[Federal Register Volume 74, Number 141 (Friday, July 24, 2009)]
[Proposed Rules]
[Pages 36870-36890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17559]



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Part III





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 20



Migratory Bird Hunting; Proposed Frameworks for Early-Season Migratory 
Bird Hunting Regulations; Notice of Meetings; Proposed Rule

  Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / 
Proposed Rules  

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[FWS-R9-MB-2008-0124; 91200-1231-9BPP-L2]
RIN 1018-AW31


Migratory Bird Hunting; Proposed Frameworks for Early-Season 
Migratory Bird Hunting Regulations; Notice of Meetings

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; supplemental.

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SUMMARY: The U.S. Fish and Wildlife Service (hereinafter Service or we) 
is proposing to establish the 2009-10 early-season hunting regulations 
for certain migratory game birds. We annually prescribe 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 may open as early as September 1, and include 
seasons in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands. 
These frameworks are necessary to allow State selections of specific 
final seasons and limits and to allow recreational harvest at levels 
compatible with population status and habitat conditions. This proposed 
rule also provides the final regulatory alternatives for the 2009-10 
duck hunting seasons.

DATES: You must submit comments on the proposed early-season frameworks 
by August 3, 2009. The Service Migratory Bird Regulations Committee 
(SRC) will meet to consider and develop proposed regulations for late-
season migratory bird hunting and the 2010 spring/summer migratory bird 
subsistence seasons in Alaska on July 29 and 30, 2009. All meetings 
will commence at approximately 8:30 a.m. Following later Federal 
Register documents, you will be given an opportunity to submit comments 
for proposed late-season frameworks and subsistence migratory bird 
seasons in Alaska by August 31, 2009.

ADDRESSES: You may submit comments on the proposals by one of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R9-MB-2008-0124; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, 
Suite 222; Arlington, VA 22203.

We will not accept e-mail or faxes. We will post all comments on http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments section 
below for more information).
    The SRC will meet in room 200 of the U.S. Fish and Wildlife 
Service's Arlington Square Building, 4401 N. Fairfax Dr., Arlington, 
VA.

FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, U.S. Fish and Wildlife 
Service, Department of the Interior, MS MBSP-4107-ARLSQ, 1849 C Street, 
NW., Washington, DC 20240; (703) 358-1714.

SUPPLEMENTARY INFORMATION:

Regulations Schedule for 2009

    On April 10, 2009, we published in the Federal Register (74 FR 
16339) a proposal to amend 50 CFR part 20. The proposal provided a 
background and overview of the migratory bird hunting regulations 
process, and dealt with the establishment of seasons, limits, and other 
regulations for hunting migratory game birds under Sec. Sec.  20.101 
through 20.107, 20.109, and 20.110 of subpart K. Major steps in the 
2009-10 regulatory cycle relating to open public meetings and Federal 
Register notifications were also identified in the April 10 proposed 
rule. Further, we explained that all sections of subsequent documents 
outlining hunting frameworks and guidelines were organized under 
numbered headings. As an aid to the reader, we reiterate those headings 
here:

1. Ducks
    A. General Harvest Strategy
    B. Regulatory Alternatives
    C. Zones and Split Seasons
    D. Special Seasons/Species Management
    i. September Teal Seasons
    ii. September Teal/Wood Duck Seasons
    iii. Black ducks
    iv. Canvasbacks
    v. Pintails
    vi. Scaup
    vii. Mottled ducks
    viii. Wood ducks
    ix. Youth Hunt
2. Sea Ducks
3. Mergansers
4. Canada Geese
    A. Special Seasons
    B. Regular Seasons
    C. Special Late Seasons
5. White-fronted Geese
6. Brant
7. Snow and Ross's (Light) Geese
8. Swans
9. Sandhill Cranes
10. Coots
11. Moorhens and Gallinules
12. Rails
13. Snipe
14. Woodcock
15. Band-tailed Pigeons
16. Mourning Doves
17. White-winged and White-tipped Doves
18. Alaska
19. Hawaii
20. Puerto Rico
21. Virgin Islands
22. Falconry
23. Other

    Subsequent documents will refer only to numbered items requiring 
attention. Therefore, it is important to note that we will omit those 
items requiring no attention, and remaining numbered items will be 
discontinuous and appear incomplete.
    On May 27, 2009, we published in the Federal Register (74 FR 25209) 
a second document providing supplemental proposals for early- and late-
season migratory bird hunting regulations. The May 27 supplement also 
provided detailed information on the 2009-10 regulatory schedule and 
announced the SRC and Flyway Council meetings.
    This document, the third in a series of proposed, supplemental, and 
final rulemaking documents for migratory bird hunting regulations, 
deals specifically with proposed frameworks for early-season 
regulations and the regulatory alternatives for the 2009-10 duck 
hunting seasons. It will lead to final frameworks from which States may 
select season dates, shooting hours, and daily bag and possession 
limits for the 2009-10 season.
    We have considered all pertinent comments received through June 30, 
2009, on the April 10 and May 27, 2009, rulemaking documents 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. We will publish final regulatory 
frameworks for early seasons in the Federal Register on or about August 
17, 2009.

Service Migratory Bird Regulations Committee Meetings

    Participants at the June 24-25, 2009, meetings reviewed information 
on the current status of migratory shore and upland game birds and 
developed 2009-10 migratory game bird regulations recommendations for 
these species plus regulations for migratory game birds in Alaska, 
Puerto Rico, and the U.S. Virgin Islands; special September waterfowl 
seasons in designated States; special sea duck seasons in the Atlantic 
Flyway; and extended falconry seasons. In addition, we reviewed and 
discussed preliminary information on the status of waterfowl.
    Participants at the previously announced July 29-30, 2009, meetings 
will review information on the current

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status of waterfowl and develop recommendations for the 2009-10 
regulations pertaining to regular waterfowl seasons and other species 
and seasons not previously discussed at the early-season meetings. In 
accordance with Department of the Interior policy, these meetings are 
open to public observation and you may submit comments to the Director 
on the matters discussed.

Population Status and Harvest

    The following paragraphs provide preliminary information on the 
status of waterfowl and information on the status and harvest of 
migratory shore and upland game birds excerpted from various reports. 
For more detailed information on methodologies and results, you may 
obtain complete copies of the various reports at the address indicated 
under FOR FURTHER INFORMATION CONTACT or from our Web site at http://www.fws.gov/migratorybirds/NewsPublicationsReports.html.

Waterfowl Breeding and Habitat Survey

    Federal, provincial, and State agencies conduct surveys each spring 
to estimate the size of breeding populations and to evaluate the 
conditions of the habitats. These surveys are conducted using fixed-
wing aircraft, helicopters, and ground crews and encompass principal 
breeding areas of North America, covering an area over 2.0 million 
square miles. The traditional survey area comprises Alaska, Canada, and 
the northcentral United States, and includes approximately 1.3 million 
square miles. The eastern survey area includes parts of Ontario, 
Quebec, Labrador, Newfoundland, Nova Scotia, Prince Edward Island, New 
Brunswick, New York, and Maine, an area of approximately 0.7 million 
square miles.
    Overall, habitat conditions were characterized as near normal for 
most of the traditional survey area during the 2009 Waterfowl Breeding 
Population and Habitat Survey, with greatly improved wetlands 
conditions in portions of the prairies. Adequate moisture and good 
habitat conditions characterized much of the eastern survey area. The 
northernmost survey areas in both the traditional and eastern survey 
areas experienced an extremely late spring.
Traditional Survey Area (U.S. and Canadian Prairies and Parklands)
    Major improvements in wetlands conditions occurred across much of 
the traditional survey area in 2009. The prairie pothole region of 
southern Manitoba, most of the Dakotas and eastern Montana benefitted 
primarily from above average fall and winter precipitation. These areas 
were classified as good to excellent, with mostly fair habitat 
conditions confined to west-central Montana and southeastern South 
Dakota. Above average precipitation improved wetlands conditions in the 
southern grasslands of Saskatchewan but the habitats along the Alberta 
and Saskatchewan border are suffering under drought conditions.
    The parklands continued to receive below normal precipitation in 
2009. Fortunately, habitat conditions remain classified as fair to good 
because of the holdover water that resulted during the extremely wet 
year in 2008.
Bush (Alaska, Northern Manitoba, Northern Saskatchewan, Northwest 
Territories, Yukon Territory, Western Ontario)
    In the boreal forest, spring breakup was extremely late over most 
of the survey area in 2009. Most large lakes remained frozen into early 
June. Many smaller wetland habitats, such as beaver ponds, were open 
during the survey and those in northern Alberta and into the Northwest 
Territories were rated as good. Habitat conditions were drier across 
northern Saskatchewan and Manitoba but improved nearer to Hudson Bay. 
The majority of Alaska was rated as good.
Eastern Survey Area
    From Maine through most of the Maritimes, an above average snowfall 
was experienced and average spring temperatures were recorded, 
resulting in fully charged wetlands with little flooding, which is in 
contrast to flooding in 2008. Despite below average snowfall and winter 
temperatures for Newfoundland and Labrador, habitat conditions are 
rated as fair to excellent, with poorer conditions found at higher 
elevation habitat. Through New York and much of Quebec and Ontario, 
generally good to excellent waterfowl habitat exists, but a series of 
major storms during mid-May in southwest Ontario could hamper 
production because of flooding. The Nickel and Clay Belts of east-
central Ontario and points farther west were supporting good habitat at 
the time of the survey following average winter and spring 
precipitation. Good habitat conditions remained moving farther north 
but deteriorated approaching the James and Hudson Bay lowlands due to 
deep snows and a very late spring. Lowland habitats on the Quebec side 
were much drier than normal.

Status of Teal

    The estimate of blue-winged teal from the traditional survey area 
is 7.4 million. This represents an 11.0 percent increase from 2008 and 
is 60 percent above the 1955-2008 average.

Sandhill Cranes

    Compared to increases recorded in the 1970s, annual indices to 
abundance of the Mid-continent Population (MCP) of sandhill cranes have 
been relatively stable since the early 1980s. The spring index for 2009 
in the Central Platte River Valley, Nebraska, uncorrected for 
visibility bias, was 460,000 sandhill cranes. The photo-corrected, 3-
year average for 2006-08 was 382,271, which is within the established 
population-objective range of 349,000-472,000 cranes.
    All Central Flyway States, except Nebraska, allowed crane hunting 
in portions of their States during 2008-09. An estimated 10,293 hunters 
participated in these seasons, which was similar to the number that 
participated in the previous season. Hunters harvested a record-high 
22,989 MCP cranes in the U.S. portion of the Central Flyway during the 
2008-09 seasons, which was 24 percent higher than the estimated harvest 
for the previous year. The retrieved harvest of MCP cranes in hunt 
areas outside of the Central Flyway (Arizona, Pacific Flyway portion of 
New Mexico, Alaska, Canada, and Mexico combined) was 15,024 during 
2008-09. The preliminary estimate for the North American MCP sport 
harvest, including crippling losses, was 42,536 birds, which was a 
record high and is 7 percent higher than the previous year's estimate. 
The long-term (1982-2004) trend for the MCP indicate that harvest has 
been increasing at a higher rate than population growth.
    The fall 2008 pre-migration survey for the Rocky Mountain 
Population (RMP) resulted in a count of 21,156 cranes. The 3-year 
average for 2005, 2007, and 2008 (no survey was conducted in 2006) was 
21,614 sandhill cranes, which is above the established population 
objective of 17,000-21,000 for the RMP. Hunting seasons during 2008-09 
in portions of Arizona, Idaho, Montana, New Mexico, Utah, and Wyoming 
resulted in a record-high harvest of 936 RMP cranes, a 14 percent 
increase from the harvest of 820 in 2007-08. The Lower Colorado River 
Valley Population (LCRVP) survey results indicate an increase from 
1,900 birds in 1998 to 2,401 birds in 2009. The 3-year average of 2,981 
LCRVP cranes is based on counts from 2006, 2007 and 2009 (survey was 
not complete in 2008)

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and is above the population objective of 2,500.

Woodcock

    Singing-ground and Wing-collection Surveys were conducted to assess 
the population status of the American woodcock (Scolopax minor). The 
Singing-ground Survey is intended to measure long-term changes in 
woodcock population levels. Singing-ground Survey data for 2009 
indicate that the number of displaying woodcock in the Eastern and 
Central Management Regions were unchanged from 2008. There was no 
significant 10-year trend in woodcock heard in both management regions 
during 1999-2009. This represents the sixth consecutive year that the 
10-year trend estimate for the Eastern Region did not indicate a 
significant decline. The 10-year trend in the Central Region returned 
to stability after showing a significant decline last year. There were 
long-term (1968-2009) declines of 1.1 percent per year in both 
management regions.
    Wing-collection Survey data indicate that the 2008 recruitment 
index for the U.S. portion of the Eastern Region (1.8 immatures per 
adult female) was 11 percent higher than the 2007 index, and 8 percent 
higher than the long-term average. The recruitment index for the U.S. 
portion of the Central Region (1.6 immatures per adult female) for last 
year's reproduction season was 6 percent higher than the 2007 index and 
1 percent below the long-term average.

Band-Tailed Pigeons and Doves

    Information on the abundance and harvest of band-tailed pigeons is 
collected annually in the western United States and British Columbia. 
Annual counts of Interior band-tailed pigeons seen and heard per route 
have not changed significantly since implementation of the Breeding 
Bird Survey (BBS) in 1966; however, they decreased significantly over 
the last 10 years. The 2008 harvest was estimated to be 4,700 birds. 
For Pacific Coast band-tailed pigeons, annual BBS counts of birds seen 
and heard per route have not changed significantly since 1966, but they 
have increased significantly over the last 10 years. According to the 
Pacific Coast Mineral Site Survey, annual counts of Pacific Coast band-
tailed pigeons seen at each mineral site have increased significantly 
since the survey was experimentally implemented in 2001, but counts 
over the last 5 years appear stable. The 2008 estimate of harvest was 
30,200 birds.
    The status report summarizes information on the abundance and 
harvest of mourning doves collected annually in the United States. The 
focus is on results from the Mourning Dove Call-count Survey, but also 
includes results from the Breeding Bird Survey and Migratory Bird 
Harvest Information Program. According to the Call-count survey, over 
the most recent 10 years (2000-09), there was no significant trend in 
doves heard for either the Eastern or Western Management Units while 
the Central Unit declined significantly. Over the 44-year period (1966-
2009), there was no significant change in doves heard for the Eastern 
Unit while the Central and Western Units declined significantly. Based 
on the mean number of doves seen per route, however, there was no 
significant change for any of the three management units during the 
recent 10-year period. Over 44 years, there was no change in doves seen 
for the Eastern and Central Units while the Western Unit declined 
significantly. The preliminary 2008 harvest estimate for the United 
States was 17,402,400 doves. A banding program is underway to obtain 
current information in order to develop mourning dove population models 
for each management unit to provide guidance for improving our 
decision-making process with respect to harvest management.
    The two key States with a white-winged dove population are Arizona 
and Texas. California and New Mexico have much smaller populations.
    The Arizona Game and Fish Department (AGFD) has monitored white-
winged dove populations by means of a call-count survey to provide an 
annual index to population size. It runs concurrently with the U.S. 
Fish and Wildlife Service's Mourning Dove Call-count Survey. The index 
peaked at 52.3 mean number of white-winged doves heard per route in 
1968 but fell precipitously in the late 1970s. The index has stabilized 
to around 25 doves per route in the last few years; in 2009, the mean 
number of doves heard per route was 27.9. AGFD also monitors harvest. 
Harvest during the 15-day season (September 1-15) peaked in the late 
1960s at approximately 740,000 birds (1968 AGFD estimate) and has since 
stabilized at around 100,000 birds; the preliminary 2008 Migratory Bird 
Harvest Information Program (HIP) estimate of harvest was 95,300 birds. 
In 2007, AGFD redesigned their dove harvest survey to sample only from 
hunters registered under HIP so that results from the AGFD survey would 
be comparable to those from HIP. The preliminary 2008 Arizona harvest 
estimate was 79,488 birds.
    In Texas, white-winged doves continue to expand their breeding 
range. Nesting by whitewings has been recorded in most counties, except 
for the northeastern part of the State. Nesting is essentially confined 
to urban areas, but appears to be expanding to exurban areas. 
Concomitant with this range expansion has been a continuing increase in 
white-wing abundance. A new DISTANCE sampling protocol was implemented 
for central and south Texas for 2007, and expanded in 2008 so that 
coverage is almost Statewide. Once fully implemented, biologists should 
have the ability to obtain a good estimate of white-winged dove 
abundance in Texas. While 2008 and 2009 data are not available at this 
time, 2007 surveys indicated an estimated abundance throughout surveyed 
areas (representing about 20 percent of the State) of about 2,300,000 
white-wings. Total Statewide harvest has averaged about 2 million birds 
annually.
    The Texas Parks and Wildlife Department is working to improve 
management of white-winged doves in Texas in the following ways: (1) 
Expanding current surveys of spring populations to encompass areas 
throughout the State that now have breeding populations; (2) completing 
the Tamaulipas-Texas White-winged Dove Strategic Plan so that there are 
consistent and comparable harvest management strategies, surveys, 
research, and data collection across the breeding range of the species; 
(3) expanding operational banding in 2009 that was begun in 2007 to 
derive estimates of survival and harvest rates; (4) implementing a 
wing-collection survey for recruitment rates in lieu of the feeding 
flight and production surveys; (5) estimating probability of detection 
for more accurate estimates of breeding populations within urban 
environments; and (6) evaluating and estimating reproductive success in 
urban areas to better estimate population increases.
    In California, BBS data (although imprecise due to a small sample 
size) indicate that there has been a significant increase in the 
population between 1968 and 2008. According to HIP surveys, the 
preliminary harvest estimate for 2008 was 83,300 birds. In New Mexico, 
BBS data (very imprecise due to a small sample size) also showed a 
significant increase over the long term. In 2008, the estimated harvest 
was 49,100 birds.
    White-tipped doves are believed to be maintaining a relatively 
stable population in the Lower Rio Grande Valley (LRGV) of Texas. 
DISTANCE sampling procedures in the LRGV include whitetips. However, 
until the sampling frame includes rural Rio Grande corridor habitats, 
not many

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whitetips will be reported. Sampling frame issues are expected to be 
resolved by next year. However, annual white-tipped dove harvest during 
the special season is only averaging 3,000-4,000 birds.

Review of Public Comments

    The preliminary proposed rulemaking (April 10 Federal Register) 
opened the public comment period for migratory game bird hunting 
regulations and announced the proposed regulatory alternatives for the 
2009-10 duck hunting season. Comments concerning early-season issues 
and the proposed alternatives are summarized below and numbered in the 
order used in the April 10 Federal Register document. Only the numbered 
items pertaining to early-season issues and the proposed regulatory 
alternatives for which written comments were received are included. 
Consequently, the issues do not follow in consecutive numerical or 
alphabetical order.
    We 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.
    We seek additional information and comments on the recommendations 
in this supplemental proposed rule. New proposals and modifications to 
previously described proposals are discussed below. Wherever possible, 
they are discussed under headings corresponding to the numbered items 
in the April 10 Federal Register document.

1. Ducks

    Categories used to discuss issues related to duck harvest 
management are: (A) General Harvest Strategy; (B) Regulatory 
Alternatives, including specification of framework dates, season 
lengths, and bag limits; (C) Zones and Split Seasons; and (D) Special 
Seasons/Species Management. The categories correspond to previously 
published issues/discussions, and only those containing substantial 
recommendations are discussed below.

A. General Harvest Strategy

    Council Recommendations: The Mississippi Flyway Council recommended 
that regulations changes be restricted to one step per year, both when 
restricting as well as liberalizing hunting regulations.
    Service Response: As we stated in the April 10 Federal Register, we 
intend to continue use of adaptive harvest management (AHM) to help 
determine appropriate duck-hunting regulations for the 2009-10 season. 
AHM is a tool that permits sound resource decisions in the face of 
uncertain regulatory impacts, as well as providing a mechanism for 
reducing that uncertainty over time. The current AHM protocol is used 
to evaluate four alternative regulatory levels based on the population 
status of mallards (special hunting restrictions are enacted for 
certain species, such as canvasbacks, scaup, and pintails).
    As we stated last year regarding incorporation of a one-step 
constraint into the AHM process (73 FR 50678), this proposal was 
addressed by the AHM Task Force of the Association of Fish and Wildlife 
Agencies (AFWA) in its report and recommendations. This recommendation 
will be included in considerations of potential changes to the set of 
regulatory alternatives at a yet to be determined later date. 
Currently, there is no consensus on behalf of the Flyway Councils on 
how to modify the regulatory alternatives. We believe that the new 
Supplemental Environmental Impact Statement for the migratory bird 
hunting program (see NEPA Consideration section), currently in 
preparation, may be an appropriate venue for considering such changes 
in a more comprehensive manner that involves input from all Flyways.
    We will propose a specific regulatory alternative for each of the 
Flyways during the 2009-10 season after survey information becomes 
available later this summer. More information on AHM is located at 
http://www.fws.gov/migratorybirds/CurrentBirdIssues/Management/AHM/AHM-intro.htm.

B. Regulatory Alternatives

    Council Recommendations: The Mississippi and Central Flyway 
Councils recommended that regulatory alternatives for duck hunting 
seasons remain the same as those used in 2008.
    Service Response: The regulatory alternatives proposed in the April 
10 Federal Register will be used for the 2009-10 hunting season (see 
accompanying table at the end of this proposed rule for specifics). In 
2005, the AHM regulatory alternatives were modified to consist only of 
the maximum season lengths, framework dates, and bag limits for total 
ducks and mallards. Restrictions for certain species within these 
frameworks that are not covered by existing harvest strategies will be 
addressed during the late-season regulations process. For those species 
with harvest strategies (canvasbacks, pintails, black ducks, and 
scaup), those strategies will be used for the 2009-10 hunting season.

D. Special Seasons/Species Management

i. September Teal Seasons
    Council Recommendations: The Atlantic Flyway Council recommended 
that the number of hunting days during the special September teal 
season in the Atlantic Flyway be increased from 9 consecutive days to 
16 consecutive days whenever the blue-winged teal breeding population 
exceeds 4.7 million birds.
    Service Response: We concur with the Atlantic Flyway Council's 
recommendation to increase the number of hunting days during the 
special September teal season from 9 consecutive hunting days to 16 
consecutive hunting days in the Atlantic Flyway whenever the blue-
winged teal breeding population estimate for the traditional survey 
area exceeds 4.7 million birds. While the Mississippi and Central 
Flyways have had operational 16-day September teal seasons (whenever 
the blue-winged teal breeding population estimate for the traditional 
survey area exceeds 4.7 million birds) since 1998, the Atlantic 
Flyway's existing 9-day September teal seasons were first implemented 
in 1998 and made operational in 2003. We estimate that the additional 7 
hunting days will result in an increased harvest of about 7,700 blue-
winged teal, or about a 10 percent increase in the Atlantic Flyway's 
overall blue-winged teal harvest of about 75,000 (average of 75,290 
since 1998). In 2007, blue-winged teal harvest in the Mississippi and 
Central Flyways was about 532,000 in the special September season, and 
over 973,000 overall.
    In providing the Atlantic Flyway this expanded opportunity for 
teal, we offer several notes to the Atlantic, Central, and Mississippi 
Flyway Councils regarding teal. First, the Atlantic Flyway Council 
should prepare a report that evaluates pertinent teal population and 
harvest information after the 16-day season has been conducted for 3 
years. Second, we note that an assessment of the cumulative effects of 
all teal harvest, including harvest during special September seasons, 
has never been conducted. Therefore, we will not agree to any further 
modifications of special September teal seasons or other special 
September duck seasons until a thorough assessment of the harvest 
potential has been completed for both blue-winged and green-winged 
teal, as

[[Page 36874]]

well as an assessment of the impacts of current special September 
seasons on these two species. We request that the Atlantic, 
Mississippi, and Central Flyway Councils designate representatives who 
will assist Service staff with the technical aspects of these 
assessments. Our goal is to complete this important assessment work 
within 3 years.
    Finally, utilizing the criteria developed for the teal season 
harvest strategy, this year's estimate of 7.4 million blue-winged teal 
from the traditional survey area indicates that a 16-day September teal 
season in the Atlantic, Central, and Mississippi Flyways is appropriate 
for 2009.
vi. Scaup
    Council Recommendations: The Mississippi Flyway Council recommended 
that the ``restrictive'' regulatory alternative for scaup in the 
Mississippi Flyway be a 45-day season with a 2-bird daily bag limit and 
a 15-day season with 1-bird daily bag limit.
    The Central Flyway Council recommended modifying the 
``restrictive'' regulatory alternative for scaup in the Central Flyway 
to an option of a 74-day season with a 1-bird daily bag limit, or a 39-
day season with a 3-bird daily bag limit, or a 39-day season with a 2-
bird daily bag limit and a 35-day season with 1-bird daily bag limit. 
The Council further recommended that the ``moderate'' and the 
``liberal'' alternatives remain unchanged from last year. Subsequent to 
this March 2009 recommendation, the Council amended the recommendation 
at the June SRC meeting to a ``restrictive'' regulatory alternative for 
scaup in the Central Flyway of a 39-day season with a 2-bird daily bag 
limit and a 35-day season with 1-bird daily bag limit.
    Service Response: We support the Mississippi Flyway Council's 
recommendation to modify their ``restrictive'' regulatory alternative 
for scaup to a season consisting of 45 days with a 2-bird daily bag 
limit and 15 days with a 1-bird daily bag limit. The projected harvest 
from this regulatory alternative falls within the guidelines we 
provided the Flyway Councils in April (74 FR 16339).
    We do not support the Central Flyway Council's original 
recommendation that includes an option for the ``restrictive'' 
regulatory alternative. While we understand that, on their own, each 
option would likely conform to the established harvest guidelines, 
providing for options among States would result in different 
regulations within the Flyway, which would preclude proper evaluation.
    The use of State ``options'' (i.e., two or more combinations of 
daily bag limit and season length from which each State could 
periodically select) in harvest management is problematic. Such 
differential regulations within a Flyway (or within designated 
management units, such as the High Plains Mallard Management Unit in 
the Central Flyway), confound our ability to adequately assess the 
impacts of regulations on duck harvest, and hence the ability to 
appropriately adjust regulations in response to changes in population 
status. The potential of these differential regulations changing 
annually adds further complications to any evaluations of potential 
impacts or development of appropriate regulatory responses. Therefore, 
we will not approve the use of options in developing harvest management 
approaches for scaup or other ducks.
    We do, however, support the Council's amended recommendation of a 
``restrictive'' regulatory alternative for scaup in the Central Flyway, 
consisting of a 39-day season with a 2-bird daily bag limit and a 35-
day season with a 1-bird daily bag limit. Like the Mississippi Flyway 
Council's recommended regulatory alternative, the projected harvest 
from this regulatory alternative falls within the guidelines we 
provided the Flyway Councils in April (74 FR 16339).
    Hybrid seasons (seasons with differential daily bag limits) may be 
applied to each duck zone within a State; however, the portion of the 
season in which the daily bag limit for scaup is higher must be placed 
in a continuous segment (i.e., segments of lower daily bag limits 
cannot be inserted between segments with higher daily bag limits). If 
the number of days with the higher daily bag limit is interrupted by a 
season split, the remaining days for that segment must be utilized at 
the beginning of the next split. Construction of ``restrictive,'' 
``moderate,'' and ``liberal'' scaup packages have been made under the 
assumption of a liberal AHM framework as determined by the status of 
mallards. To date, we have not addressed how changes in the AHM 
frameworks would affect the scaup decision-making framework. The suite 
of scaup regulatory packages shall remain in place for the next 3 years 
in all four Flyways and will be evaluated at the end of that period.

4. Canada Geese

B. Regular Seasons

    Council Recommendations: The Upper- and Lower-Region Regulations 
Committees of the Mississippi Flyway Council recommended that the 
framework opening date for all species of geese for the regular goose 
seasons in Michigan and Wisconsin be September 16, 2009.
    Service Response: We concur. As we stated last year (73 FR 50678), 
we agree with the objective to increase harvest pressure on resident 
Canada geese in the Mississippi Flyway and will continue to consider 
the opening dates in both States as exceptions to the general Flyway 
opening date, to be reconsidered annually.

9. Sandhill Cranes

    Council Recommendations: The Mississippi, Central, and Pacific 
Flyway Councils recommended expanding the area open to Mid-continent 
Population (MCP) sandhill crane hunting in Wyoming to include Johnson 
and Sheridan Counties.
    The Central and Pacific Flyway Councils recommended using the 2009 
Rocky Mountain Population (RMP) sandhill crane harvest allocation of 
1,939 birds as proposed in the allocation formula using the 3-year 
running average.
    The Pacific Flyway Council recommended extending the experimental, 
limited hunt for Lower Colorado River sandhill cranes in Arizona for an 
additional 3 years. The extension is necessary due to difficulties 
initiating the new hunt, which was approved by the Service in 2007.
    Service Response: We agree with the Councils' recommendations on 
the RMP sandhill crane harvest allocation of 1,939 birds for the 2009-
10 season as outlined in the RMP sandhill crane management plan's 
harvest allocation formula. Regarding the modification of the MCP 
sandhill crane hunt area in Wyoming to include portions of Johnson and 
Sheridan Counties, we agree. Both of these areas are within existing 
MCP hunt plans.
    In 2007, the Pacific Flyway Council recommended, and we approved, 
the establishment of a limited hunt for the Lower Colorado River Valley 
Population (LCRVP) of sandhill cranes in Arizona (72 FR 49622). 
However, the population inventory on which the LCRVP hunt plan is based 
was not completed that year. Thus, the Arizona Game and Fish Department 
chose to not conduct the hunt in 2007 and sought approval from the 
Service again last year to begin conducting the hunt. We again

[[Page 36875]]

approved the limited hunt (73 FR 50678). However, due to complications 
encountered with the proposed onset of this new season falling within 
ongoing efforts to open new hunting seasons on Federal wildlife 
refuges, the experimental limited hunt season was not opened last year. 
As such, the State of Arizona has requested that the next 3 years 
(2009-12) be designated as the new experimental season and has 
designated an area under State control where the experimental hunt will 
be conducted. Given that the LCRVP survey results indicate an increase 
from 1,900 birds in 1998 to 2,401 birds in 2009, and that the 3-year 
average of 2,981 LCRVP cranes is above the population objective of 
2,500, we continue to support the establishment of the 3-year 
experimental framework for this hunt, conditional on successful 
monitoring being conducted as called for in the Flyway hunt plan for 
this population.
    Our final environmental assessment (FEA) on this new hunt can be 
obtained by writing Robert Trost, Pacific Flyway Representative, U.S. 
Fish and Wildlife Service, Division of Migratory Bird Management, 911 
NE. 11th Avenue, Portland, OR 97232-4181, or it may be viewed via the 
Service's home page at http://www.regulations.gov or at http://www.fws.gov/migratorybirds/CurrentBirdIssues/Management/BirdManagement.html.

16. Mourning Doves

    Council Recommendations: The Atlantic and Mississippi Flyway 
Councils recommended use of the ``moderate'' season framework for 
States within the Eastern Management Unit population of mourning doves, 
resulting in a 70-day season and 15-bird daily bag limit. The daily bag 
limit could be composed of mourning doves and white-winged doves, 
singly or in combination.
    The Mississippi and Central Flyway Councils recommend the use of 
the standard (or ``moderate'') season package of a 15-bird daily bag 
limit and a 70-day season for the 2009-10 mourning dove season in the 
States within the Central Management Unit. The daily bag limit could be 
composed of mourning doves and white-winged doves, singly or in 
combination. The Councils also recommended changing the opening date 
for dove hunting in the South Zone in Texas to the Friday nearest 
September 20, but not earlier than September 17.
    The Pacific Flyway Council recommended use of the ``moderate'' 
season framework for States in the Western Management Unit (WMU) 
population of mourning doves, which represents no change from last 
year's frameworks.
    Service Response: Last year, we accepted and endorsed the interim 
harvest strategies for the Central, Eastern, and Western Management 
Units (73 FR 50678). As we stated then, the interim mourning dove 
harvest strategies are a step towards implementing the Mourning Dove 
National Strategic Harvest Plan (Plan) that was approved by all four 
Flyway Councils in 2003. The Plan represents a new, more informed means 
of decision-making for dove harvest management besides relying solely 
on traditional roadside counts of mourning doves as indicators of 
population trend. However, recognizing that a more comprehensive, 
national approach would take time to develop, we requested the 
development of interim harvest strategies, by management unit, until 
the elements of the Plan can be fully implemented. In 2004, each 
management unit submitted its respective strategy, but the strategies 
used different datasets and different approaches or methods. After 
initial submittal and review in 2006, we requested that the strategies 
be revised, using similar, existing datasets among the management units 
along with similar decision-making criteria. In January 2008, we 
recommended that, following approval by the respective Flyway Councils 
in March, they be submitted in 2008 for endorsement by the Service, 
with implementation for the 2009-10 hunting season.
    Thus, based on the new interim harvest strategies and current 
population status, we agree with the recommended selection of the 
``moderate'' season frameworks for doves in the Eastern, Central, and 
Western Management Units.
    Regarding the recommended change in the opening date for dove 
hunting in the South Zone in Texas, we agree. Allowing Texas to use a 
``floating'' framework opening date for the South Zone is a relatively 
minor change that would allow Texas additional flexibility in 
establishing its season.

17. White-Winged and White-Tipped Doves

    Council Recommendations: The Mississippi and Central Flyway 
Councils recommend modifying the boundary for the Special White-winged 
Dove Area (SWWDA) in Texas by removing portions of Jim Hogg and 
northern Starr Counties, and modifying the daily bag limit in the SWWDA 
in Texas to 15 doves per day in the aggregate to be consistent with 
mourning dove frameworks.
    Service Response: We agree with the Councils' recommendation to 
remove portions of the SWWDA area in Texas. Removal of the areas with 
poorer quality white-winged dove habitat from the SWWDA hunt area will 
allow Texas to more appropriately manage the overall dove harvest. We 
also agree with the Councils' recommendation to modify the daily bag 
limit in the SWWDA from 12 to 15 birds per day. Increasing the overall 
aggregate daily bag limit on doves, while maintaining the internal bag 
limit restrictions on mourning and white-tipped doves, will provide 
hunters more consistent and easily understood dove hunting regulations.

18. Alaska

    Council Recommendations: The Pacific Flyway Council recommended 
reducing the daily bag limits for brant in Alaska from 3 per day with 6 
in possession to 2 per day with 4 in possession. The Council also 
subsequently recommended at the June SRC meeting several goose season 
modifications to address new survey information regarding estimates of 
dusky Canada geese. They recommended delaying the opening of goose 
hunting in the affected areas by one week, implementing an education 
and outreach program to notify hunters of the need for further harvest 
restrictions, initiation of a voluntary check station for dusky Canada 
geese in those areas, and implementation of actions identified in the 
Pacific Flyway Management Plan for dusky Canada geese in 2010.
    Service Response: The dusky Canada goose survey this year estimated 
a record low number of dusky Canada geese nesting on the Copper River 
Delta in Alaska. These results increase our longstanding concern for 
this subspecies of Canada goose. Further, we appreciate the fact that 
the Pacific Flyway had planned for this possible situation when the 
Flyway management plan for this population was revised in 2008, and we 
strongly support the development and use of these cooperatively-
developed management plans. Therefore, we propose to enact the harvest 
management program called for in the Flyway management plan at this 
population level. More specifically:
    1. A mandatory State-issued permit is required to hunt Canada geese 
in Alaska GMU 6-C, and on Middleton, Hinchinbrook and Hawkins Islands 
in the Gulf of Alaska adjacent to GMU 6-C;
    2. All geese harvested from these areas must be taken to a State-
operated

[[Page 36876]]

check station where the subspecies will be determined;
    3. The season for all Canada geese will be closed if a total of 40 
dusky Canada geese are harvested; and
    4. The State of Alaska will conduct an effort to educate the 
hunting public about the conservation concerns surrounding the dusky 
Canada goose in the area of Cordova, Alaska.
    We recognize the fact that implementation of the permit hunt in a 
relatively short time will prove challenging, but we strongly believe 
that the actions outlined in the management plan constitute the best 
course of action for harvest management of the dusky Canada goose.
    We recognize the work involved crafting the amended recommendation 
from the Pacific Flyway Council on behalf of the State of Alaska. 
However, this recommendation consists of harvest management actions not 
addressed in the Flyway management plan and their impact on dusky 
Canada goose harvest is unknown. Further, the Council's amended 
proposal does not establish a limit on the number of dusky Canada geese 
that could be taken, nor would they provide any information regarding 
the harvest of dusky Canada geese in the Copper River Delta area.
    We concur with the Pacific Flyway Council's recommendation to 
decrease the daily bag and possession limit for brant.

20. Puerto Rico

    Council Recommendations: The Atlantic Flyway Council recommended 
that Puerto Rico be permitted to adopt a 20-bird bag limit for doves in 
the aggregate for the next three hunting seasons, 2009-2011. Legally 
hunted dove species in Puerto Rico are the Zenaida dove, the white-
winged dove, and the mourning dove. They also recommended that the 20-
bird aggregate bag limit should include no more than 10 Zenaida doves 
and no more than 3 mourning doves.
    Service Response: As we stated last year when we approved Puerto 
Rico's proposal (73 FR 50678), we concur with the intent of the 3-year 
experimental season to increase harvest pressure on a rapidly growing 
population of white-winged doves while decreasing hunting pressure on 
Zenaida and mourning doves.

Public Comments

    The Department of the Interior's policy is, whenever practicable, 
to afford the public an opportunity to participate in the rulemaking 
process. Accordingly, we invite interested persons to submit written 
comments, suggestions, or recommendations regarding the proposed 
regulations. Before promulgation of final migratory game bird hunting 
regulations, we will take into consideration all comments received. 
Such comments, and any additional information received, may lead to 
final regulations that differ from these proposals.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in the ADDRESSES section. We will not 
consider comments sent by e-mail or fax or to an address not listed in 
the ADDRESSES section. Finally, we will not consider hand-delivered 
comments that we do not receive, or mailed comments that are not 
postmarked, by the date specified in the DATES section.
    We will post your entire comment--including your personal 
identifying information--on http://www.regulations.gov. Before 
including your address, phone number, e-mail address, or other personal 
identifying information in your comment, you should be aware that your 
entire comment B including your personal identifying information B may 
be made publicly available at any time. While you can ask us in your 
comment to withhold your personal identifying information from public 
review, we cannot guarantee that we will be able to do so.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Division of Migratory Bird Management, Room 4107, 
4501 North Fairfax Drive, Arlington, VA 22203.
    For each series of proposed rulemakings, we will establish specific 
comment periods. We will consider, but possibly may not respond in 
detail to, each comment. As in the past, we will summarize all comments 
received during the comment period and respond to them after the 
closing date in any final rules.

NEPA Consideration

    NEPA considerations are covered by the programmatic document 
``Final Supplemental Environmental Impact Statement: Issuance of Annual 
Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88-
14),'' filed with the Environmental Protection Agency on June 9, 1988. 
We published a notice of availability in the Federal Register on June 
16, 1988 (53 FR 22582). We published our record of decision on August 
18, 1988 (53 FR 31341). In addition, an August 1985 environmental 
assessment entitled ``Guidelines for Migratory Bird Hunting Regulations 
on Federal Indian Reservations and Ceded Lands'' is available from the 
address indicated under the caption FOR FURTHER INFORMATION CONTACT.
    In a notice published in the September 8, 2005, Federal Register 
(70 FR 53376), we announced our intent to develop a new Supplemental 
Environmental Impact Statement for the migratory bird hunting program. 
Public scoping meetings were held in the spring of 2006, as detailed in 
a March 9, 2006, Federal Register (71 FR 12216). We have prepared a 
scoping report summarizing the scoping comments and scoping meetings. 
The report is available by either writing to the address indicated 
under FOR FURTHER INFORMATION CONTACT or by viewing on our Web site at 
http://www.fws.gov/migratorybirds/.

Endangered Species Act Consideration

    Prior to issuance of the 2009-10 migratory game bird hunting 
regulations, we will comply with provisions of the Endangered Species 
Act of 1973, as amended (16 U.S.C. 1531-1543; hereinafter, the Act), to 
ensure that hunting is not likely to jeopardize the continued existence 
of any species designated as endangered or threatened, or modify or 
destroy its critical habitat, and is consistent with conservation 
programs for those species. Consultations under section 7 of the Act 
may cause us to change proposals in this and future supplemental 
rulemaking documents.

Executive Order 12866

    The Office of Management and Budget has determined that this rule 
is significant and has reviewed this rule under Executive Order 12866. 
A regulatory cost-benefit analysis has been prepared and is available 
at http://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or at http://www.regulations.gov. OMB bases its determination of regulatory 
significance upon the following four criteria:
    (a) Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of the government.
    (b) Whether the rule will create inconsistencies with other Federal 
agencies' actions.
    (c) Whether the rule will materially affect entitlements, grants, 
user fees,

[[Page 36877]]

loan programs, or the rights and obligations of their recipients.
    (d) Whether the rule raises novel legal or policy issues.

Clarity of the Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that are unclearly written, which sections or sentences 
are too long, the sections where you feel lists or tables would be 
useful, etc.

Regulatory Flexibility Act

    The regulations have a significant economic impact on substantial 
numbers of small entities under the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.). We analyzed the economic impacts of the annual 
hunting regulations on small business entities in detail as part of the 
1981 cost-benefit analysis. This analysis was revised annually from 
1990-95. In 1995, the Service issued a Small Entity Flexibility 
Analysis (Analysis), which was subsequently updated in 1996, 1998, 
2004, and 2008. The primary source of information about hunter 
expenditures for migratory game bird hunting is the National Hunting 
and Fishing Survey, which is conducted at 5-year intervals. The 2008 
Analysis was based on the 2006 National Hunting and Fishing Survey and 
the U.S. Department of Commerce's County Business Patterns, from which 
it was estimated that migratory bird hunters would spend approximately 
$1.2 billion at small businesses in 2008.
    Copies of the Analysis are available upon request from the address 
indicated under ADDRESSES or from our Web site at http://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or at http://www.regulations.gov.

Small Business Regulatory Enforcement Fairness Act

    This rule is a major rule under 5 U.S.C. 804(2), the Small Business 
Regulatory Enforcement Fairness Act. For the reasons outlined above, 
this rule has an annual effect on the economy of $100 million or more.

Paperwork Reduction Act

    We examined these regulations under the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.). 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.
    Specifically, OMB has approved the information collection 
requirements of our Migratory Bird Surveys and assigned control number 
1018-0023 (expires 2/28/2011). This information is used to provide a 
sampling frame for voluntary national surveys to improve our harvest 
estimates for all migratory game birds in order to better manage these 
populations.
    OMB has also approved the information collection requirements of 
the Alaska Subsistence Household Survey, an associated voluntary annual 
household survey used to determine levels of subsistence take in 
Alaska, and assigned control number 1018-0124 (expires 1/31/2010).
    A Federal agency may not conduct or sponsor and a person is not 
required to respond to a collection of information unless it displays a 
currently valid OMB control number.

Unfunded Mandates Reform Act

    We have determined and certify, in compliance with the requirements 
of the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this 
rulemaking will not impose a cost of $100 million or more in any given 
year on local or State government or private entities. Therefore, this 
rule is not a ``significant regulatory action'' under the Unfunded 
Mandates Reform Act.

Civil Justice Reform--Executive Order 12988

    The Department, in promulgating this proposed rule, has determined 
that this proposed rule will not unduly burden the judicial system and 
that it meets the requirements of sections 3(a) and 3(b)(2) of 
Executive Order 12988.

Takings Implication Assessment

    In accordance with Executive Order 12630, this proposed rule, 
authorized by the Migratory Bird Treaty Act, does not have significant 
takings implications and does not affect any constitutionally protected 
property rights. This rule 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 
otherwise unavailable privileges and, therefore, reduce restrictions on 
the use of private and public property.

Energy Effects--Executive Order 13211

    Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. While this proposed 
rule is a significant regulatory action under Executive Order 12866, it 
is not expected to adversely affect energy supplies, distribution, or 
use. Therefore, this action is not a significant energy action and no 
Statement of Energy Effects is required.

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), Executive Order 13175, and 512 DM 2, we 
have evaluated possible effects on Federally-recognized Indian Tribes 
and have determined that there are no effects on Indian trust 
resources. However, in the April 10 Federal Register, we solicited 
proposals for special migratory bird hunting regulations for certain 
Tribes on Federal Indian reservations, off-reservation trust lands, and 
ceded lands for the 2009-10 migratory bird hunting season. The 
resulting proposals will be contained in a separate proposed rule. By 
virtue of these actions, we have consulted with Tribes affected by this 
rule.

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. We annually prescribe frameworks from 
which the States make selections regarding the hunting of migratory 
birds, and we employ 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 Indian 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 
process allows States to participate

[[Page 36878]]

in the development of frameworks from which they will make selections, 
thereby having an influence on their own regulations. 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 13132, these regulations do not have significant 
federalism effects and do not have sufficient federalism implications 
to warrant the preparation of a Federalism Assessment.

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 2009-10 
hunting season are authorized under 16 U.S.C. 703-712 and 16 U.S.C. 742 
a-j.

    Dated: July 16, 2009.
Jane Lyder,
Deputy Assistant Secretary for Fish and Wildlife and Parks.

Proposed Regulations Frameworks for 2009-10 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 
hunting seasons for certain migratory game birds between September 1, 
2009 and March 10, 2010.

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

Waterfowl Flyways

    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.

Management Units

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.

Definitions

    Dark geese: Canada geese, white-fronted geese, brant (except in 
Alaska, California, Oregon, Washington, and the Atlantic Flyway), and 
all other goose species, except light geese.
    Light geese: Snow (including blue) geese and Ross's geese.

Waterfowl Seasons in the Atlantic Flyway

    In the Atlantic Flyway States of Connecticut, Delaware, Maine, 
Maryland, Massachusetts, New Jersey, North Carolina, Pennsylvania, and 
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, Florida, Georgia, Maryland, North 
Carolina, South Carolina, and Virginia.
    Mississippi Flyway--Alabama, Arkansas, Illinois, Indiana, Kentucky, 
Louisiana, Mississippi, Missouri, Ohio, and Tennessee.
    Central Flyway--Colorado (part), Kansas, Nebraska (part), New 
Mexico (part), Oklahoma, and Texas.
    Hunting Seasons and Daily Bag Limits: Not to exceed 16 consecutive 
hunting days in the Atlantic, Mississippi and Central Flyways. The 
daily bag limit is 4 teal.

Shooting Hours

    Atlantic Flyway--One-half hour before sunrise to sunset, except in 
Maryland, where the hours are from 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, 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 that 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 Days

    Outside Dates: States may select 2 consecutive days (hunting days 
in Atlantic Flyway States with compensatory days) per duck-hunting 
zone, designated as ``Youth Waterfowl Hunting Days,'' in addition to 
their regular duck seasons. The days must be

[[Page 36879]]

held outside any regular duck season on a weekend, holidays, or other 
non-school days when youth hunters would have the maximum opportunity 
to participate. The days 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 limits may include ducks, geese, 
mergansers, coots, moorhens, and gallinules and would be the same as 
those 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 may not duck hunt 
but may participate in other seasons that are open on the special youth 
day.

Scoter, Eider, and Long-Tailed Ducks (Atlantic Flyway)

    Outside Dates: Between September 15 and January 31.
    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 Eastern Unit of Maryland and Delaware. Seasons not to 
exceed 25 days during September 1-25 may be selected for the Montezuma 
Region of New York and the Lake Champlain Region of New York and 
Vermont. Seasons not to exceed 30 days during September 1-30 may be 
selected for Connecticut, Florida, Georgia, New Jersey, New York (Long 
Island Zone), North Carolina, Rhode Island, and South Carolina. Seasons 
may not exceed 25 days during September 1-25 in the remainder of the 
Flyway. 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 15 Canada geese.
Experimental Seasons
    Canada goose seasons of up to 10 days during September 16-25 may be 
selected in Delaware. The daily bag limit may not exceed 15 Canada 
geese. Areas open to the hunting of Canada geese must be described, 
delineated, and designated as such in each State's hunting regulations.
    Shooting Hours: One-half hour before sunrise to sunset, except that 
during any general season, shooting hours may extend to one-half hour 
after sunset if all other waterfowl seasons are closed in the specific 
applicable area.

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 Minnesota (except in the 
Northwest Goose Zone), where a season of up to 22 days during September 
1-22 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.
    A Canada goose season of up to 10 consecutive days during September 
1-10 may be selected by Michigan for Huron, Saginaw, and Tuscola 
Counties, except that the Shiawassee National Wildlife Refuge, 
Shiawassee River State Game Area Refuge, and the Fish Point Wildlife 
Area Refuge will remain closed. The daily bag limit may not exceed 5 
Canada geese.
Experimental Seasons
    Canada goose seasons of up to 7 days during September 16-22 may be 
selected in the Northwest Goose Zone in Minnesota. 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.
    Shooting Hours: One-half hour before sunrise to sunset, except that 
during September 1-15 shooting hours may extend to one-half hour after 
sunset if all other waterfowl seasons are closed in the specific 
applicable area.

Central Flyway

General Seasons
    In Kansas, Nebraska, Oklahoma, South Dakota, and Texas, Canada 
goose seasons of up to 30 days during September 1-30 may be selected. 
In Colorado, New Mexico, North Dakota, Montana, and Wyoming, 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.
    Shooting Hours: One-half hour before sunrise to sunset, except that 
during September 1-15 shooting hours may extend to one-half hour after 
sunset if all other waterfowl seasons are closed in the specific 
applicable area.

Pacific Flyway

General Seasons
    California may select a 9-day season in Humboldt County during the 
period September 1-15. The daily bag limit is 2.
    Colorado may select a 9-day season during the period of September 
1-15. The daily bag limit is 3.
    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 in Oregon, a 15-day season may be selected during the 
period September 1-20. Daily bag limits may not exceed 5 Canada geese.
    Idaho may select a 7-day season during the period September 1-15. 
The daily bag limit is 2 and the possession limit is 4.
    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 
5 Canada geese.
    Wyoming may select an 8-day season on Canada geese between 
September 1-15. This season is subject to the following conditions:

[[Page 36880]]

    1. Where applicable, the season must be concurrent with the 
September portion of the sandhill crane season.
    2. A daily bag limit of 2, with season and possession limits of 4, 
will apply to the special season.
    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 16 in 
Wisconsin and Michigan. Season lengths, bag and possession limits, and 
other provisions will be established 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 37 consecutive days may be 
selected in designated portions of North Dakota (Area 2) and Texas 
(Area 2). 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, except 2 sandhill cranes in 
designated portions of North Dakota (Area 2) and Texas (Area 2).
    Permits: Each person participating in the regular sandhill crane 
seasons must have a valid Federal or State sandhill crane hunting 
permit and/or, in those States where a Federal sandhill crane permit is 
not issued, a State-issued Harvest Information Survey Program (HIP) 
certification for game bird hunting in their possession while hunting.

Special Seasons in the Central and Pacific Flyways

    Arizona, Colorado, Idaho, Montana, New Mexico, Utah, and Wyoming 
may select seasons for hunting sandhill cranes within the range of the 
Rocky Mountain Population (RMP) 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, with the following exceptions:
    1. In Utah, 100 percent of the harvest will be assigned to the RMP 
quota;
    2. In Arizona, monitoring the racial composition of the harvest 
must be conducted at 3-year intervals;
    3. In Idaho, 100 percent of the harvest will be assigned to the RMP 
quota; and
    4. In New Mexico, the season in the Estancia Valley is 
experimental, with a requirement to monitor the level and racial 
composition of the harvest; greater sandhill cranes in the harvest will 
be assigned to the RMP quota.

Special Seasons in the Pacific Flyway

    Arizona may select a season for hunting sandhill cranes within the 
range of the Lower Colorado River Population (LCR) of sandhill cranes, 
subject to the following conditions:
    Outside Dates: Between January 1 and January 31.
    Hunting Seasons: The season may not exceed 3 days.
    Bag limits: Not to exceed 1 daily and 1 per season.
    Permits: Participants must have a valid permit, issued by the 
appropriate State, in their possession while hunting.
    Other provisions: The season is experimental. 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 Pacific Flyway Council.

Common Moorhens and Purple Gallinules

    Outside Dates: Between September 1 and the last Sunday in January 
(January 31) in the Atlantic, 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.
    Zoning: Seasons may be selected by zones established for duck 
hunting.

Rails

    Outside Dates: States included herein may select seasons between 
September 1 and the last Sunday in January (January 31) on clapper, 
king, sora, and Virginia rails.
    Hunting Seasons: Seasons 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 2 
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.
    Zoning: Seasons may be selected by zones established for duck 
hunting.

American Woodcock

    Outside Dates: States in the Eastern Management Region may select 
hunting seasons between October 1 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 Eastern Region and 45 days in the Central Region. 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 a daily bag limit of 2 band-tailed pigeons.

[[Page 36881]]

    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 3.

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 15 mourning and white-winged doves in the aggregate.
    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. 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 15 mourning and white-winged doves in the aggregate.
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 the Friday 
nearest September 20 (September 18), but not earlier than September 17, 
and January 25.
    C. Daily bag limits are aggregate bag limits with mourning, white-
winged, and white-tipped doves (see white-winged dove frameworks for 
specific daily bag limit restrictions).
    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, Oregon, and Washington--Not more than 30 consecutive days, 
with a daily bag limit of 10 mourning doves.
    Utah--Not more than 30 consecutive days, with a daily bag limit 
that may not exceed 10 mourning doves and white-winged doves in the 
aggregate.
    Nevada--Not more than 30 consecutive days, with a daily bag limit 
of 10 mourning doves, except in Clark and Nye Counties, where the daily 
bag limit may not exceed 10 mourning and white-winged doves in the 
aggregate.
    Arizona and California--Not more than 60 days, which may be split 
between two periods, September 1-15 and November 1-January 15. In 
Arizona, during the first segment of the season, the daily bag limit is 
10 mourning and white-winged doves in the aggregate, of which no more 
than 6 may be white-winged doves. During the remainder of the season, 
the daily bag limit is 10 mourning doves. In California, the daily bag 
limit is 10 mourning doves, except in Imperial, Riverside, and San 
Bernardino Counties, where 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 must be concurrent with mourning 
dove seasons.

Eastern Management Unit

    The daily bag limit may not exceed 15 mourning and white-winged 
doves in the aggregate.

Central Management Unit

    In Texas, the daily bag limit may not exceed 15 mourning, white-
winged, and white-tipped doves in the aggregate, of which no more than 
2 may be white-tipped doves. In addition, Texas also may 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 15 white-winged, mourning, and white-
tipped doves in the aggregate, of which no more than 4 may be mourning 
doves and 2 may be white-tipped doves.
    In the remainder of the Central Management Unit, the daily bag 
limit may not exceed 15 mourning and white-winged doves in the 
aggregate.

Western Management Unit

    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 Utah, 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 the remainder of the Western Management Unit, the season is 
closed.

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 5 zones. The 
season may be split without penalty in the Kodiak Zone. The seasons in 
each zone must be concurrent.
    Closures: The hunting season is closed on 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. The basic limits may include no more than 1 canvasback daily and 3 
in possession and may not include sea ducks.
    In addition to the basic duck limits, Alaska may select sea duck 
limits of 10 daily, 20 in possession, singly or in the aggregate, 
including no more than 6 each of either harlequin or long-tailed ducks. 
Sea ducks include scoters, common and king eiders, harlequin ducks, 
long-tailed ducks, and common and red-breasted mergansers.
    Light Geese--A basic daily bag limit of 4 and a possession limit of 
8.
    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 5 and 6, the taking of Canada geese is permitted from 
September 28 through December 16.
    2. On Middleton Island in Unit 6, a special, permit-only Canada 
goose

[[Page 36882]]

season may be offered. A mandatory goose identification class is 
required. Hunters must check in and check out. The bag limit is 1 daily 
and 1 in possession. The season will 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 Units 6-B, 6-C and on Hinchinbrook and Hawkins Islands in 
Unit 6-D, a special, permit-only Canada goose season may be offered. 
Hunters must have all harvested geese checked and classified to 
subspecies. The daily bag limit is 4 daily and 8 in possession. The 
Canada goose season will close in all of the permit areas if the total 
dusky goose (as defined above) harvest reaches 40.
    4. In Units 9, 10, 17, and 18, dark goose limits are 6 per day, 12 
in possession; however, no more than 2 may be Canada geese in Units 
9(E) and 18; and no more than 4 may be Canada geese in Units 9(A-C), 10 
(Unimak Island portion), and 17.
    Brant--A daily bag limit of 2 and a possession limit of 4.
    Common snipe--A daily bag limit of 8.
    Sandhill cranes--Bag and possession limits of 2 and 4, 
respectively, in the Southeast, Gulf Coast, Kodiak, and Aleutian Zones, 
and Unit 17 in the Northern Zone. In the remainder of the Northern Zone 
(outside Unit 17), bag and possession limits of 3 and 6, respectively.
    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 Game Management Unit (GMU) 17, no more than 200 permits may 
be issued during this operational season. No more than 3 tundra swans 
may be authorized per permit, with no more than 1 permit issued per 
hunter per season.
    4. In Game Management Unit (GMU) 18, no more than 500 permits may 
be issued during the operational season. Up to 3 tundra swans may be 
authorized per permit. No more than 1 permit may be issued per hunter 
per season.
    5. In GMU 22, no more than 300 permits may be issued during the 
operational season. Each permittee may be authorized to take up to 3 
tundra swans per permit. No more than 1 permit may be issued per hunter 
per season.
    6. In GMU 23, no more than 300 permits may be issued during the 
operational season. No more than 3 tundra swans may be authorized per 
permit, with no more than 1 permit issued per hunter per season.

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 20 Zenaida, 
mourning, and white-winged doves in the aggregate, of which not more 
than 10 may be Zenaida doves and 3 may be mourning doves. Not to exceed 
5 scaly-naped pigeons.
    Closed Seasons: The season is closed on the white-crowned pigeon 
and the plain pigeon, which are protected by the Commonwealth of Puerto 
Rico.
    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, 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 must 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 must 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

[[Page 36883]]

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, 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.
Louisiana
    North Zone--That portion of the State north of a line extending 
east from the Texas border along State Highway 12 to U.S. Highway 190, 
east along U.S. 190 to Interstate Highway 12, east along Interstate 12 
to Interstate Highway 10, then east along Interstate Highway 10 to the 
Mississippi border.
    South Zone--The remainder of the State.
Mississippi
    North Zone--That portion of the State north and west of a line 
extending west from the Alabama State line along U.S. Highway 84 to its 
junction with State Highway 35, then south along State Highway 35 to 
the Louisiana State line.
    South Zone--The remainder of Mississippi.
Nevada
    White-winged Dove Open Areas--Clark and Nye Counties.
Oklahoma
    North Zone--That portion of the State north of a line extending 
east from the Texas border along U.S. Highway 62 to Interstate 44, east 
along Oklahoma State Highway 7 to U.S. Highway 81, then south along 
U.S. Highway 81 to the Texas border at the Red River.
    Southwest Zone--The remainder of Oklahoma.
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 State Loop 1604 west of San Antonio; then south, east, 
and north along Loop 1604 to Interstate Highway 10 east of 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 State Loop 1604 
west of San Antonio, southeast on State Loop 1604 to Interstate Highway 
35, southwest on Interstate Highway 35 to TX 44; east along TX 44 to TX 
16 at Freer; south along TX 16 to FM 649 in Randado; south on FM 649 to 
FM 2686; east on FM 2686 to FM 1017; southeast on FM 1017 to TX 186 at 
Linn; east along TX 186 to the Mansfield Channel at Port Mansfield; 
east along the Mansfield Channel to the Gulf of Mexico.
    Area with additional restrictions--Cameron, Hidalgo, Starr, and 
Willacy Counties.
    Central Zone--That portion of the State lying between the North and 
South Zones.

Band-Tailed Pigeons

California
    North Zone--Alpine, Butte, Del Norte, Glenn, Humboldt, Lassen, 
Mendocino, Modoc, Plumas, Shasta, Sierra, Siskiyou, Tehama, and Trinity 
Counties.
    South Zone--The remainder of the State.
New Mexico
    North Zone--North of a line following U.S. 60 from the Arizona 
State line east to I-25 at Socorro and then south along I-25 from 
Socorro to the Texas State line.
    South Zone--Remainder of the State.
Washington
    Western Washington--The State of Washington excluding those 
portions lying east of the Pacific Crest Trail and east of the Big 
White Salmon River in Klickitat County.

Woodcock

New Jersey
    North Zone--That portion of the State north of NJ 70.
    South Zone--The remainder of the State.

Special September Canada Goose Seasons

Atlantic Flyway

Connecticut
    North Zone--That portion of the State north of I-95.
    South Zone--Remainder of the State.
Maryland
    Eastern Unit--Calvert, Caroline, Cecil, Dorchester, Harford, Kent, 
Queen Anne's, St. Mary's, Somerset, Talbot, Wicomico, and Worcester 
Counties; and that part of Anne Arundel County east of Interstate 895, 
Interstate 97 and Route 3; that part of Prince George's County east of 
Route 3 and Route 301; and that part of Charles County east of Route 
301 to the Virginia State line.
    Western Unit--Allegany, Baltimore, Carroll, Frederick, Garrett, 
Howard, Montgomery, and Washington Counties and that part of Anne 
Arundel County west of Interstate 895, Interstate 97 and Route 3; that 
part of Prince George's County west of Route 3 and Route 301; and that 
part of Charles County west of Route 301 to the Virginia State line.
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 will be in the Coastal Zone.
    Coastal Zone--That portion of Massachusetts east and south of the 
Central Zone.
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

[[Page 36884]]

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.
    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--Camden, Chowan, Currituck, Dare, Hyde, 
Pasquotank, Perquimans, Tyrrell, and Washington Counties; that portion 
of Bertie County north and east of a line formed by NC 45 at the 
Washington County line to U.S. 17 in Midway, U.S. 17 in Midway to U.S. 
13 in Windsor to the Hertford County line; and that portion of 
Northampton County that is north of U.S. 158 and east of NC 35.
Pennsylvania
    SJBP Zone: The area north of I-80 and west of I-79, including in 
the city of Erie west of Bay Front Parkway to and including the Lake 
Erie Duck Zone (Lake Erie, Presque Isle, and the area within 150 yards 
of the Lake Erie Shoreline).
Vermont
    Lake Champlain Zone: The U.S. portion of Lake Champlain and that 
area north and west of the line extending from the New York border 
along U.S. 4 to VT 22A at Fair Haven; VT 22A to U.S. 7 at Vergennes; 
U.S. 7 to the Canadian border.
    Interior Zone: That portion of Vermont west of the Lake Champlain 
Zone and eastward of a line extending from the Massachusetts border at 
Interstate 91; north along Interstate 91 to U.S. 2; east along U.S. 2 
to VT 102; north along VT 102 to VT 253; north along VT 253 to the 
Canadian border.
    Connecticut River Zone: The remaining portion of Vermont east of 
the Interior Zone.

Mississippi Flyway

Arkansas
    Early Canada Goose Area: Baxter, Benton, Boone, Carroll, Clark, 
Conway, Crawford, Faulkner, Franklin, Garland, Hempstead, Hot Springs, 
Howard, Johnson, Lafayette, Little River, Logan, Madison, Marion, 
Miller, Montgomery, Newton, Perry, Pike, Polk, Pope, Pulaski, Saline, 
Searcy, Sebastian, Sevier, Scott, Van Buren, Washington, and Yell 
Counties.
Illinois
    Northeast Canada Goose Zone--Cook, Du Page, 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 west from the Indiana border 
along Peotone-Beecher Road to Illinois Route 50, south along Illinois 
Route 50 to Wilmington-Peotone Road, west along Wilmington-Peotone Road 
to Illinois Route 53, north along Illinois Route 53 to New River Road, 
northwest along New River Road to Interstate Highway 55, south along I-
55 to Pine Bluff-Lorenzo Road, west along Pine Bluff-Lorenzo Road to 
Illinois Route 47, north along Illinois Route 47 to I-80, west along I-
80 to I-39, south along I-39 to Illinois Route 18, west along Illinois 
Route 18 to Illinois Route 29, south along Illinois Route 29 to 
Illinois Route 17, west along Illinois Route 17 to the Mississippi 
River, and due south across the Mississippi River to the Iowa border.
    Central Zone: That portion of the State outside the Northeast 
Canada Goose Zone and south of the North Zone to a line extending west 
from the Indiana border along Interstate Highway 70 to Illinois Route 
4, south along Illinois Route 4 to Illinois Route 161, west along 
Illinois Route 161 to Illinois Route 158, south and west along Illinois 
Route 158 to Illinois Route 159, south along Illinois Route 159 to 
Illinois Route 156, west along Illinois Route 156 to A Road, north and 
west on A Road to Levee Road, north on Levee Road to the south shore of 
New Fountain Creek, west along the south shore of New Fountain Creek to 
the Mississippi River, and due west across the Mississippi River to the 
Missouri border.
    South Zone: The remainder of Illinois.
Iowa
    North Zone: That portion of the State north of U.S. Highway 20.
    South Zone: The remainder of Iowa.
    Cedar Rapids/Iowa City Goose Zone. Includes portions of Linn and 
Johnson Counties bounded as follows: Beginning at the intersection of 
the west border of Linn County and Linn County Road E2W; then south and 
east along County Road E2W to Highway 920; then north along Highway 920 
to County Road E16; then east along County Road E16 to County Road W58; 
then south along County Road W58 to County Road E34; then east along 
County Road E34 to Highway 13; then south along Highway 13 to Highway 
30; then east along Highway 30 to Highway 1; then south along Highway 1 
to Morse Road in Johnson County; then east along Morse Road to Wapsi 
Avenue; then south along Wapsi Avenue to Lower West Branch Road; then 
west along Lower West Branch Road to Taft Avenue; then south along Taft 
Avenue to County Road F62; then west along County Road F62 to Kansas 
Avenue; then north along Kansas Avenue to Black Diamond Road; then west 
on Black Diamond Road to Jasper Avenue; then north along Jasper Avenue 
to Rohert Road; then west along Rohert Road to Ivy Avenue; then north 
along Ivy Avenue to 340th Street; then west along 340th Street to Half 
Moon Avenue; then north along Half Moon Avenue to Highway 6; then west 
along Highway 6 to Echo Avenue; then north along Echo Avenue to 250th 
Street; then east on 250th Street to Green Castle Avenue; then north 
along Green Castle Avenue to County Road F12; then west along County 
Road F12 to County Road W30; then north along County Road W30 to 
Highway 151; then north along the Linn-Benton County line to the point 
of beginning.
    Des Moines Goose Zone. Includes those portions of Polk, Warren, 
Madison and Dallas Counties bounded as follows: Beginning at the 
intersection of Northwest 158th Avenue and County Road R38 in Polk 
County; then south along R38 to Northwest 142nd Avenue; then east along 
Northwest 142nd Avenue to Northeast 126th Avenue; then east along 
Northeast 126th Avenue to Northeast 46th Street; then south along 
Northeast 46th Street to Highway 931; then east along Highway 931 to 
Northeast 80th Street; then south along Northeast 80th Street to 
Southeast 6th Avenue; then west along Southeast 6th Avenue to Highway 
65; then south and west along Highway 65 to Highway 69 in Warren 
County; then south along Highway 69 to County Road G24; then west along 
County Road G24 to Highway 28; then southwest along Highway 28 to 43rd 
Avenue; then north along 43rd Avenue to Ford Street; then west along 
Ford Street to Filmore Street;

[[Page 36885]]

then west along Filmore Street to 10th Avenue; then south along 10th 
Avenue to 155th Street in Madison County; then west along 155th Street 
to Cumming Road; then north along Cumming Road to Badger Creek Avenue; 
then north along Badger Creek Avenue to County Road F90 in Dallas 
County; then east along County Road F90 to County Road R22; then north 
along County Road R22 to Highway 44; then east along Highway 44 to 
County Road R30; then north along County Road R30 to County Road F31; 
then east along County Road F31 to Highway 17; then north along Highway 
17 to Highway 415 in Polk County; then east along Highway 415 to 
Northwest 158th Avenue; then east along Northwest 158th Avenue to the 
point of beginning.
    Cedar Falls/Waterloo Goose Zone: Includes those portions of Black 
Hawk County bounded as follows: Beginning at the intersection of County 
Roads C66 and V49 in Black Hawk County, then south along County Road 
V49 to County Road D38, then west along County Road D38 to State 
Highway 21, then south along State Highway 21 to County Road D35, then 
west along County Road D35 to Grundy Road, then north along Grundy Road 
to County Road D19, then west along County Road D19 to Butler Road, 
then north along Butler Road to County Road C57, then north and east 
along County Road C57 to U.S. Highway 63, then south along U.S. Highway 
63 to County Road C66, then east along County Road C66 to the point of 
beginning.
Minnesota
    Twin Cities Metropolitan Canada Goose Zone--
    A. All of Hennepin and Ramsey Counties.
    B. In Anoka County, all of Columbus Township lying south of County 
State Aid Highway (CSAH) 18, Anoka County; all of the cities of Ramsey, 
Andover, Anoka, Coon Rapids, Spring Lake Park, Fridley, Hilltop, 
Columbia Heights, Blaine, Lexington, Circle Pines, Lino Lakes, and 
Centerville; and all of the city of Ham Lake except that portion lying 
north of CSAH 18 and east of U.S. Highway 65.
    C. That part of Carver County lying north and east of the following 
described line: Beginning at the northeast corner of San Francisco 
Township; then west along the north boundary of San Francisco Township 
to the east boundary of Dahlgren Township; then north along the east 
boundary of Dahlgren Township to U.S. Highway 212; then west along U.S. 
Highway 212 to State Trunk Highway (STH) 284; then north on STH 284 to 
County State Aid Highway (CSAH) 10; then north and west on CSAH 10 to 
CSAH 30; then north and west on CSAH 30 to STH 25; then east and north 
on STH 25 to CSAH 10; then north on CSAH 10 to the Carver County line.
    D. In Scott County, all of the cities of 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; then east on CSAH 2 to U.S. Highway 61; 
then south on U.S. Highway 61 to State Trunk Highway (STH) 97; then 
east on STH 97 to the intersection of STH 97 and STH 95; then due east 
to the east boundary of the State.
    Northwest Goose 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.
    Southeast Goose Zone--That part of the State within the following 
described boundaries: Beginning at the intersection of U.S. Highway 52 
and the south boundary of the Twin Cities Metro Canada Goose Zone; then 
along the U.S. Highway 52 to State Trunk Highway (STH) 57; then along 
STH 57 to the municipal boundary of Kasson; then along the municipal 
boundary of Kasson County State Aid Highway (CSAH) 13, Dodge County; 
then along CSAH 13 to STH 30; then along STH 30 to U.S. Highway 63; 
then along U.S. Highway 63 to the south boundary of the State; then 
along the south and east boundaries of the State to the south boundary 
of the Twin Cities Metro Canada Goose Zone; then along said boundary to 
the point of beginning.
    Five Goose Zone--That portion of the State not included in the Twin 
Cities Metropolitan Canada Goose Zone, the Northwest Goose Zone, or the 
Southeast Goose Zone.
    West Zone--That portion of the State encompassed by a line 
beginning at the junction of State Trunk Highway (STH) 60 and the Iowa 
border, then north and east along STH 60 to U.S. Highway 71, north 
along U.S. 71 to I-94, then north and west along I-94 to the North 
Dakota 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.
    East Tennessee Zone--Anderson, Bledsoe, Bradley, Blount, Campbell, 
Carter, Claiborne, Clay, Cocke, Cumberland, DeKalb, Fentress, Grainger, 
Greene, Grundy, Hamblen, Hamilton, Hancock, Hawkins, Jackson, 
Jefferson, Johnson, Knox, Loudon, Marion, McMinn, Meigs, Monroe, 
Morgan, Overton, Pickett, Polk, Putnam, Rhea, Roane, Scott, Sequatchie, 
Sevier, Sullivan, Unicoi, Union, Van Buren, Warren, Washington, and 
White Counties.
Wisconsin
    Early-Season Subzone A--That portion of the State encompassed by 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.
    Early-Season Subzone B--The remainder of the State.

Central Flyway

Nebraska
    September Canada Goose Unit--That part of Nebraska bounded by a 
line from the Nebraska-Iowa State line west on U.S. Highway 30 to U.S. 
Highway 81, then south on U.S. Highway 81 to NE Highway 64, then east 
on NE Highway 64 to NE Highway 15, then south on NE

[[Page 36886]]

Highway 15 to NE Highway 41, then east on NE Highway 41 to NE Highway 
50, then north on NE Highway 50 to NE Highway 2, then east on NE 
Highway 2 to the Nebraska-Iowa State line.
North Dakota
    Missouri River Canada Goose Zone: The area within and bounded by a 
line starting where ND Hwy 6 crosses the South Dakota border; then 
north on ND Hwy 6 to I-94; then west on I-94 to ND Hwy 49; then north 
on ND Hwy 49 to ND Hwy 200; then north on Mercer County Rd. 21 to the 
section line between sections 8 and 9 (T146N-R87W); then north on that 
section line to the southern shoreline to Lake Sakakawea; then east 
along the southern shoreline (including Mallard Island) of Lake 
Sakakawea to U.S. Hwy 83; then south on U.S. Hwy 83 to ND Hwy 200; then 
east on ND Hwy 200 to ND Hwy 41; then south on ND Hwy 41 to U.S. Hwy 
83; then south on U.S. Hwy 83 to I-94; then east on I-94 to U.S. Hwy 
83; then south on U.S. Hwy 83 to the South Dakota border; then west 
along the South Dakota border to ND Hwy 6.
    Rest of State: Remainder of North Dakota.
South Dakota
    Special Early Canada Goose Unit: Entire state of South Dakota 
except the Counties of Bennett, Bon Home, Brule, Buffalo, Charles Mix, 
Custer east of SD Highway 79 and south of French Creek, Dewey south of 
212, Fall River east of SD Highway 71 and U.S. Highway 385, Gregory, 
Hughes, Hyde south of U.S. Highway 14, Lyman, Perkins, Potter west of 
U.S. Highway 83, Stanley, and Sully.

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
    Area 1--Skagit, Island, and Snohomish Counties.
    Area 2A (SW Quota Zone)--Clark County, except portions south of the 
Washougal River; Cowlitz County; and Wahkiakum County.
    Area 2B (SW Quota Zone)--Pacific County.
    Area 3--All areas west of the Pacific Crest Trail and west of the 
Big White Salmon River that are not included in Areas 1, 2A, and 2B.
    Area 4--Adams, Benton, Chelan, Douglas, Franklin, Grant, Kittitas, 
Lincoln, Okanogan, Spokane, and Walla Walla Counties.
    Area 5--All areas east of the Pacific Crest Trail and east of the 
Big White Salmon River that are not included in Area 4.

Ducks

Atlantic Flyway

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.
    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.
Maryland
    Special Teal Season Area: Calvert, Caroline, Dorchester, Kent, 
Queen Anne's, St. Mary's, Somerset, Talbot, Wicomico, and Worcester 
Counties and those parts of Cecil, Harford, and Baltimore Counties east 
of Interstate 95; that part of Anne Arundel County east of Interstate 
895, Interstate 97, and Route 3; that part of Prince Georges County 
east of Route 3 and Route 301; and that part of Charles County east of 
Route 301 to the Virginia State Line.

Mississippi Flyway

Indiana
    North Zone: That portion of the State north of a line extending 
east from the Illinois border along State Road 18 to U.S. Highway 31, 
north along U.S. 31 to U.S. 24, east along U.S. 24 to Huntington, then 
southeast along U.S. 224 to the Ohio border.
    Ohio River Zone: That portion of the State south of a line 
extending east from the Illinois border along Interstate Highway 64 to 
New Albany, east along State Road 62 to State 56, east along State 56 
to Vevay, east and north on State 156 along the Ohio River to North 
Landing, north along State 56 to U.S. Highway 50, then northeast along 
U.S. 50 to the Ohio border.
    South Zone: That portion of the State between the North and Ohio 
River Zone boundaries.
Iowa
    North Zone: That portion of the State north of a line extending 
east from the Nebraska border along State Highway 175 to State Highway 
37, southeast along State Highway 37 to State Highway 183, northeast 
along State Highway 183 to State Highway 141, east along State Highway 
141 to U.S. Highway 30, then east along U.S. Highway 30 to the Illinois 
border.
    South Zone: The remainder of Iowa.

Central Flyway

Colorado
    Special Teal Season Area: Lake and Chaffee Counties and that 
portion of the State east of Interstate Highway 25.
Kansas
    High Plains Zone: That portion of the State west of U.S. 283.
    Low Plains Early Zone: That area of Kansas east of U.S. 283, and 
generally west of a line beginning at the Junction of the Nebraska 
State line and KS 28; south on KS 28 to U.S. 36; east on U.S. 36 to KS 
199; south on KS 199 to Republic Co. Road 563; south on Republic Co. 
Road 563 to KS 148; east on KS 148 to Republic Co. Road 138; south on 
Republic Co. Road 138 to Cloud Co. Road 765; south on Cloud Co. Road 
765 to KS 9; west on KS 9 to U.S. 24; west on U.S. 24 to U.S. 281; 
north on U.S. 281 to U.S. 36; west on U.S. 36 to U.S. 183; south on 
U.S. 183 to U.S. 24; west on U.S. 24 to KS 18; southeast on KS 18 to 
U.S. 183; south on U.S. 183 to KS 4; east on KS 4 to I-135; south on I-
135 to KS 61; southwest on KS 61 to KS 96; northwest on KS 96 to U.S. 
56; west on U.S. 56 to U.S. 281; south on U.S. 281 to U.S. 54; west on 
U.S. 54 to

[[Page 36887]]

U.S. 183; north on U.S. 183 to U.S. 56; and southwest on U.S. 56 to 
U.S. 283.
    Low Plains Late Zone: The remainder of Kansas.
Nebraska
    Special Teal Season Area: That portion of the State south of a line 
beginning at the Wyoming State line; east along U.S. 26 to Nebraska 
Highway L62A east to U.S. 385; south to U.S. 26; east to NE 92; east 
along NE 92 to NE 61; south along NE 61 to U.S. 30; east along U.S. 30 
to the Iowa border.
New Mexico (Central Flyway Portion)
    North Zone: That portion of the State north of I-40 and U.S. 54.
    South Zone: The remainder of New Mexico.

Pacific Flyway

California
    Northeastern Zone: In that portion of California lying east and 
north of a line beginning at the intersection of Interstate 5 with the 
California-Oregon line; south along Interstate 5 to its junction with 
Walters Lane south of the town of Yreka; west along Walters Lane to its 
junction with Easy Street; south along Easy Street to the junction with 
Old Highway 99; south along Old Highway 99 to the point of intersection 
with Interstate 5 north of the town of Weed; south along Interstate 5 
to its junction with Highway 89; east and south along Highway 89 to 
Main Street Greenville; north and east to its junction with North 
Valley Road; south to its junction of Diamond Mountain Road; north and 
east to its junction with North Arm Road; south and west to the 
junction of North Valley Road; south to the junction with Arlington 
Road (A22); west to the junction of Highway 89; south and west to the 
junction of Highway 70; east on Highway 70 to Highway 395; south and 
east on Highway 395 to the point of intersection with the California-
Nevada State line; north along the California-Nevada State line to the 
junction of the California-Nevada-Oregon State lines west along the 
California-Oregon State line to the point of origin.
    Colorado River Zone: Those portions of San Bernardino, Riverside, 
and Imperial Counties east of a line extending from the Nevada border 
south along U.S. 95 to Vidal Junction; south on a road known as 
``Aqueduct Road'' in San Bernardino County through the town of Rice to 
the San Bernardino-Riverside County line; south on a road known in 
Riverside County as the ``Desert Center to Rice Road'' to the town of 
Desert Center; east 31 miles on I-10 to the Wiley Well Road; south on 
this road to Wiley Well; southeast along the Army-Milpitas Road to the 
Blythe, Brawley, Davis Lake intersections; south on the Blythe-Brawley 
paved road to the Ogilby and Tumco Mine Road; south on this road to 
U.S. 80; east 7 miles on U.S. 80 to the Andrade-Algodones Road; south 
on this paved road to the Mexican border at Algodones, Mexico.
    Southern Zone: That portion of southern California (but excluding 
the Colorado River Zone) south and east of a line extending from the 
Pacific Ocean east along the Santa Maria River to CA 166 near the City 
of Santa Maria; east on CA 166 to CA 99; south on CA 99 to the crest of 
the Tehachapi Mountains at Tejon Pass; east and north along the crest 
of the Tehachapi Mountains to CA 178 at Walker Pass; east on CA 178 to 
U.S. 395 at the town of Inyokern; south on U.S. 395 to CA 58; east on 
CA 58 to I-15; east on I-15 to CA 127; north on CA 127 to the Nevada 
border.
    Southern San Joaquin Valley Temporary Zone: All of Kings and Tulare 
Counties and that portion of Kern County north of the Southern Zone.
    Balance-of-the-State Zone: The remainder of California not included 
in the Northeastern, Southern, and Colorado River Zones, and the 
Southern San Joaquin Valley Temporary Zone.

Canada Geese

Michigan
    MVP--Upper Peninsula Zone: The MVP--Upper Peninsula Zone consists 
of the entire Upper Peninsula of Michigan.
    MVP--Lower Peninsula Zone: The MVP--Lower Peninsula Zone consists 
of the area within the Lower Peninsula of Michigan that is north and 
west of the point beginning at the southwest corner of Branch County, 
north continuing along the western border of Branch and Calhoun 
Counties to the northwest corner of Calhoun County, then east to the 
southwest corner of Eaton County, then north to the southern border of 
Ionia County, then east to the southwest corner of Clinton County, then 
north along the western border of Clinton County continuing north along 
the county border of Gratiot and Montcalm Counties to the southern 
border of Isabella county, then east to the southwest corner of Midland 
County, then north along the west Midland County border to Highway M-
20, then easterly to U.S. Highway 10, then easterly to U.S. Interstate 
75/U.S. Highway 23, then northerly along I-75/U.S. 23 and easterly on 
U.S. 23 to the centerline of the Au Gres River, then southerly along 
the centerline of the Au Gres River to Saginaw Bay, then on a line 
directly east 10 miles into Saginaw Bay, and from that point on a line 
directly northeast to the Canadian border.
    SJBP Zone is the rest of the State, that area south and east of the 
boundary described above.

Sandhill Cranes

Central Flyway

Colorado
    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
    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.
Montana
    The Central Flyway portion of the State except for that area south 
and west of Interstate 90, which is closed to sandhill crane hunting.
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.
    Estancia Valley Area--Those portions of Santa Fe, Torrance and 
Bernallilo Counties within an area bounded on the west by New Mexico 
Highway 55 beginning at Mountainair north to NM 337, north to NM 14, 
north to I-25; on the north by I-25 east to U.S. 285; on the east by 
U.S. 285 south to U.S. 60; and on the south by U.S. 60 from U.S. 285 
west to NM 55 in Mountainair.
    Southwest Zone--Sierra, Luna, Dona Ana Counties, and those portions 
of Grant and Hidalgo Counties south of I-10.
North Dakota
    Area 1--That portion of the State west of U.S. 281.
    Area 2--That portion of the State east of U.S. 281.
Oklahoma
    That portion of the State west of I-35.
South Dakota
    That portion of the State west of U.S. 281.

[[Page 36888]]

Texas
    Zone A--That portion of Texas lying west of a line beginning at the 
international toll bridge at Laredo, then northeast along U.S. Highway 
81 to its junction with Interstate Highway 35 in Laredo, then north 
along Interstate Highway 35 to its junction with Interstate Highway 10 
in San Antonio, then northwest along Interstate Highway 10 to its 
junction with U.S. Highway 83 at Junction, then north along U.S. 
Highway 83 to its junction with U.S. Highway 62, 16 miles north of 
Childress, then east along U.S. Highway 62 to the Texas-Oklahoma State 
line.
    Zone B--That portion of Texas lying within boundaries beginning at 
the junction of U.S. Highway 81 and the Texas-Oklahoma State line, then 
southeast along U.S. Highway 81 to its junction with U.S. Highway 287 
in Montague County, then southeast along U.S. Highway 287 to its 
junction with Interstate Highway 35W in Fort Worth, then southwest 
along Interstate Highway 35 to its junction with Interstate Highway 10 
in San Antonio, then northwest along Interstate Highway 10 to its 
junction with U.S. Highway 83 in the town of Junction, then north along 
U.S. Highway 83 to its junction with U.S. Highway 62, 16 miles north of 
Childress, then east along U.S. Highway 62 to the Texas-Oklahoma State 
line, then south along the Texas-Oklahoma State line to the south bank 
of the Red River, then eastward along the vegetation line on the south 
bank of the Red River to U.S. Highway 81.
    Zone C--The remainder of the State, except for the closed areas.
    Closed areas--(A) That portion of the State lying east and north of 
a line beginning at the junction of U.S. Highway 81 and the Texas-
Oklahoma State line, then southeast along U.S. Highway 81 to its 
junction with U.S. Highway 287 in Montague County, then southeast along 
U.S. Highway 287 to its junction with Interstate Highway 35W in Fort 
Worth, then southwest along Interstate Highway 35 to its junction with 
U.S. Highway 290 East in Austin, then east along U.S. Highway 290 to 
its junction with Interstate Loop 610 in Harris County, then south and 
east along Interstate Loop 610 to its junction with Interstate Highway 
45 in Houston, then south on Interstate Highway 45 to State Highway 
342, then to the shore of the Gulf of Mexico, and then north and east 
along the shore of the Gulf of Mexico to the Texas-Louisiana State 
line.
    (B) That portion of the State lying within the boundaries of a line 
beginning at the Kleberg-Nueces County line and the shore of the Gulf 
of Mexico, then west along the County line to Park Road 22 in Nueces 
County, then north and west along Park Road 22 to its junction with 
State Highway 358 in Corpus Christi, then west and north along State 
Highway 358 to its junction with State Highway 286, then north along 
State Highway 286 to its junction with Interstate Highway 37, then east 
along Interstate Highway 37 to its junction with U.S. Highway 181, then 
north and west along U.S. Highway 181 to its junction with U.S. Highway 
77 in Sinton, then north and east along U.S. Highway 77 to its junction 
with U.S. Highway 87 in Victoria, then south and east along U.S. 
Highway 87 to its junction with State Highway 35 at Port Lavaca, then 
north and east along State Highway 35 to the south end of the Lavaca 
Bay Causeway, then south and east along the shore of Lavaca Bay to its 
junction with the Port Lavaca Ship Channel, then south and east along 
the Lavaca Bay Ship Channel to the Gulf of Mexico, and then south and 
west along the shore of the Gulf of Mexico to the Kleberg-Nueces County 
line.
Wyoming
    Regular-Season Open Area--Campbell, Converse, Crook, Goshen, 
Laramie, Niobrara, Platte, and Weston Counties, and those portions of 
Johnson County east of Interstates 25 and 90 and Sheridan County east 
of Interstate 90.
    Riverton-Boysen Unit--Portions of Fremont County.
    Park and Big Horn County Unit--Portions of Park and Big Horn 
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, Cache, and Unitah Counties and that 
portion of Box Elder County beginning on the Utah-Idaho State line at 
the Box Elder-Cache County line; west on the State line to the 
Pocatello Valley County Road; south on the Pocatello Valley County Road 
to I-15; southeast on I-15 to SR-83; south on SR-83 to Lamp Junction; 
west and south on the Promontory Point County Road to the tip of 
Promontory Point; south from Promontory Point to the Box Elder-Weber 
County line; east on the Box Elder-Weber County line to the Box Elder-
Cache County line; north on the Box Elder-Cache County line to the 
Utah-Idaho State line.
Wyoming
    Bear River Area--That portion of Lincoln County described in State 
regulations.
    Salt River Area--That portion of Lincoln County described in State 
regulations.
    Farson-Eden Area--Those portions of Sweetwater and Sublette 
Counties described in State regulations.
    Uinta County Area--That portion of Uinta County 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 Game Birds in the Virgin Islands
    Ruth Cay Closure Area--The island of Ruth Cay, just south of St. 
Croix.
All Migratory Game 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 1 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, Cayey, and Comerio Municipalities 
as encompassed within the following boundary: Beginning on Highway 172 
as

[[Page 36889]]

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 the beginning.
BILLING CODE 4310-55-P

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[GRAPHIC] [TIFF OMITTED] TP24JY09.000

[FR Doc. E9-17559 Filed 7-23-09; 8:45 am]
BILLING CODE 4310-55-C