[Federal Register Volume 63, Number 54 (Friday, March 20, 1998)]
[Proposed Rules]
[Pages 13748-13753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7382]



[[Page 13747]]

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Part V





Department of the Interior





_______________________________________________________________________



Fish and Wildlife Service



_______________________________________________________________________



50 CFR Part 20



Migratory Bird Hunting; Proposed 1998-1999 Migratory Game Bird Hunting 
Regulations (Preliminary) With Requests for Indian Tribal Seasons; 
Proposed Rule

  Federal Register / Vol. 63, No. 54 / Friday, March 20, 1998 / 
Proposed Rules  

[[Page 13748]]



DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AE93


Migratory Bird Hunting; Proposed 1998-1999 Migratory Game Bird 
Hunting Regulations (Preliminary) with Requests for Indian Tribal 
Seasons

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Fish and Wildlife Service (hereinafter the Service) 
proposes to establish annual hunting regulations for certain migratory 
game birds. The Service also requests proposals from Indian tribes that 
wish to establish special migratory bird hunting regulations. The 
establishment of these regulations will permit the taking of the 
designated species during the 1998-99 hunting season. The Service 
annually prescribes outside limits (frameworks) within which States may 
select hunting seasons. The Service has also employed guidelines to 
establish special migratory bird hunting regulations on Federal Indian 
reservations and ceded lands. These seasons provide hunting 
opportunities for recreation and sustenance; aid Federal, State, and 
tribal governments in the management of migratory game birds; and are 
designed to permit harvests at levels compatible with migratory bird 
population status and habitat conditions.

DATES: Tribes should submit proposals and related comments by June 2, 
1998. The comment period for proposed early-season frameworks will end 
on July 27, 1998; and for proposed late-season frameworks on September 
7, 1998. The Service will hold a public hearing for early-season 
frameworks on June 25, 1998, at 9 a.m. and late-season frameworks on 
August 6, 1998, at 9 a.m.

ADDRESSES: The Service will hold both public hearings in the 
Auditorium, Department of the Interior Building, 1849 C Street NW., 
Washington, DC. The public may submit written comments on the proposals 
and notice of intention to testify at either hearing to the Chief, 
Office of Migratory Bird Management, U.S. Fish and Wildlife Service, 
Department of the Interior, ms 634--ARLSQ, 1849 C Street, NW., 
Washington, DC 20240. All comments received, including names and 
addresses, will become part of the public record. The public may 
inspect comments received during normal business hours in room 634, 
Arlington Square Building, 4401 N. Fairfax Drive, Arlington, Virginia.

FOR FURTHER INFORMATION CONTACT: Ron W. Kokel at: Office of Migratory 
Bird Management, U.S. Fish and Wildlife Service, Department of the 
Interior, ms 634--ARLSQ, 1849 C Street, NW., Washington, DC 20240 (703) 
358-1714.

SUPPLEMENTARY INFORMATION: For administrative purposes, this document 
consolidates the notice of intent and request for tribal proposals with 
the preliminary proposals for the annual regulations-development 
process. The Service will publish the remaining proposed and final 
rulemaking documents separately. For inquiries on tribal guidelines and 
proposals, please contact the following personnel.

--Region 1--Brad Bortner, U.S. Fish and Wildlife Service, 911 N.E. 11th 
Avenue, Portland, Oregon 97232-4181; (503) 231-6164.
--Region 2--Jeff Haskins, U.S. Fish and Wildlife Service, P.O. Box 
1306, Albuquerque, New Mexico 87103; (505) 248-7885.
--Region 3--Steve Wilds, U.S. Fish and Wildlife Service, Federal 
Building, One Federal Drive, Fort Snelling, Minnesota 55111-4056; (612) 
725-3737.
--Region 4--Frank Bowers, U.S. Fish and Wildlife Service, 1875 Century 
Boulevard, Room 324, Atlanta, Georgia 30345; (404) 679-4000.
--Region 5--George Haas, U.S. Fish and Wildlife Service, 300 Westgate 
Center Drive, Hadley, Massachusetts 01035-9589; (413) 253-8576.
--Region 6--John Cornely, U.S. Fish and Wildlife Service, P.O. Box 
25486, Denver Federal Building, Denver, Colorado 80225; (303) 236-8145.
--Region 7--Robert Leedy, U.S. Fish and Wildlife Service, 1011 East 
Tudor Road, Anchorage, Alaska 99503; (907) 786-3423.

Notice of Intent to Establish Open Seasons

    This notice announces the intention of the Director, U.S. Fish and 
Wildlife Service, to establish open hunting seasons and daily bag and 
possession limits for certain designated groups or species of migratory 
game birds for 1998-1999 in the contiguous United States, Alaska, 
Hawaii, Puerto Rico, and the Virgin Islands, under Secs. 20.101 through 
20.107, 20.109, and 20.110 of subpart K of 50 CFR part 20.
    ``Migratory game birds'' are those bird species so designated in 
conventions between the United States and several foreign nations for 
the protection and management of these birds. All other birds 
designated as migratory (under 10.13 of Subpart B of 50 CFR Part 10) in 
the aforementioned conventions may not be hunted. For the 1998-99 
hunting season, the Service will propose regulations for certain 
designated members of the avian families Anatidae (ducks, geese, and 
swans); Columbidae (doves and pigeons); Gruidae (cranes); Rallidae 
(rails, coots, moorhens, and gallinules); and Scolopacidae (woodcock 
and snipe). These proposals are described under Proposed 1998-99 
Migratory Game Bird Hunting Regulations (Preliminary) in this document. 
Definitions of waterfowl flyways and mourning dove management units, as 
well as a description of the data used in and the factors affecting the 
regulatory process, were published in the March 14, 1990, Federal 
Register (55 FR 9618).

Regulatory Schedule for 1998-1999

    This is the first in a series of proposed and final rulemaking 
documents for migratory game bird hunting regulations. The Service will 
make proposals relating to the harvest of migratory game birds 
initiated after publication of this proposed rulemaking available for 
public review in supplemental proposed rulemakings published in the 
Federal Register. Also, the Service will publish additional 
supplemental proposals for public comment in the Federal Register as 
population, habitat, harvest, and other information become available.
    Because of the late dates when certain portions of these data 
become available, the Service anticipates that comment periods on some 
proposals will be necessarily abbreviated. Special circumstances limit 
the amount of time which the Service can allow for public comment on 
these regulations. Specifically, two considerations compress the time 
for the rulemaking process: the need, on one hand, to establish final 
rules at a time early enough in the summer to allow resource agencies 
to select and publish season dates and bag limits prior to the hunting 
seasons and, on the other hand, the lack of current data on the status 
of most migratory game birds until later in the summer.
    Because the process is strongly influenced by the times when 
information is available for consideration, the overall regulations 
process is divided into two segments. Early seasons are those seasons 
that generally open prior to October 1, and include seasons in Alaska, 
Hawaii, Puerto Rico, and the Virgin Islands. Late seasons are those 
seasons opening in the remainder of the United States about

[[Page 13749]]

October 1 and later, and include most of the waterfowl seasons.
    Major steps in the 1998-1999 regulatory cycle relating to public 
hearings and Federal Register notifications are illustrated in the 
accompanying diagram. Dates shown relative to publication of Federal 
Register documents are target dates.
    Sections of this and subsequent documents which outline hunting 
frameworks and guidelines are organized under numbered headings. These 
headings are:
1. Ducks
2. Sea Ducks
3. Mergansers
4. Canada Geese
5. White-fronted Geese
6. Brant
7. Snow and Ross's (Light) Geese
8. Swans
9. Sandhill Cranes
10. Coots
11. Moorhens and Gallinules
12. Rails
13. Snipe
14. Woodcock
15. Band-tailed Pigeons
16. Mourning Doves
17. White-winged and White-tipped Doves
18. Alaska
19. Hawaii
20. Puerto Rico
21. Virgin Islands
22. Falconry
23. Other
    Later sections of this and subsequent documents will refer only to 
numbered items requiring attention. Therefore, we will omit those items 
requiring no attention and remaining numbered items will be 
discontinuous and appear incomplete.

Public Hearings

    Two public hearings pertaining to 1998-1999 migratory game bird 
hunting regulations are scheduled. The Service will conduct both 
hearings in accordance with 455 DM 1 of the Departmental Manual. On 
June 25, the Service will hold a public hearing at 9 a.m. in the 
Auditorium of the Department of the Interior Building, 1849 C Street 
NW., Washington, DC. This hearing will review the status of migratory 
shore and upland game birds and discuss proposed hunting regulations 
for these species plus regulations for migratory game birds in Alaska, 
Hawaii, Puerto Rico, and the Virgin Islands; special September 
waterfowl seasons in designated States; special sea duck seasons in the 
Atlantic Flyway; extended falconry seasons; and proposed regulatory 
alternatives for the 1998-99 duck hunting season. On August 6, the 
Service will hold a public hearing at 9 a.m. in the Auditorium of the 
Department of the Interior Building, address above. This hearing will 
review the status and proposed regulations for waterfowl not previously 
discussed at the June 25 public hearing. The public is invited to 
participate in both hearings. Persons wishing to make a statement at 
these hearings should write to the address indicated under the caption 
ADDRESSES.

Requests for Tribal Proposals

Background

    Beginning with the 1985-86 hunting season, the Service has employed 
guidelines described in the June 4, 1985, Federal Register (50 FR 
23467) to establish special migratory bird hunting regulations on 
Federal Indian reservations (including off-reservation trust lands) and 
ceded lands. The Service developed these guidelines in response to 
tribal requests for Service recognition of their reserved hunting 
rights, and for some tribes, recognition of their authority to regulate 
hunting by both tribal and nontribal members throughout their 
reservations. The guidelines include possibilities for:
    (1) on-reservation hunting by both tribal and nontribal members, 
with hunting by nontribal members on some reservations to take place 
within Federal frameworks, but on dates different from those selected 
by the surrounding State(s);
    (2) on-reservation hunting by tribal members only, outside of usual 
Federal frameworks for season dates and length, and for daily bag and 
possession limits; and
    (3) off-reservation hunting by tribal members on ceded lands, 
outside of usual framework dates and season length, with some added 
flexibility in daily bag and possession limits.
    In all cases, the regulations established under the guidelines 
would have to be consistent with the annual March 10 to September 1 
closed season mandated by the 1916 Convention Between the United States 
and Great Britain (for Canada) for the Protection of Migratory Birds 
(Convention). The guidelines are capable of application to those tribes 
that have reserved hunting rights on Federal Indian reservations 
(including off-reservation trust lands) and ceded lands. They also 
apply to the establishment of migratory bird hunting regulations for 
nontribal members on all lands within the exterior boundaries of 
reservations where tribes have full wildlife management authority over 
such hunting, or where the tribes and affected States otherwise have 
reached agreement over hunting by nontribal members on non-Indian 
lands.
    Tribes usually have the authority to regulate migratory bird 
hunting by nonmembers on Indian-owned reservation lands, subject to 
Service approval. The question of jurisdiction is more complex on 
reservations that include lands owned by non-Indians, especially when 
the surrounding States have established or intend to establish 
regulations governing hunting by non-Indians on these lands. In such 
cases, the Service encourages the tribes and States to reach agreement 
on regulations that would apply throughout the reservations. When 
appropriate, the Service will consult with a tribe and State with the 
aim of facilitating an accord. The Service also will consult jointly 
with tribal and State officials in the affected States where tribes may 
wish to establish special hunting regulations for tribal members on 
ceded lands. As explained in previous rulemaking documents, it is 
incumbent upon the tribe and/or the State to put forward a request for 
consultation as a result of the proposal being published in the Federal 
Register. The Service will not presume to make a determination, without 
being advised by a tribe or a State, that any issue is/is not worthy of 
formal consultation.
    One of the guidelines provides for the continuation of harvest of 
migratory game birds by tribal members on reservations where it is a 
customary practice. The Service does not oppose this harvest, provided 
it does not take place during the closed season required by the 
Convention, and it is not so large as to adversely affect the status of 
the migratory bird resource. For several years, the Service has reached 
annual agreement with tribes for hunting by tribal members on their 
lands or on lands where they have reserved hunting rights. The Service 
will continue to consult with tribes that wish to reach a mutual 
agreement on hunting regulations for on-reservation hunting by tribal 
members.
    The guidelines should not be viewed as inflexible. Nevertheless, 
the Service believes that they provide appropriate opportunity to 
accommodate the reserved hunting rights and management authority of 
Indian tribes while ensuring that the migratory bird resource receives 
necessary protection. The conservation of this important international 
resource is paramount. Use of the guidelines is not required if a tribe 
wishes to observe the hunting regulations established by the State(s) 
in which the reservation is located.

[[Page 13750]]

Details Needed in Tribal Proposals

    Tribes that wish to use the guidelines to establish special hunting 
regulations for the 1998-99 hunting season must submit a proposal that 
includes:
    (1) the requested hunting season dates and other details regarding 
regulations to be observed;
    (2) harvest anticipated under the requested regulations;
    (3) methods that will be employed to measure or monitor harvest 
(mail-questionnaire survey, bag checks, etc.);
    (4) steps that will be taken to limit level of harvest, where it 
could be shown that failure to limit such harvest would seriously 
impact the migratory bird resource; and
    (5) tribal capabilities to establish and enforce migratory bird 
hunting regulations.
    A tribe that desires the earliest possible opening of the waterfowl 
season should specify this in the proposal, rather than request a date 
that might not be within the final Federal frameworks. Similarly, 
unless a tribe wishes to set more restrictive regulations than Federal 
regulations will permit, the proposal should request the same daily bag 
and possession limits and season length for ducks and geese that 
Federal regulations are likely to permit the States in the Flyway in 
which the reservation is located.

Tribal Proposal Procedures

    The Service will publish pertinent details in tribal proposals for 
public review in later Federal Register documents. Because of the time 
required for Service and public review, Indian tribes that desire 
special migratory bird hunting regulations for the 1998-99 hunting 
season should submit their proposals as soon as possible, but no later 
than June 2, 1998. Tribes should direct inquiries regarding the 
guidelines and proposals to the appropriate Service Regional Office 
listed under the caption Supplementary Information. Tribes that request 
special hunting regulations for tribal members on ceded lands should 
send a courtesy copy of the proposal to officials in the affected 
State(s).

Public Comments Solicited

    The policy of the Department of the Interior is, whenever 
practicable, to afford the public an opportunity to participate in the 
rulemaking process. Accordingly, interested persons are invited to 
submit written comments, suggestions, or recommendations regarding the 
proposed regulations. Promulgation of final migratory game bird hunting 
regulations will take into consideration all comments received by the 
Service. Such comments, and any additional information received, may 
lead to final regulations that differ from these proposals. Interested 
persons are invited to participate in this rulemaking by submitting 
written comments to the address indicated under the caption ADDRESSES.
    The public may inspect comments received on the proposed annual 
regulations during normal business hours at the Service's office in 
room 634, 4401 North Fairfax Drive, Arlington, Virginia. For each 
series of proposed rulemakings, the Service will establish specific 
comment periods. The Service will consider, but possibly may not 
respond in detail to, each comment. As in the past, the Service will 
summarize all comments received during the comment period and respond 
to them after the closing date.

Flyway Council Meetings

    Departmental representatives will be present at the following 
winter meetings of the various Flyway Councils:
    DATE: March 19 and 20, 1998
--Central Flyway Council, 8:00 a.m.
    DATE: March 19 and 23, 1998
--National Waterfowl Council, 1:00 p.m.
    DATE: March 20, 1998
--Atlantic Flyway Council, 8:00 a.m.
--Mississippi Flyway Council, 10:30 a.m.
    DATE: March 21 and 22, 1998
--Pacific Flyway Council, 3:00 p.m. and 9:30 a.m., respectively

    The Council meetings will be held at the Omni Rosen Hotel, 9840 
International Drive, Orlando, Florida 32819-8122.

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 the Environmental Protection Agency on June 9, 1988. 
Notice of Availability was published in the Federal Register on June 
16, 1988 (53 FR 22582). The Service's Record of Decision was published 
on August 18, 1988 (53 FR 31341). In addition, an August 1985 
environmental assessment entitled ``Guidelines for Migratory Bird 
Hunting Regulations on Federal Indian Reservations and Ceded Lands'' is 
available from the Service at the address indicated under the caption 
ADDRESSES.

Endangered Species Act Consideration

    Prior to issuance of the 1998-99 migratory game bird hunting 
regulations, the Service will consider provisions of the Endangered 
Species Act of 1973, as amended, (16 U.S.C. 1531-1543; hereinafter the 
Act) to ensure that hunting is not likely to jeopardize the continued 
existence of any species designated as endangered or threatened or 
modify or destroy its critical habitat and is consistent with 
conservation programs for those species. Consultations under Section 7 
of this Act may cause the Service to change proposals in this and 
future supplemental proposed rulemaking documents.

Executive Order (E.O.) 12866

    This rule is economically significant and was reviewed by the 
Office of Management and Budget (OMB) under E.O. 12866.

Regulatory Flexibility Act

    These regulations have a significant economic impact on substantial 
numbers of small entities under the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.). The economic impacts of the annual hunting 
regulations on small business entities were analyzed in detail and a 
Small Entity Flexibility Analysis (Analysis) was issued by the Service 
in 1996. The Analysis documented the significant beneficial economic 
effect on a substantial number of small entities. The primary source of 
information about hunter expenditures for migratory game bird hunting 
is the National Hunting and Fishing Survey, which is conducted at 5-
year intervals. The Analysis utilized the 1991 National Hunting and 
Fishing Survey and the U.S. Department of Commerce's County Business 
Patterns from which it was estimated that migratory bird hunters would 
spend between $254 and $592 million at small businesses in 1996.
    Copies of the Analysis are available upon request from the Office 
of Migratory Bird Management. The address is indicated under the 
caption ADDRESSES.

Paperwork Reduction Act

    The Department examined these regulations under the Paperwork 
Reduction Act of 1995 and found no information collection requirements.

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.

[[Page 13751]]

Civil Justice Reform--Executive Order 12988

    The Department, in promulgating this proposed rule, has determined 
that these regulations meet the applicable standards found 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 1998-99 
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: March 4, 1998
Donald Barry,
Acting Assistant Secretary for Fish and Wildlife and Parks.

Proposed 1998-1999 Migratory Game Bird Hunting Regulations 
(Preliminary)

    Pending current information on populations, harvest, and habitat 
conditions, and receipt of recommendations from the four Flyway 
Councils, specific framework proposals (including opening and closing 
dates, seasons lengths, and bag limits) may be deferred. Unless 
otherwise specified, no change from the final 1997-98 frameworks of 
August 20 and September 26, 1997, (62 FR 44229 and 50660) is proposed. 
Specific preliminary proposals that vary from the 1997-98 frameworks 
and issues requiring early discussion, action, or the attention of the 
States or tribes are contained below:

1. Ducks

A. Harvest Strategy Considerations

    Adaptive harvest management (AHM) was introduced in 1995 to help 
managers better understand the impacts of regulations on waterfowl 
harvest and population levels. In addition, AHM is intended to provide: 
(1) a more objective, better informed, and less contentious decision-
making process; (2) an explicitly defined role for monitoring programs 
in setting regulations; and (3) a formal and coherent framework for 
addressing controversial harvest-management issues.
    Since 1995, the AHM process has focused primarily on midcontinent 
mallards. However, there continues to be considerable interest in 
accounting for mallards breeding eastward and westward of the 
midcontinent region. The ultimate goal is to develop Flyway-specific 
harvest strategies, which represent an average of optimal strategies 
for each mallard breeding stock, weighted by the relative contribution 
of each stock to the respective Flyways. The Service and States also 
have expressed interest in extending the AHM protocol to other 
important species such as pintails, teal, and black ducks.
    Harvest strategies that account for important biological 
differences in duck stocks are expected to yield the highest management 
benefits, but also are characterized by relatively high monitoring and 
assessment costs. Thus, the Service believes objective assessments of 
the tradeoff in costs and benefits are necessary for deciding when the 
AHM protocol should be extended to various duck stocks. Preliminary 
investigations using the tools of decision-theory suggest that 
management benefits may be less sensitive to biological differences in 
duck stocks than commonly believed. If so, cost considerations will 
motivate managers to implement AHM strategies based explicitly on just 
a few stocks (e.g., western, midcontinent, and eastern mallards).
    Determining the degree to which AHM strategies should account for 
important sources of biological variation is an incredibly difficult 
challenge, and one that will require considerable effort and focus by 
the AHM Working Group. The AHM Working Group is comprised of 
representatives from the U.S. Fish and Wildlife Service, the four 
Flyway Councils, and the Canadian Wildlife Service and was established 
in 1992 to assist with implementation of AHM. The working group 
continues to meet at least once a year to pursue AHM conceptual 
development and to consider technical and communication issues for the 
current regulatory cycle.
    The Service believes requests for further changes to the set of 
regulatory alternatives established in 1997 likely would delay 
extension of AHM to stocks other than midcontinent mallards. Therefore, 
future proposals to change the regulatory alternatives will be viewed 
critically and reasons for change should be compelling. This means that 
proposals should enjoy broad-based support and should be accompanied by 
strong rationale, including a recognition of impacts on both harvest 
and learning rates, as well as on other AHM priorities.

B. Framework dates

    During 1997 the Service attempted to address concerns about the set 
of regulatory alternatives that had been used for AHM since the 1995 
hunting season. Based on extensive input from the Flyway Councils and 
others, the regulatory alternatives considered for the 1997 season were 
modified to include: (1) 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 
bag limit of hen mallards in the ``moderate'' and ``liberal'' 
alternatives. No changes were made to the traditional framework dates 
of roughly October 1 to January 20.
    The Service received extensive public comment both supporting and 
opposing extensions of traditional framework dates. By August of last 
year, the issue had became highly divisive and politically-charged. 
Ultimately, the Service was directed by the U.S. Congress to review 
existing information on framework extensions and to consult further 
with the States and International Association of Fish & Wildlife 
Agencies.
    Following the guidance provided by Congress, the Service has 
prepared a summary of the effects of framework extensions in 
Mississippi and Iowa, and of predicted impacts of large-scale framework 
extensions on the regulation of mallard harvests. Available data 
generally reflect increases in the harvest of most duck species due to 
framework extensions in Mississippi and Iowa, although the magnitude of 
the increases could not be estimated precisely. Based on these results, 
large-scale extensions of framework dates could decrease the frequency 
of years with liberal regulations from 70 to 15 percent, while 
increasing the frequency of years with restrictive regulations from 11 
to 42 percent. The Service's report is now available to the Flyway 
Councils, States, and public for further consultation.

G. Special Seasons/Species Management

    i. Canvasbacks
    The Service continues to support the canvasback harvest strategy 
adopted in 1994. Last year, the Service noted its intent to review 
recent data and assess how well observed harvests and population 
abundance were predicted by the strategy (62 FR 50662). The assessment 
is nearing completion, and will be available for review by the Flyway 
Technical Sections at their meetings during February and March, 1998.
    ii. September Teal/Wood Duck Seasons
    These experimental seasons have been held in Florida, Kentucky, and 
Tennessee since 1981. The Service has consistently stated that 
continuation of September wood duck seasons is contingent on the 
development of regional wood duck population monitoring programs, as 
well as evaluation and decision criteria for these seasons. The final 
report of the

[[Page 13752]]

``Wood Duck Population Monitoring Initiative'' (Initiative) completed 
in July 1997 indicated that monitoring programs at geographic scales 
below the flyway level are not meeting requisite sample sizes. 
Therefore, harvest management strategies aimed at scales below the 
flyway level likely is not feasible.
    An evaluation of September wood duck seasons was recently completed 
and a draft report will be made available to the Atlantic and 
Mississippi Flyway Councils for their review during February 1998. 
Results from the evaluation indicate that estimates of population 
parameters for individual states are usually imprecise, which often 
precludes drawing meaningful conclusions. In light of these results, as 
well as those from the Initiative, the Service may propose suspension 
of September wood duck seasons this year.

2. Sea Ducks

A. Special Sea Duck Seasons in the Atlantic Flyway

    At the request of the Atlantic Flyway Council, the Service has 
investigated the effects of bag limit restrictions on scoters that were 
initiated in the Atlantic Flyway in 1993. In addition, the Service has 
reviewed other features of this special season and the biological 
status of sea ducks in eastern North America. A draft report, titled 
``Status of Sea Ducks in Eastern North America and a Review of the 
Special Sea Duck Season in the Atlantic Flyway'' will be available from 
the Office of Migratory Bird Management by late-February, 1998. This 
report recommends consideration of several changes to sea duck hunting 
seasons in the Atlantic Flyway, including changes to sea duck hunting 
zones, bag limits, and season lengths. The Service seeks from the 
Atlantic Flyway Council and others comments on the draft report, 
consideration of changes to sea duck seasons in 1998 in the Atlantic 
Flyway, and progress toward development of management goals for sea 
ducks.
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