular Seasons: General hunting regulations, including seasons and
hunting hours, apply to falconry in each State listed in 50 CFR
21.29(k). Regular-season bag and possession limits do not apply to
falconry. The falconry bag limit is not in addition to gun limits.
Area, Unit, and Zone Descriptions
Central Flyway portion of the following States consists of:
Colorado: That area lying east of the Continental Divide.
Montana: That area lying east of Hill, Chouteau, Cascade, Meagher,
and Park Counties.
New Mexico: That area lying east of the Continental Divide but
outside the Jicarilla Apache Indian Reservation.
Wyoming: That area lying east of the Continental Divide and
excluding the Great Divide Portion.
The remaining portions of these States are in the Pacific Flyway.
Mourning and White-winged Doves
Alabama
South Zone - Baldwin, Barbour, Coffee, Conecuh, Covington, Dale,
Escambia, Geneva, Henry, Houston, and Mobile Counties.
North Zone - Remainder of the State.
California
White-winged Dove Open Areas - Imperial, Riverside, and San
Bernardino Counties.
Florida
Northwest Zone - The Counties of Bay, Calhoun, Escambia, Franklin,
Gadsden, Gulf, Holmes, Jackson, Liberty, Okaloosa, Santa Rosa, Walton,
Washington, Leon (except that portion north of U.S. 27 and east of
State Road 155), Jefferson (south of U.S. 27, west of State Road 59 and
north of U.S. 98), and Wakulla (except that portion south of U.S. 98
and east of the St. Marks River).
South Zone - Remainder of State.
Georgia
Northern Zone - That portion of the State lying north of a line
running west to east along U.S. Highway 280 from Columbus to Wilcox
County, thence southward along the western border of Wilcox County;
thence east along the southern border of Wilcox County to the Ocmulgee
River, thence north along the Ocmulgee River to Highway 280, thence
east along Highway 280 to the Little Ocmulgee River; thence southward
along the Little Ocmulgee River to the Ocmulgee River; thence
southwesterly along the Ocmulgee River to the western border of the
Jeff Davis County; thence south along the western border of Jeff Davis
County; thence east along the southern border of Jeff Davis and Appling
Counties; thence north along the eastern border of Appling County, to
the Altamaha River; thence east to the eastern border of Tattnall
County; thence north along the eastern border of Tattnall County;
thence north along the western border of Evans to Candler County;
thence west along the southern border of Candler County to the Ohoopee
River; thence north along the western border of Candler County to
Bulloch County; thence north along the western border of Bulloch County
to U.S. Highway 301; thence northeast along U.S. Highway 301 to the
South Carolina line.
South Zone - Remainder of the State.
Louisiana
North Zone - That portion of the State north of Interstate Highway
10 from the Texas State line to Baton Rouge, Interstate Highway 12 from
Baton Rouge to Slidell and Interstate Highway 10 from Slidell to the
Mississippi State line.
South Zone - The remainder of the State.
Mississippi
South Zone - The Counties of Forrest, George, Greene, Hancock,
Harrison, Jackson, Lamar, Marion, Pearl River, Perry, Pike, Stone, and
Walthall.
North Zone - The remainder of the State.
Nevada
White-winged Dove Open Areas - Clark and Nye Counties.
Texas
North Zone - That portion of the State north of a line beginning at
the International Bridge south of Fort Hancock; north along FM 1088 to
TX 20; west along TX 20 to TX 148; north along TX 148 to I-10 at Fort
Hancock; east along I-10 to I-20; northeast along I-20 to I-30 at Fort
Worth; northeast along I-30 to the Texas-Arkansas State line.
South Zone - That portion of the State south and west of a line
beginning at the International Bridge south of Del Rio, proceeding east
on U.S. 90 to San
[[Page 38008]]
Antonio; then east on I-10 to Orange, Texas.
Special White-winged Dove Area in the South Zone - That portion of
the State south and west of a line beginning at the International
Bridge south of Del Rio, proceeding east on U.S. 90 to Uvalde; south on
U.S. 83 to TX 44; east along TX 44 to TX 16 at Freer; south along TX 16
to TX 285 at Hebbronville; east along TX 285 to FM 1017; southwest
along FM 1017 to TX 186 at Linn; east along TX 186 to the Mansfield
Channel at Port Mansfield; east along the Mansfield Channel to the Gulf
of Mexico.
Area with additional restrictions - Cameron, Hidalgo, Starr, and
Willacy Counties.
Central Zone - That portion of the State lying between the North
and South Zones.
Band-tailed Pigeons
California
North Zone - Alpine, Butte, Del Norte, Glenn, Humboldt, Lassen,
Mendocino, Modoc, Plumas, Shasta, Sierra, Siskiyou, Tehama, and Trinity
Counties.
South Zone - The remainder of the State.
New Mexico
North Zone - North of a line following U.S. 60 from the Arizona
State line east to I-25 at Socorro and then south along I-25 from
Socorro to the Texas State line.
South Zone - Remainder of the State.
Washington
Western Washington - The State of Washington excluding those
portions lying east of the Pacific Crest Trail and east of the Big
White Salmon River in Klickitat County.
Woodcock
New Jersey
North Zone - That portion of the State north of NJ 70.
South Zone - The remainder of the State.
Special September Goose Seasons
Atlantic Flyway
North Carolina
Northeast Hunt Unit - Counties of Bertie, Camden, Chovan,
Currituck, Dare, Hyde, Pasquotank, Perquimans, Tyrrell, and Washington.
Mississippi Flyway
Illinois
Northeast Zone - Cook, DuPage, Grundy, Kane, Kankakee, Kendall,
Lake, McHenry, and Will Counties.
Iowa
North Zone: That portion of the State north of a line extending
east from the Nebraska border along State Highway 175 to State 37,
southeast along State 37 to U.S. Highway 59, south along U.S. 59 to
Interstate Highway 80, then east along I-80 to the Illinois border.
South Zone: The remainder of Iowa.
Minnesota
Twin Cities Metropolitan Canada Goose Zone -
A. All of Hennepin and Ramsey Counties.
B. In Anoka County, all of Columbus Township lying south of County
State Aid Highway (CSAH) 18, Anoka County; all of the cities of Ramsey,
Andover, Anoka, Coon Rapids, Spring Lake Park, Fridley, Hilltop,
Columbia Heights, Blaine, Lexington, Circle Pines, Lino Lakes, and
Centerville; and all of the city of Ham Lake except that portion lying
north of CSAH 18 and east of U.S. Highway 65.
C. That part of Carver County lying north and east of the following
described line: Beginning at the northeast corner of San Francisco
Township; thence west along the north boundary of San Francisco
Township to the east boundary of Dahlgren Township; thence north along
the east boundary of Dahlgren Township to U.S. Highway 212; thence west
along U.S. Highway 212 to State Trunk Highway (STH) 284; thence north
on STH 284 to County State Aid Highway (CSAH) 10; thence north and west
on CSAH 10 to CSAH 30; thence north and west on CSAH 30 to STH 25;
thence east and north on STH 25 to CSAH 10; thence north on CSAH 10 to
the Carver County line.
D. In Scott County, all of the cities or Shakopee, Savage, Prior
Lake, and Jordan, and all of the Townships of Jackson, Louisville, St.
Lawrence, Sand Creek, Spring Lake, and Credit River.
E. In Dakota County, all of the cities of Burnsville, Eagan,
Mendota Heights, Mendota, Sunfish Lake, Inver Grove Heights, Apple
Valley, Lakeville, Rosemount, Farmington, Hastings, Lilydale, West St.
Paul, and South St. Paul, and all of the Township of Nininger.
F. That portion of Washington County lying south of the following
described line: Beginning at County State Aid Highway (CSAH) 2 on the
west boundary of the county; thence east on CSAH 2 to U.S. Highway 61;
thence south on U.S. Highway 61 to State Trunk Highway (STH) 97; thence
east on STH 97 to the intersection of STH 97 and STH 95; thence due
east to the east boundary of the state.
Northwest Goose Zone (included for reference only, not a special
September Goose Season Zone) - That portion of the State encompassed by
a line extending east from the North Dakota border along U.S. Highway 2
to State Trunk Highway (STH) 32, north along STH 32 to STH 92, east
along STH 92 to County State Aid Highway (CSAH) 2 in Polk County, north
along CSAH 2 to CSAH 27 in Pennington County, north along CSAH 27 to
STH 1, east along STH 1 to CSAH 28 in Pennington County, north along
CSAH 28 to CSAH 54 in Marshall County, north along CSAH 54 to CSAH 9 in
Roseau County, north along CSAH 9 to STH 11, west along STH 11 to STH
310, and north along STH 310 to the Manitoba border.
Four Goose Zone - That portion of the state encompassed by a line
extending north from the Iowa border along U.S. Interstate Highway 35
to the south boundary of the Twin Cities Metropolitan Canada Goose
Zone, then west and north along the boundary of the Twin Cities
Metropolitan Canada Goose Zone to U.S. Interstate 94, then west and
north on U.S. Interstate 94 to the North Dakota border.
Two Goose Zone - That portion of the state to the north of a line
extending east from the North Dakota border along U.S. Interstate 94 to
the boundary of the Twin Cities Metropolitan Canada Goose Zone, then
north and east along the Twin Cities Metropolitan Canada Goose Zone
boundary to the Wisconsin border, except the Northwest Goose Zone and
that portion of the State encompassed by a line extending north from
the Iowa border along U.S. Interstate 35 to the south boundary of the
Twin Cities Metropolitan Canada Goose Zone, then east on the Twin Cites
Metropolitan Canada Goose Zone boundary to the Wisconsin border.
Tennessee
Middle Tennessee Zone - Those portions of Houston, Humphreys,
Montgomery, Perry, and Wayne Counties east of State Highway 13; and
Bedford, Cannon, Cheatham, Coffee, Davidson, Dickson, Franklin, Giles,
Hickman, Lawrence, Lewis, Lincoln, Macon, Marshall, Maury, Moore,
Robertson, Rutherford, Smith, Sumner, Trousdale, Williamson, and Wilson
Counties.
Cumberland Plateau Zone - Bledsoe, Bradley, Clay, Cumberland,
Dekalb, Fentress, Grundy, Hamilton, Jackson, Marion, McMinn, Meigs,
Morgan, Overton, Pickett, Polk, Putnam, Rhea, Roane, Scott, Sequatchie,
Van Buren, Warren, and White Counties.
East Tennessee Zone - Anderson, Blount, Campbell, Carter,
Claiborne, Cocke, Grainger, Greene, Hamblen, Hancock, Hawkins,
Jefferson, Johnson, Knox, Loudon, Monroe, Sevier, Sullivan, Unicoi,
Union, and Washington Counties.
[[Page 38009]]
Wisconsin
Early-Season Subzone A - That portion of the State encompassed by a
line beginning at the Lake Michigan shore in Sheboygan, then west along
State Highway 23 to State 67, southerly along State 67 to County
Highway E in Sheboygan County, southerly along County E to State 28,
south and west along State 28 to U.S. Highway 41, southerly along U.S.
41 to State 33, westerly along State 33 to County Highway U in
Washington County, southerly along County U to County N, southeasterly
along County N to State 60, westerly along State 60 to County Highway P
in Dodge County, southerly along County P to County O, westerly along
County O to State 109, south and west along State 109 to State 26,
southerly along State 26 to U.S. 12, southerly along U.S. 12 to State
89, southerly along State 89 to U.S. 14, southerly along U.S. 14 to the
Illinois border, east along the Illinois border to the Michigan border
in Lake Michigan, north along the Michigan border in Lake Michigan to a
point directly east of State 23 in Sheboygan, then west along that line
to the point of beginning on the Lake Michigan shore in Sheboygan.
Early-Season Subzone B - That portion of the State between Early-
Season Subzone A and a line beginning at the intersection of U.S.
Highway 141 and the Michigan border near Niagara, then south along U.S.
141 to State Highway 22, west and southwest along State 22 to U.S. 45,
south along U.S. 45 to State 22, west and south along State 22 to State
110, south along State 110 to U.S. 10, south along U.S. 10 to State 49,
south along State 49 to State 23, west along State 23 to State 73,
south along State 73 to State 60, west along State 60 to State 23,
south along State 23 to State 11, east along State 11 to State 78, then
south along State 78 to the Illinois border.
Pacific Flyway
Idaho
East Zone - Bonneville, Caribou, Fremont and Teton Counties.
Oregon
Northwest Zone - Benton, Clackamus, Clatsop, Columbia, Lincoln,
Linn, Marion, Polk, Multnomah, Tillamook, Washington, Wayne, and
Yamhill Counties.
Southwest Zone - Coos, Curry, Douglas, Jackson, Josephine, and
Klamath Counties.
East Zone - Baker, Gilliam, Malheur, Morrow, Sherman, Umatilla,
Union and Wasco Counties.
Washington
Southwest Zone - Clark, Colitz, Pacific, and Wahkiakum Counties.
East Zone - Asotin, Benton, Columbia, Garfield, Klickitat, and
Whitman Counties.
Wyoming
Bear River Area - That portion of Lincoln County described in State
regulations.
Salt River Area - That portion of Lincoln County described in State
regulations.
Farson-Edon Area - Those portions of Sweetwater and Sublette
Counties described in State regulations.
Teton Area - Those portions of Teton County described in State
regulations.
Ducks
Mississippi Flyway
Iowa
North Zone: That portion of the State north of a line extending
east from the Nebraska border along State Highway 175 to State 37,
southeast along State 37 to U.S. Highway 59, south along U.S. 59 to
Interstate Highway 80, then east along I-80 to the Illinois border.
South Zone: The remainder of Iowa.
Sandhill Cranes
Central Flyway
Colorado
Regular-Season Open Area - The Central Flyway portion of the State
except the San Luis Valley (Alamosa, Conejos, Costilla, Hinsdale,
Mineral, Rio Grande and Saguache Counties east of the Continental
Divide) and North Park (Jackson County).
Kansas
Regular Season Open Area - That portion of the State west of a line
beginning at the Oklahoma border, north on I-35 to Wichita, north on I-
135 to Salina, and north on U.S. 81 to the Nebraska border.
New Mexico
Regular-Season Open Area - Chaves, Curry, De Baca, Eddy, Lea, Quay,
and Roosevelt Counties.
Middle Rio Grande Valley Area - The Central Flyway portion of New
Mexico in Socorro and Valencia Counties.
Southwest Zone - Sierra, Luna, and Dona Ana Counties.
Oklahoma
Regular-Season Open Area - That portion of the State west of I-35.
Texas
Regular-Season Open Area - That portion of the State west of a line
from the International Toll Bridge at Brownsville along U.S. 77 to
Victoria; U.S. 87 to Placedo; Farm Road 616 to Blessing; State 35 to
Alvin; State 6 to U.S. 290; U.S. 290 to Austin; I-35 to the Texas-
Oklahoma border.
North Dakota
Regular-Season Open Area - That portion of the State west of U.S.
281.
South Dakota
Regular-Season Open Area - That portion of the State west of U.S.
281.
Montana
Regular-Season Open Area - The Central Flyway portion of the State
except that area south of I-90 and west of the Bighorn River.
Wyoming
Regular-Season Open Area - Campbell, Converse, Crook, Goshen,
Laramie, Niobrara, Platte, and Weston Counties.
Riverton-Boysen Unit - Portions of Fremont County.
Park and Bighorn County Unit - Portions of Park and Bighorn
Counties.
Pacific Flyway
Arizona
Special-Season Area - Game Management Units 30A, 30B, 31, and 32.
Montana
Special-Season Area - See State regulations.
Utah
Special-Season Area - Rich County.
Wyoming
Bear River Area - That portion of Lincoln County described in State
regulations.
Salt River Area - That portion of Lincoln County described in State
regulations.
Eden-Farson Area - Those portions of Sweetwater and Sublette
Counties described in State regulations.
All Migratory Game Birds in Alaska
North Zone - State Game Management Units 11-13 and 17-26.
Gulf Coast Zone - State Game Management Units 5-7, 9, 14-16, and 10
- Unimak Island only.
Southeast Zone - State Game Management Units 1-4.
Pribilof and Aleutian Islands Zone - State Game Management Unit 10
- except Unimak Island.
Kodiak Zone - State Game Management Unit 8.
All Migratory Birds in the Virgin Islands
Ruth Cay Closure Area - The island of Ruth Cay, just south of St.
Croix.
All Migratory Birds in Puerto Rico
Municipality of Culebra Closure Area - All of the municipality of
Culebra.
Desecheo Island Closure Area - All of Desecheo Island.
Mona Island Closure Area - All of Mona Island.
El Verde Closure Area - Those areas of the municipalities of Rio
Grande and Loiza delineated as follows: (1) All
[[Page 38010]]
lands between Routes 956 on the west and 186 on the east, from Route 3
on the north to the juncture of Routes 956 and 186 (Km 13.2) in the
south; (2) all lands between Routes 186 and 966 from the juncture of
186 and 966 on the north, to the Caribbean National Forest Boundary on
the south; (3) all lands lying west of Route 186 for one kilometer from
the juncture of Routes 186 and 956 south to Km 6 on Route 186; (4) all
lands within Km 14 and Km 6 on the west and the Caribbean National
Forest Boundary on the east; and (5) all lands within the Caribbean
National Forest Boundary whether private or public.
Cidra Municipality and adjacent areas - All of Cidra Municipality
and portions of Aguas, Buenas, Caguas, Cayer, and Comerio
Municipalities as encompassed within the following boundary: beginning
on Highway 172 as it leaves the municipality of Cidra on the west edge,
north to Highway 156, east on Highway 156 to Highway 1, south on
Highway 1 to Highway 765, south on Highway 765 to Highway 763, south on
Highway 763 to the Rio Guavate, west along Rio Guavate to Highway 1,
southwest on Highway 1 to Highway 14, west on Highway 14 to Highway
729, north on Highway 729 to Cidra Municipality boundary to the point
of beginning.
BILLING CODE 4310-55-F
[[Page 38011]]
[GRAPHIC] [TIFF OMITTED] TP22JY96.000
[FR Doc. 96-18430 Filed 7-19-96; 8:45 am]
BILLING CODE 4310-55-C