[Federal Register Volume 62, Number 141 (Wednesday, July 23, 1997)]
[Proposed Rules]
[Pages 39712-39736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19397]



[[Page 39711]]

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Part IV





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 20



Migratory Bird Hunting; Proposed Rule

  Federal Register / Vol. 62, No. 141 / Wednesday, July 23, 1997 / 
Proposed Rules  

[[Page 39712]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AE14


Migratory Bird Hunting; Proposed Frameworks for Early-Season 
Migratory Bird Hunting Regulations and Final Regulatory Alternatives 
for the 1997-98 Duck Hunting Season

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 1997-98 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 1997-98 duck hunting season.

DATES: The comment period for proposed early-season frameworks will end 
on August 5, 1997; and for late-season proposals on September 4, 1997. 
The Service will hold a public hearing on late-season regulations 
August 7, 1997, starting at 9 a.m.

ADDRESSES: The Service will hold a public hearing August 7 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 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. On June 6, 1997, the Service published in the 
Federal Register (62 FR 31298) a second document providing supplemental 
proposals for early- and late-season migratory bird hunting regulations 
frameworks and the proposed regulatory alternatives for the 1997-98 
duck hunting season. The June 6 supplement also provided detailed 
information on the 1997-98 regulatory schedule and announced the 
Service Migratory Bird Regulations Committee and Flyway Council 
meetings.
    This document is the third 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 and the final regulatory alternatives for the 1997-98 duck 
hunting season. It will lead to final frameworks from which States may 
select season dates, shooting hours, and daily bag and possession 
limits for the 1997-98 season. The Service has considered all pertinent 
comments received through July 8, 1997, 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 20, 1997.
    This supplemental proposed rulemaking consolidates further changes 
in the original framework proposals published in the March 13 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. John Bruggink, Eastern Shore and Upland Game Bird Specialist, 
reported on the 1997 status of the American woodcock. The 1996 
recruitment index for the Eastern Region (1.3 immatures per adult 
female) was 24 percent below the long-term regional average; the 
recruitment index for the Central Region (1.3 immatures per adult 
female) also was 24 percent below the long-term regional average. No 
changes (P0.1) from 1996 levels were detected in the number 
of woodcock displaying during the 1997 Singing-ground Survey. Trends 
from the Singing-ground Survey during 1987-97 were negative (-3.6 and -
4.4 percent per year for the Eastern and Central regions, respectively; 
P<0.01). There were long-term (1968-97) declines (P<0.01) of 2.5 
percent per year in the Eastern Region and 1.7 percent per year in the 
Central Region.
    Dr. Graham W. Smith, Chief, Population and Habitat Assessment 
Section, presented information on 1997 habitat conditions for 
waterfowl, preliminary estimates of duck abundance, and harvests during 
the 1996 September special teal seasons. Weather conditions throughout 
the north central U.S. and most of Canada were cool and moist this 
spring. Palmer Drought Indices for May 1997 in the north central U.S. 
and the portions of the prairie provinces of Canada indicated moderate 
to extreme wetness, similar to conditions in May 1996. The pond 
estimate for the north central U.S. and prairie Canada was 7.6 million, 
nearly identical to the estimate for last year. This year's pond count 
was the third highest recorded, and was 56 percent above the long-term 
average. Throughout most of the survey area, habitat conditions for 
nesting waterfowl were good to excellent. There were 2.4 million ponds 
in the north central U.S. this spring, a figure similar to that of last 
year but 71 percent above the long-term average. Habitat conditions 
were good to excellent in much of prairie Canada. Water was abundant, 
and flooded basins and vegetation around pond margins in some areas. 
Nevertheless, most areas had sufficient cover for nesting birds. 
Overall, the pond estimate for prairie Canada was 5.1 million, the 
third highest recorded and 48 percent above the long-term average. In 
more northern areas, habitat conditions were ideal for nesting ducks. 
Generally, water levels in lakes and other impoundments were above 
average, and cover was abundant around their margins. In Alaska, the 
breakup of ice generally was earlier than normal. However, breakup on 
the North Slope was later than average. Generally, conditions in Alaska 
were favorable for waterfowl. In the eastern survey area, weather in 
May was wet and cool. Snow persisted into late May and early June in 
some areas, and spring-like conditions were delayed by about 2

[[Page 39713]]

weeks. Above-average runoff inundated many habitats, and caused birds 
to settle in sites less suitable for successful nesting.
    This year the preliminary estimate of total ducks was a record high 
at 42.6 million birds. Populations of mallard, gadwall, American 
wigeon, northern shoveler, and northern pintail increased relative to 
last year. Numbers of green- and blue-winged teal, redhead, canvasback, 
and scaup were similar to those of last year. Of these species, all but 
northern pintail and scaup are above long-term averages. The 
preliminary estimate of the size of the blue-winged teal population 
this spring is 6.1 million birds, compared to 6.4 million last year.
    The 1997 estimate is the second highest recorded, and is 44 percent 
above the long-term average. The 1996 September teal season in the 
Mississippi and Central Flyways resulted in the harvest of about 
430,000 blue-winged teal, the second consecutive year of record-high 
harvest for the teal season. The harvest estimate is about 150,000 
birds higher than during the 1970's and early 1980's, a period with 
teal seasons and relatively liberal hunting regulations. However, band-
recovery information suggests that harvest rates of blue-winged teal 
during 1996-97 were similar to or lower than those which occurred 
during the 1970's and early 1980's.
    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 
1980's. The Central Platte River Valley 1997 preliminary spring index, 
uncorrected for visibility, was 357,248. This index is 12 percent 
higher than 1996's index of 318,514. The photo-corrected 3-year average 
for the 1994-96 period was 441,127, which was also 12 percent above 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 1996-97; about 21,300 Federal 
permits were issued and approximately 7,300 permittees hunted one or 
more times. The number of permittees and active hunters were similar to 
the previous year's seasons. About 17,030 cranes were harvested in 
1996-97, a 17 percent decrease from the previous year's record high 
estimate. Harvests from Alaska, Canada and Mexico are estimated to be 
less than 10,000 for 1996-97 sport-hunting seasons. The total North 
American sport harvest was estimated to be about 29,808. The fall pre-
migration survey for the Rocky Mountain Population was 16,938, which is 
6 percent larger than the 1995 estimate. Limited special seasons were 
held during 1996 in portions of Arizona, Idaho, Montana, New Mexico, 
Utah, and Wyoming, and resulted in an estimated harvest of 448 cranes.
    Mr. James R. Kelley, Jr., 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 resulted in lowered recruitment 
rates. The January 1995 population index revealed approximately 8,500 
geese. Unfortunately, no survey was conducted in January 1996. In 1997, 
new methodologies were utilized to develop an index to this population. 
The index from the new method indicated 11,200 geese in January 1997. 
It should be noted that the 1995 and 1997 estimates are not directly 
comparable due to differences in methodologies. The Service remains 
concerned about the continued poor status of this population. The 
December 1996 survey of Cackling Canada geese could not be completed 
due to weather and logistical problems. However, this population grew 
at a rate of approximately 14 percent per year during 1986-95. 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 decreased 19 percent from 1996 to a level of 
91,700 geese. The December 1996 composite index of Great Plains and 
Western Prairie Populations of Canada geese in the Central Flyway was 
453,400 birds, which represents a 12 percent increase from 1995. 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 levels. The 
situation is similar in the northeastern U.S., where the ``resident'' 
goose population has more than doubled since 1989 to nearly 933,000 
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 declined from 118,000 in 1988 
to only 29,000 in 1995. In 1996 the number of breeding pairs increased 
58 percent to a level of 46,000. The Service recognizes the challenge 
facing management agencies which are striving to increase migrant 
populations, while simultaneously attempting to control resident 
populations.
    Mr. David Dolton, Western Shore and Upland Game Bird Biologist, 
presented the mourning dove population status. The report summarized 
call-count information gathered over the past 32 years. Trends were 
calculated for the most recent 2 and 10-year intervals and for the 
entire 32-year period. Between 1996 and 1997, the average number of 
doves heard per route declined in the Eastern Management Unit and 
increased in the Central Unit. No change was evident in the Western 
Management Unit. Over the most recent 10 years, significant downward 
trends were found in dove populations in the Eastern and Central Units. 
No trend was indicated for the Western Unit. Over the entire 32-year 
period, a significant downward trend was found in the Central and 
Western Units while no trend was indicated in the Eastern Unit.
    Mr. Dolton also presented the status of white-winged doves. In 
Arizona, the 1997 call-count index of 31.0 doves heard per route was 
essentially the same as the index of 31.1 doves per route in 1996. In 
the Lower Rio Grande Valley of Texas, the total number of whitewings 
estimated to be breeding in Cameron, Willacy, Hidalgo, and Starr 
counties was about 389,000. This is about the same as the 1996 estimate 
of 392,000. Additionally, about 24,000 whitewings were estimated to be 
nesting in West Texas, 67,000 in the Lake Corpus Christi area, and 
635,000 nesting throughout a 13-county area in Upper South Texas. 
Whitewings are continuing to increase in density and distribution. For 
example, in San Antonio, whitewing numbers have gone from 174,000 in 
1989 to 271,000 in 1997. The remainder of South Texas has increased 
from 95,000 in 1989 to 364,000 in 1997. New sightings of whitewings 
have been reported during the past year in Wichita Falls and Amarillo. 
Last year, whitewings were 60 miles south of Wichita Falls and about 
100 miles south of Amarillo.

[[Page 39714]]

    Next, Mr. Dolton reported on white-tipped doves in Texas. In 1997, 
an average of 0.61 whitetips were heard per stop on 348 rural brush 
locations. This is 28 percent below that recorded in 1996.
    Last, Mr. Dolton presented information on band-tailed pigeons. For 
the Coastal Population, the Breeding Bird Survey indicated that there 
was a significant decline between 1968 and 1996. There has also been a 
significant decline over the most recent 10-year period, 1986-96. Late 
August mineral spring counts conducted in Oregon at 10 selected sites 
indicated that the pigeon population decreased 1 percent between 1995 
and 1996 from 9,753 to 8,874. Washington's call-count survey showed a 
nonsignificant increase of 36 percent between 1995 and 1996. A 
nonsignificant decline is evident in the population from 1975-96. 
However, there has been a significant increase over the most recent 5 
years, 1992-96. Bag limits and season lengths continue to be 
restricted. In Oregon, the 1995 harvest estimate was 2,100 birds while, 
in California, it was 18,300. For the Interior Population, Breeding 
Bird Survey data indicated a stable population between 1968 and 1996 
with no trend being evident. The same was true for the most recent 10-
year period. The combined harvest for the Four-corners States in 1996 
was 723 birds. This was less than the 1,600 taken in 1995 and well 
below the harvest in earlier years which ranged up to 6,000 birds.

Comments Received at Public Hearing

    Bill Goudy, representing the Ruffed Grouse Society, commented that 
the Service's recommendation regarding woodcock was disturbing because 
of the potential loss of hunting opportunity. He believed that the data 
used to make the decision were flawed, therefore any decision based on 
these data was also flawed. He further commented that the proposed 
reduction in the daily bag limit was not a serious concern for most 
hunters, but that States such as Minnesota and Michigan will be 
concerned about the framework opening date. He urged the Service to 
consider allowing States the use of zoning to lessen the impact 
associated with the proposed reduction in days.
    Charles Kelley, Director of the Game and Fish Division of the 
Alabama Department of Conservation and Natural Resources, commended the 
Service for the implementation of a youth waterfowl hunting day. He 
further asked that the Service work with the States to address the 
woodcock habitat problem.

Written Comments Received

    The preliminary proposed rulemaking, which appeared in the March 13 
Federal Register, opened the public comment period for migratory game 
bird hunting regulations. The supplemental proposed rule, which 
appeared in the June 6 Federal Register, defined the public comment 
period for the Service's proposed regulatory alternatives for the 1997-
98 duck hunting season. The public comment period for the proposed 
alternatives ended July 3, 1997. Early-season comments and comments 
pertaining to the proposed regulatory alternatives are summarized below 
and numbered in the order used in the March 13 Federal Register. Only 
the numbered items pertaining to early seasons items and the proposed 
regulatory alternatives 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.

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

    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

    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). On June 6, 1997, the Service published the 
proposed regulatory alternatives for the 1997-98 duck hunting season 
(62 FR 31298). Significant proposed changes from the alternatives 
utilized in 1996-97 included: (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. Modifications recommended by the Councils were identified and 
discussed in the June 6, 1997, Federal Register. The recommendations 
are reiterated below and modified where necessary based on subsequent 
comments received from the Flyway Councils.
    The Atlantic Flyway Council originally 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). In a subsequent letter, the Council 
expressed preference for the AHM working group's originally recommended 
overall daily bag limits (with the exception of hen mallard 
restrictions) over those proposed by the Service in the June 6 Federal 
Register. The Council considers the 1997-98 alternatives as interim 
pending the final development and experimentation with population 
models for eastern mallards. However, the Council was not opposed to 
holding these alternatives constant for a period of years once a 
satisfactory set of alternatives is developed for the Flyway.
    The Upper- and Lower-Region Regulations Committees of the 
Mississippi Flyway Council endorsed the regulatory alternatives for the 
Mississippi Flyway for the 1997-98 season, with the Lower-Region 
Regulations Committee also recommending an experimental later framework 
closing date (see further discussion in B. Framework Dates).
    The Central Flyway Council endorsed the regulatory alternatives 
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

[[Page 39715]]

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).

    Public-Hearing Comments: Mr. Robert McDowell, representing the 
Atlantic Flyway Council, conveyed the Flyway's commitment to Adaptive 
Harvest Management and endorsed the Service's regulatory packages for 
1997. However, he asked that the packages for the Atlantic Flyway be 
considered interim until the completion of eastern mallard models in 
1998. Further, he asked that the Service consider dropping the hen 
restriction on mallards for the liberal package since there is no 
historical precedent in the Atlantic Flyway and no biological data to 
suggest that there would be any negative impacts to the mallard 
population.

    Written Comments: The New Jersey Division of Fish, Game and 
Wildlife (New Jersey) endorsed the Service's proposed alternatives for 
the 1997-98 season with the total daily bag limits (with the exception 
of hen mallard restrictions) originally recommended by the AHM working 
group. New Jersey considers the 1997-98 alternatives as interim pending 
the final development and experimentation with population models for 
eastern mallards. However, New Jersey was not opposed to holding these 
alternatives constant for a period of years once a satisfactory set for 
the Flyway is agreed upon.
    The Minnesota Department of Natural Resources (Minnesota) and the 
Wisconsin Department of Natural Resources supported the alternatives 
proposed by the AHM technical working group. Minnesota's support of the 
alternatives is based on their firm support of the AHM process, which 
should bring more science, better decisions and less politics into the 
regulations-setting process, although they believe that the proposed 
``liberal'' alternative 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. Missouri believes that State and region-specific proposals 
generated outside the AHM process jeopardize these improvements in the 
decision-making process. In a subsequent comment, Missouri expressed 
belief that the Service's June 6 Federal Register was a balance among 
State and Flyway preferences and that no set of regulatory alternatives 
would provide the degree of resource protection desired by some or the 
amount of hunting opportunity preferred by others. They further hoped 
that the Service and the Flyways could continue to address the priority 
needs for AHM without allowing distractions such as frameworks, zones/
split seasons and special seasons to stall progress.
    The South Carolina Department of Natural Resources supported the 
AHM working group's recommended alternatives.
    The Texas Parks and Wildlife Department (Texas) requested that the 
Service extend the comment period on the regulatory alternatives to 
allow the four Flyway Councils time to meet and reflect on the proposed 
options, as well as discuss their respective interests in future AHM 
priorities. Texas believes that the guidance and support from the 
Central Flyway Council to the Service will improve when the Council has 
the opportunity to meet again and review the options.
    The Indiana Department of Natural Resources affirmed their approval 
of the proposed alternatives for the 1997-98 season. They believed that 
the alternatives were biologically sound and should aid in providing a 
better understanding of the impacts of regulations on harvest. They 
further felt that any changes to the alternatives that could affect the 
predictive capability of the models would not be in the best interest 
of the AHM process at this time.
    Governor Kirk Fordice of Mississippi supported the recommendations 
of the Lower-Region Regulations Committee of the Mississippi Flyway 
Council. He further supported the ``liberal'' alternative's days and 
bag limit but was concerned that the alternative offered little 
additional benefits to extreme northern States and extreme southern 
States, while providing additional benefits to mid-latitude States.
    The North American Waterfowl Federation (NAWF) supported the 
development and implementation of AHM in setting waterfowl regulations 
but did not support the proposed liberalizations 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.
    Delta Waterfowl strongly supported the utilization of AHM in the 
setting of waterfowl regulations and complimented the Service for 
developing a process driven by biological parameters. Delta Waterfowl 
supported the addition of a ``very restrictive'' alternative and the 
total bag limit increases under the ``moderate'' and ``liberal'' 
alternatives. However, they did not support the proposed season-length 
increases for the ``moderate'' and ``liberal'' alternatives, citing 
concern for species such as pintail and scaup, the growing discrepancy 
with harvest distribution between northern and southern regions of the 
flyways, and the lack of interest in such changes from the hunting 
public.
    The Nevada Waterfowl Association suggested that most hunters would 
prefer lower bag limits with no species restrictions instead of more 
liberal bag limits and season lengths.
    The LaCrosse County Conservation Alliance of Wisconsin recommended 
that the four alternatives consist of season lengths/bag limits of 30/
3, 40/4, 50/5, and 60/6.
    The Humane Society of the United States (HSUS) strongly opposed the 
increased bag limits in the ``moderate'' and ``liberal'' alternatives 
and the addition of a fourth alternative, ``very restrictive''. HSUS 
believed these proposals were designed to stimulate hunter interest, 
maximize license sales, and satisfy state wildlife management agencies.
    Several individuals from Louisiana fully supported the proposed 
alternatives.
    Several individuals from Alabama expressed support for the 
recommendations of the Lower Region Regulations Committee of the 
Mississippi Flyway Council.

[[Page 39716]]

    Several individuals from Alabama, Colorado, Illinois, Michigan, 
Minnesota, Mississippi and Wisconsin believed that the AHM process was 
far too liberal with respect to the proposed bag limits and season 
lengths. They believed that these frameworks were ill-advised, 
inappropriate, and short-sighted. Another 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 Alabama, Tennessee and Louisiana expressed support 
for the ``liberal'' alternative, while other commenters from California 
and Kansas supported any expansion of hunting opportunity.
    Several individuals from Minnesota and one individual from 
Louisiana suggested keeping the ``liberal'' alternative at 50 days with 
a 5-bird daily bag limit. Other commenters from Arkansas, California, 
Iowa, Kentucky, Minnesota, Pennsylvania, Wisconsin preferred longer 
seasons and smaller daily bag limits to current seasons and higher 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 proposals 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, while a 
commenter from California believed that this alternative was critical 
to maintaining wetland habitat in California. Another commenter from 
Tennessee questioned the need for a fourth alternative.
    Individuals from Oregon and Tennessee were 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: For the 1997-98 regular duck hunting season, the 
Service will utilize 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 is convinced that these alternatives will be 
successful at providing maximum hunting opportunity, while not 
jeopardizing the ability of duck species to attain population goals 
when habitat conditions are adequate. The Service will propose a 
specific regulatory alternative when survey data on waterfowl 
population and habitat status are available.

B. Framework Dates

    Council Recommendations: The Atlantic Flyway Council was concerned 
that extensions of framework dates had the potential to affect all 
States in all Flyways, including reducing the frequency with which 
``liberal'' and ``moderate'' regulatory alternatives would be selected. 
They were also concerned that the traditional allocation of duck 
harvest in the U.S. could be altered. They strongly urged the Service 
to seek a thorough and scientific review by each Flyway Council before 
taking any action on framework modifications.
    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 alternatives 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.
    The Louisiana Department of Wildlife and Fisheries, the Alabama 
Department of Conservation and Natural Resources, and the Mississippi 
Department of Wildlife, Fisheries, and Parks supported the 
recommendation of the Lower-Region Regulations Committee of the 
Mississippi Flyway Council for extending the framework closing date to 
January 31 for the 1997-98 hunting season. They believed that this was 
an excellent opportunity for the Service to conduct a study regarding 
the framework extension. In a subsequent letter, they supported the 
``liberal'' alternative's days and bag limit, but were very concerned 
that the alternative offered little additional benefit to extreme 
northern States and extreme southern States, while providing additional 
benefit to mid-latitude States. They estimated that a January 31 
framework closing date would result in, at most, an increased harvest 
of 18,500 mallards in Alabama, Louisiana, and Mississippi. Lastly, they 
believe that present framework dates do not afford their hunters the 
same hunting opportunities as hunters in mid-latitude States because 
their States do not have the opportunity to select a hunting season 
that coincides with the greatest number of birds available to the 
hunting public.
    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.
    Senator Richard Shelby of Alabama urged support for extending the 
framework closing date to January 31 in Alabama. Senator Shelby 
believed the current season deprives Alabama hunters of their best 
opportunity to harvest ducks.
    Senator Mary Landrieu of Louisiana supported the recommendation of 
the Lower-Region Regulations Committee of the Mississippi Flyway 
Council for extending the framework closing date to January 31 for the 
1997-98 hunting season.
    Representatives Bennie G. Thompson, Mike Parker, Gene Taylor, 
Charles Pickering, and Roger Wicker of Mississippi supported the 
recommendation of the Lower-Region Regulations Committee of the 
Mississippi Flyway Council for extending the framework closing date to 
January 31 with the same number of days and bag limit as other States 
in the Mississippi Flyway.
    The Mississippi State Senate adopted a 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.
    State Representatives Dick Livingston and Tom Cameron and State 
Senators

[[Page 39717]]

Lynn Posey and Neely Carlton of Mississippi requested a January 31 
framework closing date for the Lower Region of the Mississippi Flyway 
beginning in the 1997-98 hunting season.
    State Representative Michael J. Michot of Louisiana requested a 
January 31 framework closing date for Louisiana for the 1997-98 hunting 
season.
    Governor Kirk Fordice of Mississippi requested a January 31 
framework closing date for the Lower Region of the Mississippi Flyway 
beginning in the 1997-98 hunting season. Governor Fordice stated that 
the present framework does not afford Mississippi hunters the same 
hunting opportunities as hunters in mid-latitude States since 
Mississippi does not have the opportunity to hunt when the greatest 
number of birds are available to the hunting public.
    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 Delta Wildlife Foundation of Mississippi supported the 
recommendations of the Lower-Region Regulations Committee of the 
Mississippi Flyway Council for extending the framework closing date to 
January 31 for the 1997-98 hunting season. They supported the 
``liberal'' alternative's days and bag limit, but were concerned that 
the alternative offered little additional benefits to extreme northern 
States and extreme southern States, while providing additional benefits 
to mid-latitude States. They estimated that a January 31 framework 
closing date would result in, at most, an increased harvest of 18,500 
mallards in Alabama, Louisiana, and Mississippi. Lastly, they believe 
that the present framework does not afford their hunters the same 
hunting opportunities as hunters in mid-latitude States since their 
States do not have the opportunity to select a hunting season that 
coincides with the greatest number of birds available to the hunting 
public.
    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.
    The Delta Outfitters Association of Mississippi requested that a 
January 31 framework closing date be approved for the Lower Region of 
the Mississippi Flyway beginning with the 1997-98 hunting season.
    The Alabama Waterfowl Association supported a January 31 framework 
closing date in Alabama.
    One hundred and eighty-three individual commenters and 128 
petitioners from Mississippi recommended either a later framework 
closing date or an 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-three individuals and 11 petitioners from Mississippi 
recommended a framework closing date extension to February 9. Three 
individuals from Mississippi recommended a season running through the 
middle of February.
    Thirty-three individuals and eight petitioners from Alabama urged 
the Service to extend the framework closing date to at least January 31 
in Alabama.
    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. 
Twenty-six individuals from Louisiana recommended a duck hunting season 
closing either at the end of January or in early February.
    Commenters from Tennessee also requested a later framework closing 
date. Three individuals urged the Service to extend the framework 
closing date to at least January 31 in Tennessee while four other 
individuals thought the season should be extended until the end of 
February. One individual simply requested later seasons, while another 
suggested changing the framework closing date to either the Sunday 
nearest January 20 or January 20, whichever was later.
    Individuals from other States also requested modifications to the 
framework dates. Individuals in Ohio, Texas, and Virginia recommended a 
closing date of January 31, while commenters in California, New Jersey, 
and Florida asked for the season to end later. Individuals in 
Washington and California recommended closing dates in mid- to late 
February. Three individuals in Michigan and Minnesota requested a 
framework opening date of the last Saturday in September rather than 
the Saturday nearest October 1.
    An individual from Montana questioned the Service's conclusions 
regarding the Iowa early duck season. Specifically, he questioned 
whether looking at total season harvest was the best way to evaluate 
the effects of Iowa's experimental seasons (1979-84).
    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 proposed alternatives, 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 
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. 
In a subsequent comment letter, Missouri was pleased that the Service 
adopted the AHM working group's recommendations concerning framework 
dates and agreed with the assessment that issues of harvest, allocation 
of hunting opportunity, and biological impacts must be addressed when 
considering future framework proposals. Missouri continued to question 
whether frameworks were among the most pressing needs for AHM at this 
time.
    The Virginia Department of Game and Inland Fisheries opposed any

[[Page 39718]]

lengthening of the season framework as proposed by the Central Flyway 
Council and Lower-Region Regulations Committee of the Mississippi 
Flyway Council. Although sympathetic with the desire of these Flyways 
to maximize hunting opportunities, they felt that a change of this 
magnitude requires a thorough review and discussion of the implication 
for all flyways.
    The Georgia Department of Natural Resources voiced concern over the 
framework extensions proposed by the Central Flyway Council and Lower-
Region Regulations Committee of the Mississippi Flyway Council. They 
believed the increase in the harvest due to the extended frameworks and 
the potential that this action would lead to more restrictive and 
variable harvest strategies throughout all Flyways was inappropriate. 
They further urged the Service to adhere to the 1996 joint Flyway 
Council recommendation to maintain traditional allocation of hunting 
opportunities when considering changes to regulatory alternatives. They 
were also concerned about the potential effect of framework extensions 
on other species of ducks, such as wood ducks and black ducks and that 
the potential effects on other species should be closely weighed before 
considering any framework changes. They requested the Service review 
framework extensions in a thorough and scientific manner and that the 
issue receive a thorough review through the Flyway Council process 
before any changes are considered or implemented.
    The Florida Game and Fresh Water Fish Commission (Florida) 
supported the Service's decision not to extend framework closing dates 
for the 1997-98 season. Florida further commented that if framework 
dates were extended, those extension should be made equally available 
to all Flyways. However, they believed that adjusting framework dates 
could influence the relative allocation of harvest among States, the 
size of the harvest, and the population dynamics of waterfowl. Florida 
believed that this issue merits further evaluation by the Service and 
the Flyway Councils and asked the AHM working group to evaluate 
framework extensions for use with the ``liberal'' alternative.
    The Delaware Division of Fish and Wildlife (Delaware) concurred 
with the Service's position on the framework extension issue and 
requested that no such changes be granted until all four Flyway 
Councils had adequate time to address the issue. Delaware further 
commented that the framework extensions proposed by the Central Flyway 
Council and Lower-Region Regulations Committee of the Mississippi 
Flyway Council were counter to the 1996 joint Flyway Council 
recommendation to maintain traditional allocation of hunting 
opportunities when considering changes to the AHM regulatory 
alternatives.
    The New Jersey Division of Fish, Game and Wildlife (New Jersey) was 
concerned that any duck hunting framework extensions had the potential 
to affect all States in all Flyways, including reducing the frequency 
with which ``liberal'' and ``moderate'' regulatory alternatives would 
be selected. They were also concerned that the traditional allocation 
of duck harvest in the U.S. could be altered. They strongly urged the 
Service to seek a thorough and scientific review by each Flyway Council 
before taking any action on framework modifications.
    The Massachusetts Division of Fisheries and Wildlife 
(Massachusetts) opposed the extensions of frameworks at this time. 
Massachusetts believed that the proposed September openings and January 
31 framework closing date would impact States throughout the Flyways 
and has not been adequately examined. Massachusetts was particularly 
concerned about species such as wood ducks.
    The Arizona Game and Fish Department concurred with the Service's 
June 6 Federal Register not to extend the framework closing date to 
January 31. They believed that although additional harvest likely would 
occur, such an extension would not be beneficial to the pintail 
population and would complicate the evaluation of regulatory changes 
already proposed.
    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. Because changes in framework dates have the potential to 
affect all States (whether or not they set their seasons as early or 
late as possible), the Service believes that the issue must receive a 
fair and

[[Page 39719]]

comprehensive hearing among all stakeholders. To date, this has not 
occurred. Therefore, the Service will continue to use framework dates 
of approximately October 1 to January 20 for all AHM regulatory 
alternatives for the 1997-98 hunting season, as identified in the June 
6 proposed rule.
    In considering future 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 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. Based on a recent Service assessment, harvests of 
mallards and total ducks were higher in years with framework extensions 
in both States, 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 
Flyway and the Lower Region of the Mississippi Flyway would be expected 
to increase the harvest of midcontinent mallards by approximately 13 
percent. This increase would be in addition to the 10-15 percent 
increase in mallard harvest expected from the proposed increase in 
season length under the ``liberal'' alternative. Based on this 
assessment, 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. Current projections suggest that the frequency of ``liberal'' 
regulations could be reduced by as much as one-half, and that the 
frequency of ``very restrictive'' and ``restrictive'' regulations could 
double. The Service currently is preparing a final report on this 
assessment, which should be available by September 1, 1997.
    (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 
promulgation of regulations for the 1997 hunting season.
    (3) The potential for negative physiological impacts on ducks.
    The Service reiterates its concerns that hunting disturbance in 
late winter may interfere with important biological functions such as 
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 
results are preliminary and cannot necessarily be applied to free-
ranging mallards or other species.
    The Service is concerned 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 over 
time. Of the six States with the highest hunter success in the country 
(i.e., States above the 90th percentile for the 1979-95 average), four 
(Louisiana, Arkansas, Mississippi, and Tennessee) are located in the 
southern Mississippi Flyway. These statistics do not seem to support 
the contention that hunters in the southern Mississippi Flyway are not 
afforded the same opportunity as their counterparts in mid-latitude and 
northern States.
    In summary, the Service is not, at this time, extending 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 alternative 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 Missouri Department of Conservation supported the proposed 
change from 59 to 60 days in the ``restrictive'' alternative for the 
Pacific Flyway.
    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. Another individual from Oregon expressed support for 
lengthening the seasons.
    Service Response: The Service concurs with the request for 60 days 
in the ``restrictive'' alternative for the Pacific Flyway. This season 
length 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. Other proposals for modifications to season lengths in the 
proposed regulatory alternatives were not compelling.

E. Bag Limits

    Council Recommendations: The Mississippi, Central, and Pacific 
Flyway Councils endorsed the AHM working group's recommendations, and 
subsequent Service proposals, for total duck bag limits. The Atlantic 
Flyway Council originally recommended a uniform total duck bag limit of 
4 in all Atlantic Flyway regulatory alternatives

[[Page 39720]]

to minimize the frequency of changes. However, in lieu of the Service's 
June 6 proposal (i.e., 3 birds in the ``very restrictive'' and 
``restrictive'' alternatives and 4 birds in the ``moderate'' and 
``liberal'' alternatives), the Atlantic Flyway Council preferred the 
AHM working group's original recommendations for total duck bag limits 
at the June 25, 1997, public meeting.
    All Flyway Councils supported the basic mallard daily bag limits as 
recommended by the working group, and eventually proposed by the 
Service, in each of the regulatory alternatives. However, the Atlantic 
and Pacific Flyway Councils recommended modifications to the hen 
mallard daily bag limit in the ``liberal'' alternative. 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 New Jersey Division of Fish, Game and 
Wildlife recommended that there be no hen mallard restrictions in the 
``liberal'' alternative.
    The South Carolina Department of Natural Resources (South Carolina) 
recommended the Service adopt the 6-bird daily bag limits recommended 
by the AHM working group and retain hen mallard restrictions outlined 
in the ``moderate'' and ``liberal'' regulations alternatives. South 
Carolina further believed that restricting the bag limit to 4 under the 
``moderate'' and ``liberal'' alternatives unnecessarily restricts 
hunter opportunity.
    The Georgia Department of Natural Resources (Georgia) supported the 
intent of the Atlantic Flyway Council's recommendation of a uniform 4-
bird daily bag limit to simplify regulations, improve learning of 
harvest strategies, and maintain hunter numbers during years of low 
duck populations. However, in lieu of a uniform 4-bird limit, Georgia 
expressed support for the original AHM working group recommendations.
    The New York State Department of Environmental Conservation (New 
York) affirmed their continued support for the Atlantic Flyway 
Council's recommendation of a uniform 4-bird daily bag limit in all 
alternatives. However, in the interim, in lieu of a uniform 4-bird 
limit, New York expressed support for the Service's June 6 Federal 
Register proposal. New York believed that a 6-bird daily bag limit 
would add to communication challenges to implementing AHM in the 
Atlantic Flyway.
    The Florida Game and Fresh Water Fish Commission (Florida) strongly 
opposed the bag limits proposed by the Service for the Atlantic Flyway 
in the June 6 Federal Register. Florida was disappointed that the 
Service did not adopt the Atlantic Flyway Council's recommendation of a 
uniform 4-bird daily bag limit. Florida further believed that the 
Service's proposed regulatory alternatives penalizes the Atlantic 
Flyway in the two ``liberal'' alternatives without compensation in the 
two restrictive alternatives. In lieu of a uniform 4-bird limit, 
Florida preferred the original AHM working group recommendations for 
the 1997-98 hunting season.
    The Delaware Division of Fish and Wildlife (Delaware) supported the 
season lengths and four regulatory alternatives for the 1997-98 season 
but expressed disappointment that the Service did not adopt the 
Atlantic Flyway Council's recommended 4-bird uniform daily bag limit. 
Delaware believed that providing a uniform 4-bird bag would increase 
hunter satisfaction and retain hunter interest in duck hunting and 
would provide a clearer picture of the effects of season length 
changes. In lieu of a uniform 4-bird limit, Delaware supported the 
original AHM working group recommendations for the 1997-98 hunting 
season. Delaware also reiterated their support for no mallard hen 
restrictions under the ``moderate'' and ``liberal'' alternatives.
    The Massachusetts Division of Fisheries and Wildlife 
(Massachusetts) was disappointed with the Service's proposed bag limits 
in the Atlantic Flyway. Based on some of their research surveys, they 
recommended season length/bag limits of 20/2, 30/3, 45/4, and 60/5 for 
the four regulatory alternatives. Massachusetts also continued to 
support the removal of mallard hen restrictions in the daily bag limit 
and disagreed with the Service's reasoning for the proposed 2-hen bag 
limit. Massachusetts contends that increasing the daily bag limit for 
hens from 2 to 4 would increase the harvest by only 3.6 percent.
    The Alabama Waterfowl Association recommended a 5-bird daily bag 
limit with no more than 4 mallards and 1 hen mallard.
    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.
    Delta Waterfowl strongly opposed the proposed increase in the hen 
mallard bag limit under the ``moderate'' and ``liberal'' alternatives. 
They believed that increasing harvest on hen mallards was not 
warranted, that it would not be in the best interest of addressing the 
social aspect of waterfowl regulations, that the hunting public does 
not support this change.
    The LaCrosse County Conservation Alliance of Wisconsin recommended 
that the hen mallard daily bag limit remain at 1 hen in the ``liberal'' 
alternative.
    The Humane Society of the United States (HSUS) questioned the 
proposed bag limits for species other than mallards in the 
``restrictive'' and ``very restrictive'' alternatives. HSUS believed 
that if mallards declined to the extent that these alternatives were 
adopted and the Service was correct in its assertion that mallards are 
good indicators of the population status of other species, then these 
bag limits should be set at zero until more data are available on these 
species.
    Individual comments regarding overall bag limits and hen mallard 
restrictions varied widely. Several individuals from Louisiana 
preferred additional birds in the daily bag limit rather than 
additional days of season length. Other individuals from Alabama, 
Louisiana, California, Illinois, Indiana,

[[Page 39721]]

Kansas, Minnesota, Nebraska, New Mexico, Pennsylvania, Tennessee, 
Texas, Virginia, Wisconsin, and Wyoming saw no reason to increase bag 
limits beyond 5 birds per day. While most supported additional days in 
the ``moderate'' and ``liberal'' alternatives, most believed that 
current bag limits provided plenty of hunter opportunity. Other 
individuals from Arkansas, Minnesota, and Missouri were against any 
increase in the daily bag limit, while several commenters from Alabama, 
Connecticut, Massachusetts, Michigan, Missouri, Tennessee, and 
Wisconsin were in favor of a reduced 4-bird daily bag limit. One 
individual from Wisconsin supported a 3-bird daily bag limit, while 
individuals from Florida and Missouri supported a 6-bird daily bag 
limit.
    Thirty individuals from Arkansas, Illinois, Louisiana, Michigan, 
Minnesota, Mississippi, Missouri, Montana, Nebraska, Pennsylvania, 
Tennessee, Virginia, Wisconsin, and Wyoming were strongly opposed to 
any increase in the daily bag limit for hen mallards.
    Individuals from California and Nevada expressed support for no 
internal bag-limit restrictions, while an individual from Oregon 
recommended holding bag limits at the ``restrictive'' alternative 
level. Another commenter suggested a nation-wide 3-bird daily bag 
limit.
    Service Response: The Service concurs with the Atlantic Flyway 
Council and others who requested, in lieu of a constant 4-bird bag, a 
return to total bag limits in the Atlantic Flyway that were originally 
recommended by the AHM working group (i.e., 3 birds in the ``very 
restrictive'' and ``restrictive'' alternatives and 6 birds in the 
``moderate'' and ``liberal'' alternatives).
    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 these restrictions to have been effective in decreasing the 
harvest of females relative to males. 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 completely 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 all hen restrictions on the harvest of similar appearing 
species like mottled ducks or black ducks.
    Despite these concerns, the Service supports a moderate increase in 
the female mallard bag limit in the ``moderate'' and ``liberal'' 
alternatives. Even more liberal hen bag limits have been used 
frequently in the past when populations were relatively high and no 
detrimental resource impacts were apparent. Hunters are free to 
exercise self-imposed ethical constraints, but the Service finds no 
biological justification at this time for opposing these moderate 
increases in female mallard bag limits.

G. Special Seasons/Species Management

    i. Canvasbacks

    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.

    Written Comments: Individuals from California, Michigan, and North 
Carolina requested a 2-bird daily bag limit for canvasbacks.

    ii. Pintails

    Council Recommendations: The Atlantic Flyway Council originally did 
not endorse the ``Proposed Interim Strategy for Northern Pintail 
Harvest Regulations'' circulated for Councils' review in February of 
this year. However, the Council subsequently commented that the revised 
interim pintail harvest strategy appeared to be a reasonable stepping 
stone to adaptive harvest management of pintails and allowed for a 
greater growth rate than the original proposal. The Council reiterated 
its concern that the final AHM pintail model be a true continental 
model addressing all stocks of pintails.
    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 Flyway Councils at the April 22, 1997, AHM 
meeting in Arlington, VA, and presented in the June 6 Federal Register.
    At the June 26 meeting of the Service Regulations Committee, all 
four Flyway Council representatives gave conditional endorsement to the 
Pacific Flyway's April 22, 1997, revised interim pintail strategy with 
the additional constraints proposed by the Service in the June 6 
Federal Register.
    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.

    Public-Hearing Comments: Mr. Robert McDowell, representing the 
Atlantic

[[Page 39722]]

Flyway Council, commented that the interim pintail harvest strategy 
appeared to be reasonable but reiterated the Flyway's concerns that a 
true continental model be developed which addressed all stocks, 
including those wintering in the Atlantic Flyway.

    Written Comments: The Arizona Game and Fish Department supported 
the pintail strategy proposed by the Pacific Flyway Council and the 
Service.
    The Missouri Department of Conservation questioned the value of an 
interim pintail strategy for 2 to 3 years until the development of an 
adaptive approach; however, they supported the Service's compromise.
    The New Jersey Division of Fish, Game and Wildlife (New Jersey) 
commented that the revised interim pintail harvest strategy appeared to 
be a reasonable stepping stone to adaptive harvest management of 
pintails and allowed for a greater growth rate than the original 
proposal. New Jersey was concerned that the final AHM pintail model 
should be a true continental model addressing all stocks of pintails.
    The California Waterfowl Association urged adoption of a pintail 
interim AHM model for determining alternative daily bag limits for the 
1997-98 hunting season.
    The Nevada Waterfowl Association suggested increasing the daily bag 
limit on male pintails for the last third of the season to help reduce 
the high male to female ratio.
    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 and an 
individual in Louisiana believed that the pintail season should be 
closed since the population had not recovered despite good breeding 
conditions. Another individual from Michigan urged the Service to treat 
the pintail as it had the canvasback.
    Service Response: The Service remains concerned about the overall 
status of the continental population of northern pintails. The pintail 
breeding population in May 1997, was estimated to be 3,558,000, a 30 
percent increase from last year. The breeding population of northern 
pintails has doubled from the low of 1,803,400 in 1991, but remains 20 
percent below the long-term average and 43 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 
proposed in the June 6 Federal Register 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 whether a more adaptive 
approach is available at that time. The Service will employ the interim 
pintail prescription proposed by the Pacific Flyway and the additional 
constraints listed above to determine appropriate pintail bag limits in 
all Flyways beginning in the 1997-98 hunting season.
    The technical details of the Strategy 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.
    Written Comments: The Kansas Department of Wildlife and Parks 
(Kansas), Nebraska Game and Parks Commission (Nebraska), North Dakota 
Game and Fish Department (North Dakota), Oklahoma Department of 
Wildlife Conservation (Oklahoma), South Dakota Department of Game, Fish 
and Parks (South Dakota), and Texas Parks and Wildlife Department 
(Texas) supported the Central Flyway proposal for September teal 
seasons. Kansas and Texas commented that additional harvest provided by 
the proposed season expansion will not be excessive or negatively 
impact future teal populations. Kansas and Texas indicated that ongoing 
work associated with implementation of the Adaptive Harvest Management 
Program should not preclude completion of this management initiative. 
Kansas said they are willing to satisfy requirements associated with 
evaluation and monitoring associated with implementation of this 
proposed strategy. Kansas, Oklahoma and Texas indicated that this 
strategy will encourage the development and maintenance of wetland 
habitat and promote hunting by youth hunters. Nebraska pointed out that 
their duck breeding population was 17 percent above the most recent 
five-year average and would appreciate the additional

[[Page 39723]]

opportunity that would be provided by the Central Flyway proposal. 
North Dakota, South Dakota, and Wyoming indicated that approval of the 
Central Flyway proposal would provide additional opportunity for 
northern States at a time when teal populations are at an all-time 
high. North Dakota commented that implementation of this proposal is 
currently appropriate because the Central Flyway preseason duck banding 
program will provide information for evaluations. North Dakota pointed 
out that their blue-winged teal population estimate for this year is 
115 percent above the long-term average.
    Several individuals recommended higher daily bag limits for teal 
given the current population level. Two individuals from Texas 
recommended a 5-teal daily bag limit while an individual from Missouri 
recommended a 6-teal limit. Another individual from Texas questioned 
why the Service was reluctant to increase the teal season length and 
bag limit.
    Service Response: It is important that any proposal for expanding 
the current teal season include a comprehensive evaluation plan and be 
coordinated within and among the Flyways. Identifying the full scope of 
any expansion is important, because it will dictate how extensive the 
evaluation plan must be.
    The Central Flyway proposal does not include an evaluation plan. As 
previously stated, the evaluation plan must include study objectives, 
experimental design, decision criteria, and identification of data 
needs. The evaluation plan should address not only potential impacts to 
teal populations, but also impacts to nontarget species and the ability 
of hunters to comply with special-season regulations. Further, the 
September teal season bag limit should be limited to teal and not 
expanded to include other species, as was contained in the Central 
Flyway's proposal.
    In an effort to further define what would comprise an acceptable 
evaluation plan, the Service suggests that any plan should consider the 
following: (1) description of the population dynamics of teal (e.g., 
how the populations respond to changes in the environment, harvest 
pressure, etc.), (2) current and predicted harvest pressure on teal, 
(3) the levels of regulations to be considered, (4) the harvest 
allocation among and within (i.e., production vs. nonproduction states) 
Flyways, (5) the acceptable attempt rate at nontarget species (i.e., 
the rate at which hunters attempt to shoot ducks other than teal), and 
(6) staff and financial resources to conduct the evaluation.
    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.

    Service Response: Although this is primarily a late-season issue, 
the Service understands Iowa's concern for reaching a decision on the 
issue at this time. The Service concurs with this minor change in 
Iowa's framework.

    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 continuation of the youth 
hunt that allows States to select outside the general season and 
frameworks.
    Public-Hearing Comments: Mr. Robert McDowell, representing the 
Atlantic Flyway Council, encouraged the Service to make an early 
announcement regarding the Youth Waterfowl Hunt Day and asked to 
include Atlantic brant, snow geese, and moorhens along with ducks as 
legal game.

    Written Comments: The New Jersey Division of Fish, Game and 
Wildlife encouraged the Service to make an early announcement of their 
intention to hold another youth hunting day. They also recommended that 
ducks, moorhens, brant and snow geese be open to harvest on the special 
day.
    An individual from Wisconsin supported the establishment of a 
special youth hunt for the 1997-98 hunting season. Another commenter 
from Nebraska thanked the Service for the establishment of the youth 
hunt last year.
    Service Response: The Service appreciates the recommendations from 
the Flyway Councils regarding the continuation of a youth waterfowl 
hunting day for this hunting season. While the Service recognizes that 
there will be those organizations and individuals opposed to the 
establishment of this day on the basis of general opposition to hunting 
as a desirable outdoor recreational activity, the Service reiterates 
its belief that recreational sport hunting is a proper and compatible 
use of a renewable natural resource. The Service is further directed by 
various legislation to regulate the hunting of migratory waterfowl and 
views its role as one of permitting recreational harvest opportunities 
consistent with long-term resource conservation for all Americans. As 
part of this objective, the Service believes a well-educated and 
properly trained hunting constituency is in the best interest of the 
resource and views a youth hunting day as an educational opportunity to 
help ensure safe, high-quality hunting for future generations of 
Americans. The Service believes that this proposal is consistent with 
its responsibility to provide general education and training in the 
wise recreational uses of our nation's valuable wildlife resources and 
provides the best and safest learning environment for our youth who are 
interested in hunting.
    Regarding the Councils' recommendation on the framework dates, the 
Service agrees that the period 14 days prior to and after the outside 
framework dates for the regular duck season provides sufficient 
flexibility for States to provide this opportunity to their 
constituents.
    The Service recognizes the potential opportunity that inclusion of 
geese in the youth waterfowl hunt might provide. However, due to season 
closures and restrictions in place to protect certain populations of 
Canada geese in various parts of the country, the Service believes this 
complication is not appropriate at this point but is certainly a matter 
for consideration in future regulatory cycles. Further, this proposal 
does not preclude the inclusion of geese from the daily bag if the 
goose season is open at the time of the special youth hunt.
    Therefore, the Service believes this opportunity should be offered 
during the 1997-98 hunting season and proposes the following 
guidelines:


[[Page 39724]]


    (1) States may select 1 day per duck-hunting zone, designated as 
``Youth Waterfowl Hunting Day'', in addition to their regular duck 
seasons.
    (2) The day must be held outside any regular duck season on 
either a weekend, holiday, or other non-school day when youth 
hunters would have the maximum opportunity to participate.
    (3) The day could be held up to 14 days before or after any 
regular duck-season frameworks or within any split of a regular duck 
season.
    (4) The daily bag limit may include ducks, mergansers, coots, 
moorhens, and gallinules and would be the same as that allowed in 
the regular season. Flyway species restrictions would remain in 
effect.
    (5) Youth hunters must be 15 years of age or younger.
    (6) An adult at least 18 years of age must accompany the youth 
hunter into the field. This adult could not duck hunt but may 
participate in other seasons that are open on the special youth day.

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 Council 
also 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 several modifications to the 
existing special September goose seasons. The Council recommended 
expansion of the Washington September Canada goose hunt zone to include 
all of Washington for 7 consecutive days. In California, the Council 
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. In Oregon, the Council recommended that the framework in 
Clatsop, Columbia, Multnomah, Washington, Clackamas, Marion, Yamhill, 
Polk, Linn, Benton, Lane, Lincoln, and Tullamook Counties be 14 
consecutive days between September 1 and 20 with a daily bag and 
possession limit of 5 and 10 birds, respectively.
    Public-Hearing Comments: Mr. Robert McDowell, representing the 
Atlantic Flyway Council, reiterated support for New Jersey's request 
for extension of the special September Canada goose season to the first 
Saturday in October and New York's request to extend to October 5 and 
cited that all criteria have been met. These additional days would 
increase the harvests of resident geese and help to reduce nuisance 
complaints.

    Written Comments: The Maryland Department of Natural Resources 
opposed the extension of the framework closing date in New Jersey's 
September Canada goose season to the first Saturday in October. They 
believed that there will be an insufficient number of migrant 
neckbanded geese in the migrant population to evaluate the impacts of 
this proposed change. They further believed that due to potential 
differences in vulnerability to harvest between resident and migrant 
geese, the addition of hunting days in early October could lead to even 
higher than expected migrant goose harvest.
    The New Jersey Division of Fish, Game and Wildlife supported the 
modification of the framework closing date in New Jersey to the first 
Saturday in October. They estimated that the additional days would 
allow hunters to harvest an additional average of 1,600 resident Canada 
geese which would help slow population growth and reduce the number and 
severity of nuisance goose complaints. In response to Maryland's 
comments, they pointed out several other techniques for assessing 
migrant harvest during special seasons, such as the continuing 
telemetry studies and the initiation of Atlantic Population (AP) 
preseason breeding ground banding in 1997. New Jersey contends that use 
of these data sets will greatly enhance the understanding of arrival 
dates of AP geese and will replace the dependence on the disappearing 
migrant neck bands. New Jersey further pointed out that their proposal 
meets the criteria established by the Atlantic Flyway Council and the 
Service for special Canada goose seasons targeting resident Canada 
geese.
    Service Response: At the request of the Atlantic Flyway Council, 
the Service temporarily extended framework closing dates in the 
Atlantic Flyway on resident geese in 1996 to September 25, without 
evaluation in most areas, and on an experimental basis to September 30 
in New Jersey and North Carolina. Presently, New Jersey has completed 
only one year of its agreed upon 3-year evaluation.
    Although extending the framework closing dates into early October 
in New Jersey and New York would increase harvests of resident geese 
and help to alleviate nuisance problems, the Service believes that 
further evaluation is needed before all parties are comfortable that 
the harvest of migrant geese will not exceed 10 percent of the harvest. 
Also, the Service is concerned that sample sizes of neck-banded migrant 
geese are no longer sufficient to estimate the percentage of migrant 
geese in the early seasons with any degree of reliability. Both New 
Jersey's and New York's proposals indicate that the harvests of migrant 
geese increases rather dramatically after October 1 and there is little 
capability to measure precisely the percentage of migrant harvest. 
Thus, the Service does not support New Jersey's request until it 
completes its 3-year evaluation. However, based on the observations 
presented, the Service would support New York extending its season on 
Long Island from September 25 until September 30 on a 3-year 
experimental basis.
    With respect to the Pacific Flyway Councils' recommendations, the 
Service supports the change to a 7-day Statewide season in Washington 
and the new season proposal for California, as both of these 
recommendations conform to the existing Service criteria for special 
Canada goose seasons. The Service also endorses the proposal for a 14 
day experimental season in Oregon between September 1 and 20. The 
Service notes that a 3 year evaluation of that portion of the season 
occurring after September 15 is required. The Service is particularly 
concerned about possible impacts on Dusky Canada geese. The Service 
specifically requires monitoring be conducted for the presence of neck 
banded dusky Canada geese throughout the hunt area during this period 
as a part of the experimental evaluation. Additionally, the Service 
requires Oregon to submit an annual report of their evaluation by July 
15 each year describing the results of this monitoring program. These 
results will be reviewed prior to continuation of the experiment during 
the 3-year experimental period and modifications of the area open to 
hunting during this period will be required if Dusky Canada geese are 
found to be present during the season.

B. Regular Seasons

    Council Recommendations: The Upper-Region Regulations Committee of 
the Mississippi Flyway Council recommended Michigan and Wisconsin be 
allowed to open their regular Canada goose season as early as September 
7, 1997, in Michigan's Upper Peninsula and September 20, 1997, in 
Wisconsin.

    Service Response: The Service concurs.

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

[[Page 39725]]

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.

    Service Response: The Service agrees with this minor change.

14. Woodcock

    Council Recommendations: The Atlantic Flyway Council recommended 
framework dates of October 6 to January 31, a 30-day season and 3-bird 
daily bag limit. The Council urged the Service to make assessment of 
the relative effects of harvest and habitat on woodcock populations a 
high priority.
    The Mississippi Flyway Council recommended adoption of an interim 
woodcock harvest strategy for the Central region until such time as 
Regional Woodcock Management Plans and a long-term harvest strategy are 
completed. The interim harvest strategy would consist of the following:
    The following harvest restrictions would be implemented when the 
cumulative change since 1968 in the number of woodcock heard in the 
Singing-ground Survey exceeds 51 percent for the Central Management 
Region:

    (1) Season framework dates would be the Saturday nearest 
September 22 through January.
    (2) The daily bag limit would be reduced from 5 to 3 birds.

    Public-Hearing Comments: Mr. Robert McDowell, representing the 
Atlantic Flyway Council, expressed reluctant support for the 
recommendation for more restrictive framework dates and season lengths 
for woodcock. However, he indicated that given the proposed September 
20 opening framework in the Mississippi and Central Flyway States, 
perhaps October 1, rather than October 6, would be a more appropriate 
opening date for the Atlantic Flyway. He encouraged the Service to 
assess the relative roles of harvest and habitat changes in woodcock 
population declines.
    Mr. Charles D. Kelley, representing the Southeastern Association of 
Fish and Wildlife Agencies, acknowledged the problem with declining 
woodcock populations and encouraged the Service to work with the States 
to address the problem of diminishing woodcock habitat.
    Mr. William H. Goudy, representing the Ruffed Grouse Society, 
expressed concern about the lost recreational opportunity that will 
result from reduced season lengths and bag limits, particularly in the 
Mississippi Flyway. Although the change in bag limits would be 
acceptable, he regretted the loss in days. He indicated that the 
population data on which the Service bases its decisions is flawed and 
subject to criticism and that there is no information on what effects 
the changes in regulations will have. He expressed support for the 
expanded use of zones for woodcock hunting.
    Public-Hearing Comments: Mr. Robert McDowell, representing the 
Atlantic Flyway Council, stressed that the decline in woodcock numbers 
was of great concern and supported the proposed harvest restrictions, 
but questioned the ability to assess the role of harvest in woodcock 
population dynamics.

    Written Comments: The New Jersey Division of Fish, Game, and 
Wildlife supported the Atlantic Flyway Council's recommended framework 
dates of October 6 to January 31, a 30-day season and 3-bird daily bag 
limit. Although they believed that the population declines were the 
result of habitat changes and harvest played little or no role in the 
declines, they realized that the data bases regarding woodcock 
populations are not adequate to assess the role of harvest in woodcock 
population dynamics. They further urged the Service to make assessment 
of the relative effects of harvest and habitat on woodcock populations 
a high priority.
    The Louisiana Wildlife Federation (LWF) urged the Service to 
reconsider and allow for a 65-day season and a 5-bird daily bag limit 
in the Central Region. The LWF was concerned that the proposed 
reductions would reduce participation and needed support for woodcock 
conservation.
    Two individuals from Michigan and one from Ohio supported more 
restrictive woodcock hunting regulations with two indicating that 
restrictions were overdue. They also noted the importance of habitat 
management.
    Three individuals from Wisconsin and one from Michigan supported 
reducing the bag limit from 5 to 3 birds but expressed concerns about 
other possible regulatory changes. Three of these individuals indicated 
a shorter season would be acceptable but felt that the framework 
opening date should remain September 15, noting that hunting 
opportunity in northern areas would be affected disproportionately by a 
later framework opening date.
    An individual from Wisconsin felt that changes in regulations 
should only be made when it is certain that they will help the 
population. He also indicated the season should begin before October 1 
and that it should not be shorter than 45 days.
    An individual from Michigan indicated that based on his personal 
observations, woodcock populations have not declined. He felt that an 
opening date later than September 15 would take away the best time to 
hunt and suggested different opening and closing dates based on 
latitude. Another individual from Michigan implied that regulations 
should not be changed unless hunting mortality is causing the 
population declines. She also listed a number of questions related to 
woodcock population ecology she believes the Service should answer, 
presumably before changing regulations.
    An individual from Kentucky thought that reducing the woodcock 
harvest would help a little but would not solve the problem. He noted 
the importance of habitat management.
    Seventeen individuals from Louisiana, one individual from 
Pennsylvania, and one from Vermont opposed changes in regulations, 
generally citing habitat changes and/or weather as the causes of the 
woodcock population decline. Many of these individuals were concerned 
that more restrictive regulations would reduce the number of woodcock 
hunters and thus, support for woodcock conservation. Four of these 
individuals indicated that the Service should improve its ability to 
monitor woodcock populations before restricting hunting regulations.
    An individual from Louisiana was not opposed to restrictions 
provided that accurate data indicate that hunting pressure is the major 
cause of the population declines.
    Three individuals from Texas opposed more restrictive hunting 
regulations based on the presumption that the Singing-ground Survey is 
statistically flawed and potentially biased.
    Service Response: Woodcock populations have declined significantly 
since the 1960s, and in recent years reproductive success has been 
poor. The Service is very concerned about the ongoing declines in 
woodcock populations. Although hunting mortality is not believed to be 
the major force driving the declines, the Service believes some 
restrictions to woodcock harvest management are appropriate given the 
current status and trends of woodcock populations and the limited 
information on the role of hunting mortality and other factors in 
woodcock population dynamics. While habitat changes appear to be the 
primary cause of the woodcock population declines, other factors, 
including hunting

[[Page 39726]]

mortality, may be contributing to the declines, and the importance of 
these factors may increase as populations, reproductive success, and 
the habitat base decline. Thus, the Service believes that hunting 
regulations should be commensurate with woodcock population status and 
rates of decline. A combination of changes in framework dates, bag 
limits, and season length are necessary in order to achieve a 
significant reduction in harvest that is shared throughout the range of 
the woodcock.
    Therefore, in response to continuing long-term declines in the 
woodcock population, the Service is proposing several framework 
changes. In the Eastern Region, the Service concurs with the 
recommendation from the Atlantic Flyway Council and proposes framework 
dates of October 6 through January 31, season length of 30 days, and a 
daily bag limit of 3 birds. New Jersey may continue to select 2 zones 
with a reduced season length of 24 days in each zone. In the Central 
Region, the Service proposes framework dates of the Saturday nearest 
September 22 (September 20 this year) through January 31, a reduced 
season length of 45 days (from 65 days), and a bag limit reduction from 
5 to 3 birds.
    The Service's proposal is intended to reduce harvest, but not 
reduce the number of patricipatory hunters. The proposed restrictions 
represent a compromise to achieve a reduction in harvest while still 
allowing reasonable recreational opportunity.
    The Service also acknowledges that existing woodcock surveys are 
somewhat limited compared to surveys for some other migratory bird 
species, and believes this is one of the reasons a cautious approach to 
harvest management is appropriate. Although the Service always seeks to 
improve its monitoring programs whenever practical, woodcock 
populations are inherently difficult to monitor because of the bird's 
inconspicuous nature and preference for areas with dense vegetation. 
Although some aspects of the Singing-ground Survey may warrant scrutiny 
and/or improvement, the current survey provides the only index to 
changes in abundance of breeding populations of woodcock and the 
results are used with confidence to guide the decision-making process. 
Improved information on total woodcock harvest and hunter success will 
be available when the Harvest Information Program, currently being 
implemented by the Service and State wildlife agencies, is fully 
implemented. Unfortunately, this information is not likely to clarify 
the relationship between hunting mortality and population status.
    The Service notes that a 30-day season with an October 1 framework 
opening date would result in little or no reduction in harvest in the 
northern states in the Atlantic Flyway, where much of the harvest in 
the Flyway occurs. Thus, the Service concurs with the original October 
6 recommendation by the Atlantic Flyway Council, which was not 
predicated on the establishment of specific regulations in the 
Mississippi and Central flyways.
    The Service believes zoning has the potential to increase the 
harvest of woodcock, and therefore does not support the expanded use of 
zoning at a time when more restrictive woodcock hunting regulations are 
being established to bring harvest opportunities to a level more 
commensurate with current woodcock population status.
    The Service seeks active participation by the Flyway Councils to 
address the major factors behind long-term population declines, and to 
develop a long-term harvest strategy for woodcock.

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.

    Service Response: The Service supports removing the restriction on 
the number of white-winged doves allowed within the aggregate daily bag 
limit during the regular dove season in Texas. White-winged doves have 
been expanding their distribution and density northward in Texas. 
Populations have doubled since 1989 with an estimated 702,000 
whitewings nesting in a 17-county area north of the Lower Rio Grande 
Valley (LRGV) which, historically, was the only area occupied by the 
birds. No increase in harvest is expected for whitewings in the LRGV. 
In the remainder of the State, a harvest increase of 15 percent is 
projected.

18. Alaska

    Council Recommendations: The Pacific Flyway Council recommended an 
experimental tundra swan season in the Kotzebue Sound region of 
Alaska's Game Management Unit (GMU 23), which would be consistent with 
the Pacific Flyway Management Plan's harvest and permit guidelines for 
the Western Population of [Tundra] swans, and current guidelines for 
conducting 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 limits 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.
    Service Response: The Service concurs with the proposal to offer an 
experimental Tundra swan season in GMU 23 consistent with the 
management plan and hunt guidelines in the Flyway Management plan. The 
Service also supports the change in the dark goose bag and possession 
limits in Units 9(D) and the Unimak Island portion of Unit 10. The 
Service finds no compelling rational for the request to alter the 
falconry bag and possession limits in Alaska and will maintain the 
existing national falconry bag and possession limits in all States.

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. The Council believes that allowing granting this request 
at this time will allow integration of these changes into AHM 
evaluations of harvest rates in the Flyway and selection of appropriate 
regulatory alternatives.

    Public-Hearing Comments: Mr. Robert McDowell, representing the 
Atlantic Flyway Council, offered to modify the Flyway's original 
request for compensatory days to states closed to Sunday hunting by 
restricting it to only those states with existing statewide 
prohibitions in place prior to its implementation. This action prevents 
any states from enacting new laws to close Sunday hunting in order to 
be eligible for compensatory days.

    Written Comments: The South Carolina Department of Natural

[[Page 39727]]

Resources asserted that Sunday closures of waterfowl hunting are State 
issues and should not be addressed by the Service. South Carolina 
further asserted that if the Service grants compensatory days to States 
that are currently closed on Sundays by State law, then compensatory 
days should also be granted to States that enact Sunday closures in the 
future.
    The Delaware Division of Fish and Wildlife recommended that the 
Service grant compensatory days in lieu of Sunday hunting on a 1 for 1 
basis to restricted States with no penalty to unrestricted States.
    The Maryland Department of Natural Resources (Maryland) requested 
that the Service grant compensatory days to the 10 Atlantic Flyway 
States that are closed to waterfowl hunting on Sunday by State law. 
They believe that compensatory days would enable these States to 
equally share in the recreational benefits derived from the Atlantic 
Flyway's waterfowl resource. Maryland supported the Federal closure of 
Sunday in Maryland for the taking of wild waterfowl if the Service 
deemed this approach necessary to provide compensatory days. However, 
Maryland further requested the Service give consideration to the 
current Sunday hunting exception Maryland grants falconers.
    The New Jersey Division of Fish, Game and Wildlife (New Jersey) 
requested the Service grant compensatory days for States in their 
Flyway that are closed to waterfowl hunting statewide on Sunday by 
State law. New Jersey'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.
    Service Response: In 1995, the Service committed to working with 
the Atlantic Flyway Council to review and better clarify the issue of 
compensatory days for those States prohibiting Sunday hunting in an 
attempt to resolve this long-standing issue. In the past, the Service 
has maintained the policy that this problem is an individual State 
issue, to be resolved by each State removing their self-imposed 
restrictions. However, recognizing the difficulties involved with 
changing State law, the Service is sympathetic to the loss of hunting 
opportunity that results from the existing prohibitions on Sunday 
hunting. A recent Service assessment suggests that compensatory days 
for Sunday closures will result in a slight percent increase in the 
harvest rates of mallards breeding in eastern Canada and the 
northeastern U.S., which would be accompanied by a small percent 
decrease in average breeding population size. A similar effect is 
expected on other species, although a formal assessment for all duck 
species is not yet available. Thus, after examining the various 
technical and policy concerns, the Service believes that any additional 
harvest impacts can be adjusted by changing regulatory frameworks where 
needed and that various administrative and procedural concurs can be 
managed. Therefore, during the 1997-98 hunting season, the Service 
proposes to offer compensatory days to States in accordance to the 
following guidelines:

    (1) Only States in the Atlantic Flyway that prohibit Sunday 
hunting Statewide by State law prior to 1997 are eligible 
(Connecticut, Delaware, Maine, Maryland, Massachusetts, New Jersey, 
North Carolina, Pennsylvania, Virginia, and West Virginia).
    (2) All Sundays will be closed to all take (including extended 
falconry) of migratory waterfowl (including mergansers and coots) by 
Federal rulemaking. Other migratory game species are not eligible 
for compensatory days.
    (3) Season days must run consecutively within prescribed 
framework dates and season length, excluding the Sunday closure, and 
conform to existing split-season criteria. Total season days 
(including extended falconry) must not exceed 107 days.

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 and will be 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 13, 1997, Federal Register, the Service reported 
measures

[[Page 39728]]

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 1996 documenting 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. Copies of the Analysis are available upon 
request from the Office of Migratory Bird Management. This proposed 
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. The various information collection requirements 
are utilized in the formulation of migratory game bird hunting 
regulations. OMB has approved these information collection requirements 
and assigned clearance numbers 1018-0015 and 1018-0023.

Unfunded Mandates

    The Service has determined and certifies in compliance with the 
requirements of the Unfunded Mandates Act, 2 U.S.C. 1502 et seq., that 
this rulemaking will not impose a cost of $100 million or more in any 
given year on local or State government or private entities.

Civil Justice Reform--Executive Order 12988

    The Department, in promulgating this proposed rule, has determined 
that these regulations meet the applicable standards provided in 
Sections 3(a) and 3(b)(2) of Executive Order 12988.

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. 703-711, 16 U.S.C. 712, 
and 16 U.S.C. 742 a-j.

    Dated: July 16, 1997.
Joseph E. Doddridge,
Acting Deputy Assistant Secretary for Fish and Wildlife and Parks.

Proposed Regulations Frameworks for 1997-98 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, 1997, and March 10, 
1998.

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.
    Compensatory Days in the Atlantic Flyway: In the Atlantic Flyway 
States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New 
Jersey, North Carolina, Pennsylvania, Virginia, and West Virginia, 
where Sunday hunting is prohibited statewide by State law, all Sundays 
are closed to all take of migratory waterfowl (including mergansers and 
coots).

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.

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 20). The daily 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. The remainder of the 
regular duck season may not begin before October 10.

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

[[Page 39729]]

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, New York (Long Island Zone), North 
Carolina (except in the Northeast Hunt Unit), and South Carolina. 
Experimental Canada goose seasons of up to 25 days during September 1-
25 may be selected in Crawford County, Pennsylvania. 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, except in the Upper Peninsula in Michigan, where the season 
may not extend beyond September 10, and in the Michigan Counties of 
Huron, Saginaw and Tuscola, where no special season may be held. 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. 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 
4 will apply to the special season.
    Oregon may select an experimental special Canada goose season of up 
to 15 days during the period September 1-20. Daily bag limits may not 
exceed 5 Canada geese. At a minimum, Oregon must provide an annual 
evaluation of the number of Dusky Canada geese present in the hunt zone 
during the period September 16-20 and agree to adjust seasons as 
necessary to avoid any potential harvest of Dusky Canada geese.
    Washington may select a special Canada goose season of up to 15 
days during the period September 1-15. Daily bag limits may not exceed 
3 Canada geese.
    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 may not exceed 110 for this zone. The daily 
bag limit is 2.
    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. 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.
    California may select a 9-day season in Humboldt County during the 
period September 1-15.
    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 may open as early as September 20 in 
Wisconsin and September 27 in the Upper Peninsula of Michigan. 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 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 the Park-Big Horn Unit in 
Wyoming and Idaho 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 18) 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

[[Page 39730]]

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 6 and January 31. States in the Central and 
Mississippi Flyways may select hunting seasons between the Saturday 
nearest September 22 (September 20) and January 31.
    Hunting Seasons and Daily Bag Limits: Seasons may not exceed 30 
days in the Atlantic Flyway and 45 days in the Central and Mississippi 
Flyways. The daily bag limit is 3. 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 24 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 
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 
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 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 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.

[[Page 39731]]

    In Texas, the daily bag limit may not exceed 12 doves (15 under the 
alternative) in the aggregate, of which 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 exceptions:
    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.
    4. In Unit 9(D) and the Unimak Island portion of Unit 10, the 
limits for Canada geese are 6 daily and 12 in possession.
    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. All seasons are by registration permit only.
    2. All season Framework dates are September 1 - October 31.
    3. In GMU 18, no more than 500 permits may be issued during the 
operational season. No more than 3 tundra swans permits may be 
issued per hunter and permits must be issued sequentially one at a 
time, upon filing a harvest report.
    4. In GMU 22, no more than 300 permits may be issued during the 
operational season authorizing each permittee to take 1 tundra swan 
per season.
    5. In GMU 23, no more than 300 permits may be issued during the 
experimental season. No more than 3 tundra swans permits may be 
issued per hunter and permits must be issued sequentially, one at a 
time, upon filing a harvest report. The experimental season 
evaluation must adhere to the guidelines for experimental seasons as 
described in the Pacific Flyway Management Plan for the Western 
Population of (Tundra) Swans.

Hawaii

    Outside Dates: Between October 1 and January 31.
    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.
    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.

[[Page 39732]]

    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 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

    Connecticut
    North Zone - That portion of the State north of I-95.
    Maryland
    Eastern Unit - Anne Arundel, Calvert, Caroline, Cecil, Charles, 
Dorchester, Harford, St. Marys, Somerset, Talbot, Wicomico, and 
Worcester Counties, and those portions of Baltimore, Howard, and Prince 
Georges Counties east of I-95.
    Western Unit - Allegany, Carroll, Frederick, Garrett, Montgomery, 
and Washington Counties, and those portions of Baltimore, Howard, and 
Prince Georges Counties east of I-95.
    Massachusetts
    Western Zone - That portion of the State west of a line extending 
south from the Vermont border on I-91 to MA 9, west on MA 9 to MA 10, 
south on MA

[[Page 39733]]

10 to U.S. 202, south on U.S. 202 to the Connecticut border.
    Central Zone - That portion of the State east of the Berkshire Zone 
and west of a line extending south from the New Hampshire border on I-
95 to U.S. 1, south on U.S. 1 to I-93, south on I-93 to MA 3, south on 
MA 3 to U.S. 6, west on U.S. 6 to MA 28, west on MA 28 to I-195, west 
to the Rhode Island border; except the waters, and the lands 150 yards 
inland from the high-water mark, of the Assonet River upstream to the 
MA 24 bridge, and the Taunton River upstream to the Center St.-Elm St. 
bridge shall be in the Coastal Zone.
    Coastal Zone - That portion of Massachusetts east and south of the 
Central Zone.
    New Hampshire
    Early-season Hunt Unit - Cheshire, Hillsborough, Rockingham, and 
Strafford Counties.
    New York
    Lake Champlain Zone - The U.S. portion of Lake Champlain and that 
area east and north of a line extending along NY 9B from the Canadian 
border to U.S. 9, south along U.S. 9 to NY 22 south of Keesville; south 
along NY 22 to the west shore of South Bay, along and around the 
shoreline of South Bay to NY 22 on the east shore of South Bay; 
southeast along NY 22 to U.S. 4, northeast along U.S. 4 to the Vermont 
border.
    Long Island Zone - That area consisting of Nassau County, Suffolk 
County, that area of Westchester County southeast of I-95, and their 
tidal waters.
    Western Zone - That area west of a line extending from Lake Ontario 
east along the north shore of the Salmon River to I-81, and south along 
I-81 to the Pennsylvania border, except for the Montezuma Zone.
    Montezuma Zone - Those portions of Cayuga, Seneca, Ontario, Wayne, 
and Oswego Counties north of U.S. Route 20, east of NYS Route 14, south 
of NYS Route 104, and west of NYS Route 34.
    Northeastern Zone - That area north of a line extending from Lake 
Ontario east along the north shore of the Salmon River to I-81, south 
along I-81 to NY 49, east along NY 49 to NY 365, east along NY 365 to 
NY 28, east along NY 28 to NY 29, east along NY 29 to I-87, north along 
I-87 to U.S. 9 (at Exit 20), north along U.S. 9 to NY 149, east along 
NY 149 to U.S. 4, north along U.S. 4 to the Vermont border, exclusive 
of the Lake Champlain Zone.
    Southeastern Zone - The remaining portion of New York.
    North Carolina
    Northeast Hunt Unit - Counties of Bertie, Camden, Chovan, 
Currituck, Dare, Hyde, Pasquotank, Perquimans, Tyrrell, and Washington.
    South Carolina
    Early-season Hunt Unit - Clarendon County and those portions of 
Orangeburg County north of SC Highway 6 and Berkeley County north of SC 
Highway 45 from the Orangeburg County line to the junction of SC 
Highway 45 and State Road S-8-31 and west of the Santee Dam.

Mississippi Flyway

    Illinois
    Northeast Canada Goose Zone - Cook, DuPage, Grundy, Kane, Kankakee, 
Kendall, Lake, McHenry, and Will Counties.
    North Zone: That portion of the State outside the Northeast Canada 
Goose Zone and north of a line extending east from the Iowa border 
along Illinois Highway 92 to Interstate Highway 280, east along I-280 
to I-80, then east along I-80 to the Indiana border.
    Central Zone: That portion of the State outside the Northeast 
Canada Goose Zone and south of the North Zone to a line extending east 
from the Missouri border along the Modoc Ferry route to Modoc Ferry 
Road, east along Modoc Ferry Road to Modoc Road, northeasterly along 
Modoc Road and St. Leo's Road to Illinois Highway 3, north along 
Illinois 3 to Illinois 159, north along Illinois 159 to Illinois 161, 
east along Illinois 161 to Illinois 4, north along Illinois 4 to 
Interstate Highway 70, east along I-70 to the Bond County line, north 
and east along the Bond County line to Fayette County, north and east 
along the Fayette County line to Effingham County, east and south along 
the Effingham County line to I-70, then east along I-70 to the Indiana 
border.
    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

[[Page 39734]]

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.
    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.

Central Flyway

    South Dakota
    Unit A - Deuel, Hamlin, Codington, and Day Counties.
    Unit B - Brookings, Clark, Kingsbury, and Lake Counties and those 
portions of Moody County west of I-29 and Miner County east of SD 
Highway 25.

Pacific Flyway

    Idaho
    East Zone - Bonneville, Caribou, Fremont and Teton Counties.
    Oregon
    Northwest Zone - Benton, Clackamas, Clatsop, Columbia, Lane, 
Lincoln, Linn, Marion, Polk, Multnomah, Tillamook, Washington, 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, Cowlitz, 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.

[[Page 39735]]

    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 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 39736]]

[GRAPHIC] [TIFF OMITTED] TP23JY97.002


[FR Doc. 97-19397 Filed 7-22-97; 8:45 am]
BILLING CODE 4310-55-C