[Federal Register: July 29, 2010 (Volume 75, Number 145)]
[Proposed Rules]
[Page 44855-44876]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jy10-13]
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Part II
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
[[Page 44856]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS-R9-MB-2010-0040; 91200-1231-9BPP-L2]
RIN 1018-AX06
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 2010-11 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 2010-11
duck hunting seasons.
DATES: You must submit comments on the proposed early-season frameworks
by August 9, 2010. The Service Migratory Bird Regulations Committee
(SRC) will meet to consider and develop proposed regulations for late-
season migratory bird hunting and the 2011 spring/summer migratory bird
subsistence seasons in Alaska on July 28 and 29, 2010. 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, 2010.
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 on Docket No. FWS-R9-
MB-2010-0040.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R9-MB-2010-0040; 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 2010
On May 13, 2010, we published in the Federal Register (75 FR 27144)
a proposal to amend 50 CFR part 20. The proposal provided a background
and overview of the migratory bird hunting regulations process, and
addressed 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 2010-11
regulatory cycle relating to open public meetings and Federal Register
notifications were also identified in the May 13 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 June 10, 2010, we published in the Federal Register (75 FR
32872) a second document providing supplemental proposals for early-
and late-season migratory bird hunting regulations. The June 10
supplement also provided detailed information on the 2010-11 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 2010-11 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 2010-11 season.
We have considered all pertinent comments received through June 30,
2010, on the May 13 and June 10, 2010, 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
16, 2010.
Service Migratory Bird Regulations Committee Meetings
Participants at the June 23-24, 2010, meetings reviewed information
on the current status of migratory shore and upland game birds and
developed 2010-11 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 28-29, 2010, meetings
[[Page 44857]]
will review information on the current status of waterfowl and develop
recommendations for the 2010-11 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 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 during the 2010 Waterfowl Breeding
Population and Habitat Survey were characterized by average to below-
average moisture and a mild winter and early spring across the entire
traditional (including the northern locations) and eastern survey
areas. The total pond estimate (Prairie Canada and U.S. combined) was
6.7 0.2 million. This was similar to the 2009 estimate and
34 percent above the long-term average of 5.0 0.03 million
ponds.
Traditional Survey Area (U.S. and Canadian Prairies and Parklands)
Conditions across the Canadian prairies were similar to 2009.
Portions of southern Alberta, Saskatchewan, and Manitoba improved, but
a large area along the Alberta and Saskatchewan border remained dry,
and moisture levels in portions of Manitoba declined from last year.
The 2010 estimate of ponds in Prairie Canada was 3.7 0.2
million. This was similar to last year's estimate (3.6 0.1
million) and to the 1955-2009 average (3.4 0.03 million).
Residual water remains in the Parklands and these were classified as
fair to good. Most of the Prairie-Parkland region of Canada received
abundant to historically high levels of precipitation during and after
the survey, which, while possibly flooding some nests, will produce
excellent brood-rearing habitat for successful nesters and lessen the
summer drawdown, leading to beneficial wetland conditions next spring.
Wetland numbers and conditions remained fair to good in the eastern
U.S. prairies, but habitat conditions declined through the western
Dakotas and Montana. The 2010 pond estimate for the north-central
United States was 2.9 0.1 million, which was similar to
last year's estimate (2.9 0.1 million) and 87 percent
above the long-term average (1.6 0.02 million). Fall and
winter precipitation in the eastern Dakotas generally improved good
habitat conditions already present. However, wetlands in the western
Dakotas and Montana were not recharged, resulting in a deterioration of
conditions from 2009 at the time the survey was conducted.
Bush (Alaska, Northern Manitoba, Northern Saskatchewan, Northwest
Territories, Yukon Territory, Western Ontario)
In the bush regions of the traditional survey area, spring breakup
was early. Unlike in 2009, the majority of habitats were ice-free for
arriving waterfowl. Habitat of most of the bush region, with the
exception of Alaska and the Northwest Territories, was classified as
fair due to below-average moisture, but the early spring should benefit
waterfowl across the entire area.
Eastern Survey Area
The boreal forest and Canadian Maritimes of the eastern survey area
experienced an early spring as well. Much of southern Quebec and
Ontario were classified as poor to fair due to dry conditions, with the
exception of an area of adequate moisture in west-central Ontario. More
northern boreal forest locations benefited from near-normal
precipitation and early ice-free conditions. Although winter
precipitation from southwestern Ontario along the St. Lawrence River
Valley and into Maine was below average, waterfowl habitat was
classified as good to excellent, as in 2009. The James and Hudson Bay
Lowlands of Ontario (strata 57-59) were not surveyed in 2010, but
reports indicated an early spring in these locations as well.
Status of Teal
The estimate of blue-winged teal from the traditional survey area
is 6.3 million. This represents a 14.0 percent decrease from 2009 and
is 36 percent above the 1955-2009 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 2010 index for
sandhill cranes in the Central Platte River Valley, Nebraska,
uncorrected for visibility bias, was 451,024 birds. The photo-
corrected, 3[dash]year average for 2007-09 was 498,420, which is above
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 2009-10. An estimated 7,394 hunters
participated in these seasons, which was 23 percent lower than the
number that participated in the previous season. Hunters harvested
15,282 MCP cranes in the U.S. portion of the Central Flyway during the
2009-10 seasons, which was 34 percent lower than the estimated harvest
for the previous year but 6 percent higher than the long-term average.
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 7,304 during 2009-10. The preliminary
estimate for the North American MCP sport harvest, including crippling
losses, was 25,731 birds, which was a 39 percent decrease from the
previous year's estimate. The long-term (1982-2008) trends 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 20,321 cranes. The 3-year
average was 21,433 sandhill cranes, which is above the established
population objective of 17,000-21,000 for the RMP. Hunting seasons
during 2009-10 in portions of Arizona, Idaho, Montana, New Mexico,
Utah, and Wyoming resulted in a record-high harvest of 1,392 RMP
cranes, a 49 percent increase from the harvest of 936 in 2008-09.
The Lower Colorado River Valley Population (LCRVP) survey results
indicate a slight decrease from 2,401
[[Page 44858]]
birds in 2008 to 2,264 birds in 2009. The 3-year average of 2,847 LCRVP
cranes is based on counts from 2007, 2009, and 2010 (survey was not
complete in 2008) 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 2010
indicate that the number of singing male woodcock in the Eastern and
Central Management Regions were unchanged from 2009. There was no
significant 10-year trend in woodcock heard in the Eastern Management
Region during 2000-10, which marks the seventh consecutive year that
the 10-year trend estimate for the Eastern Region was stable. The
10[dash]year trend in the Central Region indicated a statistically
significant decline after being stable last year. There were long-term
(1968-2010) declines of 1.0 percent per year in both management
regions.
Wing-collection Survey data indicate that the 2009 recruitment
index for the U.S. portion of the Eastern Region (1.5 immatures per
adult female) was 9 percent lower than the 2008 index, and 12 percent
lower than the long-term average. The recruitment index for the U.S.
portion of the Central Region (1.2 immatures per adult female) was 20
percent lower than the 2008 index and 26 percent below the long-term
average.
Band-Tailed Pigeons
Two subspecies of band-tailed pigeon occur north of Mexico and they
are managed as two separate populations in the United States: The
Interior Population and the Pacific Population. Information on the
abundance and harvest of band-tailed pigeons is collected annually in
the western United States and British Columbia. Abundance information
comes from the Breeding Bird Survey (BBS) and, for the Pacific
Population, the BBS and the Pacific Coast Mineral Site Survey. Annual
counts of Interior band-tailed pigeons seen and heard per route
declined since implementation of the BBS in 1966. Over the past 10
years indices have declined, but the evidence of a trend for this time
period is weak. The 2009 harvest of Interior band-tailed pigeons was
estimated to be 5,000 birds. BBS counts of Pacific Coast band-tailed
pigeons seen and heard per route have also declined since 1966, as well
as over the past 10 years; however, the credible interval for the more
recent trend estimate includes zero. According to the Pacific Coast
Mineral Site Survey, annual counts of Pacific Coast band-tailed pigeons
seen at mineral sites have decreased since the survey became
operational in 2004, but credible intervals include zero. The 2009
estimate of harvest for Pacific Coast band-tailed pigeons was 22,600
birds.
Mourning Doves
For the first time, in 2010, Mourning Dove Call-count Survey (CCS)
data is being analyzed within a Bayesian hierarchical modeling
framework, consistent with analysis methods for other long-term point
count surveys such as the American Woodcock Singing-ground Survey and
the North American Breeding Bird Survey. According to the analysis of
the CCS, counts of mourning doves heard over the most recent 10 years
(2001-10) increased in the Eastern Management Unit. There was no trend
in mourning doves heard for the Central or Western Management Units.
Over the 45-year period, 1966-2010, the number of mourning doves heard
per route decreased in all three dove management units. The number of
doves seen per route was also collected during the CCS. For the past 10
years, there was no trend in doves seen for the Central and Western
Management Units; however, there is evidence of an increasing trend in
the Eastern Management Unit. Over 45 years, there was no evidence of a
trend in doves seen in the Central Management Unit; however, a positive
trend is indicated for the Eastern Management Unit and a declining
trend is indicated for the Western Management Unit. The preliminary
2009 harvest estimate for the United States was 17,354,800 mourning
doves.
White-Winged Doves
Two States harbor substantial populations of white-winged dove
population: Arizona and Texas. California and New Mexico have much
smaller populations. The Arizona Game and Fish Department has monitored
white-winged dove populations by means of a CCS to provide an annual
index to population size. It runs concurrently with the Service's
Mourning Dove CCS. The index of mean number of white-winged doves heard
per route from this survey peaked at 52.3 in 1968, but then declined
until about 2000. The index has stabilized at around 25 doves per route
in the last few years; in 2010, the mean number of doves heard per
route was 23.6. Arizona Game and Fish also historically monitored
white-wing dove harvest. Harvest of white-winged doves in Arizona
peaked in the late 1960s at approximately 740,000 birds and has since
declined and stabilized at around 100,000 birds; the preliminary 2009
Migratory Bird Harvest Information Program (HIP) estimate of harvest
was 124,500 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 dove abundance. A new distance-based sampling protocol was
implemented for Central and South Texas in 2007, and has been expanded
each year. In 2010, approximately 4,000 points were surveyed Statewide.
Current year's survey data are being analyzed and abundance estimates
will be available later this summer. The estimated harvest of white-
wings in Texas in the 2008-09 season was 1,259,300 birds. The Texas
Parks and Wildlife Department continues to work to improve the
scientific basis for management of white-winged doves.
In California, available BBS data indicate an increasing trend in
the population indices between 1968 and 2009. According to HIP surveys,
the preliminary harvest estimate for 2009 was 66,100 white-winged doves
in California. In New Mexico, available BBS data also indicate an
increasing trend over the long term. In 2009, the estimated New Mexico
harvest was 64,500 white-winged doves.
White-Tipped Doves
White-tipped doves occur primarily south of the United States-
Mexico border; however, the species does occur in Texas. Monitoring
information is presently limited. White-tipped doves are believed to be
maintaining a relatively stable population in the Lower Rio Grande
Valley of Texas. Distance-based sampling procedures implemented in
Texas are also providing limited information on white-tipped dove
abundance. Texas is working to improve the sampling frame to include
the rural Rio Grande corridor in order to improve the utility of
population indices. Annual estimates for white-tipped dove harvest in
Texas average between 3,000 and 4,000 birds.
Review of Public Comments
The preliminary proposed rulemaking (May 13 Federal Register)
opened the public comment period for migratory game bird hunting
regulations and
[[Page 44859]]
announced the proposed regulatory alternatives for the 2010-11 duck
hunting season. Comments concerning early-season issues and the
proposed alternatives are summarized below and numbered in the order
used in the May 13 Federal Register document. Only the numbered items
pertaining to early-seasons issues and the proposed regulatory
alternatives for which we received written comments 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 May 13 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.
Written Comments: The Wisconsin Department of Natural Resources
supported the continued use of the adaptive harvest management (AHM)
process for establishing seasons based on mallard population and
habitat data, but requested that we continue to closely monitor the
impacts of our recent decision (see July 24, 2010, Federal Register, 73
FR 432190) regarding the definition of the mid-continent mallard
population on future regulatory alternatives.
Service Response: As we stated in the May 13 Federal Register, we
intend to continue use of AHM to help determine appropriate duck-
hunting regulations for the 2010-11 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 previously stated regarding incorporation of a one-step
constraint into the AHM process (73 FR 50678, August 27, 2008), this
proposal was addressed by the AHM Task Force of the Association of Fish
and Wildlife Agencies (AFWA) in its report and recommendations. As
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) is 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 2010-11 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 2009.
Service Response: The regulatory alternatives proposed in the May
13 Federal Register will be used for the 2010-11 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 specific harvest strategies (canvasbacks, pintails, black ducks,
and scaup), those strategies will again be used for the 2010-11 hunting
season.
D. Special Seasons/Species Management
i. Special Teal Seasons
Council Recommendations: The Upper-Region Regulations Committee of
the Mississippi Flyway Council recommended that the Service explore
options for providing production States an opportunity to harvest teal
outside the regular duck season frameworks as part of the teal season
assessment that is currently being conducted.
Service Response: Last year, we noted that an assessment of the
cumulative effects of all teal harvest, including harvest during
special September seasons, had never been conducted. As such, we
committed to a thorough assessment of the harvest potential for both
blue-winged and green-winged teal, as well as an assessment of the
impacts of current special September seasons on these two species. We
requested that the Atlantic, Mississippi, and Central Flyway Councils
designate representatives to assist Service staff with the technical
aspects of these assessments. Our goal is to complete this important
assessment work within 3 years.
The Mississippi Flyway Council's request to include an assessment
of potential teal harvest opportunities for production States in the
ongoing teal assessment, and the additional work associated with this
request, would likely delay the completion of our original task. As we
noted above, the original purpose of this assessment was to assess the
harvest potential of the three teal species. The Council's request
would entail not only an evaluation of the potential effects of
production States' teal harvest on those species, but the possibility
of impacts to non-target species as well. However, we understand the
production States' concern about teal harvest opportunities. Therefore,
we will compile information and analyses from historic reports that
address teal seasons and, particularly, issues related to duck harvests
from production and non-production States, and provide them to the
Flyways for consideration during the upcoming summer flyway meetings.
The intent of this review would be to summarize historical analyses and
dialogue regarding the issue of early-season teal harvest opportunities
in production States and provide a common understanding of the issues
that would have to be reconsidered to fully address the Mississippi
Flyway Council's recommendation. With this information, the Flyways
could more fully assess how they may want to approach teal harvest
opportunities for their States in the future, following
[[Page 44860]]
completion of the current teal assessment.
Regarding the regulations for this year, utilizing the criteria
developed for the teal season harvest strategy, this year's estimate of
6.3 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 2010.
vi. Pintails
Council Recommendations: The Atlantic Flyway Council recommended
adoption of a derived Northern Pintail Harvest Strategy and provided
the following pintail harvest objectives for the Atlantic Flyway and
for individual Atlantic Flyway States: (1) The harvest objective for
northern pintails should be Maximum Sustained Yield (MSY); (2) closed
seasons should be constrained to breeding populations (BPOP) below 1.75
million birds; and (3) regulatory alternatives should include a closed
season, a liberal season with a 1-bird daily bag limit, and a liberal
season with a 2-bird daily bag limit. These objectives were captured in
Alternative 39 in the Service's draft Northern Pintail Harvest Strategy
(Draft Strategy) (available at http://www.fws.gov/migratorybirds/
NewsPublicationsReports.html).
The Mississippi Flyway Council recommended use of the Draft
Strategy's harvest management Alternatives 39, 29, or 39(b) to develop
an optimal harvest policy. The Council remains concerned regarding the
following: (1) The Service does not provide performance metrics for
harvest management Alternatives 39 and 39(b) with no closed seasons
until the pintail BPOP falls to 1.0 million birds; (2) the method for
integrating the preferred alternatives from other Flyways into a single
harvest policy is not defined and reviewed; (3) additional weighting
exercises that address more fundamental harvest objectives, such as
simplified regulations, maintaining/expanding hunting opportunity for
pintails, and maximizing harvest, have not yet been conducted; and (4)
there is uncertainty about the consistency of the harvest strategy for
pintails with the fundamental objectives addressed through the North
American Waterfowl Management Plan (NAWMP) revision.
The Central Flyway Council recommended continued discussions on the
potential structure and use of a derived harvest strategy for pintails.
They recommend a one-year implementation of Alternative 39 in the Draft
Strategy until a number of issues are resolved.
The Pacific Flyway Council recommended that harvest management for
pintails be based on a derived strategy that: (1) Uses MSY as a harvest
objective; (2) constrains closed seasons to breeding populations below
1.75 million birds; and (3) eliminates partial seasons (shorter pintail
seasons within a longer general duck season). Specifically, the Council
recommended Alternative 39 as its preferred strategy for regulations in
2010-11 and further review for the next year. The Council supported a
derived strategy that does not have an explicit allocation of harvest
among the flyways. The Council also recommended that Alaska's exclusion
from the pintail harvest management process be continued.
The Council further recommended the use of historic proportions of
harvest to weight the inputs from the Flyways should that input differ
in the future. They noted that we proposed to consider inputs from all
flyways equally, but the absolute and relative abundance of pintail is
highest in the Pacific Flyway, and regulatory alternatives have a
different effect there. They continued to support more work on
alternative underlying population models because they do not believe
that the model set in the strategy includes a model that addresses the
effect of harvest regulation changes on pintail survival rates in a
manner similar to ultra-structural models. The Council has recommended
in the past that we investigate the usefulness of sex-specific
regulations for pintails as a way to increase hunting opportunity on
male pintails.
Lastly, the Council recognized that all of the analyzed strategies
predict the perpetuation of the pintail breeding population between
2.78 and 3.57 million pintails, but that the differences among the
strategies center largely on effects on the hunting public. These
effects include the frequency of closed and partial seasons, larger
daily bag limits, and annual regulation changes. The Council has
limited information on hunter preferences about the tradeoffs inherent
in the analyzed derived strategies.
Service Response: We greatly appreciate the time and attention that
all four Flyway Councils have devoted to review and consideration of
the various alternatives for implementing a derived pintail harvest
strategy. We noted in the June 10 supplemental rule that all four
flyways recommended the same alternative derived strategy be
implemented this year. While we recognize that all four Flyway
Council's requested additional work and analysis of the various
constraints and components of the agreed upon derived strategy
alternative, we proposed adoption of Alternative 39 as described and
evaluated in the Service's report ``Proposal for a Derived and Adaptive
Harvest Strategy for Northern Pintails (January 2010)'' and
incorporated in a ``Proposed Northern Pintail Harvest Strategy (May
2010)'' (both available at http://www.fws.gov/migratorybirds/
NewsPublicationsReports.html) for the 2010-11 hunting season. The
Service and Flyway Councils evaluated and deliberated on numerous
variations of the final proposed harvest strategy, which differed in
their expression of management objectives and regulatory alternatives,
but which shared a common scientific underpinning.
Based on the considerable amount of time and effort the Flyway
Councils have devoted to reaching a consensus on the derived strategy
for this year, and the fact that all four Flyway Councils deemed
Alternative 39 as the best balance tradeoff among fundamental
objectives identified for pintail harvest management, we concur with
their recommendations and will adopt Alternative 39 for the 2010-11
regulations year. Alternative 39 stipulates a closed pintail season if
the pintail breeding population falls below 1.75 million and limits the
daily bag limits to 0, 1, or 2 under the ``liberal'' AHM regulatory
package.
We also understand that a good deal of new information became
available to the Flyways relatively late in this year's process.
Therefore, we encourage each Flyway to review their choice of
alternatives during the coming year and advise all of the other Flyways
and the Service if their review suggests that a different alternative
harvest strategy would better address the conservation needs of
pintails and the desires of the hunting public. Over the coming year,
we will review this choice of Alternative 39 based on one year of
experience, as well as input received from the Councils, public, and
Service technical staff, to determine if a different alternative will
better insure the long-term conservation of northern pintails and meet
the interests of the hunting public. Changes, if warranted, would be
implemented for the 2011-12 regulations cycle.
4. Canada Geese
A. Special Seasons
Council Recommendations: The Mississippi Flyway Council recommended
that the closing date for the September Canada goose season in
Minnesota be September 22 Statewide.
The Central Flyway Council recommended that we increase the daily
bag limit framework from 5 to 8 for the
[[Page 44861]]
Central Flyway States of South Dakota, Nebraska, Kansas, and Oklahoma
during the Special Early Canada Goose hunting season.
Service Response: We agree with the Mississippi Flyway Council's
recommendation to extend Minnesota's framework closing date for their
September Canada goose season to September 22. In 2007, Minnesota began
a 3-year experiment to assess the proportion of migrant geese harvested
during September 16-22 in the Northwest Goose Zone. The remainder of
Minnesota already has an operational September goose season that
extends from September 1-22. Results from the 3-year experimental
season evaluation showed that migrant geese comprised 7 percent of the
Canada goose harvest in the Northwest Goose Zone during September 16-
22, below the 10 percent threshold level established by the Service for
allowing special early Canada goose seasons. This result is consistent
with the proportion of migrant geese harvested in other areas of
Minnesota (< 5 percent) during September 16-22. Further, goose harvest
(an average of 1,369 additional geese) in the Northwest Goose Zone
during the experimental season extension (September 16-22) represents
1.5 percent of the total Statewide September season goose harvest. We
note that the Minnesota giant Canada goose population remains at high
levels throughout the State with spring breeding population estimates
averaging 313,425 over the past 5 years. Thus, we concur with the
Council that the season extension in the Northwest Goose Zone meets our
special September Canada goose season criteria; allows for uniform,
Statewide season dates in Minnesota (September 1-22) in order to
simplify current hunting regulations; and appears to have negligible
impacts on migrant Canada geese.
We also agree with the Central Flyway Council's request to increase
the Canada goose daily bag limit in South Dakota, Nebraska, Kansas, and
Oklahoma. The Special Early Canada Goose hunting season is generally
designed to reduce or control overabundant resident Canada geese
populations. Increasing the daily bag limit from 5 to 10 may help these
States reduce or control existing high populations of resident Canada
geese.
B. Regular Seasons
Council Recommendations: 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, 2010.
Service Response: We concur. Michigan, beginning in 1998, and
Wisconsin, beginning in 1989, has opened their regular Canada goose
seasons prior to the Flyway-wide framework opening date to address
resident goose management concerns in these States. As we have
previously stated (73 FR 50678, August 27, 2008), 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 a sandhill crane hunting season for mid-
continent sandhill cranes in northwest Minnesota in 2010, following
guidelines outlined in the 2006 Cooperative Management Plan for the
Mid-Continent Population (MCP) of sandhill cranes.
The Central and Pacific Flyway Councils recommend using the 2010
Rocky Mountain Population (RMP) sandhill crane harvest allocation of
1,979 birds as proposed in the allocation formula using the 2007-09 3-
year running average.
The Pacific Flyway Council recommended initiating a limited hunt
for Lower Colorado River Valley Population (LCRVP) of sandhill cranes
in Arizona with a goal of a limited harvest of 9 cranes during the
2010-11 hunting season. Arizona will issue permits to hunters and
require mandatory check-in of all harvested cranes. The Service
previously approved the hunt in 2007.
Service Response: In 2006, the Management Plan for MCP sandhill
cranes was revised and endorsed by the Central, Mississippi, and
Pacific Flyway Councils. Guidelines in the Plan recommended that the
MCP continue to be managed as a single population and management at a
smaller scale (i.e., breeding affiliation or sub-population level) was
not warranted at that time. We note that the Plan clearly recognized
sandhill cranes breeding and staging in NW Minnesota as part of the
mid-continent population. Further, the current population index for MCP
cranes was 498,400 in 2009, well within the current population
objective range of 349,000-472,000 cranes. As the proposed new hunt in
northwest Minnesota would conform to guidelines from the Management
Plan and sandhill crane hunting frameworks to be established for MCP
cranes in the Mississippi Flyway, we agree with the Councils'
recommendations to establish this new season. Based on sandhill crane
hunter numbers and harvest in other States in the Central Flyway, the
small size of the hunting zone proposed in Minnesota, and the low
hunter density in this region of Minnesota, we expect hunter numbers
and crane harvest to be relatively low (< 500 of each).
We also agree with the Councils' recommendations on the RMP
sandhill crane harvest allocation of 1,939 birds for the 2010-11
season, as outlined in the RMP sandhill crane management plan's harvest
allocation formula. The objective for the RMP sandhill crane is to
manage for a stable population index of 17,000-21,000 cranes determined
by an average of the three most recent, reliable September (fall pre-
migration) surveys. While this year's survey counted 20,321 birds, a
decrease from the previous year's count of 21,156 birds, the 3-year
average for the RMP sandhill crane fall index is 21,433.
Regarding the proposed limited hunt for LCRVP cranes in the Arizona
hunt, in 2007, the Pacific Flyway Council recommended, and we approved,
the establishment of a limited hunt for the LCRVP sandhill cranes in
Arizona (72 FR 49622, August 28, 2007). 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 in 2008 to
begin conducting the hunt. We again approved the limited hunt (73 FR
50678, August 27, 2008). However, due to complications encountered with
the proposed onset of this new season falling within ongoing efforts to
open new hunting seasons on federal National Wildlife Refuges, the
experimental limited hunt season was not opened in 2008. As such, last
year the State of Arizona requested that 2009-12 be designated as the
new experimental season and 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 2,264
birds in 2009, and that the 3-year average of 2,847 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
[[Page 44862]]
Service, Division of Migratory Bird Management, 911 NE 11th Avenue,
Portland, OR 97232-4181, or it may be viewed at http://
www.regulations.gov or via the Service's home page at http://
www.fws.gov/migratorybirds/CurrentBirdIssues/Management/
BirdManagement.html.
14. Woodcock
Council Recommendations: The Atlantic and Mississippi Flyway
Councils recommended adoption of the Interim American Woodcock Harvest
Strategy for implementation in the 2011-12 hunting season.
The Central Flyway Council recommended that the interim harvest
strategy outlined in the Draft American Woodcock Harvest Strategy be
implemented for a period of 5 years (2011-15).
Written Comments: The Wisconsin Department of Natural Resources
supported the interim woodcock harvest strategy.
Service Response: In 2008, we completed a review of available
woodcock population databases to assess their utility for developing a
woodcock harvest strategy. Concurrently, we requested that the
Atlantic, Mississippi, and Central Flyway Councils appoint members to a
working group to cooperate with us on developing a woodcock harvest
strategy. In February 2010, the working group completed a draft interim
harvest strategy for consideration by the Flyway Councils at their
March 2010 meetings.
The working group's draft interim harvest strategy provides a
transparent framework for making regulatory decisions for woodcock
season length and bag limit while we work to improve monitoring and
assessment protocols for this species. While the strategy's objective
is to set woodcock harvest at a level commensurate with population,
data limitations preclude accurately assessing harvest potential at
this time. Thus, the strategy's thresholds for changing regulations are
based on the premise that further population declines would result in
decreased harvest, while population increases would allow for
additional harvest. The working group recommended that the interim
harvest strategy be implemented for the 2011-12 hunting season, that
the Service and Flyway Councils evaluate the strategy after 5 years,
and that we continue to assess the feasibility of developing a derived
harvest strategy.
In the May 13 Federal Register, we stated that following review and
comment by the Flyway Councils, we would announce our intentions
whether to propose the draft strategy. Given the unanimous Flyway
Council approval of the working group's draft interim harvest strategy,
we concur with the three Flyway Councils and propose adoption of the
strategy beginning in the 2011-12 hunting season for a period of 5
years (2011-15). Specifics of the interim harvest strategy can be found
at http://www.fws.gov/migratorybirds/NewsPublicationsReports.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 2010-11 mourning dove season in the
States within the Central Management Unit.
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: In 2008, we accepted and endorsed the interim
harvest strategies for the Central, Eastern, and Western Management
Units (73 FR 50678, August 27, 2008). 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. Last
year, for the first time, the interim harvest strategies were
successfully employed and implemented in all three Management Units (74
FR 36870, July 24, 2009).
This year, based on the 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.
Public Comments
The Department of the Interior's policy is, whenever possible, 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 promulgating final migratory game bird hunting
regulations, we will consider all comments we receive. These comments,
and any additional information we receive, 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 accept 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 all comments in their entirety--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--including your personal identifying information--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
[[Page 44863]]
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
we receive during the comment period and respond to them after the
closing date in the preambles of 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 (SEIS) 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
released the draft SEIS on July 9, 2010 (75 FR 39577). The draft SEIS
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
Before issuance of the 2010-11 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
proposed 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.
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 2008-09 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
estimated 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 2007-08 season, (2) Issue moderate
regulations allowing more days than those in alternative 1, and (3)
Issue liberal regulations identical to the regulations in the 2007-08
season. For the 2008-09 season, we chose alternative 3, with an
estimated consumer surplus across all flyways of $205-$270 million. At
this time, we are proposing no changes to the season frameworks for the
2010-11 season, and as such, we will again consider these three
alternatives. However, final frameworks will depend on population
status information available later this year. For these reasons, we
have not conducted a new economic analysis, but the 2008-09 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 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 Division of Migratory Bird Management
(see FOR FURTHER INFORMATION CONTACT) or from our Web site at http://
www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/
SpecialTopics.html#HuntingRegs or at http://www.regulations.gov.
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.
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.
However, because this rule establishes hunting seasons, we do not plan
to defer the effective date under the exemption contained in 5 U.S.C.
808(1).
[[Page 44864]]
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 used in formulating migratory game bird hunting
regulations. 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 4/30/2013). 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 (16 U.S.C. 703 et seq.),
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. 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 2010-11 migratory bird
hunting season in the May 13 Federal Register. 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 (16 U.S.C. 703 et seq.). 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.
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 2010-11
hunting season are authorized under 16 U.S.C. 703-712 and 16 U.S.C. 742
a-j.
Dated: July 19, 2010.
Thomas L. Strickland,
Assistant Secretary for Fish and Wildlife and Parks.
Proposed Regulations Frameworks for 2010-11 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,
2010, and March 10, 2011. These frameworks are summarized below.
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),
[[Page 44865]]
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 18). 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 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
[[Page 44866]]
for the Eastern Unit of Maryland and Delaware. Seasons not to exceed 30
days during September 1-30 may be selected for Connecticut, Florida,
Georgia, New Jersey, New York (Long Island Zone only), 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, 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.
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, except in Kansas,
Nebraska, Oklahoma, and South Dakota, where the bag limit may not
exceed 8 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 during the
period September 1-15. This season is subject to the following
conditions:
1. Where applicable, the season must be concurrent with the
September portion of the sandhill crane season.
2. 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 Mississippi Flyway
Outside Dates: Between September 1 and February 28.
Hunting Seasons: A season not to exceed 37 consecutive days may be
selected in the designated portion of northwestern Minnesota (Northwest
Goose Zone).
Daily Bag Limit: 2 sandhill cranes.
Permits: Each person participating in the regular sandhill crane
season must have a valid Federal or State sandhill crane hunting
permit.
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;
[[Page 44867]]
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 December 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 30) 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 30) 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 25) 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.
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 17), 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.
[[Page 44868]]
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 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.
[[Page 44869]]
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. 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
hunting hours, apply to falconry in each State listed in 50 CFR 21.29.
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
[[Page 44870]]
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 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 US 17 in Midway, US 17 in Midway to US 13 in
Windsor to the Hertford County line; and that portion of Northampton
County that is north of US 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 US 2; east along US 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.
[[Page 44871]]
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; 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,
[[Page 44872]]
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 US
Highway 81, then south on US Highway 81 to NE Highway 64, then east on
NE Highway 64 to NE Highway 15, then south on NE 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 US Hwy 83; then south on US Hwy 83 to ND Hwy 200; then
east on ND Hwy 200 to ND Hwy 41; then south on ND Hwy 41 to US Hwy 83;
then south on US Hwy 83 to I-94; then east on I-94 to US Hwy 83; then
south on US 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 US Highway 385, Gregory,
Hughes, Hyde south of US Highway 14, Lyman, Perkins, Potter west of US
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.
[[Page 44873]]
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 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
[[Page 44874]]
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
Mississippi Flyway
Minnesota
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.
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.
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
[[Page 44875]]
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 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
[[Page 44876]]
[GRAPHIC] [TIFF OMITTED] TP29JY10.000
[FR Doc. 2010-18256 Filed 7-28-10; 8:45 am]
BILLING CODE 4310-55-C