[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
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
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