Federal Register: August 25, 2009 (Volume 74, Number 163)
DOCID: fr25au09-14 FR Doc E9-20400
DEPARTMENT OF THE INTERIOR
U.S. Customs and Border Protection
CFR Citation: 50 CFR Part 20
RIN ID: RIN 1018-AW31
FWS ID: [FWS-R9-MB-2008-0124; 91200-1231-9BPP-L2]
NOTICE: Part IV
DOCID: fr25au09-14
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
Migratory Bird Hunting; Final Frameworks for Early-Season Migratory Bird Hunting Regulations
DATES: This rule is effective on August 25, 2009.
DOCUMENT SUMMARY:
This rule prescribes final early-season frameworks from which the States, Puerto Rico, and the Virgin Islands may select season dates, limits, and other options for the 200910 migratory bird hunting seasons. Early seasons are those that generally open prior to October 1, and include seasons in Alaska, Hawaii, Puerto Rico, and the Virgin Islands. The effect of this final rule is to facilitate the selection of hunting seasons by the States and Territories to further the annual establishment of the earlyseason migratory bird hunting regulations.
SUMMARY:
Interior Department, Fish and Wildlife Service
SUPPLEMENTAL 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 200910 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. 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 200910 regulatory schedule and announced the Service Migratory Bird Regulations Committee (SRC) and Flyway Council meetings.
On June 24 and 25, 2009, we held open meetings with the Flyway Council Consultants at which the participants reviewed information on the current status of migratory shore and upland game birds and developed recommendations for the 200910 regulations for these species plus regulations for migratory game birds in Alaska, Puerto Rico, and the 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 as it relates to the development and selection of the regulatory packages for the 200910 regular waterfowl seasons. On July 24, 2009, we published in the Federal Register (74 FR 36870) a third document specifically dealing with the proposed frameworks for earlyseason regulations. We will publish the proposed frameworks for lateseason regulations (primarily hunting seasons that start after October 1 and most waterfowl seasons not already established) in a late August Federal Register.
This document is the fourth in a series of proposed, supplemental, and final rulemaking documents. It establishes final frameworks from which States may select season dates, shooting hours, and daily bag and possession limits for the 200910 season. These selections will be published in the Federal Register as amendments to Sec. Sec. 20.101 through 20.107, and Sec. 20.109 of title 50 CFR part 20.
Review of Public Comments
The preliminary proposed rulemaking, which appeared in the April 10
Federal Register, opened the public comment period for migratory game
bird hunting regulations. We have considered all pertinent comments
received. Comments are summarized below and numbered in the order used
in the April 10 Federal Register. We have included only the numbered
items pertaining to earlyseason issues for which we received comments.
Consequently, the issues do not follow in successive numerical or
alphabetical order. We received recommendations from all Flyway
Councils. Some recommendations supported continuation of last year's
frameworks. Due to the comprehensive nature of the Councils' annual
review of the frameworks, we assume Council support for continuation of last year's frameworks for items for which we received no
recommendation. Council recommendations for changes are summarized below.
General
Written Comments: An individual commenter protested the entire migratory bird hunting regulations process, the killing of all migratory birds, and the Flyway Council process.
Service Response: Our longterm objectives continue to include providing opportunities to harvest portions of certain migratory game bird populations and to limit harvests to levels compatible with each population's ability to maintain healthy, viable numbers. Having taken into account the zones of temperature and the distribution, abundance, economic value, breeding habits, and times and lines of flight of migratory birds, we believe that the hunting seasons provided herein are compatible with the current status of migratory bird populations and longterm population goals. Additionally, we are obligated to, and do, give serious consideration to all information received as public comment. While there are problems inherent with any type of representative management of publictrust resources, we believe that the FlywayCouncil system of migratory bird management has been a longstanding example of StateFederal cooperative management since its establishment in 1952. However, as always, we continue to seek new ways to streamline and improve the process.
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
[[Page 43009]]
correspond to previously published issues/discussions, and only those
containing substantial recommendations are discussed below. 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 bluewinged 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. The Mississippi and Central Flyways have had operational 16day September teal seasons (whenever the blue winged teal breeding population estimate for the traditional survey area exceeds 4.7 million birds) since 1998. In the Atlantic Flyway, existing 9day September teal seasons were first implemented experimentally 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 bluewinged teal, or about a 10 percent increase in the Flyway's overall bluewinged teal harvest of about 75,000 (average of 75,290 since 1998). In 2007, bluewinged teal harvest in the Mississippi and Central Flyways was about 532,000 in the special September season, and more than 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, although we agree with the analysis prepared and submitted by the Atlantic Flyway Council regarding the expected harvest of the expanded special September teal season in the Atlantic Flyway (minor impacts of less than a 1 percent increase in the overall U.S. bluewinged teal harvest and again only a 10 percent harvest increase for the Flyway), the Atlantic Flyway Council should prepare a report that evaluates pertinent teal population and harvest information after the 16day season has been conducted for 3 years. The Atlantic Flyway's initial analysis, however, is consistent with our belief and best available science that the expanded season would not have a significant impact on teal populations and thus the Service approves these changes. Second, we note that a new assessment of the cumulative effects of all teal harvest, including harvest during special September seasons, is warranted before any further modifications of special September teal seasons. 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 greenwinged teal, as 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 bluewinged teal
from the traditional survey area indicates that a 16day September teal
season in the Atlantic, Central, and Mississippi Flyways is appropriate for 2009.
4. Canada Geese
B. Regular Seasons
Council Recommendations: The Upper and LowerRegion 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.
Written Comments: The Wisconsin Department of Natural Resources expressed appreciation for the Service's approval of a September 16, 2009, framework opening date for all species of geese for the regular goose seasons in Michigan and Wisconsin.
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 Midcontinent 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 3year 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 included 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 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 (200912) 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 3year average of 2,981 LCRVP cranes is above the population objective of 2,500, we continue to support the establishment of the 3year experimental framework for this hunt, conditional on successful monitoring being conducted as called for in the Flyway hunt plan for this population.
[[Page 43010]]
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 972324181, or it may be viewed online at http://www.regulations.gov. 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 70day season and 15bird daily bag limit. The daily bag limit could be composed of mourning doves and whitewinged doves, singly or in combination.
The Mississippi and Central Flyway Councils recommend the use of the standard (or ``moderate'') season package of a 15bird daily bag limit and a 70day season for the 200910 mourning dove season in the States within the Central Management Unit. The daily bag limit could be composed of mourning doves and whitewinged 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.
Written Comments: The Wisconsin Department of Natural Resources supported the Councils' recommendation for a ``moderate'' season package for mourning doves for the 200910 season.
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 decisionmaking 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 decisionmaking criteria. In January 2008, we recommended that, following approval by the respective Flyway Councils in March, the strategies be submitted in 2008 for endorsement by the Service, with implementation for the 200910 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. Whitewinged and Whitetipped Doves
Council Recommendations: The Mississippi and Central Flyway Councils recommend modifying the boundary for the Special Whitewinged 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 whitewinged 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 existing internal bag limit restrictions on mourning and whitetipped 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: This year, the annual population index of dusky
Canada geese, based on the breeding pair survey on the Copper River
Delta, is 6,709, a decrease from the previous year's index of 9,152.
The 3year average index is 8,682. This decline triggers implementation
of further measures of protection for this population as described
under Action level 2 in the management plan. These results further
increase our longstanding concern for this subspecies of Canada goose.
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 will
enact the harvest management program called for in the Flyway
management plan at this population level. More specifically:
(1) A mandatory Stateissued permit is required to hunt Canada
geese in Alaska GMU 6C, and on Middleton, Hinchinbrook and Hawkins Islands in the Gulf of Alaska adjacent to GMU 6C;
(2) All geese harvested from these areas must be taken to a State
operated 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 [[Page 43011]]
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 in 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 20bird bag limit for doves in the aggregate for the next three hunting seasons, 20092011. 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 3year experimental season to increase harvest pressure on a rapidly growing population of whitewinged doves while decreasing hunting pressure on Zenaida and mourning doves.
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 by writing to the address indicated under the caption ADDRESSES.
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 ADDRESSES or by viewing on our website at http://www.fws.gov/ migratorybirds/.
Endangered Species Act Consideration
Section 7 of the Endangered Species Act, as amended (16 U.S.C. 15311543; 87 Stat. 884), provides that, ``The Secretary shall review other programs administered by him and utilize such programs in furtherance of the purposes of this Act'' (and) shall ``insure that any action authorized, funded, or carried out * * * is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of [critical] habitat. * * *.'' Consequently, we conducted formal consultations to ensure that actions resulting from these regulations would not likely jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitat. Findings from these consultations are included in a biological opinion, which concluded that the regulations are not likely to jeopardize the continued existence of any endangered or threatened species. Additionally, these findings may have caused modification of some regulatory measures previously proposed, and the final frameworks reflect any such modifications. Our biological opinions resulting from this section 7 consultation are public documents available for public inspection at the address indicated under ADDRESSES.
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.
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, loan programs, or the rights and obligations of their recipients.
(d) Whether the rule raises novel legal or policy issues.
An Economic Analysis was prepared for the 20082009 season. This analysis was based on data from the 2006 National Hunting and Fishing Survey, the most recent year for which data are available (see discussion in Regulatory Flexibility Act section below). This analysis estimates consumer surplus for three alternatives for duck hunting (estimates for other species are not quantified due to lack of data). The alternatives are 1) Issue restrictive regulations allowing fewer days than those issued during the 20072008 season, 2) Issues moderate regulations allowing more days than those in alternative 1, and 3) Issue liberal regulations identical to the regulations in the 20072008 season. For the 20082009 season, we chose alternative 3, with an estimated consumer surplus across all flyways of $205$270 million. For the upcoming 20092010 season, we again considered these three alternatives and again chose alternative 3 for ducks. We made minor modifications to the season frameworks for some other species, but these do not significantly change the economic impacts of the rule, which were not quantified for other species. For these reasons, we have not conducted a new Economic Analysis, but the 20082009 analysis is part of the record for this rule and is available at http:// www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/ SpecialTopics.html#HuntingRegs or at http://www.regulations.gov. 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 costbenefit analysis. This analysis was revised annually from
199095. 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,
[[Page 43012]]
which is conducted at 5year 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 website 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 10180023 (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 10180124 (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 ReformExecutive Order 12988
The Department, in promulgating this rule, has determined that this 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 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 EffectsExecutive Order 13211
Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. While this 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.
GovernmenttoGovernment Relationship with Tribes
In accordance with the President's memorandum of April 29, 1994, ``GovernmenttoGovernment Relations with Native American Tribal Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we have evaluated possible effects on Federallyrecognized 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, offreservation trust lands, and ceded lands for the 200910 migratory bird hunting season. The resulting proposals were contained in a separate proposed rule (74 FR 36870). 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 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.
Regulations Promulgation
The rulemaking process for migratory game bird hunting must, by its
nature, operate under severe time constraints. However, we intend that
the public be given the greatest possible opportunity to comment. Thus,
when the preliminary proposed rulemaking was published, we established
what we believed were the longest periods possible for public comment.
In doing this, we recognized that when the comment period closed, time
would be of the essence. That is, if there were a delay in the
effective date of these regulations after this final rulemaking, States
would have insufficient time to select season dates and limits; to
communicate those selections to us; and to establish and publicize the
necessary regulations and procedures to implement their decisions. We
therefore find that ``good cause'' exists, within the terms of 5 U.S.C.
553(d)(3) of the Administrative Procedure Act, and these frameworks
will, therefore, take effect immediately upon publication. Therefore,
under authority of the Migratory Bird Treaty Act (July 3, 1918), as
amended (16 U.S.C. 703711), we prescribe final frameworks setting
forth the species to be hunted, the daily bag and possession limits,
the shooting hours, the season lengths, the earliest opening and latest
closing season dates, and hunting areas, from which State conservation agency officials will select
[[Page 43013]]
hunting season dates and other options. Upon receipt of season
selections from these officials, we will publish a final rulemaking
amending 50 CFR part 20 to reflect seasons, limits, and shooting hours for the conterminous United States for the 200910 season.
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 200910
hunting season are authorized under 16 U.S.C. 703712 and 16 U.S.C. 742 aj.
Dated: August 5, 2009
Jane Lyder
Deputy Assistant Secretary for Fish and Wildlife and Parks.
Final Regulations Frameworks for 200910 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 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 onehalf 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, whitefronted 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 Onehalf hour before sunrise to sunset, except in Maryland, where the hours are from sunrise to sunset.
Mississippi and Central Flyways Onehalf 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 5consecutiveday 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 lateseason 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 duckhunting
zone, designated as ``Youth Waterfowl Hunting Days,'' in addition to
their regular duck seasons. The days must be held outside any regular
duck season on a weekend, holidays, or other nonschool 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 duckseason frameworks or within any split
[[Page 43014]]
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: Onehalf 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 Longtailed 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 seaduck 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 115 may be selected for the Eastern Unit of Maryland and Delaware. Seasons not to exceed 25 days during September 125 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 130 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 125 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 1625 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: Onehalf hour before sunrise to sunset, except that
during any general season, shooting hours may extend to onehalf 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 115 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 122 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 110 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 1622 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: Onehalf hour before sunrise to sunset, except that
during September 115 shooting hours may extend to onehalf 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 130 may be selected. In Colorado, New Mexico, North Dakota, Montana, and Wyoming, Canada goose seasons of up to 15 days during September 115 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: Onehalf hour before sunrise to sunset, except that
during September 115 shooting hours may extend to onehalf hour after
sunset if all other waterfowl seasons are closed in the specific applicable area.
Pacific Flyway
General Seasons
California may select a 9day season in Humboldt County during the period September 115. The daily bag limit is 2.
Colorado may select a 9day season during the period of September 115. The daily bag limit is 3.
Oregon may select a special Canada goose season of up to 15 days during the period September 115. In addition, in the NW Goose Management Zone in Oregon, a 15day season may be selected during the period September 120. Daily bag limits may not exceed 5 Canada geese.
Idaho may select a 7day season during the period September 115. 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 115. Daily bag limits may not exceed 5 Canada geese.
Wyoming may select an 8day season on Canada geese between September 115. This season is subject to the following conditions:
1. Where applicable, the season must be concurrent with the September portion of the sandhill crane season.
2. A daily bag limit of 2, with season and possession limits of 4, will apply to the special season.
[[Page 43015]]
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 lateseason 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 season must have a valid Federal or State sandhill crane hunting permit.
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 3year 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 lateseason 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 PacificFlyway 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.
Bandtailed 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 bandtailed pigeons.
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.
FourCorners 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 [[Page 43016]]
days, with a daily bag limit of 5 bandtailed 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 whitewinged 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 whitewinged 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 whitewinged dove season is allowed, where a limited mourning dove season may be held concurrently with that special season (see whitewinged 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 whitetipped doves (see whitewinged 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 whitewinged 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 whitewinged doves in the aggregate.
Arizona and California Not more than 60 days, which may be split
between two periods, September 115 and November 1January 15. In
Arizona, during the first segment of the season, the daily bag limit is
10 mourning and whitewinged doves in the aggregate, of which no more
than 6 may be whitewinged 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 whitewinged doves in the aggregate.
Whitewinged and Whitetipped 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 whitewinged doves in the aggregate.
Central Management Unit
In Texas, the daily bag limit may not exceed 15 mourning, white winged, and whitetipped doves in the aggregate, of which no more than 2 may be whitetipped doves. In addition, Texas also may select a hunting season of not more than 4 days for the special whitewinged dove area of the South Zone between September 1 and September 19. The daily bag limit may not exceed 15 whitewinged, mourning, and white tipped doves in the aggregate, of which no more than 4 may be mourning doves and 2 may be whitetipped doves.
In the remainder of the Central Management Unit, the daily bag limit may not exceed 15 mourning and whitewinged 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 whitewinged doves in the aggregate, of which no more than 6 may be whitewinged 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 whitewinged 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 longtailed ducks. Sea ducks include scoters, common and king eiders, harlequin ducks, longtailed ducks, and common and redbreasted 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.
Darkgoose 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, permitonly Canada goose 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.
[[Page 43017]]
3. In Units 6B, 6C and on Hinchinbrook and Hawkins Islands in Unit 6D, a special, permitonly 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(AC), 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 whitewinged doves in the aggregate, of which not more than 10 may be Zenaida doves and 3 may be mourning doves. Not to exceed 5 scalynaped pigeons.
Closed Seasons: The season is closed on the whitecrowned 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
FOR FURTHER INFORMATION CONTACT
Robert Blohm, Chief, or Ron W. Kokel, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, (703) 3581714.