[Federal Register Volume 63, Number 137 (Friday, July 17, 1998)]
[Proposed Rules]
[Pages 38700-38718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19124]



[[Page 38699]]

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Part III





Department of the Interior





_______________________________________________________________________



Fish and Wildlife Service



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50 CFR Part 20



Migratory Bird Hunting: Proposed



Frameworks for Early-Season Migratory Bird Hunting Regulations and 
Regulatory Alternatives for the 1998-99 Duck Hunting Season Meeting; 
Proposed Rule

  Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / 
Proposed Rules  

[[Page 38700]]



DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AE93


Migratory Bird Hunting; Proposed Frameworks for Early-Season 
Migratory Bird Hunting Regulations and Regulatory Alternatives for the 
1998-99 Duck Hunting Season; Notice of Meeting

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 1998-99 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 regulatory 
alternatives for the 1998-99 duck hunting season.

DATES: The comment period for proposed early-season frameworks will end 
on July 31, 1998; and for late-season proposals on September 7, 1998. 
The Service will hold a public hearing on late-season regulations 
August 6, 1998, starting at 9 a.m.

ADDRESSES: The Service will hold a public hearing August 6 in the 
Department of the Interior's South Auditorium, 1951 Constitution 
Avenue, NW., Washington, DC. This hearing was previously announced in 
the May 29, 1998 Federal Register (63 FR 29518) as taking place at the 
Main 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 1998

    On March 20, 1998, the Service published in the Federal Register 
(63 FR 13748) 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 May 29, 1998, the Service published in the 
Federal Register (63 FR 29518) a second document providing supplemental 
proposals for early- and late-season migratory bird hunting regulations 
frameworks and the proposed regulatory alternatives for the 1998-99 
duck hunting season. The May 29 supplement also provided detailed 
information on the 1998-99 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 regulatory alternatives for the 1998-99 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 1998-99 season. The Service has considered all pertinent 
comments received through July 1, 1998, 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 21, 1998.
    This supplemental proposed rulemaking consolidates further changes 
in the original framework proposals published in the March 20 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.
    Mr. James R. Kelley, Jr., Wildlife Biologist, Population and 
Habitat Assessment Section, provided preliminary information from the 
May Breeding Waterfowl and Habitat survey conducted each year by the 
U.S. Fish and Wildlife Service in conjunction with the Canadian 
Wildlife Service and various State and provincial cooperators. 
Estimates of ponds and duck abundance that were presented are 
preliminary and subject to change upon further verification. Palmer 
drought indices for mid to late May indicated a large area of moderate 
to severe dryness in the prairie pothole region, especially in western 
and central areas. Moderate to extreme wetness was indicated in 
portions of the eastern Dakotas. Breeding habitat conditions as 
determined by biologists in surveyed areas indicate substantial changes 
from 1997. In Alaska, there was very little flooding associated with 
ice break-up this spring, which will favor waterfowl production. 
Eastern and central portions of Alaska experienced early spring break-
up and production will be good to excellent. South-central and western 
tundra areas had a cool wet spring and production should be fair to 
good.
    Throughout much of Canada and the northern tier of the U.S. spring 
conditions arrived up to 2 weeks earlier than normal and precipitation 
was below normal in many regions. Western prairie pothole and parkland 
areas, as well as Montana, experienced fair to poor habitat conditions, 
which is a major deterioration from last year's favorable conditions. 
Numerous forest fires persisted throughout much of May in northern 
parkland regions of western Canada. Fair to poor conditions extended 
into southern Manitoba. However, northern Saskatchewan and Manitoba, as 
well as the Dakotas had mostly good to excellent habitat conditions. In 
western Ontario, ice-out was very early and the habitat outlook was 
excellent. In eastern regions, good to excellent conditions extended 
from Maine to eastern and central Ontario. However, the outlook for 
southern Ontario was only fair.
    The preliminary 1998 estimate of May ponds in the traditional 
survey area is 4.6 million, which is a 38% decrease from 1997, but is 
similar to the long-term average. The number of ponds in Prairie Canada 
is 2.5 million, which is 50% lower than in 1997 and 27% below the long-
term average. In the northcentral U.S., May ponds were estimated at 2.1 
million, which is 14% below 1997 but is 44% above the long-term 
average.
    The 1998 total duck population estimate for the traditional survey 
area

[[Page 38701]]

is 37.5 million birds. This estimate is 12% lower than that of 1997, 
but is 15% above the long-term average. For the early season 
regulations meeting the breeding population estimate for blue-winged 
teal is of particular interest. This year's preliminary estimate for 
blue-wing teal is 6.5 million, which would be the highest estimate on 
record, but is not significantly different from 1997. This estimate is 
52% above the long-term average. Unfortunately, harvest estimates from 
the 1997 September teal season are not available at this time. Updated 
band-recovery information indicates that direct recovery rates in 1997 
remained below 2% for all reference areas, and are similar to recovery 
rates observed in years in which September teal seasons were held 
previously. However, until a new band-reporting rate study is 
conducted, we cannot determine teal harvest rates from banding data.
    Dr. Dave Caithamer, Wildlife Biologist, reviewed the status of 
several populations of Canada geese for which the Service is proposing 
September seasons. In Alaska, five subspecies of Canada geese are 
hunted including Dusky Canada geese and Cackling Canada geese. Numbers 
of Dusky Canada geese, which nest primarily in the Copper River Delta 
of Alaska, have declined steadily since an earthquake in 1964 altered 
their nesting habitat and resulted in lowered recruitment rates. The 
January 1997 population index revealed approximately 21,300 geese, 
which is significantly greater than the previous year's estimate of 
11,200. The Service remains concerned about the continued poor status 
of this population. The December 1997 survey of Cackling Canada geese 
revealed 205,000 geese. No comparable survey was conducted in the 
previous year. However, this population has grown about 11 percent per 
year since 1988. 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 is surveyed 
during winter and spring surveys. These surveys indicate an increasing 
or stable population since 1988. However, results from neither of these 
surveys are available from the surveys conducted in 1998. The December 
1997 composite index of Great Plains and Western Prairie Populations of 
Canada geese in the Central Flyway was 482,000 birds, which represents 
a 6 percent increase from 1996. Population estimates obtained from 
spring surveys increased at an average rate of 4 percent per year since 
1988. The population of Mississippi Flyway giant Canada geese has 
increased in recent years, and the population estimates for the spring 
of 1997 was approximately 1 million geese. 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 about 1 million 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. The Service 
recognizes the challenge facing management agencies which are striving 
to increase migrant populations, while simultaneously attempting to 
control resident populations.
    Dr. Caithamer also summarized the status of several populations of 
sea ducks. During 1972-1996, breeding population estimates of oldsquaws 
declined 5 percent per year, while those of scoters declined 2 percent 
per year. Christmas Bird Counts conducted along across the continent 
indicate that white-winged scoters declined 2 percent per year during 
1972-95, while no trends were detected for the other species of 
scoters, common eiders, oldsquaws, and harlequin ducks. In the Atlantic 
Flyway, indices of trends for oldsquaws were inconsistent. Common eider 
populations in the U.S. portion of the Atlantic Flyway appear to have 
increased since 1972. Indices of scoter abundance in the Atlantic 
Flyway suggest declining or stable populations. In the Pacific Flyway, 
Christmas Bird Counts of white-winged scoters declined 2 percent per 
year during 1972-1995.
    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 1998 preliminary spring index, 
uncorrected for visibility, was 335,000. This index is 5 percent lower 
than the 1997 index of 351,000. The photo-corrected 3-year average for 
the 1995-97 period was 460,265, which was 4 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 1997-98; about 46,800 Federal permits were issued 
and approximately 8,850 permittees hunted one or more times. The number 
of active hunters were 21 percent higher than the previous year's 
seasons. About 20,668 cranes were harvested in 1997-98 in the Central 
Flyway, a 21 percent increase from the previous year's high estimate. 
Harvests from Pacific Flyway, Canada and Mexico are estimated to be 
about 10,000 for 1997-98 sport-hunting seasons. The total North 
American sport harvest including crippling losses was estimated to be 
about 36,535 for the Mid-Continent Population.
    The fall 1997 pre-migration survey for the Rocky Mountain 
Population was 18,036, which is 6% larger than the 1996 estimate. 
Limited special seasons were held during 1997 in portions of Arizona, 
Idaho, Montana, New Mexico, Utah, and Wyoming, and resulted in an 
estimated harvest of 453 cranes.
    Dr. John Bruggink, Eastern Shore and Upland Game Bird Specialist, 
reported on the 1998 status of the American woodcock. The 1997 
recruitment index for the Eastern Region (1.4 immatures per adult 
female) was 18 percent below the long-term regional average; the 
recruitment index for the Central Region (1.4 immatures per adult 
female) also was 18 percent below the long-term regional average. 
Singing-ground Survey data indicated that the number of displaying 
woodcock in the Eastern Region was unchanged (P>0.1) from 1997 levels. 
In the Central Region, there was a 24 percent increase (P<0.01) over 
1997 levels in the number of woodcock heard displaying. Trends from the 
Singing-ground Survey during 1988-98 were negative (-4.3 and -4.2 
percent per year for the Eastern and Central regions, respectively; 
P<0.01). There were long-term (1968-98) declines (P<0.01) of 2.6 
percent per year in the Eastern Region and 1.6 percent per year in the 
Central Region.
    Mr. David Dolton, Western Shore and Upland Game Bird Biologist, 
presented the mourning dove population status. The report summarized 
call-count information gathered over the past 33 years. Trends were 
calculated for the most recent 2 and 10-year intervals and for the 
entire 33-year period. Between 1997 and 1998, the average number of 
doves heard per route increased significantly in the Eastern Management 
Unit. There was no significant change in doves heard in either the 
Central or Western Units. Over the 10-year period, a significant 
decline was indicated in doves heard for both the Eastern and Western 
Management Units while a decline in the Central Unit was not 
significant. Between 1966 and 1998, all three management units 
exhibited significant declines in doves heard.

[[Page 38702]]

    Mr. Dolton also presented the status of white-winged doves. In 
Arizona, the 1998 call-count index of 35 doves heard per route was 
higher than the index of 31 doves per route in 1997. In the Lower Rio 
Grande Valley of Texas, the total number of whitewings estimated to be 
breeding was about 424,000, an increase of 9 percent from 1997 and 4 
percent above the previous 10-year average. Additionally, about 23,000 
whitewings were estimated to be nesting in West Texas, 62,000 in the 
Lake Corpus Christi area, and 709,000 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 279,000 in 1998. The 
remainder of South Texas has increased from 95,000 in 1989 to 430,000 
in 1998. The grand total of 1.2 million whitewings was up slightly from 
the 1.1 million estimated for 1997. Breeding has now been documented in 
Wichita Falls and Amarillo.
    Next, Mr. Dolton reported on white-tipped doves in Texas. In 1998, 
an average of 0.41 whitetips were heard per stop on 653 stops, an 
increase of 17 percent over 1997. The annual harvest of these birds is 
small; in 1996 it was less than 4,000 birds.
    Last, Mr. Dolton presented information on band-tailed pigeons. For 
the Coastal Population, the Breeding Bird Survey indicated a 
significant decline between 1968 and 1996. Data for 1997 are not 
available at this time. There has also been a significant decline over 
the most recent 10-year period, 1986-96. Late August mineral spring 
counts conducted in Oregon indicate that the pigeon population 
increased 16 percent between 1996 and 1997 from 8,874 to 9,075. 
Washington's call-count survey showed no significant change between 
1996 and 1997. No significant trend is evident in the population from 
1975-97. However, there has been a significant increase over the most 
recent 5 years, 1993-97. Two indirect population estimates suggest that 
the population was somewhere between 2.4 and 3.1 million birds in 1992. 
Bag limits and season lengths continue to be restricted. In Oregon, the 
1996 harvest estimate was 3,300 birds while, in California, it was 
13,700. 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 Interior population 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

    Mr. Brad Bales, gamebird program coordinator for the Oregon 
Department of Fish and Wildlife, made two statements on behalf of two 
separate organizations. The first, on behalf of the National Flyway 
Council, was an announcement that the National Flyway Council would 
establish a committee to address the framework question from a national 
perspective. At their next meeting, the National Flyway Council will 
determine the composition of the group and establish a time frame for 
the committee to complete their work and make their recommendations 
back to the National Flyway Council.
    Mr. Bales' second comment was on behalf of the Pacific Flyway 
Council. He indicated that the Pacific Flyway Council urged the Service 
not to extend the framework dates for duck hunting in the lower 
Mississippi Flyway as recently proposed in the Federal Register. 
Further, he offered the support of the Pacific Flyway Council for the 
effort proposed by the National Flyway Council.
    Mr. Robert McDowell, representing the Atlantic Flyway Council 
thanked the Service for providing more hunting opportunity during the 
Youth Hunt Day by allowing geese to be included in the bag limit. Also, 
he thanked the Service for agreeing to clarify the sea duck bag limits. 
He expressed appreciation for approving Florida's September Duck Season 
and for authorizing a 9-day September Teal Season in a portion of the 
Atlantic Flyway. However, he asked the Service to reconsider a 16-day 
teal season. Also, he asked the Service to reconsider New York's 
proposal to expand their early Canada goose season in the Montezuma 
area. He stressed the Flyway's proposal that framework dates remain 
fixed where they currently are in all Flyways and disapproved of 
attempts occurring outside the formal regulatory process to change 
them. He further indicated that if the Service finalized the proposed 
framework closing date extensions, all States should have the same 
opportunity. He supported the National Flyway Council efforts to 
resolve this problem that is divisive among Flyways.
    Mr. Charles Kelley, representing the Alabama Department of 
Conservation and Natural Resources, commented in support of the 
proposed extension of the framework closing date for duck hunting, 
stating that the State had been requesting an extension for a number of 
years because a later hunting season would allow them to take better 
advantage of duck abundance in the State.

Written Comments Received

    The preliminary proposed rulemaking, which appeared in the March 20 
Federal Register, opened the public comment period for migratory game 
bird hunting regulations. The supplemental proposed rule, which 
appeared in the May 29 Federal Register, defined the public comment 
period for the Service's proposed regulatory alternatives for the 1998-
99 duck hunting season. The public comment period for the proposed 
regulatory alternatives ended July 1, 1998. Early-season comments and 
comments pertaining to the proposed alternatives are summarized below 
and numbered in the order used in the March 20 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

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 May 29, 1998, the Service 
published for public comment the proposed regulatory alternatives for 
the 1998-99 duck hunting season (63 FR 29518). The proposed regulatory 
alternatives were identical to the alternatives utilized in 1997-98 
except for the proposal to offer an extension of the framework closing 
date to no later than January 31 in those States in the Lower Region of 
the Mississippi Flyway (Arkansas, Alabama, Kentucky, Louisiana, 
Mississippi, and Tennessee). Further discussion of the framework issue 
can be found in B. Framework Dates.

[[Page 38703]]

    Council Recommendations: All four Flyway Councils generally 
endorsed continuation of the 1997-98 regulatory alternatives. 
Modifications recommended by the Councils were identified and discussed 
in the May 29, 1998, Federal Register. The recommendations are 
reiterated below and modified where necessary based on subsequent 
comments received from the Flyway Councils.
    The Atlantic Flyway Council recommended that the duck hunting 
packages used for the 1997-98 season be continued for the 1998-99 
season.
    The Upper-Regulations Committee of the Mississippi Flyway Council 
recommended that the 1997-98 regulations packages be maintained for the 
1998-99 duck season. These consisted of 20-, 30-, 45-, and 60-day 
seasons, with bag limits ranging from 3 to 6 ducks, including 
appropriate species restrictions, and frameworks dates from the 
Saturday nearest October 1 to the Sunday nearest January 20.
    The Lower-Region Regulations Committee of the Mississippi Flyway 
Council recommended that the regulatory packages for the 1997-98 season 
be continued in 1998-99, with the exception of framework dates (see 
further discussion in B. Framework Dates).
    The Central Flyway Council recommended that the duck hunting 
packages used for the 1997-98 season be continued for the 1998-99 
season.
    Service Response: For the 1998-99 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 recommended no change to the current framework dates, believing 
that extensions would be premature without knowing the potential 
harvest impacts, which could reduce the frequency of liberal 
regulations and would reduce the likelihood that eastern mallards will 
be fully incorporated into Adaptive Harvest Management (AHM) this year. 
In a subsequent letter, the Council opposed the Service's May 29, 1998, 
framework extension proposal because the proposal was developed outside 
the normal Flyway meeting schedule which prohibited Flyway Council 
review. The Council voiced concerns regarding the impact on the AHM 
process, adverse impacts on hunting opportunities across all Flyways to 
accommodate desires of a small region which already enjoys very high 
hunter success, negative biological impacts on mallard pairing and hen 
body condition, and impacts on eastern mallard stocks, black ducks, and 
wood ducks. They believe the proposal calls into question the fair 
allocation of a shared resource and mechanisms used to achieve that 
allocation. The Council warned that allowing extensions without using 
existing Flyway Council protocol would fracture the existing Flyway 
system and politicize the system. The Council recommended delaying 
action on frameworks for at least one year to allow appropriate State 
and Flyway review.
    The Lower-Region Regulations Committee of the Mississippi Flyway 
Council recommended the Service allow States to choose a framework 
closing date as late as January 31 with a 10% penalty in days.
    The Upper-Region Regulations Committee of the Mississippi Flyway 
Council recommended no change in existing framework dates. The 
Committee also recommended that if the Service were to offer States the 
opportunity to extend frameworks, the extension should be coupled with 
a commensurate reduction in season length and/or bag limits in the 
participating States to offset the predicted increase in harvest.
    The Central Flyway Council recommended maintaining the current 
opening and closing framework dates adopted under AHM. However, at some 
future date, when the packages are reviewed for modification, the 
Council recommended that the framework dates issue should be 
cooperatively dealt with by all Flyways in seeking an agreement for 
equitable harvest opportunity. In a subsequent letter, the Council 
opposed the Service's May 29, 1998, proposal because it was developed 
outside the normal Flyway Council/Service review process. They believe 
the proposal's adoption will create animosity among States and erode 
the cooperative framework the Council system has provided for the past 
fifty years, and threaten the success of AHM. The Council perceives the 
extension issue as one of fair allocation of harvest opportunity. The 
Council is concerned that other States are not being offered the 
extension and may be held to a more stringent criteria for future 
changes. The Council urged the Service to work with Flyways to continue 
development of the AHM program, which the Council believes will promote 
enhanced hunting opportunities in the future. The Council stated that 
both early and late framework issues should be addressed when AHM 
packages are next revised and that they look forward to working with 
the other Flyways and the Service towards an agreement on equitable 
harvest opportunity.
    The Pacific Flyway Council recommended maintaining the current 
opening and closing duck season framework dates adopted under AHM for 
the near future.
    Written Comments: The Mississippi Department of Wildlife, 
Fisheries, and Parks commented in favor of extending the framework 
closing date to January 31 and submitted an analysis of data based on 
the most recent two years. Although their analysis indicated an 
appropriate reduction in season length of 3 days, they proposed to 
reduce the season length 8 days, based on a more liberal estimate of 
harvest increases.
    The Kentucky Department of Fish and Wildlife Resources communicated 
their interest in having the option of a January 31 framework closing 
date. While the State had no specific data related to an appropriate 
penalty for the extension, they believed Mississippi's analysis was 
applicable for the Lower Region at this time, unless more appropriate 
analyses had been conducted elsewhere. Kentucky urged the Service to 
develop final framework packages based on the information that most 
accurately reflects the anticipated impacts.
    The Arkansas Game and Fish Commission expressed concern that the 
framework issue had been pursued largely outside the Flyway Council 
process and threatened the long-term waterfowl management process, but 
believed a component of its hunters was interested in the extended 
opportunity. Arkansas expressed concern over the potential for the 
extensions to result in more restrictive harvest regulations in the 
future, and the inability to accurately measure harvest rates and 
assess impacts of the extensions.
    The Tennessee Wildlife Resources Agency stated that the recent 
warmer-than-normal conditions had renewed sportsmen's interest in 
framework extensions. The State pledged the assistance of its personnel 
to help resolve the framework issue in a fair, equitable, and non-
divisive manner. An Agency resolution called for the Service and the 
Mississippi Flyway Council to

[[Page 38704]]

work towards extending season frameworks in a fair and equitable manner 
for the 1998-99 season and beyond.
    The Louisiana Department of Wildlife and Fisheries supported a 
framework extension to January 31 as long as the State's participation 
does not require a reduction in hunting days or bag limits. Louisiana 
was disappointed by the proposed rule and hoped the Service would 
develop a practical resolution to this contentious issue. A 1997 
opinion survey of Louisiana hunters indicated a large majority 
preferred a January 31 closing date and State waterfowl survey data 
indicate that more ducks are in Louisiana during December and January. 
The State was unable to develop, in the allotted period, an estimate of 
the impact on harvest rates that they would consider reliable.
    The Alabama Department of Conservation and Natural Resources stated 
that they had supported framework extensions in Alabama for many years 
and support maximizing hunting opportunities as long as the resource is 
not negatively impacted. The Department stated that Alabama hunter 
success is near or below the Mississippi Flyway average as shown by 
seasonal duck harvest per hunter and that an increased proportion of 
mallards harvested in Alabama may help offset the long-term decline in 
Canada goose harvest opportunity in Alabama. Alabama had no data 
regarding an offset penalty and would rely on the analysis from 
Mississippi.
    The Pennsylvania Game Commission opposed the extension proposal. 
Pennsylvania stated the proposal was developed without consultation 
with the other Flyway Councils, it conflicted with cooperatively 
developed AHM packages, and would confound attempts to assess impacts 
of season length on harvest. Concern was expressed about the potential 
for increased harvest of eastern duck stocks and the potential for more 
restrictive harvest opportunities on a broad scale if frameworks were 
extended in southern States. Pennsylvania believed that, at the very 
least, consideration of this proposal should be delayed until Flyway 
Councils and the AHM working group had assessed its ramifications.
    The South Carolina Department of Natural Resources objected to the 
proposal to limit the extension of the framework closing date to the 
southern portion of the Mississippi Flyway. They stated that waterfowl 
hunters in South Carolina have been dissatisfied with the framework 
dates for a very long time, and the proposal to restrict the extension 
is arbitrary and capricious and violates the tenet of ``fairness'' that 
we have operated under for so many years as relates to the nationwide 
management of migratory birds through the regulatory process 
administered by the Service. They recommended that the same option for 
extension of the framework closing date be offered to States in the 
southern portion of the Atlantic Flyway.
    The Georgia Department of Natural Resources did not support the 
extension proposal because it undermined the primary goals of the AHM 
process which had been adopted by all Flyways. They believed adoption 
of the proposal would serve as a catalyst for additional regional 
campaigns leading to increased regulatory inconsistency. Many of 
Georgia's hunters strongly desire a framework extension to January 31; 
however, until current packages are tested over a longer period, it was 
not in the long-term interest of waterfowl to extend frameworks. If 
changes are to be made now, extensions should be available to all 
States. The Lower Mississippi Flyway proposal has triggered discussions 
regarding a southern coalition within the Atlantic Flyway, intended to 
pursue southern issues and framework extensions in that region.
    The New York State Department of Environmental Conservation 
requested that the proposed framework extension be deferred for one 
year to allow adequate review by all Flyway Councils and the AHM 
working group. New York expressed concerns that the proposal was 
developed without Flyway Council review, was counter to AHM principles, 
that efforts on framework extensions would delay the incorporation of 
eastern mallards into the decision process, future harvest opportunity 
for all Flyways could be adversely affected, eastern duck stocks could 
be impacted, and that adoption of the proposal would spawn additional 
requests from special interest groups. The Department stated that when 
regulation packages were set and agreed to by all Councils, it was 
understood that they would be stable for several years, New York 
recommended that the Flyway Councils and the AHM working group work 
this year to devise a strategy for 1999.
    The North Dakota Game and Fish Department stressed that waterfowl 
harvest management should be based on sound scientific information and 
objectives established through the Flyway Council process. North Dakota 
expressed great concern over the unfairness of extending southern 
frameworks when northern States have benefitted little from special 
teal seasons and recently lengthened seasons. They believed if an 
extension is offered to southern States similar opportunity must be 
offered to all States.
    The South Dakota Department of Game, Fish and Parks urged the 
Service to not extend the framework closing date in the southern part 
of the Mississippi Flyway, since all other Flyway Councils and the 
Upper-Region Regulations Committee of the Mississippi Flyway Council 
recommended that framework dates not be changed. Such action would be 
totally unfair to all other States that are willing to use the AHM 
process to fairly and biologically determine the framework issue.
    The Kansas Department of Wildlife & Parks strongly opposed the 
proposal to offer extended duck hunting season framework dates to 
States in the lower region of the Mississippi Flyway, stating that it 
is blatantly unfair to other States that may be interested in such 
changes, and that it will establish an undesirable precedent regarding 
how we implement harvest regulations.
    The Delaware Department of Natural Resources opposed a framework 
extension for the southern Mississippi Flyway because it conflicted 
with recommendations from all Flyways Councils (1997) to maintain 
consistency in regulatory packages and it could negatively affect other 
States through redistribution of harvest. Delaware urged all four 
Councils and the AHM working group work to recommend a specific 
strategy for 1999 to address all concerns.
    The Missouri Department of Conservation opposed the framework 
extension due to concerns regarding biological impacts on the waterfowl 
resource including changes in harvest timing and composition (age, 
species, and sex), the inequitable provision of the extension 
opportunities, and conflicts with the AHM process. Missouri believes 
adopting this proposal would set an unfortunate precedent and have 
negative implications for the future of cooperative waterfowl and 
wetland management.
    The Michigan Department of Natural Resources strongly opposed the 
extension proposal on the basis of its conflict with previous 
recommendations of the Upper-Region Regulations Committee. Michigan 
believed if extensions were implemented, both early and late extensions 
should be offered to all States.
    The Connecticut Department of Environmental Protection opposed the 
extension proposal and requested the Service defer action until full 
review by all Flyways is possible. Connecticut

[[Page 38705]]

voiced concern over reduced hunting opportunity across the nation and 
impacts to black ducks which are more vulnerable in late winter.
    The Minnesota Department of Natural Resources continued to support 
recommendations of the Upper-Region Regulations Committee of the 
Mississippi Flyway Council and the other 3 Flyway Councils for no 
change in framework dates. They believe the extension proposal is 
extremely divisive and threatens the future of the Flyway Council 
system and AHM. They stated that the potentially negative physiological 
impacts on ducks of extensions have not been addressed and should be 
evaluated by States and the Service prior to implementing extensions. 
Minnesota believed northern States have the strongest argument for 
framework extensions because of weather-related limitations to long 
duck seasons. The extension proposal was contrary to the cooperative 
process of establishing migratory bird regulations; however, if it is 
offered, it should be offered to all States.
    The Wisconsin Department of Natural Resources supported no change 
in framework dates. Wisconsin found the extension proposal completely 
unacceptable because it increases inequity, citing the current higher 
hunter success rates in southern States, frequently truncated season 
length in northern States due to freeze-up, and differences in special-
teal-season availability. Wisconsin expressed concern about the 
possible impacts of late-winter hunting on mallard pair formation and 
nutrient-reserve accumulation. Wisconsin opposed offering southern 
States an extension, but believed if the extension was granted to 
southern States, northern States must be offered an extension on season 
opening dates.
    The Illinois Department of Natural Resources stated the extension 
proposal was patently unfair because it was not available to all States 
in all Flyways. The State remains concerned about biological impacts on 
duck pair formation and acquisition of body reserves. Illinois believed 
this is an issue of national consequence and without time for a full 
public debate and analysis before the 1998 season, the Service should 
postpone implementation of any framework extensions until at least the 
1999 season. However, if extensions are implemented, the offset penalty 
should be determined by the Service or third party and Illinois should 
be allowed to split the duck season in their three zones.
    The Oklahoma Department of Wildlife Conservation was strongly 
opposed to the extension proposal. Oklahoma believed that the proposal 
seriously undermines the long-standing cooperative Flyway and Service 
process for establishing waterfowl hunting regulations and calls into 
question the Service's commitment to the AHM process. Oklahoma further 
recommended that the Service deny the framework extension until such 
time as the issue can be addressed through the AHM process and all 
States' interests are fairly and objectively considered.
    The Wyoming Game and Fish Department opposed the framework 
extension because they believe that season recommendations should be 
based on Flyway/Service review and approval and not political 
considerations, the proposed extension threatens AHM, other States are 
not offered a similar opportunity, and the proposal creates animosity 
between States and erodes the cooperative framework of the Flyway 
Council system. They further encourage the Service to work with the 
Flyways to continue to develop and enhance AHM and believe that early 
and late framework issues should be addressed when the next round of 
AHM packages are developed.
    The New Jersey Division of Fish, Game and Wildlife opposed 
implementation of framework extensions due to their commitment to the 
AHM process, concern regarding impacts on migrating wood ducks, and the 
potential to divide the flyway system.
    The Wisconsin Conservation Congress opposed the framework extension 
proposal stating that it was in direct conflict with the principles of 
the Service to manage the resource for the benefit of all people.
    The Delta Waterfowl Foundation did not support the framework 
extension proposal. While supporting the Service's goal of ensuring 
that nonparticipating States will not be impacted, they believed that 
reductions in bag limits and species restrictions should also be 
considered. They further stated that the Service should entertain other 
framework date extensions, such as opening dates.
    The Alabama Waterfowl Association requested a January 31 extension 
in Alabama be experimental beginning in the 1998 season. The 
Association would accept a 10% penalty in hunting days. They cite 
conflicts between farmers and hunting-lease holders or hunters in mid-
November when incomplete crop harvest prevents flooding of agricultural 
fields. The Association believed an extended framework would allow 
improved habitat management and availability at the start of the season 
and would have less impact on the resource than the additional hen in 
the bag recently offered.
    Two individuals from Michigan, 45 from Wisconsin, 30 from 
Minnesota, 1 from Arkansas, 1 from Iowa, 1 from Florida, and 3 from 
Tennessee commented in opposition to the proposed extension of the 
framework closing date.
    Three individuals from Alabama, 1 from Florida, 5 from Arkansas, 2 
from Georgia, 31 from Tennessee, and 110 from Mississippi commented in 
favor of extending the framework closing date.
    Service Response: The Service appreciates the extensive comments it 
received regarding the May 29 proposal (63 FR 29518) to extend the 
framework closing date to January 31 in the six States of the southern 
Mississippi Flyway (AL, AR, KY, LA, MS, TN). In the proposal, the 
southern Mississippi Flyway would be permitted a framework-date 
extension, provided it was accompanied by a reduction in season length 
sufficient to offset the expected increase in harvest. The Service's 
goal was to provide hunting opportunity that had been requested by 
southern Mississippi Flyway States, without expanding overall harvest 
in those States or affecting hunting opportunities in other States and 
Flyways. The Service will establish a final framework closing date for 
the 1998-99 duck hunting season in these six States in conjunction with 
the late-season regulations process.
    F. Zones and Split Seasons.Written Comments: The Ohio Division of 
Wildlife requested elimination of the Pymatuning Waterfowl Hunting Zone 
in Ohio and incorporation of the affected area into the North Zone 
beginning in the 1998-99 season.
    Service Response: In the past, hunting seasons in that portion of 
Ohio had to be the same as those selected by Pennsylvania for that 
portion of Pennsylvania. Beginning this year, the Pymatuning Area will 
no longer be included in the Federal waterfowl hunting frameworks as a 
separate area, and will be considered part of Ohio's North Zone.

G. Special Seasons/Species Management

iii. September Teal Seasons
    Council Recommendations: The Atlantic Flyway Council recommended 
the establishment of an experimental September teal season option in 
the Atlantic Flyway. States deriving more

[[Page 38706]]

than 80 percent of their teal harvest from mid-continent populations 
(Delaware, Georgia, Florida, Maryland, North Carolina, Pennsylvania, 
South Carolina, Virginia, and West Virginia) could hold a 9-day season 
between September 1 and 30 with a daily bag limit of 4 teal.
    The Central Flyway Council recommended an experimental September 
teal season harvest strategy in the nonproduction States of the Central 
Flyway based on the May breeding population index (BPI) of blue-winged 
teal. When the BPI of blue-winged teal is 4.7 million or greater, the 
Council's recommended harvest strategy would consist of an additional 7 
days of hunting (for a total of 16 days).
    When the BPI of blue-winged teal is below 4.7 million but remains 
at or above 3.3 million, the Council's recommended harvest strategy 
would maintain the current 9-day season. When the BPI of blue-winged 
teal is below 3.3 million, the Council's recommended harvest strategy 
would consider closure of September teal seasons.
    Written Comments: One individual from Wisconsin and 1 from 
Minnesota urged the Service to consider a special teal season for the 
production States.
    Service Response: The Service supports the Atlantic Flyway 
Council's proposal for an experimental 9-day special September teal 
season in those States that derive 80% of their harvest from the mid-
continent blue-winged teal populations (to include States from 
Pennsylvania and Delaware southward). These States would be required to 
evaluate the impacts to non-target waterfowl species by conducting 
hunter performance surveys. The Service remains concerned with the 
definition of production and non-production States, but will work with 
the Flyway to establish decision criteria based on historic harvests of 
non-target species in other Flyways. The Service strongly encourages as 
many of the States as possible to participate in the evaluation, as 
sampling requirements will be based on the number of States involved. 
This season will be experimental for a 3-year period but must include a 
pre-sunrise evaluation in order to have shooting hours begin \1/2\-hour 
before sunrise. The Service will develop a Memorandum of Agreement to 
stipulate the guidelines and implementation of this season.
    The Service also supports the Central Flyway Council's proposal for 
a September-teal-season harvest strategy that would provide a 16-day 
special season in those States that currently have operational special 
September teal seasons when blue-winged teal populations are above 4.7 
million. The evaluation plan submitted by the Council appears adequate 
for annual monitoring and assessment of this expanded opportunity. 
Although current changes in band-reporting rates make interpretation of 
band-recovery data difficult, the Service believes that the 4.7 million 
breeding population trigger is an adequate threshold for conducting 
these expanded seasons. The expanded season also will be offered to 
those States in the Mississippi Flyway that currently are offered a 
special teal season, under the same stipulations as for the Central 
Flyway. An annual evaluation of pertinent population, habitat, and 
harvest information will be required, with a final report due after the 
seasons have been conducted for 3 years. Continuation of the season is 
conditional upon the completion of the annual and final reports.
    The Service believes that a comprehensive review of blue-winged 
teal biology, an assessment of the cumulative effects of all teal 
harvest, and an evaluation of possible expansion of hunting opportunity 
in production States is needed. In order to facilitate such an 
evaluation the Service proposes to host a meeting this fall. The 
Service asks Flyway Councils to designate two representatives from each 
of the three involved Flyways to meet with Office of Migratory Bird 
Management staff to design a comprehensive evaluation of blue-winged 
teal biology and harvest management.
iv. September Teal/Wood Duck Seasons
    Council Recommendations: The Atlantic Flyway Council recommended 
the continuation of the Florida September wood duck/teal season on an 
operational basis.
    The Lower-Region Regulations Committee of the Mississippi Flyway 
Council recommended that the experimental September teal/wood duck 
seasons in Kentucky and Tennessee be continued in 1998 with no changes 
from the 1997 season. The Lower-Region Regulations Committee further 
recommended that if such seasons are suspended, all non-production 
States should be permitted to take up to 5 days of the regular season 
in September.
    Written Comments: Representatives John S. Tanner, John J. Duncan, 
Harold Ford, Jr., William Jenkins, Van Hilleary, Zach Wamp, Ed Bryant, 
Bob Clement, Bart Cordon, and Senators Fred Thompson and Bill Frist 
from Tennessee requested that the Service not close Tennessee's early 
wood duck season. The commenters state that a decision by the Service 
to close the season would appear to be one based on administrative 
rationale, rather than sound biology. Further, facts that support 
continuation of the season are that: the season has been approved for 
17 years, that the Tennessee Wildlife Resources Agency has met its 
preseason banding obligations, that no downward trends in the wood duck 
populations have been recorded in stream-float surveys, summer 
bandings, or the Breeding Bird Survey. Finally, survival rates for 
Tennessee wood ducks are similar to, or higher, than rates observed 
prior to 1981. Roughly one third of Tennessee's waterfowlers 
participate in the early wood duck season. The commenters believe that 
closing the season would discourage their active involvement in wood 
duck management.
    The Tennessee Wildlife Resources Agency (Tennessee) expressed 
disappointment that the Service intended to suspend the September wood 
duck season. They pointed out the Tennessee hunters have never 
complained about decreased wood duck numbers, and that empirical 
evidence demonstrates that the wood duck population is not experiencing 
any long-term declines. Further, Tennessee stated that closing the 
popular 5-day season would be hard to justify because the evaluation of 
the season could not conclude whether the season is good or bad. 
Tennessee mentioned that the high costs associated with regional wood 
duck population monitoring will discourage most States from 
participating in any monitoring programs beyond what is currently being 
done. They pointed out that eliminating the September season without a 
clearly stated harvest alternative would stymie any new data collection 
efforts. Thus, they requested that Tennessee's September wood duck 
season be granted operational status and be grandfathered into the 
existing frameworks.
    The Kentucky Department of Fish and Wildlife Resources (Kentucky) 
also expressed disappointment that the Service would recommend 
suspending the September wood duck season in Kentucky. They stated that 
evaluation of the season indicated that it met the objective of 
limiting harvest to local wood ducks without negatively impacting 
southern wood duck populations. They recognized that the conclusions of 
the evaluation were based on data where the level of precision was 
questionable, but that the data were the best available and should not 
be discarded. Kentucky emphasized that data collected by their agency 
indicated no negative impacts on local

[[Page 38707]]

wood duck populations and therefore requested that Kentucky's September 
season be granted operational status and grandfathered into the 
existing frameworks.
    The Florida Game and Fresh Water Fish Commission opposed suspension 
of the September Wood Duck Seasons based on the Service's contention 
that adequate population monitoring was lacking. They maintained that 
their monitoring programs have not detected any undue negative effects 
on local wood duck populations after 17 years. They believe that if the 
Service is comfortable with the regular-season harvest pressure on wood 
ducks caused by several changes in season lengths, then concern over 
Florida's September season hardly seem warranted. They believe the 
Service has continued to raise the standard for evaluation long after 
these seasons were initiated and did not provide specific criteria. 
They maintain that there is no evidence that Florida's season is 
negatively influencing their local wood populations and it appeared as 
though the reason for suspending the seasons was unjustly based on 
administrative convenience rather than biological concern.
    The Minnesota Department of Natural Resources opposed hunting 
opportunities that are not offered to hunters in all States within a 
flyway. If the September wood duck seasons are suspended, they would 
not support non-production States in the Lower Region taking up to 5 
days from the regular season in September.
    The Alabama Waterfowl Association indicated that they do not see 
any reason to suspend the early wood duck season and maintain that 
southern States provide habitat enhancement projects and deserve to 
have harvest opportunities on locally reared wood ducks.
    A petition letter signed by 110 individuals from Tennessee stress 
the fact that to do away with the wood duck September season would 
deplete a lot of interest among several organizations who get involved 
with nest box programs and habitat improvement projects.
    Thirty-two individuals from Tennessee, 13 from Florida, and 5 from 
Kentucky expressed support for continuing with the September wood duck 
seasons to provide hunting opportunities and opposed any action by the 
Service to discontinue these seasons.
    Service Response: The Service notes that after many years of trying 
to develop regional wood duck population-monitoring programs, attempts 
to evaluate the experimental September wood duck seasons have been 
unsuccessful. Without adequate regional monitoring, special seasons 
that target regional wood duck populations should be discontinued. 
Instead, wood duck harvest management should be approached at the 
flyway level during the regular season. The recently-completed Wood 
Duck Population Monitoring Initiative showed that managers have much of 
the capability needed to monitor wood ducks at the flyway level. The 
Service recognizes that improvements in the way we develop regular 
season approaches to wood duck harvest management are possible. These 
improvements should incorporate information about the status and 
dynamics of wood ducks. However, there is a need to conduct additional 
technical assessments in order to develop flyway harvest strategies. 
The Service will coordinate with Flyway Councils and Technical Sections 
to develop such strategies.
    During the interim period, the Service proposes to allow Florida, 
Kentucky, and Tennessee to hold September wood duck seasons for a 
maximum of 3 more years. After September 2000, the seasons in Florida, 
Kentucky, and Tennessee will be discontinued. Flyway harvest strategies 
will then be implemented for the 2001/02 hunting season. Should the 
technical assessment be completed sooner, and a flyway strategy be 
implemented, the September seasons would be suspended at that time.
v. Youth Hunt
    Council Recommendations: The Upper-Region Regulations Committee of 
the Mississippi Flyway Council recommended that a special one-day youth 
waterfowl season include the harvesting of geese.
    The Lower-Region Regulations Committee of the Mississippi Flyway 
Council recommended that a special 2-day youth waterfowl season include 
the harvesting of geese.
    The Central Flyway Council recommended expansion of the special 
youth waterfowl hunt to 2 consecutive days with a legal bag that 
includes geese.
    The Pacific Flyway Council recommended continuation of the one-day 
youth hunt that allows States to select outside the general season and 
frameworks. The Council further recommended the addition of 1 goose to 
the bag limit.
    Written Comments: Senator John T. Traynor of the North Dakota 
Senate expressed his support for the youth hunt and urged the Service 
to expand the special season to 2 days and include geese in the bag 
limit.
    The Delta Waterfowl Foundation supported the expansion of the 
special youth hunt to 2 days and the inclusion of geese in the bag 
limit.
    Service Response: The Service appreciates the recommendations from 
the Flyway Councils regarding the continuation of a youth waterfowl 
hunting day. Upon establishment of the special youth hunting day, the 
Service viewed it as a unique educational opportunity which would help 
ensure safe, high-quality hunting for future generations of Americans. 
The Service's intent was not to recruit youth hunters, but to provide 
the best and safest learning environment for those of our youth who are 
interested in hunting. Further, the Service believes that establishing 
such a day was consistent with our responsibility to provide general 
education and training in the wise use of our nation's valuable 
wildlife resources. The Service believes the long-term conservation of 
North America's migratory bird resources depends on the future 
attitudes and actions of today's youth and that the special youth day 
assists in the formation and development of a conservation ethic in 
future generations. The Service's intent in establishing this special 
day is to introduce youth to the concepts of ethical utilization and 
stewardship of waterfowl and other natural resources, encourage 
youngsters and adults to experience the outdoors together, and 
contribute to the long-term conservation of the migratory bird 
resource. With these intents in mind, there is not a compelling reason 
to extend the opportunity an additional day.
    Additionally, the Service has not conducted an extensive national 
evaluation of the effects of the special youth hunt day to date, nor 
does the Service plan to conduct such an evaluation due to cost/benefit 
considerations. Because the special 1-day hunt is limited to youths, 
the Service believes that waterfowl populations can support the limited 
additional harvest. However, an additional day would potentially double 
the effect, which would result in increased uncertainty.
    With regard to geese, the Service supports the inclusion of the 
regular-season daily bag limit for geese in the special youth-hunt bag 
limit. However, there are two considerations that States must be aware 
of regarding the inclusion of geese in the youth hunt: (1) in many 
cases, States already use the legal limit of 107 goose hunting days

[[Page 38708]]

and the inclusion of geese in the youth day bag will require a 1-day 
reduction in the regular season length, and (2) all area/species 
restrictions would apply, thus complicating the regulations in areas 
with species restrictions or area closures.
2. Sea Ducks
    Council Recommendations: The Atlantic Flyway Council recommended 
that the Service clarify regulatory language concerning bag limits for 
sea ducks so that bag limits for seas ducks during the regular season 
cannot exceed bag limits for sea ducks established in the special sea 
duck season, whether inside or outside the special sea duck area.
    Service Response: The Service will continue to work with the 
Atlantic Flyway Council as they prepare their management plan for 
common eiders, and encourages the Flyway to develop management goals 
for other populations of sea ducks. The Service believes that a 
conservative approach to sea duck hunting is warranted, especially if 
management plans or goals have not been adopted. The Service will 
assess the appropriateness of current sea duck hunting regulations 
after finalizing a report on the status of sea duck populations; 
changes will be considered for the 1999 hunting season.
4. Canada Geese
    A. Special Seasons. Council Recommendations: The Atlantic Flyway 
Council recommended that the closing date of the September goose season 
around Montezuma National Wildlife Refuge be extended from September 15 
to 25.
    The Lower-Region Regulations Committee of the Mississippi Flyway 
Council recommended that the Service reevaluate criteria for special 
Canada goose seasons (early and late), particularly as they relate to 
the cumulative harvest of migrant Canada geese from populations of 
special concern, to insure that the criteria are consistent with 
management efforts to increase and/or maintain migrant populations of 
special concern to/at planned objective levels.
    Service Response: In accordance with the criteria established for 
early seasons on resident Canada geese, the harvest of migrant geese 
cannot exceed 10%. Collar observations provided by New York for 1995-97 
exceed this level. Thus, the Service does not support this request. The 
criteria only address the ratio of collar observations without regard 
to the area size or number of collars or geese observed. Based on the 
evidence provided by New York, the potential to harvest AP geese 
increases substantially in late September. The Service recognizes that 
in some cases a single observation of a potential migrant may exceed 
the 10% criterion, but at this fine scale, it is very difficult to 
fully assess the impacts of expanding the season to September 25.
    The criteria for special Canada goose seasons are designed to 
provide additional harvest of locally nesting Canada geese without 
additional impact on migrant populations. The Service believes that to 
date they have accomplished that objective; however, the Service will 
continue to monitor harvest information with reference to the 
provisions of the special-season criteria and objectives for migrant 
Canada goose populations.
    B. Regular Seasons. Council Recommendations: The Upper-Region 
Regulations Committee of the Mississippi Flyway Council recommended 
that the 1998 regular goose season opening date be as early as 
September 26 in Michigan's Upper Peninsula and September 19 in 
Wisconsin.
    Service Response: The Service concurs with the recommendation.
9. Sandhill Cranes
    Council Recommendations: The Central and Pacific Flyway Councils 
recommended that the Rocky Mountain Population (RMP) greater sandhill 
crane hunt in Wyoming's Area 6 (Park and Bighorn Counties) become 
operational in 1998. The Councils further recommended that the third 
year of monitoring and data collection for the experimental hunt be 
waived.
    Service Response: The Service concurs with the Central and Pacific 
Flyway Council recommendations for removal of experimental status of 
the RMP greater sandhill crane hunt in Big Horn and Park Counties of 
Wyoming. The third year of monitoring and data collection will be 
waived.
16. Mourning Doves
    Written Comments: The Louisiana Department of Wildlife and 
Fisheries requested an extension of the framework closing date from 
January 15 to January 20.
    Service Response: The Service does not support Louisiana's request 
at this time and asks that the issue be incorporated into the mourning 
dove management plan for the Eastern Management Unit which is currently 
being prepared.
18. Alaska
    Council Recommendations: The Pacific Flyway Council recommended an 
increase in Alaska's Canada goose daily bag and possession limit from 1 
and 2 to 3 and 6, respectively, within overall dark goose bag and 
possession limits of 4 and 8 in Alaska Game Management Subunit (GMU) 
9(E) (Alaska Peninsula) and Unit 18 (Y-K Delta).
    The Pacific Flyway Council recommended an archery-only Canada goose 
hunt on Middleton Island, Alaska (GMU 6); by registration permit only, 
with no more than 10 permits; mandatory goose identification class, 
check-in, and check-out; season dates of September 28 to December 16; 
bag and possession limit of 1; season to close if incidental harvest 
includes 5 dusky Canada geese.
    Service Response: The Service supports the Council's recommendation 
for increased Canada goose bag limits within the overall dark goose bag 
limit and the limited season for Canada Geese on Middleton Island with 
all of the conditions recommended by the Pacific Flyway Council except 
the limitation of the method of take to only archery. The Service has 
received no rationale for limiting the method of take and believes to 
do so without reason would establish an undesirable precedent.

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.
    E.O. 12866 requires each agency to write regulations that are easy 
to understand. The Service invites comments on how to make this rule 
easier to understand, including answers to questions such as the 
following: (1)

[[Page 38709]]

Are the requirements in the rule clearly stated? (2) Does the rule 
contain technical language or jargon that interferes with its clarity? 
(3) Does the format of the rule (grouping and order of sections, use of 
headings, paragraphing, etc.) aid or reduce its clarity? (4) Would the 
rule be easier to understand if it were divided into more (but shorter) 
sections? (5) Is the description of the rule in the ``Supplementary 
Information'' section of the preamble helpful in understanding the 
proposed rule? What else could the Service do to make the rule easier 
to understand?
    Send a copy of any comments that concern how this rule could be 
made easier to understand to: Office of Regulatory Affairs, Department 
of the Interior, Room 7229, 1849 C Street, N.W., Washington, D.C. 
20240. Comments may also be e-mailed to: E[email protected]

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 Considerations

    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

    In the March 20, 1998, Federal Register, the Service reported 
measures it took to comply with requirements of the Regulatory 
Flexibility Act. 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. The Service is 
currently updating the 1996 Analysis with information from the 1996 
National Hunting and Fishing Survey.

Executive Order (E.O.) 12866

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

Paperwork Reduction Act

    The Service examined these proposed regulations under the Paperwork 
Reduction Act of 1995. The various recordkeeping and reporting 
requirements imposed under regulations established in 50 CFR Part 20, 
Subpart K, are utilized in the formulation of migratory game bird 
hunting regulations. OMB has approved these information collection 
requirements and assigned clearance numbers 1018-0015 (expires 08/31/
1998) and 1018-0023 (expires 09/30/2000).

Unfunded Mandates Reform Act

    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 proposed 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.

Taking Implication Assessment

    In accordance with Executive Order 12630, these rules, authorized 
by the Migratory Bird Treaty Act, do not have significant takings 
implications and do not affect any constitutionally protected property 
rights. These rules will not result in the physical occupancy of 
property, the physical invasion of property, or the regulatory taking 
of any property. In fact, these rules allow hunters to exercise 
privileges that would be otherwise unavailable; and, therefore, reduce 
restrictions on the use of private and public property.

Federalism Effects

    Due to the migratory nature of certain species of birds, the 
Federal government has been given responsibility over these species by 
the Migratory Bird Treaty Act. The Service annually prescribes 
frameworks from which the States make selections and employs guidelines 
to establish special regulations on Federal Indian reservations and 
ceded lands. This process preserves the ability of the States and 
Tribes to determine which seasons meet their individual needs. Any 
State or Tribe may be more restrictive than the Federal frameworks at 
any time. The frameworks are developed in a cooperative process with 
the States and the Flyway Councils. This allows States to participate 
in the development of frameworks from which they will make selections, 
thereby having an influence on their own regulation. These rules do not 
have a substantial direct effect on fiscal capacity, change the roles 
or responsibilities of Federal or State governments, or intrude on 
State policy or administration. Therefore, in accordance with Executive 
Order 12612, these regulations do not have significant federalism 
effects and do not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American tribal 
Governments'' (59 FR 22951) and 512

[[Page 38710]]

DM 2, we have evaluated possible effects on Federally recognized Indian 
tribes and have determined that there are no effects.

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

    Dated: July 7, 1998.
William Leary,
Acting Deputy Assistant Secretary for Fish and Wildlife and Parks.

Proposed Regulations Frameworks for 1998-99 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, 1998, and March 10, 
1999.

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.

Flyways and Management Units

    Atlantic Flyway--includes Connecticut, Delaware, Florida, Georgia, 
Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, 
North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, 
Virginia, and West Virginia.
    Mississippi Flyway--includes Alabama, Arkansas, Illinois, Indiana, 
Iowa, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, 
Ohio, Tennessee, and Wisconsin.
    Central Flyway--includes Colorado (east of the Continental Divide), 
Kansas, Montana (Counties of Blaine, Carbon, Fergus, Judith Basin, 
Stillwater, Sweetgrass, Wheatland, and all counties east thereof), 
Nebraska, New Mexico (east of the Continental Divide except the 
Jicarilla Apache Indian Reservation), North Dakota, Oklahoma, South 
Dakota, Texas, and Wyoming (east of the Continental Divide).
    Pacific Flyway--includes Alaska, Arizona, California, Idaho, 
Nevada, Oregon, Utah, Washington, and those portions of Colorado, 
Montana, New Mexico, and Wyoming not included in the Central Flyway.

Mourning Dove Management Units

    Eastern Management Unit--All States east of the Mississippi River, 
and Louisiana.
    Central Management Unit--Arkansas, Colorado, Iowa, Kansas, 
Minnesota, Missouri, Montana, Nebraska, New Mexico, North Dakota, 
Oklahoma, South Dakota, Texas, and Wyoming.
    Western Management Unit--Arizona, California, Idaho, Nevada, 
Oregon, Utah, and Washington.

Woodcock Management Regions

    Eastern Management Region--Connecticut, Delaware, Florida, Georgia, 
Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, 
North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, 
Virginia, and West Virginia.
    Central Management Region--Alabama, Arkansas, Illinois, Indiana, 
Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, 
Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, 
Tennessee, Texas, and Wisconsin.
    Other 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 the following States in areas 
delineated by State regulations:
    Atlantic Flyway--Delaware, Georgia, Maryland, North Carolina, 
Pennsylvania, South Carolina, Virginia, and West Virginia. All seasons 
are experimental.
    Mississippi Flyway--Alabama, Arkansas, Illinois, Indiana, Kentucky, 
Louisiana, Mississippi, Missouri, Ohio, and Tennessee.
    Central Flyway--Colorado (part), Kansas, New Mexico (part), 
Oklahoma, and Texas.
    Hunting Seasons and Daily Bag Limits: Not to exceed 9 consecutive 
days in the Atlantic Flyway and 16 consecutive days in the Mississippi 
and Central Flyways. The daily bag limit is 4 teal.
Shooting Hours
    Atlantic Flyway--One-half hour before sunrise to sunset, if 
evaluated; otherwise sunrise to sunset.
    Mississippi and Central Flyways--One-half hour before sunrise to 
sunset, except in the States of Arkansas, Illinois, Indiana, Missouri, 
and Ohio, where the hours are from sunrise to sunset.

Special September Duck Seasons

    Florida: A 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, 
a 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 19). 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.

Special Youth Waterfowl Hunting Day

    Outside Dates: States may select 1 day per duck-hunting zone, 
designated as ``Youth Waterfowl Hunting Day,'' in addition to their 
regular duck seasons. The day must be held outside any regular duck 
season on a weekend, holiday, or other non-school day when youth 
hunters would have the maximum opportunity to participate. The day may 
be held up to 14 days before or after any regular duck-season 
frameworks or within any split of a regular duck season, or within any 
other open season on migratory birds.
    Daily Bag Limits: The daily bag limit may include ducks, geese, 
mergansers, coots, moorhens, and gallinules and would be the same as 
that allowed in the regular season. Flyway species and area 
restrictions would remain in effect.
    Shooting Hours: One-half hour before sunrise to sunset.
    Participation Restrictions: Youth hunters must be 15 years of age 
or younger. In addition, 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

[[Page 38711]]

other seasons that are open on the special youth day.

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 are part of the regular duck season daily bag (not to 
exceed 4 scoters) 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 Eastern Unit of Maryland; Delaware; 
and Crawford County in Pennsylvania. Seasons not to exceed 20 days 
during September 1-20 may be selected for the Northeast Hunt Unit of 
North Carolina. Seasons may not exceed 25 days during September 1-25 in 
the remainder of the Flyway, except Georgia and Florida, where the 
season is closed. Areas open to the hunting of Canada geese must be 
described, delineated, and designated as such in each State's hunting 
regulations.
    Daily Bag Limits: Not to exceed 5 Canada geese.
Experimental Seasons
    Experimental Canada goose seasons of up to 30 days during September 
1-30 may be selected by New Jersey, 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 a special Canada goose season of up to 15 days 
during the period September 1-15. In addition, in the NW goose 
management zone, a 15-day season may be selected during the period 
September 1-20. Any portion of the season selected between September 16 
and 20 will be considered experimental. Daily bag limits may not exceed 
5 Canada geese. In the NW goose zone, 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 is not to 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.
    California may select a 9-day season in Humboldt County during the 
period September 1-15. The daily bag limit is 2.
    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 19 in 
Wisconsin and September 26 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

[[Page 38712]]

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 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 17) in the Mississippi and Central Flyways. States in the 
Pacific Flyway have been allowed to select their hunting seasons 
between the outside dates for the season on ducks; therefore, they are 
late-season frameworks and no frameworks are provided in this document.
    Hunting Seasons and Daily Bag Limits: Seasons may not exceed 70 
days in the Atlantic, Mississippi, and Central Flyways. Seasons may be 
split into 2 segments. The daily bag limit is 15 common moorhens and 
purple gallinules, singly or in the aggregate of the two species.

Rails

    Outside Dates: States included herein may select seasons between 
September 1 and January 20 on clapper, king, sora, and Virginia rails.
    Hunting Seasons: The season may not exceed 70 days, and may be 
split into 2 segments.
    Daily Bag Limits: Clapper and King Rails--In Rhode Island, 
Connecticut, New Jersey, Delaware, and Maryland, 10, singly or in the 
aggregate of the two species. In Texas, Louisiana, Mississippi, 
Alabama, Georgia, Florida, South Carolina, North Carolina, and 
Virginia, 15, singly or in the aggregate of the two species.
    Sora and Virginia Rails--In the Atlantic, Mississippi, and Central 
Flyways and the Pacific-Flyway portions of Colorado, Montana, New 
Mexico, and Wyoming, 25 daily and 25 in possession, singly or in the 
aggregate of the two species. The season is closed in the remainder of 
the Pacific Flyway.

Common Snipe

    Outside Dates: Between September 1 and February 28, except in 
Maine, Vermont, New Hampshire, Massachusetts, Rhode Island, 
Connecticut, New York, New Jersey, Delaware, Maryland, and Virginia, 
where the season must end no later than January 31.
    Hunting Seasons and Daily Bag Limits: Seasons may not exceed 107 
days and may be split into two segments. The daily bag limit is 8 
snipe.

American Woodcock

    Outside Dates: States in the Eastern Management Region may select 
hunting seasons between October 6 and January 31. States in the Central 
Management Region may select hunting seasons between the Saturday 
nearest September 22 (September 19) 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.
    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.
    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

    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

    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

    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).

[[Page 38713]]

    Arizona and California--Not more than 60 days which may be split 
between two periods, September 1-15 and November 1-January 15. In 
Arizona, during the first segment of the season, the daily bag limit is 
10 mourning and white-winged doves in the aggregate, of which no more 
than 6 may be white-winged doves. During the remainder of the season, 
the daily bag limit is restricted to 10 mourning doves. In California, 
the daily bag limit may not exceed 10 mourning and white-winged doves 
in the aggregate.

White-winged and White-tipped Doves

    Hunting Seasons and Daily Bag Limits: Except as shown below, 
seasons in Arizona, California, Florida, Nevada, New Mexico, and Texas 
must be concurrent with mourning dove seasons.
    Arizona may select a hunting season of not more than 30 consecutive 
days, running concurrently with the first segment of the mourning dove 
season. The daily bag limit may not exceed 10 mourning and white-winged 
doves in the aggregate, of which no more than 6 may be white-winged 
doves.
    In Florida, the daily bag limit may not exceed 12 mourning and 
white-winged doves (15 under the alternative) in the aggregate, of 
which no more than 4 may be white-winged doves.
    In the Nevada Counties of Clark and Nye, and in the California 
Counties of Imperial, Riverside, and San Bernardino, the daily bag 
limit may not exceed 10 mourning and white-winged doves in the 
aggregate.
    In New Mexico, the daily bag limit may not exceed 12 mourning and 
white-winged doves (15 under the alternative) in the aggregate.
    In Texas, the daily bag limit may not exceed 12 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 dark geese are 3 daily and 
6 in possession.
    2. In Units 5 and 6, the taking of Canada geese is permitted from 
September 28 through December 16. A special, permit only Canada goose 
season may be offered on Middleton Island. No more than 10 permits can 
be issued. A mandatory goose identification class is required . Hunters 
must check-in and check-out. Bag limit of 1 daily and 1 in possession. 
Season to close if incidental harvest includes 5 dusky Canada geese. A 
dusky Canada goose is any dark-breasted Canada goose (Munsell 10 YR 
color value five or less) with a bill length between 40 and 50 
millimeters.
    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 dark 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 65 days (75 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 6.
    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,

[[Page 38714]]

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 6.
    Closed Seasons: The season is closed on the ruddy duck, white-
cheeked pintail, West Indian whistling duck, fulvous whistling duck, 
and masked duck.

Special Falconry Regulations

    Falconry is a permitted means of taking migratory game birds in any 
State meeting Federal falconry standards in 50 CFR 21.29(k). These 
States may select an extended season for taking migratory game birds in 
accordance with the following:
    Extended Seasons: For all hunting methods combined, the combined 
length of the extended season, regular season, and any special or 
experimental seasons shall not exceed 107 days for any species or group 
of species in a geographical area. Each extended season may be divided 
into a maximum of 3 segments.
    Framework Dates: Seasons must fall between September 1 and March 
10.
    Daily Bag and Possession Limits: Falconry daily bag and possession 
limits for all permitted migratory game birds shall not exceed 3 and 6 
birds, respectively, singly or in the aggregate, during extended 
falconry seasons, any special or experimental seasons, and regular 
hunting seasons in all States, including those that do not select an 
extended falconry season.
    Regular Seasons: General hunting regulations, including seasons and 
hunting hours, apply to falconry in each State listed in 50 CFR 
21.29(k). Regular-season bag and possession limits do not apply to 
falconry. The falconry bag limit is not in addition to gun limits.

Area, Unit, and Zone Descriptions

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.

[[Page 38715]]

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 Canada 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, Kent, Queen Annes, St. Marys, Somerset, Talbot, 
Wicomico, and Worcester Counties, and those portions of Baltimore, 
Howard, and Prince George's Counties east of I-95.
    Western Unit--Allegany, Carroll, Frederick, Garrett, Montgomery, 
and Washington Counties, and those portions of Baltimore, Howard, and 
Prince George's 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 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

[[Page 38716]]

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.
    Five Goose Zone--That portion of the State encompassed by a line 
extending north from the Iowa border along U.S. Interstate Highway 35 
to the south boundary of the Twin Cities Metropolitan Canada Goose 
Zone, then west and north along the boundary of the Twin Cities 
Metropolitan Canada Goose Zone to U.S. Interstate 94, then west and 
north on U.S. Interstate 94 to the North Dakota border.
    Two Goose Zone--That portion of the State to the north of a line 
extending east from the North Dakota border along U.S. Interstate 94 to 
the boundary of the Twin Cities Metropolitan Canada Goose Zone, then 
north and east along the Twin Cities Metropolitan Canada Goose Zone 
boundary to the Wisconsin border, except the Northwest Goose Zone and 
that portion of the State encompassed by a line extending north from 
the Iowa border along U.S. Interstate 35 to the south boundary of the 
Twin Cities Metropolitan Canada Goose Zone, then east on the Twin Cites 
Metropolitan Canada Goose Zone boundary to the Wisconsin border.
Tennessee
    Middle Tennessee Zone--Those portions of Houston, Humphreys, 
Montgomery, Perry, and Wayne Counties east of State Highway 13; and 
Bedford, Cannon, Cheatham, Coffee, Davidson, Dickson, Franklin, Giles, 
Hickman, Lawrence, Lewis, Lincoln, Macon, Marshall, Maury, Moore, 
Robertson, Rutherford, Smith, Sumner, Trousdale, Williamson, and Wilson 
Counties.
    Cumberland Plateau Zone--Bledsoe, Bradley, Clay, Cumberland, 
Dekalb, Fentress, Grundy, Hamilton, Jackson, Marion, McMinn, Meigs, 
Morgan, Overton, Pickett, Polk, Putnam, Rhea, Roane, Scott, Sequatchie, 
Van Buren, Warren, and White Counties.
    East Tennessee Zone--Anderson, Blount, Campbell, Carter, Claiborne, 
Cocke, Grainger, Greene, Hamblen, Hancock, Hawkins, Jefferson, Johnson, 
Knox, Loudon, Monroe, Sevier, Sullivan, Unicoi, Union, and Washington 
Counties.
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
    September Canada Goose Unit--Brookings, Clark, Codington, Day, 
Deuel, Grant, Hamlin, Kingsbury, Lake, McCook, Moody Counties, and 
Miner County east of SD 25, and that portion of Minnehaha County north 
and west of a line beginning at the junction of County 130 (Renner 
Road) and the Minnesota border, then west on County 130 to I-29 and 
along I-29 to the Lincoln County line.

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.

[[Page 38717]]

    Salt River Area--That portion of Lincoln County described in State 
regulations.
    Farson-Edon Area--Those portions of Sweetwater and Sublette 
Counties described in State regulations.
    Teton Area--Those portions of Teton County described in State 
regulations.

Ducks

Mississippi Flyway

Iowa
    North Zone: That portion of the State north of a line extending 
east from the Nebraska border along State Highway 175 to State 37, 
southeast along State 37 to U.S. Highway 59, south along U.S. 59 to 
Interstate Highway 80, then east along I-80 to the Illinois border.
    South Zone: The remainder of Iowa.

Sandhill Cranes

Central Flyway

Colorado
    Regular-Season Open Area--The Central Flyway portion of the State 
except the San Luis Valley (Alamosa, Conejos, Costilla, Hinsdale, 
Mineral, Rio Grande and Saguache Counties east of the Continental 
Divide) and North Park (Jackson County).
Kansas
    Regular Season Open Area--That portion of the State west of a line 
beginning at the Oklahoma border, north on I-35 to Wichita, north on I-
135 to Salina, and north on U.S. 81 to the Nebraska border.
New Mexico
    Regular-Season Open Area--Chaves, Curry, De Baca, Eddy, Lea, Quay, 
and Roosevelt Counties.
    Middle Rio Grande Valley Area--The Central Flyway portion of New 
Mexico in Socorro and Valencia Counties.
Southwest Zone--Sierra, Luna, and Dona Ana Counties.
Oklahoma
    Regular-Season Open Area--That portion of the State west of I-35.
Texas
    Regular-Season Open Area--That portion of the State west of a line 
from the International Toll Bridge at Brownsville along U.S. 77 to 
Victoria; U.S. 87 to Placedo; Farm Road 616 to Blessing; State 35 to 
Alvin; State 6 to U.S. 290; U.S. 290 to Austin; I-35 to the Texas-
Oklahoma border.
North Dakota
    Regular-Season Open Area--That portion of the State west of U.S. 
281.
South Dakota
    Regular-Season Open Area--That portion of the State west of U.S. 
281.
Montana
    Regular-Season Open Area--The Central Flyway portion of the State 
except that area south of I-90 and west of the Bighorn River.
Wyoming
    Regular-Season Open Area--Campbell, Converse, Crook, Goshen, 
Laramie, Niobrara, Platte, and Weston Counties.
    Riverton-Boysen Unit--Portions of Fremont County.
    Park and Bighorn County Unit--Portions of Park and Bighorn 
Counties.

Pacific Flyway

Arizona
    Special-Season Area--Game Management Units 30A, 30B, 31, and 32.
Montana
    Special-Season Area--See State regulations.
Utah
    Special-Season Area--Rich County.
Wyoming
    Bear River Area--That portion of Lincoln County described in State 
regulations.
    Salt River Area--That portion of Lincoln County described in State 
regulations.
    Eden-Farson Area--Those portions of Sweetwater and Sublette 
Counties described in State regulations.

All Migratory Game Birds in Alaska

    North Zone--State Game Management Units 11-13 and 17-26.
    Gulf Coast Zone--State Game Management Units 5-7, 9, 14-16, and 
10--Unimak Island only.
    Southeast Zone--State Game Management Units 1-4.
    Pribilof and Aleutian Islands Zone--State Game Management Unit 10--
except Unimak Island.
    Kodiak Zone--State Game Management Unit 8.

All Migratory Birds in the Virgin Islands

    Ruth Cay Closure Area--The island of Ruth Cay, just south of St. 
Croix.

All Migratory Birds in Puerto Rico

    Municipality of Culebra Closure Area--All of the municipality of 
Culebra.
    Desecheo Island Closure Area--All of Desecheo Island.
    Mona Island Closure Area--All of Mona Island.
    El Verde Closure Area--Those areas of the municipalities of Rio 
Grande and Loiza delineated as follows: (1) All 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-P

[[Page 38718]]

[GRAPHIC] [TIFF OMITTED] TP17JY98.053



[FR Doc. 98-19124 Filed 7-16-98; 8:45am]
BILLING CODE 4310-55-C