Migratory Bird Hunting; Proposed Frameworks for Late-Season Migratory Bird Hunting Regulations, 49068-49091 [05-16393]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 70, Number 161 (Monday, August 22, 2005)]
[Proposed Rules]
[Pages 49068-49091]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16393]



[[Page 49067]]

-----------------------------------------------------------------------

Part III





Department of the Interior





-----------------------------------------------------------------------



Fish and Wildlife Service



-----------------------------------------------------------------------



50 CFR Part 20



Migratory Bird Hunting; Proposed Frameworks for Late-Season Migratory 
Bird Hunting Regulations; Proposed Rule

Federal Register / Vol. 70, No. 161 / Monday, August 22, 2005 / 
Proposed Rules

[[Page 49068]]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AT76


Migratory Bird Hunting; Proposed Frameworks for Late-Season 
Migratory Bird Hunting Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; supplemental.

-----------------------------------------------------------------------

SUMMARY: The Fish and Wildlife Service (hereinafter Service or we) is 
proposing to establish the 2005-06 late-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 number 
of birds that may be taken and possessed in late seasons. These 
frameworks are necessary to allow State selections of seasons and 
limits and to allow recreational harvest at levels compatible with 
population and habitat conditions.

DATES: You must submit comments on the proposed migratory bird hunting 
late-season frameworks by September 1, 2005.

ADDRESSES: 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, Arlington Square Building, 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.
    On June 22 and 23, we held open meetings with the Flyway Council 
Consultants, at which the participants reviewed information on the 
current status of migratory shore and upland game birds and developed 
recommendations for the 2005-06 regulations for these species plus 
regulations for migratory game birds in Alaska, Puerto Rico, and the 
Virgin Islands; special September waterfowl seasons in designated 
States; special sea duck seasons in the Atlantic Flyway; and extended 
falconry seasons. In addition, we reviewed and discussed preliminary 
information on the status of waterfowl as it relates to the development 
and selection of the regulatory packages for the 2005-06 regular 
waterfowl seasons. On August 1, 2005, we published in the Federal 
Register (70 FR 44200) a third document specifically dealing with the 
proposed frameworks for early-season regulations. In late August, we 
will publish a rulemaking establishing final frameworks for early-
season migratory bird hunting regulations for the 2005-06 season.
    On July 27-28, 2005, we held open meetings with the Flyway Council 
Consultants, at which the participants reviewed the status of waterfowl 
and developed recommendations for the 2005-06 regulations for these 
species. This document deals specifically with proposed frameworks for 
the late-season migratory bird hunting regulations. It will lead to 
final frameworks from which States may select season dates, shooting 
hours, areas, and limits.
    We have considered all pertinent comments received through July 29, 
2005, in developing this document. In addition, new proposals for 
certain late-season regulations are provided for public comment. The 
comment period is specified above under DATES. We will publish final 
regulatory frameworks for late-season migratory game bird hunting in 
the Federal Register on or around September 20, 2005.

Population Status and Harvest

    The following paragraphs provide a brief summary of information on 
the status and harvest of waterfowl 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 
ADDRESSES or from our Web site at https://migratorybirds.fws.gov.

Status of Ducks

    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 and helicopters and encompass principal breeding areas of 
North America, and cover 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.
Breeding Ground Conditions
    Habitat conditions at the time of the survey in May 2005 were 
variable, with some areas improved relative to last year and others 
remaining or becoming increasingly dry. The total May pond estimate 
(Prairie and Parkland Canada and the northcentral U.S. combined) was 
5.4  0.2 million ponds. This was 37 percent greater than 
last year's estimate of 3.9  0.2 million ponds and 12 
percent higher than the long-term average of 4.8  0.1 
million ponds.
    Habitat in the surveyed portion of 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. Birds may have overflown the State for wetter conditions to 
the north. Water levels and upland nesting cover were relatively better 
in North Dakota and eastern Montana, and wetland conditions in these 
regions improved markedly during June following the survey, with the 
onset of well-above average precipitation. The 2005 pond estimate for 
north-central U.S. (1.5  0.1 million) was similar to last 
year's estimate.
    The prairies of southern Alberta and southwestern Saskatchewan were 
also quite dry 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

[[Page 49069]]

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. This heavy rain likely benefited 
late-nesting species and improved renesting. Record high rains flooded 
the lower elevation prairie areas of central Manitoba during April, 
producing fair or poor nesting conditions for breeding waterfowl. In 
contrast, the Canadian Parklands were much improved compared to last 
year, due to several years of improving nesting cover and above-normal 
precipitation last fall and winter. These areas were in good-to-
excellent condition at the start of the survey and remained so into 
July. Overall, the May pond estimate in Prairie and Parkland Canada was 
3.9  0.2 million. This was a 56 percent increase over last 
year's estimate of 2.5  0.1 million ponds and 17 percent 
higher than the long-term average of 3.3  0.3 million 
ponds. Portions of northern Manitoba and northern Saskatchewan also 
experienced flooding, resulting in only fair conditions for breeding 
waterfowl. In contrast, 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 northern Alberta 
resulted in low water levels in lakes and ponds and the complete drying 
of some wetlands. Therefore, habitat was also classified as fair in 
these areas.
    For the most part, habitats in Alaska were in excellent condition, 
with an early spring and good water levels, except for a few flooded 
river areas and on the North Slope, where spring was late.
    In the Eastern Survey Area (strata 51-72), habitat conditions were 
generally good due to adequate water and relatively mild spring 
temperatures. Exceptions were the coast of Maine and the Atlantic 
Provinces, where May temperatures were cool and some flooding occurred 
along the coast and major rivers. Also, below-normal precipitation left 
some habitat in fair to poor condition in southern Ontario. However, 
precipitation in southern Ontario after survey completion improved 
habitat conditions in that region.
Breeding population status
    In the Waterfowl Breeding Population and Habitat Survey traditional 
survey area (strata 1-18, 20-50, and 75-77), the total duck population 
estimate was 31.7  0.6 [SE] million birds, similar to last 
year's estimate of 32.2  0.6 million birds but 5 percent 
below the 1955-2004 long-term average. Mallard (Anas platyrhynchos) 
abundance was 6.8  0.3 million birds, which was 9 percent 
below last year's estimate of 7.4  0.3 million birds and 10 
percent below the long-term average. Blue-winged teal (A. discors) 
abundance was 4.6  0.2 million birds, similar to last 
year's estimate of 4.1  0.2 million birds, and the long-
term average. Of the other duck species, the gadwall estimate (A. 
strepera; 2.2  0.1 million) was 16 percent below that of 
2004, while estimates of northern pintails (A. acuta; 2.6  
0.1 million; +17 percent) and northern shovelers (A. clypeata; 3.6 
 0.2 million; +28 percent) were significantly above 2004 
estimates. The estimate for northern shovelers was 67 percent above the 
long-term average for this species, as were estimates of gadwall (+30 
percent) and green-winged teal (A. crecca; 2.2  0.1 
million; +16 percent). Northern pintails remained 38 percent below 
their long-term average despite this year's increase in abundance. 
Estimates of American wigeon (A. americana; 2.2  0.1 
million; -15 percent) and scaup (Aythya affinis and A. marila combined; 
3.4  0.2; -35 percent) also were below their respective 
long-term averages; the estimate for scaup was a record low. Abundances 
of redheads (A. americana) and canvasbacks (A. valisineria) were 
similar to last year's counts and long-term averages.
    The eastern survey area was restratified, and is now composed of 
strata 51-72. Mergansers (red-breasted [Mergus serrator], common [M. 
merganser], and hooded [Lophodytes cucullatus;]; -25 percent), mallards 
(-36 percent), American black ducks (A. rubripes, -24 percent), and 
green-winged teal (-46 percent) were all below their 2004 estimates. 
Ring-necked ducks (Aythya collaris) and goldeneyes (common [Bucephala 
clangula] and Barrow's [B. islandica]) were similar to their 2004 
estimates. No species in the eastern survey area differed from their 
long-term averages.
Fall Flight Estimate
    The mid-continent mallard population is composed of mallards from 
the traditional survey area, Michigan, Minnesota, and Wisconsin, and is 
7.5 + 0.3 million which is 10 percent lower than the 2004 estimate of 
8.3 + 0.3 million. The 2005 mid-continent mallard fall-flight index is 
9.3 + 0.1 million, similar to the 2004 estimate of 9.4 + 0.1 million 
birds. These indices were based on revised mid-continent mallard 
population models and, therefore, differ from those previously 
published.
    See section 1.A. Harvest Strategy Considerations for further 
discussion on the implications of this information for this year(s 
selection of the appropriate hunting regulations.

Status of Geese and Swans

    We provide information on the population status and productivity of 
North American Canada geese (Branta canadensis), brant (B. bernicla), 
snow geese (Chen caerulescens), Ross' geese (C. rossii), emperor geese 
(C. canagica), white-fronted geese (Anser albifrons), and tundra swans 
(Cygnus columbianus). The timing of spring snowmelt in important goose 
and swan nesting areas in most of the Arctic and subarctic was near 
average, or earlier than average in 2005. Delayed nesting phenology or 
reduced nesting effort was indicated for only Alaska's North Slope and 
areas of the eastern Canadian High Arctic. Primary abundance indices in 
2005 increased from 2004 levels for 12 goose populations and decreased 
for 13 goose populations. Primary indices in 2005 increased for western 
tundra swans and decreased for eastern tundra swans. Of these 27 
populations, the Atlantic, Eastern Prairie, Mississippi Flyway Giant, 
and Aleutian Canada goose populations, and the Western Arctic/Wrangel 
Island snow goose population displayed significant positive trends 
during the most recent 10-year period. Only Short Grass Prairie 
Population Canada geese and Pacific brant displayed significant 
negative 10-year trends. The forecast for the production of geese and 
swans in North America in 2005 is generally favorable and improved from 
that of 2004.

Waterfowl Harvest and Hunter Activity

    During the 2004-05 hunting season, both duck and goose harvest 
decreased from the previous year. U.S. hunters harvested 12,312,200 
ducks in 2004-05 compared to 13,165,500 in 2003-04, and they harvested 
3,189,700 geese, compared to 3,828,200 geese taken in 2003-04. The five 
most commonly harvested duck species were mallard (4,531,600), green-
winged teal (1,373,600), gadwall (1,364,000), wood duck (1,105,500), 
and wigeon (750,600).

Review of Public Comments and Flyway Council Recommendations

    The preliminary proposed rulemaking, which appeared in the April 6, 
2005, Federal Register, opened the public comment period for migratory 
game bird hunting regulations. The supplemental proposed rule, which 
appeared in the June 24,

[[Page 49070]]

2005, Federal Register, discussed the regulatory alternatives for the 
2005(06 duck hunting season. Late-season comments are summarized below 
and numbered in the order used in the April 6 Federal Register 
document. We have included only the numbered items pertaining to late-
season issues for which we received written comments. Consequently, the 
issues do not follow in successive 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.

General

    Council Recommendations: The Atlantic Flyway Council recommended 
increasing the possession limit of waterfowl to four times the daily 
bag limit, except where currently more liberal.
    Service Response: We do not support the recommendation to increase 
possession limits. The possession limit regulation [50 CFR 20.33] is 
sometimes the only tool law enforcement personnel have to combat over-
bag violations, due to the remoteness of some hunting locations and the 
difficulties officers/agents encounter while conducting surveillance of 
hunter compliance. Further, we believe the deterrence to violate would 
be substantially reduced by increasing the traditional possession 
limits.

1. Ducks

    Categories used to discuss issues related to duck harvest 
management are: (A) Harvest Strategy Considerations, (B) Regulatory 
Alternatives, (C) Zones and Split Seasons, and (D) Special Seasons/
Species Management. The categories correspond to previously published 
issues/discussion, and only those containing substantial 
recommendations are discussed below.
A. Harvest Strategy Considerations
    Council Recommendations: The Atlantic, Central, and Pacific Flyway 
Councils and the Upper- and Lower-Regulations Committees of the 
Mississippi Flyway Council recommended the adoption of the ``liberal'' 
regulatory alternative, with the exception of some specific bag limits 
described below in section 1.D. Special Seasons/Species Management. 
More specifically, recommendations concerned sections ii. September 
Teal/Wood Duck Seasons, iii. Black Ducks, iv. Canvasbacks, v. Pintails, 
and vii. Scaup.
    Service Response: We are continuing development of an AHM protocol 
that would allow hunting regulations to vary among Flyways in a manner 
that recognizes each Flyway's unique breeding-ground derivation of 
mallards. For the 2005 hunting season, we believe that the prescribed 
regulatory choice for the Mississippi, Central, and Pacific Flyways 
should continue to depend on the status of midcontinent mallards. We 
also recommend that the regulatory choice for the Atlantic Flyway 
continues to depend on the status of eastern mallards. Investigations 
of the dynamics of western mallards (and their potential effect on 
regulations in the West) are continuing; therefore we are not yet 
prepared to recommend an AHM protocol for this mallard stock.
    For the 2005 hunting season, we are continuing to consider the same 
regulatory alternatives as those used last year. The nature of the 
restrictive, moderate, and liberal alternatives has remained 
essentially unchanged since 1997, except that extended framework dates 
have been offered in the moderate and liberal regulatory alternatives 
since 2002. Also, we agreed in 2003 to place a constraint on closed 
seasons in the western three Flyways whenever the midcontinent mallard 
breeding-population size (traditional survey area plus MN, MI, and WI) 
is >=5.5 million.
    Optimal AHM strategies for the 2005 hunting season were calculated 
using: (1) Harvest-management objectives specific to each mallard 
stock; (2) the 2005 regulatory alternatives; and (3) current population 
models and associated weights for midcontinent and eastern mallards. 
Based on this year's survey results of 7.54 million midcontinent 
mallards (traditional surveys area plus MN, WI, and MI), 3.9 million 
ponds in Prairie Canada, and 1.05 million eastern mallards, the 
prescribed regulatory choice for all four Flyways is the liberal 
alternative.
    Therefore, we concur with the recommendations of the Atlantic, 
Mississippi, Central, and Pacific Flyways regarding selection of the 
``liberal'' regulatory alternative and propose to adopt the ``liberal'' 
regulatory alternative, as described in the June 24 Federal Register.
C. Zones and Split Seasons
    Council Recommendations: The Atlantic Flyway Council recommended 
that the Service allow three zones, with two-way splits in each zone, 
as an additional option for duck season configurations in 2006-2010. 
Guidelines for zone-split configurations should be finalized by 
September 2005 so states have adequate opportunity to consider possible 
changes for 2006.
    The Upper-Region Regulations Committee of the Mississippi Flyway 
Council recommended that the Service allow three zones, with two-way 
splits in each zone, and four zones with no splits, as additional 
options for duck season configurations in 2006-2010. In addition, the 
Committee recommended that States with existing grand fathered status 
be allowed to retain that status.
    The Central Flyway Council recommended allowing three zones, with 
two-way splits (three season segments) in each zone, and four zones 
with no splits, as additional options for duck season configurations in 
2006-2010.
    Service Response: In 1990, because of concerns about the 
proliferation of zones and split seasons for duck hunting, a 
cooperative review and evaluation of the historical use of zone/split 
options was conducted. This review did not show that the proliferation 
of these options had increased harvest pressure; however, the ability 
to detect the impact of zone/split configurations was poor because of 
unreliable response variables, the lack of statistical tests to 
differentiate between real and perceived changes, and the absence of 
adequate experimental controls. Consequently, guidelines were 
established to provide a framework for controlling the proliferation of 
changes in zone/split options. The guidelines identified a limited 
number of zone/split configurations that could be used for duck hunting 
and restricted the frequency of changes in these configurations to 5-
year intervals. In 1996, the guidelines were revised to provide States 
greater flexibility in using their zone/split arrangements. Open 
seasons for changes occurred in 1991, 1996, and 2001. The fourth open 
season will occur next year when zone/split configurations will be 
established for the 2006-2010 period.

[[Page 49071]]

    In response to recommendations from the Flyway Councils, we 
considered changes to the current zone/split guidelines. We believe 
that the guidelines implemented in 2001 continue to achieve their 
intended objectives while allowing States sufficient flexibility to 
address differences in physiography, climate, and other factors and 
that the guidelines need not be changed. Thus, these guidelines will be 
used to guide zone/split selection for next year's and future open 
seasons.
    We request that by April 15, 2006, States notify us whether or not 
they plan to change their zone/split configurations for the next 5-year 
period (2006-2010). Those States wishing to change their configuration 
should submit a proposal for the change by this date.

Guidelines for Duck Zones and Split Seasons

    The following zone/split-season guidelines apply only for the 
regular duck season:
    1. A zone is a geographic area or portion of a State, with a 
contiguous boundary, for which independent dates may be selected for 
the regular duck season.
    2. Consideration of changes for management-unit boundaries is not 
subject to the guidelines and provisions governing the use of zones and 
split seasons for ducks.
    3. Only minor (less than a county in size) boundary changes will be 
allowed for any grandfather arrangement, and changes are limited to the 
open season.
    4. Once a zone/split option is selected during an open season, it 
must remain in place for the following 5 years.
    Any State may continue the configuration used in the previous 5-
year period. If changes are made, the zone/split-season configuration 
must conform to one of the following options: (1) Three zones with no 
splits; (2) Split seasons (no more than 3 segments) with no zones; or 
(3) Two zones with the option for 2-way split seasons in one or both 
zones.

Grandfathered Zone/Split Arrangements

    When the zone/split guidelines were first implemented in 1991, 
several States had completed experiments with zone/split arrangements 
different from Options 1-3 above. Those States were offered a one-time 
opportunity to continue those arrangements, with the stipulation that 
only minor changes could be made to zone boundaries; and if they ever 
wished to change their zone/split arrangement, the new arrangement 
would have to conform to one of the 3 options identified above. If a 
grandfathered State changed its zoning arrangement, it could not go 
back to the grandfathered arrangement it previously had in place. 
Current grandfathered arrangements are:
    Atlantic Flyway: Massachusetts, New Jersey--3 zones with 2-segment 
splits in each zone. New York--5 zones with 2-segment splits in each 
zone. Pennsylvania--4 zones with 2-segment splits in each zone.
    Mississippi Flyway: Michigan, Indiana, Ohio--3 zones with 2-segment 
splits in each zone.
    Central Flyway: Nebraska--5 zones with 2-segment splits in each 
zone. South Dakota--4 zones with 2-segment splits in each zone.
    Pacific Flyway: Alaska--5 zones with 2-segment splits in 1 zone. 
California--5 zones with 2-segment splits in each zone.
D. Special Seasons/Species Management
ii. September Teal/Wood Duck Seasons
    Council Recommendations: The Atlantic Flyway Council recommended 
increasing the wood duck bag limit in the Atlantic Flyway to three 
birds during October 1 to the first Sunday in November for a three-year 
experimental period (2005/06-2007/08).
    Service Response: We do not support the Atlantic Flyway Council's 
proposal to increase the bag limit for wood ducks. We note that the 
breeding bird survey population trend for the past 10 years exhibits no 
significant trend, suggesting the population is stable at current 
harvest levels. Further, preliminary harvest rate estimates from the 
cooperative reward band study suggest that current wood duck harvest 
rates are higher than previously thought. We believe that a full 
assessment of this information is needed to determine whether or not 
wood ducks can sustain additional harvest pressure. We propose to 
continue our cooperative assessments of available wood duck population 
data with both the Mississippi and Atlantic Flyways, and expect a full 
assessment of this information to take several years.
iii. Black Ducks
    Council Recommendations: The Atlantic Flyway Council recommended 
the Service give conceptual approval to allow the States of Maine, New 
Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, 
and New Jersey an option to return to a two black duck daily bag limit 
in any or all waterfowl management zones for possible implementation in 
2006. The season length for black ducks would be reduced for the number 
of days appropriate to ensure no increase in black duck harvest or 
harvest rate. This approach would require the development of a 3-year 
experimental design covering a block of states large enough to support 
appropriate evaluation.
    Service Response: During this past year, we have continued dialogue 
with the Atlantic and Mississippi Flyways regarding assessments of the 
harvest potential of black ducks. We are particularly concerned with 
evidence of a long-term decline in the productivity of black ducks, 
which implies declining harvest potential. Harvest rates of black ducks 
have increased concurrently with implementation of AHM and the return 
to longer seasons. Current harvest rates as measured by reward banding 
are now at or near the levels which are likely to produce maximum 
sustainable harvests. If the decline in productivity continues and 
harvest rates are not reduced, harvest and population size can be 
expected to decline as well. In light of the assessment work conducted 
to date, we do not support any regulatory changes this year. Thus, we 
do not support the Atlantic Flyway Council's proposal.
    In addition to the biological concerns expressed above, we have a 
more basic conceptual concern with this proposal. In general, we do not 
support dividing Flyways into regions with differential species 
regulations and/or regulatory options. Our approach is predicated on 
the fact that our monitoring and assessment capacity are primarily 
designed to monitor harvests and population status at the Flyway scale. 
In many cases, our monitoring programs do not have the necessary 
precision to evaluate approaches such as has been recommended here. 
Although additional effort can be directed at refining these estimates, 
we believe the costs of the additional information far outweighs any 
potential benefits to resource conservation, harvest opportunity or 
hunter satisfaction.
iv. Canvasbacks
    Council Recommendations: The Atlantic, Central, and Pacific Flyway 
Councils and the Upper- and Lower-Regulations Committees of the 
Mississippi Flyway Council recommended that the Service allow a 
``restrictive'' canvasback season consisting of a 1-bird daily bag 
limit and a 30-day season in the Atlantic and Mississippi Flyways, 39-
day season in the Central Flyway, and 60-day season in the Pacific 
Flyway.
    Service Response: Based on regulatory actions in recent years and

[[Page 49072]]

recommendations from the Flyway Councils, the canvasback harvest 
strategy was modified in 2004 to allow partial seasons within the 
regular duck season. The modification allows a canvasback season length 
equal to that of the ``restrictive'' AHM regulatory alternative if a 
full season is not supported, but the reduced harvest from the 
restricted season predicts a spring abundance the following year equal 
to or greater than the objective of 500,000 birds. Otherwise, the 
season on canvasbacks would be closed. Further, based on a 
recommendation from the Pacific Flyway Council, Alaska would have a 1-
bird daily bag limit for the entire regular duck season in all years 
unless the Service determines that it is in the best interest of the 
canvasback resource to close the season in Alaska as well as the lower 
48 states.
    This year's spring survey resulted in an estimate of 520,574 
canvasbacks. The estimate of ponds in Prairie Canada was 3.9 million, 
which was 17% above the average. The allowable harvest in the U.S. 
calculated from these numbers is 84,424 birds, which is below the 
predicted U.S. harvest of 118,904 associated with the `liberal' duck 
season alternative. Thus, for 2005-06, a canvasback season the entire 
length of the regular season is not supported. However, the 
``restrictive'' season length within the regular duck season is 
expected to result in a harvest of about 61,758 canvasbacks, and is 
supported. Thus, we propose a season length at the level of the 
``restrictive'' AHM alternative (i.e., 30 days in the Atlantic and 
Mississippi Flyways, 39 days in the Central Flyway, and 60 days in the 
Pacific Flyway) for this year. Seasons may be split according to 
applicable zones/split duck hunting configurations approved for each 
State.
v. Pintails
    Council Recommendations: The Atlantic, Central, and Pacific Flyway 
Councils and the Upper- and Lower-Regulations Committees of the 
Mississippi Flyway Council recommended a full season for pintails 
consisting of a 1-bird daily bag limit and a 60-day season in the 
Atlantic and Mississippi Flyways, a 74-day season in the Central 
Flyway, and a 107-day season in the Pacific Flyway.
    Service Response: We earlier endorsed the continued use of the 
pintail harvest strategy without alteration from the provision adopted 
in 2004. With an observed spring breeding population of 2,561,000 and a 
projected fall flight of 3,215,000 pintails, the harvest strategy 
prescribes a full season and a 1-bird bag in all Flyways. Under the 
``liberal'' season length, this regulation is expected to result in a 
harvest of 603,000 pintails with 2,288,000 birds in next year's 
breeding population. Thus, we concur with the Atlantic, Mississippi, 
and Pacific Flyway Councils on the selection of a full season for 
pintails.
    Furthermore, we agree with the Central Flyway's recommendation to 
adopt a 39-day ``season within a season'' for pintails. We understand 
that this departure from the pintail strategy is a necessary step for 
the Flyway to complete a 3-year evaluation of the ``season within a 
season'' structure for pintails and canvasbacks. This baseline 
information will allow a comparison to a proposed strategy to implement 
an experimental ``Hunter's Choice'' season in the future.
vi. Scaup
    Council Recommendations: The Atlantic Flyway recommended States be 
given the option of choosing a scaup season of sixty days with a one 
bird daily bag limit, or a restrictive 30-day (consecutive) season with 
a three bird daily bag limit.
    Service Response: Almost two years of assessment work on scaup has 
led us to conclude that while population size has continued to decline, 
harvest rates have continued to increase. Although harvest has not been 
implicated as a causal factor in this population decline, harvests now 
appear to be at or near maximum sustainable levels. Moreover, there is 
evidence that the long-term decline of the scaup population has been 
accompanied by declines in the sustainable levels of harvest. 
Therefore, we believe regulatory restrictions on scaup are warranted 
and propose: (1) That each flyway reduce the current bag limit for 
scaup by 1 bird; (2) That we continue assessment work with a goal of 
developing a framework for making more informed regulatory decisions 
for scaup harvest management; and finally, (3) That we ascertain if 
this bag-limit restriction results in a meaningful reduction in harvest 
rate, which is more consistent with scaup population levels and harvest 
potential than is currently the case.

3. Mergansers

    Council Recommendations: The Atlantic Flyway Council recommended 
that beginning with the 2005-06 hunting season, the Service offer the 
Atlantic Flyway States the option of including the merganser bag limit 
within the regular duck bag limit (the merganser limit would be the 
same as the regular duck bag limit). States would also have the option 
of selecting a separate merganser bag limit. The Council further 
recommended that the daily bag limit on hooded mergansers be increased 
from 1 to 2 birds.
    Service Response: We concur with the recommendation to allow 
mergansers to be included in the duck bag limit in the Atlantic Flyway. 
Regarding hooded mergansers, we understand that a variety of data 
sources suggest that hooded mergansers may be increasing. However, the 
recommendation from the Atlantic Flyway Council to increase the bag 
limit from one to two has implications beyond the Atlantic Flyway. 
Therefore, we will defer a decision until next year to allow the other 
Flyway Councils to consider the ramifications of this recommendation in 
their respective Flyways.

4. Canada Geese

B. Regular Seasons
    Council Recommendations: The Atlantic Flyway Council recommended 
that Atlantic Population (AP) Canada goose hunting regulations include 
a 45-day season, with a daily bag limit of 3 geese in the New England 
and Mid-Atlantic Regions with an opening framework date of the fourth 
Saturday in October and a closing date of January 31. In the Chesapeake 
Region (except Back Bay, VA), season length would be 45 days, with a 
daily bag limit of 2 geese. In Back Bay, VA, season length would be 15 
days at the end of the Virginia's AP season, with a daily bag limit of 
1 goose. The framework opening date in the Chesapeake Region would be 
November 15 and the closing date would be January 31. Remaining AP 
harvest areas (i.e., Northeast Hunt Unit in coastal NC) would remain 
closed. The Council also recommended modification of the Pymatuning 
Zone in Pennsylvania to include a portion of Crawford County. Further, 
the Council recommended that the framework for the SJBP Canada goose 
zone in Pennsylvania be 70 hunting days between the second Saturday in 
October and February 15 with a daily bag limit of no more than 2 for 
days used before January 15 and a daily bag of 5 for days used between 
January 15 and February 15. Lastly, the Council recommended 
modifications to Atlantic Flyway Resident Population (AFRP) regular-
season hunting zones in New York, Pennsylvania, Maryland, and North 
Carolina.
    The Upper- and Lower-Regulations Committees of the Mississippi 
Flyway Council recommended a number of changes in season length, season 
dates, bag limits, and quotas for Minnesota, Iowa, and Missouri in 
response to

[[Page 49073]]

changes in the status of the Eastern Prairie Population (EPP) Canada 
goose population and in Kentucky, Tennessee, Wisconsin, Michigan, and 
Illinois in response to changes in the status of the Mississippi Valley 
Population (MVP) Canada goose population.
    The Pacific Flyway Council recommended the following changes for 
geese in the Pacific Flyway:
    1. Increase the daily bag limit for Aleutian and cackling geese in 
California's Northeast zone and Balance of State zone from 1 per day to 
4 per day.
    2. Remove the Canada goose hunting closure in the Sacramento Valley 
of the Balance of State Zone in California.
    3. Decrease the cackling goose daily bag limit from 4 per day to 2 
per day in the Oregon and Washington special permit goose zones.
    4. In the Oregon special permit goose zone remove the restriction 
on Aleutian geese.
    5. Remove the goose hunting closure in Coos and Curry counties 
Oregon.
    Service Response: We concur with all of the Atlantic Flyway 
Council's recommendations. However, regarding the recommendation to 
establish a limited season in Back Bay, Virginia, we are proposing the 
addition of a 15-day season, 1-bird/per season, in North Carolina's 
Northeastern Hunt Unit. Both States will be required to conduct a 3-
year evaluation to determine the origin of the harvested birds. We will 
work with Virginia and North Carolina to develop an MOU specifying 
criteria regarding sample sizes and methods of assessment. These 
assessments will be conducted at the individual State level.
    We also concur with all of the recommendations forwarded by the 
Pacific Flyway Council with one exception, the request to increase 
small Canada goose bag limits from one to four in California. We are 
aware of the concerns regarding increasing depredation complaints 
stemming from increasing numbers of Aleutian Canada geese in 
California. We are also committed to achieving the population 
objectives for cackling geese and support the recommendations from the 
Pacific Flyway Council to achieve the targeted harvest reductions. The 
proposal to increase the small Canada goose bag limit in the 
Northeastern and Balance-of-State Zones in California does address the 
Aleutian depredation problem, but not the requested targeted harvest 
reductions for cackling geese. Therefore, since we believe only 
cackling geese occur in the Northeastern Zone, we do not support the 
proposed bag limit increase for this zone, as this change will not 
address the Aleutian goose depredation issue and will increase the 
harvest of cackling geese. However, in recognition of the depredation 
issue, and recognizing the very limited cackler harvest expected to 
result from the proposed bag limit increase in the Balance-of-State 
Zone, we support the increase in the bag limit from one to four small 
Canada geese in this zone.

5. White-Fronted Geese

    Council Recommendations: The Atlantic Flyway Council recommended 
that the Service include white-fronted geese as part of Canada goose 
hunting regulation frameworks in the Atlantic Flyway to allow the legal 
take of this species.
    The Upper- and Lower-Region Regulations Committees of the 
Mississippi Flyway Council recommended that the 2005-06 white-fronted 
goose regulations be consistent with the ``base'' regulations in the 
current White-fronted Goose Management Plan. This would result in 
regulations options of 72 days and 2 white-fronted geese per day or 86 
days and 1 white-fronted goose per day. Their recommendation is 
contingent upon the same regulations being implemented in the eastern 
portion of the Central Flyway.
    The Central Flyway Council recommended a season framework of 72 
days with a daily bag limit of 2 white-fronted geese, or an alternative 
season of 86 days with a bag limit of 1, in all East-tier States. 
States could split the season once and the possession limit would be 
twice the daily bag limit. In the West Tier States, the Council 
recommended a season framework of 107 days, except in Texas and 
Colorado where the season would be 95 days, with a daily bag limit of 5 
white-fronted geese except in the Western Goose Zone of Texas where the 
daily bag limit will be 1 white-fronted goose. States could split the 
season once and the possession limit would be twice the daily bag 
limit.
    Service Response: We support the recommendation of the Mississippi 
and Central Flyway Councils to return to the base regulations package 
for white-fronted geese this year as described in the original 
management plan.

6. Brant

    Council Recommendations: The Atlantic Flyway Council recommended a 
30-day season with a 2-bird daily bag limit for Atlantic brant in 2005.
    The Pacific Flyway Council recommends decreasing the brant season 
length in Washington from 16 days to 8 days and decreasing the brant 
season in California from 30 consecutive to 15 days. Both States may 
create two zones. Seasons in Oregon and California must end by December 
15.
    Service Response: We concur.

7. Snow and Ross's (Light) Geese

    Council Recommendations: The Pacific Flyway Council recommended 
increasing the light goose limit throughout the Flyway from 3 per day 
to 4 per day.
    Service Response: We concur.

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 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 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

[[Page 49074]]

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), and our Record of Decision on August 18, 1988 (53 
FR 31341). In addition, 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 EIS for the migratory bird hunting 
program. We plan to begin the public scoping process this year.

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 this and 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. Lastly, OMB has 
approved the information collection requirements of the Alaska 
Migratory Bird 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 (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

[[Page 49075]]

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: August 11, 2005.
Julie MacDonald,
Acting Assistant Secretary for Fish and Wildlife and Parks.

Proposed Regulations Frameworks for 2005-06 Late Hunting Seasons on 
Certain Migratory Game Birds

    Pursuant to the Migratory Bird Treaty Act and delegated 
authorities, the Department has approved frameworks for season lengths, 
shooting hours, bag and possession limits, and outside dates within 
which States may select seasons for hunting waterfowl and coots between 
the dates of 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:

    High Plains Mallard Management Unit--roughly defined as that 
portion of the Central Flyway that lies west of the 100th meridian.
    Definitions: For the purpose of hunting regulations listed below, 
the collective terms (dark'' and (light'' geese include the following 
species: Dark geese: Canada geese, white-fronted geese, brant, and all 
other goose species except light geese. Light geese: snow (including 
blue) geese and Ross' geese.
    Area, Zone, and Unit Descriptions: Geographic descriptions related 
to late-season regulations are contained in a later portion of this 
document.
    Area-Specific Provisions: Frameworks for open seasons, season 
lengths, bag and possession limits, and other special provisions are 
listed below by Flyway.
    Compensatory Days 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).

Atlantic Flyway

Ducks, Mergansers, and Coots

    Outside Dates: Between the Saturday nearest September 24 (September 
24) and the last Sunday in January (January 29).
    Hunting Seasons and Duck Limits: 60 days, except canvasbacks which 
may not exceed 30 days, and season splits must conform to each State(s 
zone/split configuration for duck hunting. The daily bag limit is 6 
ducks, including no more than 4 mallards (2 hens), 2 scaup, 1 black 
duck, 1 pintail, 1 canvasback, 1 mottled duck, 1 fulvous whistling 
duck, 2 wood ducks, 2 redheads, and 4 scoters. A single canvasback may 
also be included in the 6-bird daily bag limit for designated youth-
hunt days.
    Closures: The season on harlequin ducks is closed.
    Sea Ducks: 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.
    Merganser Limits: The daily bag limit of mergansers is 5, only 1 of 
which may be a hooded merganser. In States that include mergansers in 
the duck bag limit, the daily limit is the same as the duck bag limit, 
only one of which may be a hooded merganser.
    Coot Limits: The daily bag limit is 15 coots.
    Lake Champlain Zone, New York: The waterfowl seasons, limits, and 
shooting hours shall be the same as those

[[Page 49076]]

selected for the Lake Champlain Zone of Vermont.
    Connecticut River Zone, Vermont: The waterfowl seasons, limits, and 
shooting hours shall be the same as those selected for the Inland Zone 
of New Hampshire.
    Zoning and Split Seasons: Delaware, Florida, Georgia, Maryland, 
North Carolina, Rhode Island, South Carolina, and Virginia may split 
their seasons into three segments; Connecticut, Maine, Massachusetts, 
New Hampshire, New Jersey, New York, Pennsylvania, Vermont, and West 
Virginia may select hunting seasons by zones and may split their 
seasons into two segments in each zone.

Canada Geese

    Season Lengths, Outside Dates, and Limits: Specific regulations for 
Canada geese are shown below by State. These seasons also include 
white-fronted geese. Unless specified otherwise, seasons may be split 
into two segments. In areas within States where the framework closing 
date for Atlantic Population (AP) goose seasons overlaps with special 
late-season frameworks for resident geese, the framework closing date 
for AP goose seasons is January 14.

    Connecticut: North Atlantic Population (NAP) Zone: Between October 
1 and January 31, a 60-day season may be held with a 2-bird daily bag 
limit in the H Unit and a 70-day season with a 3-bird daily bag in the 
L Unit.
    Atlantic Population (AP) Zone: A 45-day season may be held between 
the fourth Saturday in October (October 22) and January 31, with a 3-
bird daily bag limit.
    South Zone: A special experimental season may be held between 
January 15 and February 15, with a 5-bird daily bag limit.
    Delaware: A 45-day season may be held between November 15 and 
January 31, with a 2-bird daily bag limit.
    Florida: A 70-day season may be held between November 15 and 
February 15, with a 5-bird daily bag limit.
    Georgia: In specific areas, a 70-day season may be held between 
November 15 and February 15, with a 5-bird daily bag limit.
    Maine: A 60-day season may be held Statewide between October 1 and 
January 31, with a 2-bird daily bag limit.

    Maryland: Resident Population (RP) Zone: A 70-day season may be 
held between November 15 and February 15, with a 5-bird daily bag 
limit.
    AP Zone: A 45-day season may be held between November 15 and 
January 31, with a 2-bird daily bag limit.

    Massachusetts: NAP Zone: A 60-day season may be held between 
October 1 and January 31, with a 2-bird daily bag limit. Additionally, 
a special season may be held from January 15 to February 15, with a 5-
bird daily bag limit.
    AP Zone: A 45-day season may be held between the fourth Saturday in 
October (October 22) and January 31, with a 3-bird daily bag limit.
    New Hampshire: A 60-day season may be held statewide between 
October 1 and January 31, with a 2-bird daily bag limit.

    New Jersey: Statewide: A 45-day season may be held between the 
fourth Saturday in October (October 22) and January 31, with a 3-bird 
daily bag limit.
    Special Late Goose Season Area: An experimental season may be held 
in designated areas of North and South New Jersey from January 15 to 
February 15, with a 5-bird daily bag limit.
    New York: NAP Zone: Between October 1 and January 31, a 60-day 
season may be held, with a 2-bird daily bag limit in the High Harvest 
areas; and a 70-day season may be held, with a 3-bird daily bag limit 
in the Low Harvest areas.
    Special Late Goose Season Area: An experimental season may be held 
between January 15 and February 15, with a 5-bird daily bag limit in 
designated areas of Chemung, Delaware, Tioga, Broome, Sullivan, 
Westchester, Nassau, Suffolk, Orange, Dutchess, Putnam, and Rockland 
Counties.
    AP Zone: A 45-day season may be held between the fourth Saturday in 
October (October 22) and January 31, with a 3-bird daily bag limit.
    RP Zone: A 70-day season may be held between the last Saturday in 
October (October 29) and February 15, with a 5-bird daily bag limit.

    North Carolina: SJBP Zone: A 70-day season may be held between 
October 1 and December 31, with a 2-bird daily bag limit, except for 
the Northeast Hunt Unit and Northampton County, which is closed.
    RP Zone: A 70-day season may be held between October 1 and February 
15, with a 5-bird daily bag limit.
    Northeast Hunt Unit: A 15-day experimental season may be held 
concurrent with the season selected for the Back Bay Area of Virginia. 
The seasonal bag limit is 1 bird.

    Pennsylvania: SJBP Zone: A 70-day season may be held between the 
second Saturday in October (October 8) and February 15, with a 2-bird 
daily bag limit until January 14 and a 5-bird daily bag limit between 
January 15 and February 15.
    Pymatuning Zone: A 35-day season may be held between October 1 and 
January 31, with a 1-bird daily bag limit.
    RP Zone: A 70-day season may be held between November 15 and 
February 15, with a 5-bird daily bag limit.
    AP Zone: A 45-day season may be held between the fourth Saturday in 
October (October 22) and January 31, with a 3-bird daily bag limit.
    Special Late Goose Season Area: An experimental season may be held 
from January 15 to February 15, with a 5-bird daily bag limit.
    Rhode Island: A 60-day season may be held between October 1 and 
January 31, with a 2-bird daily bag limit. An experimental season may 
be held in designated areas from January 15 to February 15, with a 5-
bird daily bag limit.
    South Carolina: In designated areas, a 70-day season may be held 
during November 15 to February 15, with a 5-bird daily bag limit.
    Vermont: A 45-day season may be held between the fourth Saturday in 
October (October 22) and January 31, with a 3-bird daily bag limit.

    Virginia: SJBP Zone: A 40-day season may be held between November 
15 and January 14, with a 2-bird daily bag limit. Additionally, an 
experimental season may be held between January 15 and February 15, 
with a 5-bird daily bag limit.
    AP Zone: A 45-day season may be held between November 15 and 
January 31, with a 2-bird daily bag limit.
    RP Zone: A 70-day season may be held between November 15 and 
February 15, with a 5-bird daily bag limit.
    Back Bay Area: A 15-day experimental season may be held during the 
last 15 days of the AP Zone season with a 1-bird daily bag limit.
    West Virginia: A 70-day season may be held between October 1 and 
January 31, with a 3-bird daily bag limit.

Light Geese

    Season Lengths, Outside Dates, and Limits: States may sele