Migratory Bird Hunting; Proposed Frameworks for Early-Season Migratory Bird Hunting Regulations; Notice of Meetings, 44200-44215 [05-15127]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 70, Number 146 (Monday, August 1, 2005)]
[Proposed Rules]
[Pages 44200-44215]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15127]



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Part IV





Department of the Interior





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Fish and Wildlife Services



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50 CFR Part 20



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

Federal Register / Vol. 70, No. 146 / Monday, August 1, 2005 / 
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AT76


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 2005-06 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.

DATES: The Service Migratory Bird Regulations Committee will meet to 
consider and develop proposed regulations for late-season migratory 
bird hunting and the 2006 spring/summer migratory bird subsistence 
seasons in Alaska on July 27 and 28, 2005. All meetings will commence 
at approximately 8:30 a.m. You must submit comments on the proposed 
migratory bird hunting-season frameworks for Alaska, Hawaii, Puerto 
Rico, the Virgin Islands, and other early seasons by August 11, 2005, 
and for the forthcoming proposed late-season frameworks by August 30, 
2005.

ADDRESSES: The Service Migratory Bird Regulations Committee will meet 
in room 200 of the U.S. Fish and Wildlife Service's Arlington Square 
Building, 4401 N. Fairfax Drive, Arlington, Virginia. Send your 
comments on the proposals to the Chief, Division of Migratory Bird 
Management, U.S. Fish and Wildlife Service, Department of the Interior, 
MS MBSP-4107-ARLSQ, 1849 C Street, NW., Washington, DC 20240. All 
comments received, including names and addresses, will become part of 
the public record. You may inspect comments during normal business 
hours at the Service's office in room 4107, 4501 N. Fairfax Drive, 
Arlington, Virginia.

FOR FURTHER INFORMATION CONTACT: Brian Millsap, Chief, or Ron W. Kokel, 
Division of Migratory Bird Management, U.S. Fish and Wildlife Service, 
(703) 358-1714.

SUPPLEMENTARY INFORMATION:

Regulations Schedule for 2005

    On April 6, 2005, we published in the Federal Register (70 FR 
17574) a proposal to amend 50 CFR part 20. The proposal provided a 
background and overview of the migratory bird hunting regulations 
process, and dealt with the establishment of seasons, limits, the 
proposed regulatory alternatives for the 2005-06 duck hunting season, 
and other regulations for migratory game birds under Sec. Sec.  20.101 
through 20.107, 20.109, and 20.110 of subpart K. On June 24, 2005, we 
published in the Federal Register (70 FR 36794) a second document 
providing supplemental proposals for early- and late-season migratory 
bird hunting regulations frameworks and the regulatory alternatives for 
the 2005-06 duck hunting season. The June 24 supplement also provided 
detailed information on the 2005-06 regulatory schedule and announced 
the Service Migratory Bird Regulations Committee (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. It will lead to final frameworks from which States may 
select season dates, shooting hours, and daily bag and possession 
limits for the 2005-06 season. We have considered all pertinent 
comments received through June 30, 2005, on the April 6 and June 24, 
2005, 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 20, 2005.

Service Migratory Bird Regulations Committee Meetings

    Participants at the June 22-23, 2005, meetings reviewed information 
on the current status of migratory shore and upland game birds and 
developed 2005-06 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 27-28, 2005, meetings 
will review information on the current status of waterfowl and develop 
recommendations for the 2005-06 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 written comments to the Director of the Service 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.

May Breeding Waterfowl and Habitat Survey

    Habitat conditions at the time of the survey in May were variable. 
Habitat on the U.S. prairies was in fair to poor condition due to a dry 
fall, winter, and early spring and warm winter temperatures. Nesting 
habitat was particularly poor in South Dakota because of below average 
precipitation resulting in degraded wetland conditions and increased 
tilling and grazing of wetland margins. Water levels and upland nesting 
cover were better in North Dakota and eastern Montana and wetland 
conditions in these regions improved markedly during June, with the 
onset of well-above average precipitation. The 2005 pond estimate for 
the northcentral U.S. (1.5 million) was similar to last year.
    The prairies of southern Alberta and southwestern Saskatchewan were 
also quite dry at the beginning of the survey in early May. The U.S. 
and Canadian prairies received substantial rain in late May and during 
the entire month of June that recharged wetlands and encouraged growth 
of vegetation. While this improved habitat quality on the prairies, it 
probably came too late to benefit early-nesting species or prevent 
overflight. Rains likely improved habitat conditions for late nesting 
species and for renesting efforts. In contrast, the Canadian Parklands 
were much improved compared to last year, due to a combination of 
several years of improving nesting cover and above-normal precipitation 
last fall and winter. These areas were in good-to-

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excellent condition and conditions have remained good through early 
summer. Record high levels of rain did flood portions of lower 
elevation prairie areas of central Manitoba during April, producing 
fair or poor nesting conditions for breeding waterfowl in some areas.
    Overall, the pond estimate in the Canadian prairies and parklands 
and the U.S. prairies (5.4 million ponds) increased 37% over last year 
and was 12% higher than the long-term average. The estimate of ponds in 
the Canadian prairies and parklands was 3.9 million. This was a 56% 
increase over last year and 17% higher than the long-term average.
    Portions of northern Manitoba and northern Saskatchewan also 
experienced flooding, resulting in only fair conditions for breeding 
waterfowl. Most of the Northwest Territories was in good condition due 
to adequate water and a timely spring break up that made habitat 
available to early-nesting species. However, dry conditions in eastern 
parts of the Northwest Territories and northeastern Alberta resulted in 
low water levels in lakes and ponds and the complete drying of some 
wetlands. Thus, habitat was classified as fair in these areas. Alaska 
was in mostly excellent condition, with an early spring and good water, 
except for a few flooded river areas and the North Slope, where spring 
was late.
    In the Eastern Survey area, habitat conditions were good due to 
adequate water and relatively mild spring temperatures. The exceptions 
were the coast of Maine and the Maritimes, where May temperatures were 
cool and some flooding occurred along the coast and major rivers. Also, 
below normal precipitation left some habitats in fair to poor condition 
in southern Ontario. However, precipitation in this region following 
survey completion improved habitat conditions.

Status of Teal

    The estimate of blue-winged teal numbers from the Traditional 
Survey Area is 4.6 million. This represents a 13 percent increase from 
2004. According to the teal season harvest strategy, the estimate 
indicates that a 9-day September teal season is appropriate in 2005.

Sandhill Cranes

    The Mid-Continent Population of Sandhill Cranes has generally 
stabilized at comparatively high levels, following increases in the 
1970s. The Central Platte River Valley, Nebraska, spring index for 
2005, uncorrected for visibility, was 412,000 cranes. The most recent 
photo-corrected 3-year average (for 2002-2004) was 363,167, which is 
within the established population-objective range of 343,000-465,000 
cranes. All Central Flyway States, except Nebraska, allowed crane 
hunting in portions of their respective States in 2004-05. About 9,300 
hunters participated in these seasons, which was 12% higher than the 
number that participated during the previous years seasons. An 
estimated 15,124 cranes were harvested in the Central Flyway during 
2004-05 seasons, which was 18% lower than the previous year's estimate. 
Retrieved harvests in the Pacific Flyway, Canada, and Mexico were 
estimated to be about 14,528 cranes for the 2004-05 period. The total 
North American sport harvest, including crippling losses, was estimated 
at 33,847, which is 5% lower than the previous year's estimate.
    The fall 2004 pre-migration survey estimate for the Rocky Mountain 
Population of sandhill cranes was 18,510, which was 5.5% lower than the 
previous year's estimate of 19,523. Limited special seasons were held 
during 2004-05 in portions of Arizona, Idaho, Montana, New Mexico, 
Utah, and Wyoming, resulting in a harvest of 594 cranes (harvest 
allocation was 656 cranes), a 13% increase over the previous year's 
harvest of 528 cranes (harvest allocation was 668 cranes). The 3-year 
population average for 2002-04 is 18,945 sandhill cranes, which is 
within established population objectives of 17,000-21,000.

Woodcock

    Singing-ground and Wing-collection Surveys were conducted to assess 
the population status of the American woodcock (Scolopax minor). 
Singing-ground Survey data for 2005 indicate that the numbers of 
displaying woodcock in the Eastern and Central Regions were unchanged 
from 2004. There was no significant trend in woodcock heard on the 
Singing-ground Survey in either the Eastern or Central Regions during 
the 10 years between 1996 and 2005. This represents the second 
consecutive year since 1992 that the 10-year trend estimate for either 
region was not a significant decline. There were long-term (1968-2005) 
declines of 2.0 percent per year in the Eastern Region and 1.8 percent 
per year in the Central Region. Wing-collection survey data indicate 
that the 2004 recruitment index for the U.S. portion of the Eastern 
Region (2.0 immatures per adult female) was 34 percent higher than the 
2003 index, and 19 percent higher than the long-term average. The 
recruitment index for the U.S. portion of the Central Region (1.3 
immatures per adult female) was slightly lower than the 2003 index and 
17 percent below the long-term average.

Band-Tailed Pigeons and Doves

    A significant decline in the Coastal population of band-tailed 
pigeons occurred during 1968-2004, as indicated by the Breeding Bird 
Survey (BBS); however, no trend was noted over the most recent 10 
years. A range-wide mineral-site survey conducted in British Columbia, 
Washington, Oregon, and California indicated an increasing trend 
between 2001 and 2004. BBS analyses indicated no trend for the Interior 
band-tailed pigeon population over the long-term period, but did show a 
decline for the first time over the most recent 10 years.
    Analyses of Mourning Dove Call-count Survey data over the most 
recent 10 years indicated no significant trend for doves heard in 
either the Eastern or Western Management Unit while the Central Unit 
showed a significant decline. Over 40 years, all 3 units exhibited 
significant declines. In contrast, for doves seen over the 10-year 
period, a significant increase was found in the Eastern Unit while no 
trends were found in the Central and Western Units. Over 40 years, no 
trend was found for doves seen in the Eastern and Central Units while a 
significant decline was indicated for the Western Unit. A banding 
project is underway to obtain current information in order to develop 
mourning dove population models for each unit to provide guidance for 
improving our decision-making process with respect to harvest 
management.
    In Arizona, the white-winged dove population has shown a 
significant decline between 1962 and 2005. However, the number of 
whitewings has been fairly stable since the 1970s, but did show an 
apparent decline over the most recent 10 years. In Texas, white-winged 
doves are now found throughout most of the state. In 2005, the 
whitewing population in Texas was estimated to be 2.8 million. The 
expansion of whitewings northward and eastward from Texas has led to 
whitewings being sighted in most of the Great Plains and Midwestern 
states and as far north as Ontario. Nesting has been reported in 
Louisiana, Arkansas, Oklahoma, Kansas, and Missouri. They have been 
sighted in Colorado, Montana, Nebraska, Iowa, and Minnesota. 
Additionally, whitewings are believed to be expanding northward from 
Florida and have been seen along the eastern seaboard as far north as 
Newfoundland.
    White-tipped doves are maintaining a relatively stable population 
in the

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Lower Rio Grande Valley of Texas. They are most abundant in cities and, 
for the most part, are not available to hunting. The count in 2005 
averaged 0.51 birds per stop compared to 0.91 in 2004.

Review of Public Comments

    The preliminary proposed rulemaking (April 6 Federal Register) 
opened the public comment period for migratory game bird hunting 
regulations and announced the proposed regulatory alternatives for the 
2005-06 duck hunting season. Comments concerning early-season issues 
and the proposed alternatives are summarized below and numbered in the 
order used in the April 6 Federal Register document. Only the numbered 
items pertaining to early-seasons issues and the proposed regulatory 
alternatives for which written comments were received are included. 
Consequently, the issues do not follow in consecutive numerical or 
alphabetical order. We received recommendations from all four Flyway 
Councils. Some recommendations supported continuation of last year's 
frameworks. Due to the comprehensive nature of the annual review of the 
frameworks performed by the Councils, support for continuation of last 
year's frameworks is assumed for items for which no recommendations 
were received. Council recommendations for changes in the frameworks 
are summarized below. We seek additional information and comments on 
the recommendations in this supplemental proposed rule. New proposals 
and modifications to previously described proposals are discussed 
below. Wherever possible, they are discussed under headings 
corresponding to the numbered items in the April 6, 2005, 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 
length, 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.
D. Special Seasons/Species Management v. Pintails
    Council Recommendations: The Pacific Flyway Council recommended 
that the proposed technical revisions to the Northern Pintail Harvest 
strategy not be adopted in 2005 and that the efforts of the Working 
Group formed in 2004 should be expanded and continued. The Service 
should commit sufficient staff time to achieve significant progress on 
this issue in the coming year. Future work should include as a priority 
the development and the inclusion of compensatory harvest mortality in 
the population model and stock- and sex-specific harvest regulations. 
Since these issues and concerns cannot be fully evaluated and 
considered for the 2005 regulatory cycle, the Council supports 
establishment of 2005 northern pintail regulations under the same 
criteria used in 2004.
    Service Response: We concur with the Pacific Flyway Council's 
recommendation to delay incorporation of technical improvements to the 
Pintail Harvest Strategy until the next regulatory cycle. However, we 
believe strongly that the top priority for the coming year must be a 
decision on the proposed technical improvements followed by a clear 
articulation of the desired management objectives. We believe there are 
a limited number of possible objectives that might be considered: (1) 
Maximize long-term harvest, (2) minimize closed or partial seasons, (3) 
maximize long-term harvest constrained by a population goal, or (4) 
some combination of the above. We are open to additional input on 
objectives and look forward to these discussions to be facilitated by 
the existing working group.
    In addition to a review of the proposed technical modifications and 
an effort to more clearly define the harvest-management objectives in 
the strategy, we would also suggest incorporation of an adaptive 
process for choosing the appropriate season for a given set of 
conditions and perhaps consideration of a contrasting model that would 
include compensatory harvest effects as a reasonable scope of work to 
be completed in advance of the next regulatory cycle. At this time, we 
do not feel investigation of stock or sex specific harvest regulations 
for pintails would be beneficial to pursue.

4. Canada Geese

A. Special Seasons
    Council Recommendations: The Atlantic Flyway Council recommended 
that Connecticut's September goose season framework dates of 1 
September to 30 September become operational.
    The Central Flyway Council recommended that Oklahoma's Experimental 
September Canada Goose Hunting Season become operational for the time 
period beginning September 16-25, beginning with the September 2005 
hunting season.
    The Pacific Flyway Council recommended extending Idaho's 
geographically-limited September season framework to a State-wide 
framework.
    Service Response: We concur with the recommendations regarding 
Connecticut's and Idaho's September goose seasons. We do not support 
the Central Flyway Council recommendation to give operational status to 
the experimental season in Oklahoma. The sample size of tail fans 
necessary to determine the portion of migrant Canada geese in the 
harvest is insufficient for the experimental period. We believe that 
the experimental season should be extended for one year and we will 
work with Oklahoma to complete collections required for this 
assessment.
B. Regular Seasons
    Council Recommendations: The Upper- and Lower-Region Regulations 
Committees of the Mississippi Flyway Council recommended that the 
framework opening date for all species of geese be September 16 in 2005 
and future years. If this recommendation is not approved, the 
Committees recommended that the framework opening date for all species 
of geese for the regular goose seasons in Michigan and Wisconsin be 
September 16.
    Service Response: We concur with the objective to increase harvest 
pressure on resident Canada geese in the Mississippi Flyway, but do not 
concur with a September 16 framework opening date throughout the 
Flyway. A September 16 opening date Flyway-wide would require that the 
regular season be established during the early-season regulations 
process, which presents a number of administrative problems. In 
addition, a September 16 opening date has implications beyond the 
Mississippi Flyway. Regarding the recommendations for a September 16 
framework opening date in Wisconsin and Michigan, we concur. However, 
the opening dates in both States will continue to be considered 
exceptions to the general Flyway opening date, to be reconsidered 
annually.

9. Sandhill Cranes

    Council Recommendations: The Central Flyway Council recommended 
using the 2005 Rocky Mountain Population sandhill crane harvest 
allocation of 906 birds as proposed in the allocation formula using the 
2002-2004 3-year running average. In addition, the Council recommended 
no changes in the Mid-continent Population sandhill crane hunting 
frameworks.

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    Service Response: As we indicated in the April 6 Federal Register, 
during last year's waterfowl and sandhill crane hunting season, a group 
of hunters in Kansas accidentally shot at some whooping cranes. Two of 
the whooping cranes from this flock sustained injuries and were 
subsequently captured and treated by agency and university personnel. 
Both subsequently died after capture. We have worked with staff from 
the Kansas Department of Wildlife and Parks to review this incident and 
we concur with the Central Flyway Council recommendation for no change 
to the Mid-Continent Sandhill Crane Population hunting season 
frameworks. The State of Kansas has indicated that they will increase 
and improve hunter outreach and education efforts concerning whooping 
cranes in cooperation with the Service and will delay the opening of 
the sandhill crane season through State regulations. We believe these 
actions will minimize the potential conflicts with whooping cranes and 
hunting in this area.

16. Mourning Doves

    Council Recommendations: The Upper- and Lower-Region Regulations 
Committees of the Mississippi Flyway Council recommended that zoning 
remain an option for States in their management of mourning dove 
harvest. The Council recommends the following elements should be noted 
or made part of any change in zoning policy by the Service:
    1. There is no strong biological basis to establish a latitudinal 
line below which zoning is mandatory in the Eastern Management Unit;
    2. Use of September 20th as the earliest opening date for a South 
Zone has no biological basis; and
    3. Limiting the frequency that a State can select or change zoning 
options is supported, but the time period between changes should not 
exceed 5 years and States selecting Zoning should be able to revert 
back to a non-zoning option for any remaining years left before Zoning 
is again a regulatory option.
    The Central Flyway Council recommends the following guidelines for 
mourning dove hunting zones and periods in the Central Management Unit 
(CMU).
    1. The time interval between changes in zone boundaries or periods 
within States in the CMU should not exceed five (5) years consistent 
with the review schedule for duck zones and periods (i.e., 2006-2010, 
2011-2015, etc).
    2. States may select two (2) zones and three (3) segments except 
Texas has the option to select three (3) zones and two (2) segments.
    3. The opening date of September 20 in the South Zone in Texas with 
the three (3) zone option will remain unchanged.
    Service Response: We will defer the decision on dove zoning for 1 
year, and will work with the Flyway Councils and Dove technical 
committees to develop a consensus position on dove zoning by March 
2006.

17. White-Winged and White-Tipped Doves

    Council Recommendations: The Central Flyway Council recommended 
that the boundary for the White-winged Dove Area in Texas be extended 
to include the area south and west of Interstate Highway 37 and U.S. 
Highway 90, with an aggregate daily bag limit of 12 doves, no more than 
3 of which may be mourning doves. All other regulations would remain 
unchanged. The Council subsequently modified its recommendation to 
reduce the expansion to that area south and west of Interstate Highway 
35 and U.S. Highway 90, with an aggregate daily bag limit of 12 doves, 
no more than 4 of which may be mourning doves and 2 of which may be 
white-tipped doves.
    Service Response: We concur with the modified Council 
recommendation to expand the Special White-winged Dove Area to I-35 and 
U.S. 90 and allow an aggregate daily bag limit of 12 doves, of which no 
more than 4 may be mourning doves and 2 may be white-tipped doves. 
However, we are concerned about the potential increased take of 
mourning doves and will monitor the effects of this change. Further, we 
appreciate Texas' willingness to work with the Service to establish 
those surveys or studies that are needed and feasible to determine the 
effects of this expanded hunting area on mourning doves. Specifically, 
we are hopeful that the proposed comprehensive harvest surveys along 
with implementation of extensive nesting and banding studies will 
provide data that will help make future decisions.

18. Alaska

    Council Recommendations: The Pacific Flyway Council recommended 
that the Canvasback Harvest Strategy include a statement to the effect 
that ``In general, Alaska may annually select a canvasback season with 
limits of one daily, three in possession in lieu of annual 
prescriptions from this strategy. In the event that the breeding 
population declines to a level that indicates seasons will be closed 
for several years, the Service will consult with the Pacific Flyway 
Council to decide whether Alaska seasons should be closed.'' The 
Council and Service should appreciate that if season closure decisions 
are made during the late season process, Alaska will have to implement 
regulation changes by emergency orders, which will conflict with widely 
distributed public regulations summaries produced in July.
    Further, the Council recommended removal of the [Canada] goose 
closure in the Aleutian Islands (Unit 10), reduction of dark goose 
limits in Units 18 and 9(E) to four daily with no more than two 
cackling/Canada geese, and reduction in the brant season length in Unit 
9(D) from 107 days to 30 days. The Council's latter two recommendations 
are contingent on concomitant restrictions on primary migration and 
wintering areas in the lower 48 states.
    Service Response: We concur with the Council's recommendations. 
Further, we support the recommendation for the additional language to 
be added to the existing canvasback strategy describing the season 
closure process for the State of Alaska. However, we request that the 
Pacific Flyway Council continue to work with the Service to define what 
objective measures might be used to more clearly describe when 
canvasbacks would be closed in Alaska.

Public Comment Invited

    The Department of the Interior's policy is, whenever practicable, 
to afford the public an opportunity to participate in the rulemaking 
process. We intend that adopted final rules be as responsive as 
possible to all concerned interests and, therefore, seek the comments 
and suggestions of the public, other concerned governmental agencies, 
nongovernmental organizations, and other private interests on these 
proposals. Accordingly, we invite interested persons to submit written 
comments, suggestions, or recommendations regarding the proposed 
regulations to the address indicated under the caption ADDRESSES.
    Special circumstances involved in the establishment of these 
regulations limit the amount of time that we can allow for public 
comment. Specifically, two considerations compress the time in which 
the rulemaking process must operate: (1) The need to establish final 
rules at a point early enough in the summer to allow affected State 
agencies to adjust their licensing and regulatory mechanisms; and (2) 
the unavailability, before mid-June, of specific, reliable data on this 
year's status of some waterfowl and migratory shore and upland game 
bird populations. Therefore, we believe that to allow comment periods 
past the dates

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specified in DATES is contrary to the public interest.
    Before promulgation of final migratory game bird hunting 
regulations, we will take into consideration all comments received. 
Such comments, and any additional information received, may lead to 
final regulations that differ from these proposals. You may inspect 
comments received on the proposed annual regulations during normal 
business hours at the Service's office in room 4107, 4501 North Fairfax 
Drive, Arlington, Virginia. 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. However, as in the past, we 
will summarize all comments received during the comment period and 
respond to them in the final rule.

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 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 ADDRESSES. In a proposed rule 
published in the April 30, 2001, Federal Register (66 FR 21298), we 
expressed our intent to begin the process of developing a new 
Supplemental Environmental Impact Statement for the migratory bird 
hunting program. We plan to begin the public scoping process in 2005.

Endangered Species Act Consideration

    Prior to issuance of the 2005-06 migratory game bird hunting 
regulations, we will consider provisions of the Endangered Species Act 
of 1973, as amended (16 U.S.C. 1531-1543; hereinafter the Act) to 
ensure that hunting is not likely to jeopardize the continued existence 
of any species designated as endangered or threatened, or modify or 
destroy its critical habitat, and is consistent with conservation 
programs for those species. Consultations under Section 7 of this Act 
may cause us to change proposals in future supplemental proposed 
rulemaking documents.

Executive Order 12866

    The migratory bird hunting regulations are economically significant 
and were reviewed by the Office of Management and Budget (OMB) under 
Executive Order 12866. As such, a cost/benefit analysis was initially 
prepared in 1981. This analysis was subsequently revised annually from 
1990-96, updated in 1998 and updated again in 2004. It is further 
discussed below under the heading Regulatory Flexibility Act. Results 
from the 2004 analysis indicate that the expected welfare benefit of 
the annual migratory bird hunting frameworks is on the order of $734 to 
$1,064 million, with a mid-point estimate of $899 million. Copies of 
the cost/benefit analysis are available upon request from the address 
indicated under ADDRESSES or from our Web site at https://
www.migratorybirds.gov.
    Executive Order 12866 also requires each agency to write 
regulations that are easy to understand. We invite comments on how to 
make this rule easier to understand, including answers to questions 
such as the following: (1) Are the requirements in the rule clearly 
stated? (2) Does the rule contain technical language or jargon that 
interferes with its clarity? (3) Does the format of the rule (grouping 
and order of sections, use of headings, paragraphing, etc.) aid or 
reduce its clarity? (4) Would the rule be easier to understand if it 
were divided into more (but shorter) sections? (5) Is the description 
of the rule in the SUPPLEMENTARY INFORMATION section of the preamble 
helpful in understanding the rule? (6) What else could we do to make 
the rule easier to understand?
    Send a copy of any comments that concern how we could make this 
rule easier to understand to: Office of Regulatory Affairs, Department 
of the Interior, Room 7229, 1849 C Street NW., Washington, DC 20240. 
You may also e-mail the comments to this address: Exsec@ios.doi.gov.

Regulatory Flexibility Act

    These regulations have a significant economic impact on substantial 
numbers of small entities under the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.). We analyzed the economic impacts of the annual 
hunting regulations on small business entities in detail as part of the 
1981 cost-benefit analysis discussed under Executive Order 12866. 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, and 2004. 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 2004 Analysis was based on the 2001 National Hunting and 
Fishing Survey and the U.S. Department of Commerce's County Business 
Patterns, from which it was estimated that migratory bird hunters would 
spend between $481 million and $1.2 billion at small businesses in 
2004. Copies of the Analysis are available upon request from the 
address indicated under ADDRESSES or from our Web site at https://
www.migratorybirds.gov.

Small Business Regulatory Enforcement Fairness Act

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

Paperwork Reduction Act

    We examined these regulations under the Paperwork Reduction Act of 
1995. The various recordkeeping and reporting requirements imposed 
under regulations established in 50 CFR part 20, subpart K, are 
utilized in the formulation of migratory game bird hunting regulations. 
Specifically, OMB has approved the information collection requirements 
of the surveys associated with the Migratory Bird Harvest Information 
Program and assigned clearance number 1018-0015 (expires 2/29/2008). 
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 Sandhill Crane 
Harvest Survey and assigned clearance number 1018-0023 (expires 11/30/
2007). The information from this survey is used to estimate the 
magnitude and the geographical and temporal distribution of the 
harvest, and the portion it constitutes of the total population. 
Lastly, OMB has 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. The OMB control number for the information collection is 1018-
0124

[[Page 44205]]

(expires 10/31/2006). A Federal agency may not conduct or sponsor and a 
person is not required to respond to a collection of information unless 
it displays a currently valid OMB control number.

Unfunded Mandates Reform Act

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

Civil Justice Reform-Executive Order 12988

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

Takings Implication Assessment

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

Energy Effects--Executive Order 13211

    On May 18, 2001, the President issued Executive Order 13211 on 
regulations that significantly affect energy supply, distribution, and 
use. 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.

Federalism Effects

    Due to the migratory nature of certain species of birds, the 
Federal Government has been given responsibility over these species by 
the Migratory Bird Treaty Act. We annually prescribe frameworks from 
which the States make selections regarding the hunting of migratory 
birds, and we employ guidelines to establish special regulations on 
Federal Indian reservations and ceded lands. This process preserves the 
ability of the States and tribes to determine which seasons meet their 
individual needs. Any State or Indian tribe may be more restrictive 
than the Federal frameworks at any time. The frameworks are developed 
in a cooperative process with the States and the Flyway Councils. This 
process allows States to participate in the development of frameworks 
from which they will make selections, thereby having an influence on 
their own regulations. These rules do not have a substantial direct 
effect on fiscal capacity, change the roles or responsibilities of 
Federal or State governments, or intrude on State policy or 
administration. Therefore, in accordance with Executive Order 13132, 
these regulations do not have significant federalism effects and do not 
have sufficient federalism implications to warrant the preparation of a 
Federalism Assessment.

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 2005-06 
hunting season are authorized under 16 U.S.C. 703-712 and 16 U.S.C. 742 
a-j.

    Dated: July 26, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.

Proposed Regulations Frameworks for 2005-06 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, 
2005, and March 10, 2006.

General

    Dates: All outside dates noted below are inclusive.
    Shooting and Hawking (taking by falconry) Hours: Unless otherwise 
specified, from one-half hour before sunrise to sunset daily.
    Possession Limits: Unless otherwise specified, possession limits 
are twice the daily bag limit.

Flyways and Management Units

Waterfowl Flyways

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

Management Units

Mourning Dove Management Units

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

Woodcock Management Regions

    Eastern Management Region--Connecticut, Delaware, Florida, Georgia, 
Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, 
North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, 
Virginia, and West Virginia.
    Central Management Region--Alabama, Arkansas, Illinois, Indiana, 
Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, 
Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, 
Tennessee, Texas, and Wisconsin.
    Other geographic descriptions are contained in a later portion of 
this document.
    Compensatory Days in the Atlantic Flyway: In the Atlantic Flyway 
States of Connecticut, Delaware, Maine,

[[Page 44206]]

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 9 consecutive 
days in the Atlantic Flyway and (to be determined) in the 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 17). 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 two 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 Oldsquaw Ducks (Atlantic Flyway)

    Outside Dates: Between September 15 and January 31.
    Hunting Seasons and Daily Bag Limits: Not to exceed 107 days, with 
a daily bag limit of 7, singly or in the aggregate, of the listed sea-
duck species, of which no more than 4 may be scoters.
    Daily Bag Limits During the Regular Duck Season: Within the special 
sea duck areas, during the regular duck season in the Atlantic Flyway, 
States may choose to allow the above sea duck limits in addition to the 
limits applying to other ducks during the regular duck season. In all 
other areas, sea ducks may be taken only during the regular open season 
for ducks and are part of the regular duck season daily bag (not to 
exceed 4 scoters) and possession limits.
    Areas: In all coastal waters and all waters of rivers and streams 
seaward from the first upstream bridge in Maine, New Hampshire, 
Massachusetts, Rhode Island, Connecticut, and New York; in any waters 
of the Atlantic Ocean and in any tidal waters of any bay which are 
separated by at least 1 mile of open water from any shore, island, and 
emergent vegetation in New Jersey, South Carolina, and Georgia; and in 
any waters of the Atlantic Ocean and in any tidal waters of any bay 
which are separated by at least 800 yards of open water from any shore, 
island, and emergent vegetation in Delaware, Maryland, North Carolina, 
and Virginia; and provided that any such areas have been described, 
delineated, and designated as special sea-duck hunting areas under the 
hunting regulations adopted by the respective States.

Special Early Canada Goose Seasons

Atlantic Flyway

General Seasons
    Canada goose seasons of up to 15 days during September 1-15 may be 
selected for the Eastern Unit of Maryland and Delaware. Seasons not to 
exceed 30 days during September 1-30 may be selected for Connecticut, 
the Northeast Hunt Unit of North Carolina, New Jersey, and Rhode 
Island. Except for experimental seasons described below, 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 8 Canada geese.
Experimental Seasons
    Experimental Canada goose seasons of up to 25 days during September 
1-25 may be selected for the Montezuma Region of New York and the Lake 
Champlain Region of New York and Vermont. Experimental seasons of up to 
30 days during September 1-30 may be selected by Florida, Georgia, New 
York (Long Island Zone), North Carolina (except in the Northeast Hunt 
Unit), and South Carolina. 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 8 Canada geese.

Mississippi Flyway

General Seasons
    Canada goose seasons of up to 15 days during September 1-15 may be 
selected, except in the Upper Peninsula in Michigan, where the season 
may not extend beyond September 10, and in Minnesota (except in the 
Northwest Goose Zone), where a season of up to 22 days during September 
1-22 may be selected. The daily bag limit may not exceed 5 Canada 
geese. Areas open to the hunting of Canada geese must be described, 
delineated, and designated as such in each State's hunting regulations.
    A Canada goose season of up to 10 consecutive days during September 
1-10 may be selected by Michigan for Huron, Saginaw, and Tuscola 
Counties, except that the Shiawassee National Wildlife Refuge, 
Shiawassee River State Game Area Refuge, and the Fish Point

[[Page 44207]]

Wildlife Area Refuge will remain closed. The daily bag limit may not 
exceed 5 Canada geese.

Central Flyway

General Seasons
    Canada goose seasons of up to 15 days during September 1-15 may be 
selected. The daily bag limit may not exceed 5 Canada geese. Areas open 
to the hunting of Canada geese must be described, delineated, and 
designated as such in each State's hunting regulations.
    A Canada goose season of up to 15 consecutive days during September 
16-30 may be selected by South Dakota. The daily bag limit may not 
exceed 5 Canada geese.
Experimental Seasons
    An experimental Canada goose season of up to 9 consecutive days 
during September 22-30 may be selected by Oklahoma. The daily bag limit 
may not exceed 5 Canada geese.
    An experimental Canada goose season of up to 15 consecutive days 
during September 16-30 may be selected by Nebraska. The daily bag limit 
may not exceed 5 Canada geese.

Pacific Flyway

General Seasons
    California may select a 9-day season in Humboldt County during the 
period September 1-15. The daily bag limit is 2.
    Colorado may select a 9-day season during the period of September 
1-15. The daily bag limit is 3.
    Oregon may select a special Canada goose season of up to 15 days 
during the period September 1-15. In addition, in the NW goose 
management zone in Oregon, a 15-day season may be selected during the 
period September 1-20. Daily bag limits may not exceed 5 Canada geese.
    Idaho may select a 7-day season during the period September 1-15. 
The daily bag limit is 2 and the possession limit is 4.
    Washington may select a special Canada goose season of up to 15 
days during the period September 1-15. Daily bag limits may not exceed 
5 Canada geese.
    Wyoming may select an 8-day season on Canada geese between 
September 1-15. This season is subject to the following conditions:
    1. Where applicable, the season must be concurrent with the 
September portion of the sandhill crane season.
    2. A daily bag limit of 2, with season and possession limits of 4, 
will apply to the special season.
    Areas open to hunting of Canada geese in each State must be 
described, delineated, and designated as such in each State's hunting 
regulations.

Regular Goose Seasons

    Regular goose seasons may open as early as September 16 in 
Wisconsin and Michigan. Season lengths, bag and possession limits, and 
other provisions will be established during the late-season regulations 
process.

Sandhill Cranes

    Regular Seasons in the Central Flyway:
    Outside Dates: Between September 1 and February 28.
    Hunting Seasons: Seasons not to exceed 37 consecutive days may be 
selected in designated portions of North Dakota (Area 2) and Texas 
(Area 2). Seasons not to exceed 58 consecutive days may be selected in 
designated portions of the following States: Colorado, Kansas, Montana, 
North Dakota, South Dakota, and Wyoming. Seasons not to exceed 93 
consecutive days may be selected in designated portions of the 
following States: New Mexico, Oklahoma, and Texas.
    Daily Bag Limits: 3 sandhill cranes, except 2 sandhill cranes in 
designated portions of North Dakota (Area 2) and Texas (Area 2).
    Permits: Each person participating in the regular sandhill crane 
seasons must have a valid Federal sandhill crane hunting permit and/or, 
in those States where a Federal sandhill crane permit is not issued, a 
State-issued Harvest Information Survey Program (HIP) certification for 
game bird hunting in their possession while hunting.
    Special Seasons in the Central and Pacific Flyways:
    Arizona, Colorado, Idaho, Montana, New Mexico, Utah, and Wyoming 
may select seasons for hunting sandhill cranes within the range of the 
Rocky Mountain Population (RMP) subject to the following conditions:
    Outside Dates: Between September 1 and January 31.
    Hunting Seasons: The season in any State or zone may not exceed 30 
days.
    Bag limits: Not to exceed 3 daily and 9 per season.
    Permits: Participants must have a valid permit, issued by the 
appropriate State, in their possession while hunting.
    Other provisions: Numbers of permits, open areas, season dates, 
protection plans for other species, and other provisions of seasons 
must be consistent with the management plan and approved by the Central 
and Pacific Flyway Councils with the following exceptions:
    1. In Utah, the requirement for monitoring the racial composition 
of the harvest in the experimental season is waived, and 100 percent of 
the harvest will be assigned to the RMP quota;
    2. In Arizona, monitoring the racial composition of the harvest 
must be conducted at 3 year intervals;
    3. In Idaho, seasons are experimental, and the requirement for 
monitoring the racial composition of the harvest is waived; 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.

Common Moorhens and Purple Gallinules

    Outside Dates: Between September 1 and January 20 in the Atlantic 
Flyway, and between September 1 and the Sunday nearest January 20 
(January 22) in the Mississippi and Central Flyways. States in the 
Pacific Flyway have been allowed to select their hunting seasons 
between the outside dates for the season on ducks; therefore, they are 
late-season frameworks, and no frameworks are provided in this 
document.
    Hunting Seasons and Daily Bag Limits: Seasons may not exceed 70 
days in the Atlantic, Mississippi, and Central Flyways. Seasons may be 
split into 2 segments. The daily bag limit is 15 common moorhens and 
purple gallinules, singly or in the aggregate of the two species.
    Zoning: Seasons may be selected by zones established for duck 
hunting.

Rails

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

[[Page 44208]]

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 24) 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 12, or not more than 60 days with a daily bag limit 
of 15.
    Zoning and Split Seasons: States may select hunting seasons in each 
of two zones. The season within each zone may be split into not more 
than three periods. The hunting seasons in the South Zones of Alabama, 
Florida, Georgia, and Louisiana may commence no earlier than September 
20. Regulations for bag and possession limits, season length, and 
shooting hours must be uniform within specific hunting zones.

Central Management Unit

    Hunting Seasons and Daily Bag Limits: Not more than 70 days with a 
daily bag limit of 12 mourning and white-winged doves in the aggregate, 
or not more than 60 days with a 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 September 20 
and January 25.
    C. Daily bag limits are aggregate bag limits with mourning, white-
winged, and white-tipped doves (see white-winged dove frameworks for 
specific daily bag limit restrictions).
    D. Except as noted above, regulations for bag and possession 
limits, season length, and shooting hours must be uniform within each 
hunting zone.

Western Management Unit

    Hunting Seasons and Daily Bag Limits:
    Idaho, Oregon, and Washington--Not more than 30 consecutive days 
with a daily bag limit of 10 mourning doves.
    Utah--Not more than 30 consecutive days with a daily bag limit that 
may not exceed 10 mourning doves and white-winged doves in the 
aggregate.
    Nevada--Not more than 30 consecutive days with a daily bag limit of 
10 mourning doves, except in Clark and Nye Counties, where the daily 
bag limit may not exceed 10 mourning and white-winged doves in the 
aggregate.
    Arizona and California--Not more than 60 days, which may be split 
between two periods, September 1-15 and November 1-January 15. In 
Arizona, during the first segment of the season, the daily bag limit is 
10 mourning and white-winged doves in the aggregate, of which no more 
than 6 may be white-winged doves. During the remainder of the season, 
the daily bag limit is 10 mourning doves. In California, the daily bag 
limit is 10 mourning doves, except in Imperial, Riverside, and San 
Bernardino Counties, where the daily bag limit may not exceed 10 
mourning and white-winged doves in the aggregate.

White-Winged and White-Tipped Doves

    Hunting Seasons and Daily Bag Limits:
    Except as shown below, seasons must be concurrent with mourning 
dove seasons.

Eastern Management Unit

    In Florida, the daily bag limit may not exceed 12 mourning and 
white-winged doves (15 under the alternative) in the aggregate, of 
which no more than 4 may be white-winged doves.
    In the remainder of the Eastern Management Unit, the season is 
closed.

Central Management Unit

    In Texas, the daily bag limit may not exceed 12 mourning, white-
winged, and white-tipped doves (15 under the alternative) 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 12 
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 12 (15 under the alternative) 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.

[[Page 44209]]

    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