[Federal Register Volume 62, Number 109 (Friday, June 6, 1997)]
[Proposed Rules]
[Pages 31298-31306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14882]



[[Page 31297]]

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Part V





Department of the Interior





_______________________________________________________________________



Fish and Wildlife Service



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50 CFR Part 20



Migratory Bird Hunting; Supplemental Proposals for Migratory Game Bird 
Hunting Regulations; Proposed Rule

  Federal Register / Vol. 62, No. 109 / Friday, June 6, 1997 / Proposed 
Rules  

[[Page 31298]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN: 1018-AE14


Migratory Bird Hunting; Supplemental Proposals for Migratory Game 
Bird Hunting Regulations; Notice of Meetings

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; supplemental.

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SUMMARY: The U.S. Fish and Wildlife Service (hereinafter the Service) 
proposed in an earlier document to establish annual hunting regulations 
for certain migratory game birds for the 1997-98 hunting season. This 
supplement to the proposed rule provides the regulatory schedule; 
announces a special meeting to discuss and review Adaptive Harvest 
Management; announces the Service Migratory Bird Regulations Committee 
and Flyway Councils meetings; and describes the proposed regulatory 
alternatives for the 1997-98 duck hunting seasons and other proposed 
changes from the 1996-97 hunting regulations.

DATES: The Service will hold a special open meeting at 9:00 a.m. on 
June 24, 1997, to review the concepts and process of Adaptive Harvest 
Management. The Service Migratory Bird Regulations Committee will 
consider and develop proposed regulations for early-season migratory 
bird hunting at 8:30 a.m. on June 25 and 26, and for late-season 
migratory bird hunting on August 5 and 6. The Service will hold public 
hearings on proposed early- and late-season frameworks at 9:00 a.m. on 
June 27 and August 7, 1997, respectively. The comment period for the 
proposed regulatory alternatives for the 1997-98 duck hunting seasons 
will end on July 3, 1997. The comment period for proposed migratory 
bird hunting-season frameworks for Alaska, Hawaii, Puerto Rico, the 
Virgin Islands, and other early seasons will end on July 25, 1997. The 
comment period for late-season proposals will end on September 4, 1997.

ADDRESSES: The Adaptive Harvest Management Meeting and the Service 
Migratory Bird Regulations Committee will meet in room 200 of the U.S. 
Fish and Wildlife Service's Arlington Square Building, 4401 N. Fairfax 
Drive, Arlington, Virginia. The Service will hold public hearings in 
the Auditorium of the Department of the Interior Building, 1849 C 
Street, NW., Washington, DC. Parties should submit written comments on 
the proposals and/or a notice of intent to participate in either 
hearing to the Chief, Office of Migratory Bird Management, U.S. Fish 
and Wildlife Service, Department of the Interior, ms 634--ARLSQ, 1849 C 
Street, NW., Washington, DC 20240. The public may inspect comments 
during normal business hours in room 634, ARLSQ Building, 4401 N. 
Fairfax Drive, Arlington, Virginia.

FOR FURTHER INFORMATION CONTACT: Paul R. Schmidt, Chief, Office of 
Migratory Bird Management, U.S. Fish and Wildlife Service, (703) 358-
1714.

SUPPLEMENTARY INFORMATION:

Regulations Schedule for 1997

    On March 13, 1997, the Service published in the Federal Register 
(62 FR 12054) 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. This document is the second in a series of 
proposed, supplemental, and final rules for migratory game bird hunting 
regulations. The Service will propose early-season frameworks in late 
June and late-season frameworks in early August. The Service will 
publish final regulatory alternatives for the 1997-98 duck hunting 
seasons in mid-July and final regulatory frameworks for early seasons 
on or about August 20, 1997, and those for late seasons on or about 
September 25, 1997.
    On June 27, 1997, the Service will hold a public hearing in 
Washington, DC, to review the status of migratory shore and upland game 
birds and waterfowl hunted during early seasons and the recommended 
hunting regulations for these species.
    On August 7, 1997, the Service will hold a public hearing in 
Washington, DC, to review the status of waterfowl and recommended 
hunting regulations for regular waterfowl seasons, and other species 
and seasons not previously discussed at the June 27 public hearing.

Announcement of Adaptive Harvest Management Meeting

    The June 24 meeting will review the concepts and process of 
Adaptive Harvest Management. Representatives from the Service, the 
Service Migratory Bird Regulations Committee, and Flyway Council 
Consultants will attend.

Announcement of Service Migratory Bird Regulations Committee 
Meetings

    The June 25 meeting will review information on the current status 
of migratory shore and upland game birds and develop 1997-98 migratory 
game bird regulations recommendations for these species plus 
regulations for migratory game birds in Alaska, Puerto Rico, and the 
Virgin Islands; special September waterfowl seasons in designated 
States; special sea duck seasons in the Atlantic Flyway; and extended 
falconry seasons. In addition, the Service will review and discuss 
preliminary information on the status of waterfowl as it relates to the 
development of the final regulatory packages for the 1997-98 regular 
waterfowl seasons. The June 26 meeting will ensure that the Service 
develops its regulations recommendations in full consultation.
    The August 5 meeting will review information on the current status 
of waterfowl and develop 1997-98 migratory game bird regulations 
recommendations for regular waterfowl seasons and other species and 
seasons not previously discussed at the early season meetings. The 
August 6 meeting will ensure that the Service develops its regulations 
recommendations in full consultation.
    In accordance with Departmental policy, these meetings are open to 
public observation. Members of the public may submit written comments 
on the matters discussed to the Director.

Announcement of Flyway Council Meetings

    Service representatives will be present at the following meetings 
of the Flyway Councils:
    Atlantic Flyway--July 31-August 1, Savannah Georgia (Savannah 
Marriott River Front)
    Central Flyway--July 30-31, Cypress Hills, Saskatoon, Saskatchewan
    Mississippi Flyway--July 30-31, Hot Springs, Arkansas
    Pacific Flyway--July 30-31, Reno, Nevada (Peppermill Hotel)
    Although agendas are not yet available, these meetings usually 
commence at 8:30 a.m. on the days indicated.

Review of Public Comments

    This supplemental rulemaking contains the proposed regulatory 
alternatives for the 1997-98 duck hunting seasons. All comments and 
recommendations received through May 1, 1997, relating to the 
development of these alternatives are included and addressed herein.

[[Page 31299]]

    This supplemental rulemaking also describes other recommended 
changes based on the preliminary proposals published in the March 13, 
1997, Federal Register. Only those recommendations requiring either new 
proposals or substantial modification of the preliminary proposals are 
included here. This supplement does not include recommendations that 
support or oppose but do not recommend alternatives to the preliminary 
proposals. The Service will consider these comments later in the 
regulations-development process. The Service will publish responses to 
all proposals, written comments, and public-hearing testimony when it 
develops final frameworks.
    The Service seeks additional information and comments on the 
recommendations in this supplemental proposed rule. The Service will 
consider all recommendations and associated comments during development 
of the final frameworks.
    New proposals and modifications to previously described proposals 
are discussed below. Wherever possible, they are discussed under 
headings corresponding to the numbered items in the March 13, 1997, 
Federal Register.

General

    Written Comments: Several individuals from Tennessee and 
Mississippi recommended either a noon or 1:00 p.m. closing time for 
duck hunting, citing positive benefits to the duck population and law 
enforcement.
    An individual from Minnesota urged elimination of the 4:00 p.m. 
closing time in Minnesota.

1. Ducks

    Categories used to discuss issues related to duck harvest 
management are: (A) Harvest Strategy Considerations, (B) Framework 
Dates, (C) Season Length, (D) Closed Seasons, (E) Bag Limits, (F) Zones 
and Split Seasons, and (G) Special Seasons/Species Management. 
Categories containing substantial recommendations are discussed below.

A. Harvest Strategy Considerations

    On March 13, 1997, the Service published for public comment 
recommendations from the Adaptive Harvest Management (AHM) technical 
working group regarding modification of the regulatory alternatives for 
duck hunting (62 FR 12054). If adopted, significant changes from the 
alternatives utilized in 1996-97 would include: (1) addition of a 
``very restrictive'' alternative; (2) additional days and a higher 
total-duck daily bag limit in the ``moderate'' and ``liberal'' 
alternatives; and (3) an increase in the daily bag limit of hen 
mallards in the ``moderate'' and ``liberal'' alternatives.
    Council Recommendations: All four Flyway Councils generally 
endorsed the regulatory alternatives recommended by the AHM technical 
working group that were identified in the March 13, 1997, Federal 
Register. However, some modifications were recommended and are 
identified below.
    The Atlantic Flyway Council endorsed the four regulatory 
alternatives for the Atlantic Flyway, with the exception of the total 
duck bag limit and hen mallard bag limit restrictions (see further 
discussion in E. Bag Limits).
    The Upper- and Lower-Region Regulations Committees of the 
Mississippi Flyway Council endorsed the regulatory packages for the 
Mississippi Flyway for the 1997-98 season, with the Lower-Region 
Regulations Committee also recommending an experimental framework 
closing date (see further discussion in B. Framework Dates).
    The Central Flyway Council endorsed the regulatory packages with 
the exception of recommending a harvest strategy for pintails and an 
earlier framework opening date for northern states (see further 
discussions in B. Framework Dates and G. Special Seasons/Species 
Management, ii. Pintails).
    The Pacific Flyway Council endorsed the working group's recommended 
alternatives with several modifications. The Council recommended minor 
changes in season length and the hen mallard bag limit and adoption of 
an interim pintail harvest strategy (see further discussion in C. 
Season Length, E. Bag Limits and G. Special Seasons/Species Management, 
ii. Pintails).

    Written Comments: The Minnesota Department of Natural Resources 
(Minnesota) and the Wisconsin Department of Natural Resources supported 
the packages proposed by the AHM technical working group, although both 
stated that the packages provide little additional benefit to hunters 
in northern States. Minnesota noted that AHM brings more science, 
better decisions and less politics into the regulations-setting 
process. Minnesota also expressed support for the working group's 
recommended ``liberal'' alternative despite their belief that it 
essentially changes the allocation of harvest, providing additional 
opportunity to mid-latitude and southern States while limiting 
Minnesota hunter opportunities due to typical freeze-up dates.
    The Missouri Department of Conservation (Missouri) supported the 
working group's recommendations and further supported any change among 
the various options that provided a consistent, science-based approach 
to waterfowl management. Missouri further commented that the strengths 
of AHM are the shared objectives and improved use of available 
information and that State and region-specific proposals generated 
outside the AHM process jeopardize this improved waterfowl management 
decision-making process.
    The North American Waterfowl Federation (NAWF) supported the 
development and implementation of AHM in setting waterfowl regulations 
but did not support the liberalizations proposed by the working group 
regarding increases in season lengths and bag limits. NAWF believed 
that extensive changes were premature and did not provide adequate 
consideration for population impacts. NAWF pointed out that several 
species of waterfowl had not yet reached population goals and that 
additional harvest did not appear justified. NAWF was also not aware of 
any initiative or substantial interest among the duck hunting public 
for an expansion of hunting opportunities and questioned whether the 
interests of hunters were being represented.
    The Delta Wildlife Foundation and the Delta Outfitters Association 
of Mississippi and the Alabama Waterfowl Association expressed support 
for the recommendations of the Lower-Region Regulations Committee of 
the Mississippi Flyway Council.
    The Louisiana Wildlife Federation supported the establishment of a 
``more'' or ``most'' liberal alternative for those years when duck 
reproduction was high and the population could support additional 
harvest.
    Several individuals from Louisiana fully supported the working 
group's recommendations.
    Several individuals from Alabama expressed support for the 
recommendations of the Lower Region Regulations Committee of the 
Mississippi Flyway Council.
    An individual from Minnesota questioned the AHM process, citing the 
fact that harvest had increased each year under AHM. He further 
questioned the need for a ``super-liberal'' alternative and believed 
that States would be unwilling to actually use the ``conservative'' 
alternative.
    Individuals from Tennessee and Louisiana expressed support for the 
``liberal'' alternative.
    Several individuals from Minnesota and one individual from 
Louisiana suggested keeping the ``liberal''

[[Page 31300]]

alternative at 50 days with a 5-bird daily bag limit. Another commenter 
requested longer (i.e., 60 to 70 days) seasons and 4-bird daily bag 
limits.
    An individual from Minnesota urged support for a 30- to 40-day 
season and a 3- to 5-bird daily bag limit, depending on water 
conditions.
    The California Waterfowl Association supported the addition of a 
``very restrictive'' alternative and the working group's recommendation 
for extended season lengths under the ``moderate'' and ``liberal'' 
alternatives.
    An individual from Kansas strongly supported the addition of a 
``very restrictive'' alternative as a management tool.
    An individual from Oregon was concerned about potential increases 
in mallard harvest given the population status of mallards and recent 
season liberalizations.
    Several individuals from Ohio, California, and Pennsylvania opposed 
all increases in either daily bag limits or season lengths on moral 
grounds, with some calling for overall reductions in hunting 
opportunities.
    Service Response: Comments received to date regarding the 
recommendations of the AHM technical working group generally have been 
favorable. Therefore, the Service is proposing to adopt most of the 
recommendations of the AHM working group. Minor differences between the 
working group's recommendations and the Service's proposal are noted 
under C. Season Lengths, E. Bag Limits, and G. Special Seasons/Species 
Management, ii. Pintails. The Service notes a number of comments 
suggesting some hunters may not be interested in more liberal 
regulations, even though they may be biologically acceptable.
    For the 1997-98 regular duck hunting season, the Service proposes 
the four regulatory alternatives detailed in the accompanying table. 
Alternatives are specified for each Flyway and are designated as ``VERY 
RES'' for the very restrictive, ``RES'' for the restrictive, ``MOD'' 
for the moderate, and ``LIB'' for the liberal alternative. The Service 
will publish final regulatory alternatives in July and propose a 
specific regulatory alternative when survey data on waterfowl 
population and habitat status are available. Public comments will be 
accepted until June 27, 1997, and should be sent to the address under 
the caption ADDRESSES.

B. Framework Dates

    Council Recommendations: The Lower-Region Regulations Committee of 
the Mississippi Flyway Council recommended the Service allow an 
experimental January 31 framework closing date, as long as it does not 
affect regulations/framework packages in non-participatory States.
    The Central Flyway Council recommended a framework opening date of 
the Saturday nearest September 23 in North Dakota, South Dakota, 
Montana, Wyoming, Colorado, and Nebraska.
    Written Comments: The State of North Dakota provided a concurrent 
resolution urging the Service to adopt a framework opening date of 
September 20.
    The Alabama Department of Conservation and Natural Resources 
recommended a framework closing date of January 31 under the 
``liberal'' and ``moderate'' alternatives. In lieu of this option, they 
suggested an experimental season of 3 to 5 years for a limited number 
of States in order to determine any resulting detrimental effects from 
the later framework closing date.
    Senators Trent Lott and Thad Cochran of Mississippi urged support 
for extending the framework closing date to January 31 in Mississippi 
with the same number of days and bag limit as other States in the 
Mississippi Flyway.
    The Mississippi State Senate provided a concurrent resolution 
urging the Mississippi U.S. Congressional delegation to express to the 
Service the need and support for a duck hunting framework closing date 
of January 31 for the Mississippi Flyway. The resolution stated that 
peak duck populations in Mississippi occur from late December through 
January, a January 31 framework closing date would not adversely impact 
the survival rate of ducks, and Mississippi hunters were denied the 
same opportunity to hunt ducks afforded to hunters in the northern and 
central portions of the Mississippi Flyway.
    The City of Grenada, Mississippi, urged consideration of a season 
ending after the first week in February so as to allow Mississippi 
hunters the same hunting opportunities afforded other States in the 
Mississippi Flyway.
    The Mississippi Wildlife Federation expressed support for a later 
framework closing date in January, citing the fact that Mississippi 
overwinters the third largest number of waterfowl in the Mississippi 
Flyway, but only ranks 11th out of 14 States in the Flyway in waterfowl 
harvest.
    One hundred and twenty-six individual commenters and 107 
petitioners from Mississippi recommended a framework closing date 
extension to January 31. Most commenters believed the majority of 
waterfowl do not arrive in Mississippi until mid- to late-January after 
the current season closes. Further, many cited the opinion that due to 
the Service's unfair frameworks policy, southern waterfowlers are not 
given the same hunting opportunities as those given to hunters in 
northern States.
    Twenty-two individuals and eleven petitioners from Mississippi 
recommended a framework closing date extension to February 9. One 
individual from Mississippi recommended a season running through the 
middle of February.
    Three individuals from Alabama urged the Service to consider 
extending the framework closing date to at least January 31.
    The Louisiana Wildlife Federation supported modifying the framework 
closing date to allow hunting through the last weekend in January, 
provided that the late-season disturbance was not shown to be an 
impediment to the overall population or to achieving the NAWMP goals.
    Several individuals from Louisiana recommended a duck hunting 
season closing the end of January.
    The Minnesota Department of Natural Resources (Minnesota) expressed 
serious concerns about the proposals to extend framework opening and 
closing dates stating that the proposed changes would alter the current 
distribution of duck harvest within and among Flyways. Minnesota 
commented that shifting hunting opportunity further to the south 
through a framework extension would be unacceptable to Minnesota and 
would allow a reallocation of harvest by default.
    The Wisconsin Department of Natural Resources (Wisconsin) did not 
support modification of the frameworks at this time. Wisconsin stated, 
however, that if the Service were to seriously consider changing the 
framework closing date, it must also consider changes to the framework 
opening date. Wisconsin believed that extending the framework date to 
the end of January without modifying the opening framework dates would 
only serve to widen the gap in hunting opportunities currently offered 
in the Mississippi Flyway. Wisconsin further recommended that the 
Service establish a timetable and a process to allow a thorough 
discussion of the implications of framework modification for all 
Flyways.
    Although supporting the working group's recommended packages, the 
Missouri Department of Conservation (Missouri) believed the 1996-97 
regulations provided excellent hunting opportunity and would prefer 
retaining these options rather than any additional wholesale changes in 
frameworks. Missouri was concerned that the potential biological 
impacts of

[[Page 31301]]

framework extensions had not been adequately considered and that a 
rigorous evaluation would be necessary. Missouri further believed that 
this was not a high priority for AHM at this time and questioned 
whether issues of harvest allocation should even be a part of the AHM 
process, stating that these issues were largely social, not technical.
    Several individuals from Tennessee and Louisiana expressed strong 
opposition to extending the framework closing date past January 20, 
citing concerns for the conditions of the ducks and the lack of hunting 
opportunity later in January.
    The California Waterfowl Association expressed concerns about the 
impacts of either earlier framework opening dates or later framework 
closing dates.
    Individuals in Pennsylvania and Iowa believed the season in their 
respective States closed too early.
    Individuals in California and Oregon expressed support for 
extending the hunting season.
    Service Response: In 1995, the Service established AHM framework 
opening and closing dates of the Saturday nearest October 1 to the 
Sunday nearest January 20 for the Pacific, Central, and Mississippi 
Flyways, and fixed dates of October 1 to January 20 for the Atlantic 
Flyway (60 FR 50045). In 1996, the Service denied requests for a 
January 31 closing date in Mississippi, but recognized that the 
suitability of all aspects of the regulatory alternatives, including 
framework dates, should be investigated by the AHM technical working 
group. All four Flyway Councils, in joint recommendations dated July 
28, 1996, assigned a high priority to refining the AHM regulatory 
alternatives and asked the technical working group to draft 
recommendations prior to the 1997 regulatory cycle. In the fall of 
1996, the technical working group circulated a questionnaire to all 
States seeking input regarding concerns with the current regulatory 
alternatives. Fifty-four percent of States nationwide believed the 
current framework dates of approximately October 1 to January 20 were 
satisfactory, while 32 percent believed the dates were too constrained. 
Overall, States ranked framework dates as the sixth most important 
regulatory issue, after issues involving season lengths, bag limits, 
and the number of regulatory alternatives. The Service recognizes that 
questionnaires received from Central and Mississippi Flyway States 
indicated a somewhat higher level of dissatisfaction with established 
framework dates than the national average.
    After extensive deliberation and consideration of input by States 
and Flyway Councils, the AHM technical working group recommended no 
change in framework dates from those established in 1995 (62 FR 12054). 
The Service's Migratory Bird Regulations Committee reviewed the working 
group's recommendations with the Flyway Council Regulations Consultants 
at the January 23, 1997, meeting and there were no indications that 
framework dates of approximately October 1 to January 20 would not be 
satisfactory to most States. On April 22, 1997, representatives from 
the Service met with Flyway Council Chairmen and Regulations 
Consultants to consider the Flyway Councils recommendations for the AHM 
regulatory alternatives. Representatives from the Atlantic, Central, 
and Pacific Flyway Councils, and from the Upper-Region Regulations 
Committee of the Mississippi Flyway Council, agreed that framework 
dates should not be extended beyond those currently in use for the 
1997-98 season; however, the representatives agreed the issue should be 
reviewed further by the AHM working group and all four Flyway Councils. 
Therefore, the Service has adopted the working group's recommendation 
for framework dates of approximately October 1 to January 20 for all 
AHM regulatory alternatives as its formal proposal.
    In considering requests for either earlier or later framework 
dates, such as those described above, the Service will focus on the 
following issues:
    (1) Possible changes in the size of the harvest. Experience with 
hunting seasons opening more than a few days before October 1 or 
closing similarly after January 20 is limited. Mississippi experimented 
with a January 31 closing date during 1979-84, and Iowa was permitted 
an opening date for a small portion of their regular duck season of 
approximately September 20 during 1979-87 and 1994-96 in lieu of an 
early teal season. In both States, harvests of mallards and total ducks 
were higher in years with a framework extension, relative to 
surrounding States where a framework extension was not available. If 
results from these States are representative, then proposals to extend 
framework dates in the Central and Mississippi Flyways would be 
expected to increase the harvest of midcontinent mallards by 13 percent 
(10% range of error). This increase would be in addition to the 20 
percent increase in mallard harvest expected from the proposed increase 
in season length under the ``liberal'' alternative. The Service 
predicts that adoption of the Central and Mississippi Flyway proposals 
would lead to a more conservative harvest strategy for all States, 
whether or not they could take advantage of the extended framework 
dates. The Service also predicts more frequent changes in regulations 
and more variability in population size of midcontinent mallards if the 
Central and Mississippi Flyway proposals were adopted.
    (2) Re-allocation of hunting opportunity and harvest within and 
among Flyways. Based on the survey conducted by the AHM technical 
working group, most States are satisfied with the distribution of 
hunting opportunity within and among Flyways. Nationwide, concerns 
regarding allocation of hunting opportunity among States ranked last 
among those concerns with the current AHM regulatory alternatives. 
Also, all Flyway Councils passed a joint recommendation (July 28, 1996) 
asking the Service to maintain traditional allocations of hunting 
opportunity among Flyways when considering changes to the AHM 
regulatory alternatives. The Service agrees with the Flyway Councils 
that resolving outstanding disputes over allocation will require 
development of an appropriate framework for discussion and that 
progress is unlikely prior to the 1997 hunting season. (3) The 
potential for negative physiological impacts on ducks.
    The Service reiterates its long-standing concerns that hunting 
disturbance in late winter may interfere with pair-bonding and inhibit 
nutrient acquisition necessary for successful migration and 
reproduction (61 FR 50664). Information from a recent study of late-
winter mate loss among captive-reared mallards by Mississippi State 
University has not alleviated these concerns because these preliminary 
study results cannot necessarily be applied to free-ranging mallards or 
other species.

    The Service does not wish to prejudge a discussion about allocation 
of duck hunting opportunity, but is confused about public comments that 
hunters in the southern Mississippi Flyway are not afforded the same 
hunting opportunities as their northern counterparts. States of the 
southern Mississippi Flyway collectively enjoy hunter success (as 
measured by seasonal duck harvest per hunter) that is higher than that 
in any region of the country. Moreover, hunter success in the 
Mississippi Flyway is about twice as high in southern States as in 
northern and mid-latitude States, and this discrepancy has been 
increasing steadily over time. The State of Mississippi has the fourth 
highest

[[Page 31302]]

hunter success in the country, after Louisiana, California, and 
Arkansas.
    In summary, the Service is not proposing at this time to extend 
framework dates beyond those currently in use. However, the Service 
seeks further clarification from the Flyway Councils, States, and the 
public regarding the relative importance of this issue and requests 
comments concerning the three issues described above. The Service 
believes strongly that potential changes to framework dates must be 
approached in a methodical and comprehensive manner, and with due 
consideration of both biological and sociological impacts.

C. Season Length

    Council Recommendations: The Pacific Flyway Council recommended the 
``restrictive'' regulatory package for their Flyway be modified from 59 
days to 60 days.

    Written Comments: The Alabama Department of Conservation and 
Natural Resources recommended the ``very restrictive'' alternative be 
23 days rather than 20 days to allow for 4 full weekends of hunting.
    The California Waterfowl Association supported the addition of 1 
day to the ``restrictive'' alternative in the Pacific Flyway.
    Several individuals from Minnesota opposed increases in the season 
length under the ``liberal'' alternative, arguing that it would only 
benefit the southern States in the Mississippi Flyway.
    An individual from Louisiana believed that seasons should be 
lengthened by 5 to 10 days.
    Individuals from Kansas and Washington believed that season lengths 
should be extended as opposed to additional birds in the daily bag 
limit.
    An individual from Oregon believed that season lengths did not need 
to be any longer.
    An individual from Oregon expressed support for lengthening the 
seasons.
    Service Response: The Service agrees with the Pacific Flyway 
Council's recommendation to modify the ``restrictive'' alternative to 
60 days rather than 59 days in the Pacific Flyway. This modification 
would allow those States opting to split their seasons into 2 segments 
to open on a Saturday and close on a Sunday in each segment as has been 
traditional in the Pacific Flyway. The Service notes that this option 
becomes increasingly important to States as season length decreases and 
would not be a primary consideration under more liberal seasons.

E. Bag Limits

    Council Recommendations: The Mississippi, Central, and Pacific 
Flyway Councils endorsed the AHM working group's recommendations for 
total duck bag limits. The Atlantic Flyway Council recommended a 
uniform total duck bag limit of 4 in all Atlantic Flyway regulatory 
packages to minimize the frequency of changes.
    All Flyway Councils supported the basic mallard daily bag limits as 
recommended by the working group in each of the regulatory packages. 
However, the Atlantic and Pacific Flyway Councils recommended 
modifications to the hen mallard daily bag limit in the ``liberal'' 
package. The Atlantic Flyway Council recommended that there be no hen 
mallard restrictions and the Pacific Flyway Council recommended a daily 
bag limit of 3 hen mallards instead of 2.
    Written Comments: The South Carolina Department of Natural 
Resources recommended the Service adopt the 6-bird daily bag limit 
recommended by the working group and retain hen mallard restrictions 
outlined in the ``liberal'' regulations package.
    The California Waterfowl Association supported the working group's 
recommendation of adding a second hen mallard to the daily bag limits 
under the ``moderate'' and ``liberal'' alternatives. They further 
recommended adding a third hen mallard under the Pacific Flyway's 
``liberal'' alternative.
    The Save Hens Alliance did not support an increase in the hen 
mallard daily bag limit, indicating that hen restrictions have had a 
positive effect on yearly breeding stocks. They further pointed out 
that a high percentage of hens surviving until the last few weeks of 
the season could be expected to return to breeding areas. As an 
alternative, they recommended that an extra drake mallard be added to 
the mallard daily bag limit.
    The Great Outdoors, L.L.C., urged the Service to not tease the 
dedicated duck hunter with regulations that are not sustainable. They 
stated that the rebound in duck populations is due to a reversal in 
weather patterns, habitat improvements like the Conservation Reserve 
Program, and restrictions on season length and bag limits. They further 
pointed out that hunters are not requesting these liberalizations in 
seasons and believed that liberalizations in the shooting of hens was 
not ethical. They also believed that the increased use of zone/split 
seasons by States has increased the potential for higher harvests. 
Finally, they encouraged the Service to exercise common sense, 
restraint, and ethics, which are the foundations upon which 
sportsmanship is based.
    Several individuals from Louisiana preferred additional birds in 
the daily bag limit rather than additional days of season length.
    Several individuals from Louisiana and individuals from Kansas, 
Minnesota, and California supported the working group's recommendation 
of additional days in the ``moderate'' and ``liberal'' alternatives, 
but recommended daily bag limits of no more than 5 birds.
    Several individuals from Oregon and Louisiana believed that current 
bag limits provided plenty of hunter opportunity.
    Several individuals from Louisiana recommended a daily bag limit of 
1 hen mallard under the ``liberal'' alternative rather than the working 
group's recommendation of 2, while another individual supported any 
increase in the overall daily bag limit.
    An individual from California expressed support for no internal 
bag-limit restrictions, while an individual from Oregon recommended 
holding bag limits at the ``restrictive'' alternative level.
    Service Response: As indicated above, the Service concurs with the 
recommendations for regulatory packages drafted by the AHM working 
group. The Service supports the Atlantic Flyway Council's request to 
have more restrictive bag limits of 4 rather than 6 in the ``moderate'' 
and ``liberal'' packages, but does not support having a 4-bird daily 
bag limit instead of 3 in the ``restrictive'' and ``very restrictive'' 
packages. Maintaining a 4-bird daily bag limit during restrictive 
seasons has the potential to increase harvests at a time when attempts 
are being made to reduce harvest.
    Regarding mallard hen restrictions, the Service does not support 
the changes in hen restrictions recommended by the Atlantic and Pacific 
Flyway Councils. Although the role of sex-specific bag limits in 
regulating mallard harvests, total mortality, and recruitment is 
uncertain, sex-specific bag limits for mallards have been used since 
the early 1970's. Lower female (relative to male) bag limits (hen 
restrictions) have been used during 1972-96 in the Central Flyway, 
since 1976 in the Mississippi Flyway, and beginning in 1985 in the 
Atlantic and Pacific Flyways. These differential regulations were 
intended to direct harvest pressure away from females and thus increase 
annual survival of females relative to males in the population.
    Recent analysis of the effects of mallard hen restrictions have 
shown

[[Page 31303]]

these restrictions to have been effective in increasing the harvest of 
males relative to females. However, the effects of changes in female 
mallard bag limits on overall mallard population status and on species 
that are similar in appearance to mallards are unknown.
    The Service supports the AHM working group's recommendation of a 
moderate increase in the female mallard bag limits in the ``moderate'' 
and ``liberal'' alternatives, but does not support the larger increases 
recommended by the Atlantic and Pacific Flyway Councils. The Service 
continues to support the use of regulations for mallards that emphasize 
protection of females while allowing optimum recreational opportunity 
on males. Therefore, the Service believes that it would be premature to 
remove hen restrictions without further investigation of the potential 
biological and social consequences of such changes. Further, the 
Service is concerned about the potential of synergistic effects of 
removing hen restrictions on the harvest of similar appearing species 
like mottled or black ducks.

F. Zones and Split Seasons

    Council Recommendations: The Upper-Region Regulations Committee of 
the Mississippi Flyway Council recommended the Service allow ``3 zones 
and 2-way splits in one or more zones'' as an additional option to the 
current zoning process. The Committee also requested that the Service 
allow States up to 1 year to choose this option, based on the public-
input process States undertake, before they provide the Service with 
their proposal (prior to the 1998-99 regular-duck season).

    Written Comments: The Louisiana Wildlife Federation urged the 
Service to consider allowing Louisiana to split into north and south 
zones for duck hunting.

G. Special Seasons/Species Management

    i. Canvasback

    Council Recommendations: The Upper-Region Regulations Committee of 
the Mississippi Flyway Council recommended the Service continue its use 
of the Office of Migratory Bird Management's January 1994 ``Draft--
Canvasback Harvest Management: An Interim Strategy'' to guide the 1997-
98 regulatory decisions on canvasback.

    ii. Pintails

    Council Recommendations: The Atlantic Flyway Council, the Upper-
Region Regulations Committee of the Mississippi Flyway Council, and the 
Central Flyway Council did not endorse the Pacific Flyway Council's 
``Proposed Interim Strategy for Northern Pintail Harvest Regulations'' 
as circulated for Councils' review in February of this year.
    The Central Flyway Council recommended an interim, prescriptive 
method for determining pintail daily bag limits based on the breeding 
population size. The pintail limit would be 1 with a 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 adoption of a revised 
``Proposed Interim Harvest Strategy.'' The Council's revised interim 
strategy included several modifications intended to address the 
concerns expressed by the other Flyway Councils and by the Service 
technical review. The revised interim strategy was presented to the 
Service and the other three Flyways at the April 22, 1997, AHM meeting 
in Arlington, VA.
    The revised strategy is based on a mathematical model of the 
continental pintail population, which assumes that:

    (1) the size of the continental population can be effectively 
monitored through spring surveys in the northcentral U.S., Central 
Canada, and Alaska,
    (2) mortality due to hunting is additive to natural mortality,
    (3) harvest in Canada and Alaska is relatively constant from one 
year to the next,
    (4) crippling loss is constant and proportional to the size of 
the retrieved harvest,
    (5) recruitment of young birds can be reasonably predicted based 
on the distribution of breeding pintails, and
    (6) harvest of pintails can be reasonably predicted based on the 
length of the season and pintail bag limit in each Flyway.

    The model predicts allowable harvest of pintails in the lower 48 
States based on the current size of the pintail breeding population, 
anticipated recruitment, anticipated natural mortality, anticipated 
mortality due to hunting, and the desired size of the population in the 
following spring.
    Written Comments: The California Waterfowl Association urged 
adoption of a pintail interim AHM model for determining alternative 
daily bag limits for the 1997-98 hunting season.
    An individual from Louisiana recommended a daily bag limit of 2 
pintails, only 1 of which could be a hen, under the ``liberal'' 
alternative.
    An individual from Oregon was concerned about potential increases 
in pintail harvest given the population status of pintails.
    An individual in Louisiana believed that the pintail season should 
be closed since the population had not recovered despite good breeding 
conditions.
    Service Response: The Service remains concerned about the overall 
status of the continental population of northern pintails. The breeding 
population of northern pintails was an estimated 2,735,900 in 1996, 
which was 38 percent below the 1955-95 average and more than 50 percent 
below the population objective established in the North American 
Waterfowl Management Plan.
    The Service recognizes the value of developing a strategy for 
determining pintail hunting regulations that is technically sound and 
explicitly promotes growth of the pintail population. The Service 
believes that ultimately pintail hunting regulations should be guided 
by a formal AHM process. This year, a cooperative effort began to 
develop the needed technical foundation for a more formal incorporation 
of pintails into the AHM process. The Service recognizes and greatly 
appreciates the support for this effort provided by the Flyway Councils 
and participating non-governmental organizations. However, since it 
likely will require about three more years to complete the development 
and implementation of this new process, the Service believes there is 
merit in adopting an interim prescriptive strategy for the management 
of pintail harvest until the species can be fully addressed by the AHM 
process.
    In the July 22, 1996, Federal Register (61 FR 37994), the Service 
indicated that the adoption of any interim strategy would be dependent 
on how the strategy addressed three key concerns: (1) explicit harvest-
management objectives, (2) comprehensive model development for 
continental pintails, and (3) a consideration of the regulatory 
constraints imposed by the adaptive harvest strategy for mid-continent 
mallards. We believe that the strategy recommended by the Pacific 
Flyway Council more satisfactorily addresses these elements than does 
the strategy recommended by the Central Flyway. Therefore, the Service 
proposes to adopt the revised interim harvest strategy proposed by the 
Pacific Flyway Council, with the following modifications: (1) the 
maximum pintail daily bag limit under any regulatory alternative in any 
Flyway would be limited to 3 pintails, and (2) that this interim 
strategy will be replaced by a more fully adaptive approach at the 
earliest opportunity. Further, we believe the interim pintail harvest 
strategy should be thoroughly reviewed in about 3 years, regardless of

[[Page 31304]]

whether a more adaptive approach is available at that time.
    The technical details of the Pacific Flyway Proposal are available 
by writing directly to MBMO at the address indicated under the caption 
ADDRESSES.
    iii. September Teal Seasons

    Council Recommendations: The Lower-Region Regulations Committee of 
the Mississippi Flyway Council recommended the continuance of the 
experimental September teal/wood duck seasons in Kentucky and Tennessee 
for the 1997-98 season with no change from the 1996-97 season 
frameworks.
    The Central Flyway Council recommended a 3-year experimental teal 
harvest strategy in the Central Flyway based on the breeding population 
of blue-winged teal. When the 3-year running average breeding 
population of blue-winged teal is 4.7 million or greater, the Council's 
recommended harvest strategy would consist of two changes to the 
current September teal season frameworks. First, in those Central 
Flyway States currently allowed a September teal season, an additional 
7 days of hunting (for a total of 16 days) and 1 additional teal (for a 
total of 5 teal) would be allowed. Second, for Central Flyway 
production States, the recommended harvest strategy would provide for a 
season of up to 7 days, beginning no earlier than September 20, and a 
daily bag limit of 4 ducks, 3 of which must be teal. The Council 
further recommended that the Service work with the States to 
cooperatively develop an experimental design and criteria to adequately 
evaluate the proposed expansion of teal harvest.
    iv. September Duck Seasons

    Council Recommendations: The Upper-Region Regulations Committee of 
the Mississippi Flyway Council recommended that Iowa be allowed to open 
the second segment of their split duck season no earlier than October 
10, instead of October 15.

    v. High Plains Mallard Management Unit

    Council Recommendations: The Central Flyway Council recommended 
minor administrative changes to the High Plains Mallard Management Unit 
boundary in North Dakota and South Dakota for boundary clarification 
and wetland development.

    vi. Youth Hunt

    Council Recommendations: The Atlantic Flyway Council recommended 
the continuance of the youth waterfowl hunt day and requested the 
Service announce their intent in June. The Council further recommended 
that ducks, coots, mergansers, moorhens, brant and snow geese be open 
to harvest on the special day and requested clarification of whether 
youth may participate in other open migratory bird hunting seasons on 
that day.
    The Upper-Region Regulations Committee of the Mississippi Flyway 
Council recommended that youth waterfowl hunt day bag limits be the 
same as the regular-season bag limits and include ducks, geese, and 
coots, with framework dates 14 days outside the regular duck-season 
framework dates instead of 10.
    The Lower-Region Regulations Committee of the Mississippi Flyway 
Council recommended the inclusion of geese and coots in a 2-day youth 
waterfowl hunting season, with framework dates 14 days outside of the 
regular duck-season framework dates instead of 10.
    The Pacific Flyway Council recommended the continuation of the 
youth hunt allowing States to select outside the general season and 
frameworks.

4. Canada Geese

A. Special Seasons

    Council Recommendations: The Atlantic Flyway Council recommended a 
3-year experimental September Canada goose season in New Jersey with a 
framework closing date of the first Saturday in October.
    The Atlantic Flyway Council recommended an experimental framework 
closing date of October 5 for the Long Island, New York, 1997 September 
Canada Goose Season.
    The Pacific Flyway Council recommended expansion of the Washington 
September Canada goose hunt zone to include all of Washington for 7 
consecutive days. The Council also recommended the establishment of a 
new 9-day season, with a 2-bird daily bag and possession limit, in 
Humboldt County, California. Harvest of up to 200 birds would be 
controlled through a regulated permit system.

B. Regular Seasons

    Council Recommendations: The Upper-Region Regulations Committee of 
the Mississippi Flyway Council recommended Iowa be allowed to open its 
regular Canada goose season on September 27, 1997, rather than on the 
Saturday nearest October 1 (October 4, 1997).

7. Snow and Ross's (Light) Geese

    Council Recommendations: The Lower-Region Regulations Committee of 
the Mississippi Flyway Council recommended the Service follow the 
regulatory changes for snow goose harvest endorsed by the Arctic Goose 
Joint Venture Management Board.
    The Central Flyway Council recommended the Service extend light 
goose hunting in the Rainwater Basin region of Nebraska to March 10.

9. Sandhill Cranes

    Council Recommendations: The Central Flyway and Pacific Flyway 
Councils recommended that in Montana, sandhill cranes in Wheatland 
County and that portion of Sweet Grass County north of I-90 be 
delineated as Rocky Mountain Population sandhill cranes. Thus, 
management of these cranes, including harvest, would be guided by the 
Rocky Mountain Population Sandhill Crane Management Plan, rather than 
the Mid-Continent Population Sandhill Crane Management Plan.

17. White-Winged and White-Tipped Doves

    Council Recommendations: The Central Flyway Council recommended 
removing the restriction of no more than 6 white-winged doves in the 
aggregate daily bag limit during the regular mourning dove season in 
Texas.

18. Alaska

    Council Recommendations: The Pacific Flyway Council recommended an 
experimental tundra swan season in the Kotzebue Sound region of 
Alaska's GMU 23, which would be consistent with the Pacific Flyway 
Management Plan's harvest and permit guidelines for Western Population 
of [Tundra] swans, and current guidelines for conductive experimental 
seasons (3-year evaluation). The recommended season framework would be 
September 1 - October 31 with a 3-swan per season limit (by sequential 
permit) and a maximum of 300 permits in the GMU.
    The Pacific Flyway Council recommended an increase in Alaska's dark 
goose daily bag and possession limit from 4 and 8 to 6 and 12, 
respectively in GMU 9(D) and the Unimak Island portion of Unit 10.
    The Pacific Flyway Council recommended an increase in Alaska's 
falconry bag limits to 6 daily and 12 in possession for migratory birds 
in the aggregate. Restrictive species limits would not be applied.

22. Falconry

    Written Comments: The North American Falconers Association urged 
the Service to examine all possible means by which falconers might be 
afforded safe access to the expanding

[[Page 31305]]

hunting potential reflected in the AHM working group's recommended 
alternatives. In particular, they were concerned that the potential 
``liberal'' alternative (i.e., 107-day season) under consideration in 
the Pacific Flyway allows no opportunity for special falconry seasons 
under current regulations. Further, they can envision other similar 
season expansions in other Flyways.
    Service Response: Under the Migratory Bird Treaty (1916), sport 
hunting seasons are set at a maximum of 107 days. However, most regular 
hunting seasons are much shorter than that permitted by the Treaty. 
Thus, the Service has utilized special ``extended'' falconry seasons 
which allow falconers the opportunity to hunt when gun hunters are not 
afield. The Service recognizes that as some regular hunting seasons 
become longer due to increases in certain migratory bird populations 
and overall decreasing hunter numbers, seasons approach, and in some 
cases, meet, the Treaty's mandated 107-day season limit. While the 
Service also recognizes the special concerns of falconers relative to 
the safety of their birds, we do not believe the provisions of the 
Treaty allow for any latitude regarding sport season length and methods 
of take.

23. Other

A. Compensatory Days

    Council Recommendations: The Atlantic Flyway Council requested the 
Service grant compensatory days for States in their Flyway that are 
closed to waterfowl hunting statewide on Sunday by State law. The 
Council's requested compensatory days would apply to waterfowl seasons 
only and not to other migratory game birds. The compensatory request 
includes the States of Connecticut, Delaware, Maine, Maryland, 
Massachusetts, New Jersey, North Carolina, Pennsylvania, Virginia, and 
West Virginia.

Public Comment Invited

    The Service intends that adopted final rules be as responsive as 
possible to all concerned interests, and therefore desires to obtain 
the comments and suggestions of the public, other concerned 
governmental agencies, non-governmental organizations, and other 
private interests on these proposals. Such comments, and any additional 
information received, may lead to final regulations that differ from 
these proposals.
    Special circumstances are involved in the establishment of these 
regulations which limit the amount of time that 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 
that to allow comment periods past the dates specified is contrary to 
the public interest.

Comment Procedure

    The policy of the Department of the Interior, whenever practical, 
affords the public an opportunity to participate in the rulemaking 
process. Accordingly, interested persons may participate by submitting 
written comments to the Chief, Office of Migratory Bird Management, 
U.S. Fish and Wildlife Service, Department of the Interior, ms 634--
ARLSQ, 1849 C Street, NW., Washington, DC 20240. The public may inspect 
comments during normal business hours at the Service's office in room 
634, Arlington Square Building, 4401 N. Fairfax Drive, Arlington, 
Virginia. The Service will consider all relevant comments received. The 
Service will attempt to acknowledge received comments, but substantive 
response to individual comments may not be provided.

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, hunting regulations are designed, among other 
things, to remove or alleviate chances of conflict between seasons for 
migratory game birds 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. It is possible that the findings from the consultations, which 
will be included in a biological opinion, 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 consultation under Section 7 are public 
documents and are available for public inspection in the Division of 
Endangered Species and the Office of Migratory Bird Management, U.S. 
Fish and Wildlife Service, Arlington Square Building, 4401 N. Fairfax 
Drive, Arlington, Virginia.

Regulatory Flexibility Act; Executive Order (E.O.) 12866 and the 
Paperwork Reduction Act

    In the Federal Register dated March 13, 1997, the Service reported 
measures it had undertaken to comply with requirements of the 
Regulatory Flexibility Act and the Executive Order. These included 
preparing a Small Entity Flexibility Analysis (Analysis) in 1996 to 
document the significant beneficial economic effect on a substantial 
number of small entities. The Analysis estimated that migratory bird 
hunters would spend between $254 and $592 million at small businesses 
in 1996. 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 1997-98 
hunting season are authorized under 16 U.S.C. 703-712 and 16 U.S.C. 742 
a-j.

    Dated: May 30, 1997.
Donald J. Barry,
Assistant Secretary for Fish and Wildlife and Parks.

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