Migratory Bird Hunting; Final Frameworks for Late-Season Migratory Bird Hunting Regulations, 55666-55689 [05-18970]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 70, Number 183 (Thursday, September 22, 2005)]
[Rules and Regulations]
[Pages 55666-55689]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18970]



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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 20



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

Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / 
Rules and Regulations

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AT76


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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service (Service or we) prescribes final 
late-season frameworks from which States may select season dates, 
limits, and other options for the 2005-06 migratory bird hunting 
seasons. These late seasons include most waterfowl seasons, the 
earliest of which commences on September 24, 2005. The effect of this 
final rule is to facilitate the States' selection of hunting seasons 
and to further the annual establishment of the late-season migratory 
bird hunting regulations.

DATES: This rule takes effect on September 22, 2005.

ADDRESSES: States should send their season selections to: 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. You may inspect comments during normal business 
hours at our 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.
    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.
    On August 1, 2005, we published in the Federal Register (70 FR 
44200) a document dealing with the proposed frameworks for early-season 
regulations. In the August 30, 2004, Federal Register (70 FR 51522), we 
published final frameworks for early migratory bird hunting seasons 
from which wildlife conservation agency officials from the States, 
Puerto Rico, and the Virgin Islands selected 2005-06 early-season 
hunting dates, hours, areas, and limits. On August 31, 2005, we 
published a final rule in the Federal Register (70 FR 51946) amending 
subpart K of title 50 CFR part 20 to set hunting seasons, hours, areas, 
and limits for early seasons.
    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. On August 22, 2005, we published in the Federal Register (70 
FR 49068) the proposed frameworks for the 2005-06 late-season migratory 
bird hunting regulations. This document establishes final frameworks 
for late-season migratory bird hunting regulations for the 2005-06 
season. We will publish State selections in the Federal Register as 
amendments to Sec. Sec.  20.101 through 20.107, and 20.109 of title 50 
CFR part 20.

Population Status and Harvest

    A brief summary of information on the status and harvest of 
waterfowl excerpted from various reports was included in the August 22 
supplemental proposed rule. For more detailed information on 
methodologies and results, complete copies of the various reports are 
available at the address indicated under ADDRESSES or from our Web site 
at https://migratorybirds.fws.gov.

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, 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. 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 direct 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.

General

    Council Recommendations: The Atlantic Flyway Council recommended 
increasing the waterfowl possession limit 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.

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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 Adaptive 
Harvest Management (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 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 and that the regulatory choice for the Atlantic Flyway should 
continue 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 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 grandfathered status be 
allowed to retain that status.
    The Central Flyway Council recommended allowing three zones, with 
three-segment splits in each zone, and four zones with no splits, as 
additional options for in 2006-2010.
    Written Comments: The Wisconsin Department of Natural Resources, 
the Wisconsin Natural Resources Board, the Missouri Department of 
Conservation, and the Illinois Department of Natural Resources 
expressed support for the Upper-Region Regulations Committee of the 
Mississippi Flyway Council's recommendation 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, Missouri questioned allowing some States the ability 
to ``grandfather'' zone and split season arrangements and requested 
that we establish criteria that are consistently applied to all States.
    The Colorado Wildlife Commission recommended allowing three zones, 
with three-segment splits in each zone as an additional option for duck 
season configurations in 2006-2010. The Colorado Division of Wildlife 
recommended allowing three zones, with two-segment splits in each zone 
as an additional option for duck season configurations in 2006-2010.
    Congressman Ron Kind, the Wisconsin Wildlife Federation, the 
LaCrosse County Conservation Alliance, and the Wisconsin Waterfowl 
Association supported the Wisconsin Department of Natural Resources' 
request 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.
    An individual from Ohio proposed the addition of a third zone in 
Ohio, while an individual from Wisconsin requested that we allow three 
zones, with two-way splits in each zone.
    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.
    In response to recommendations from the Flyway Councils, we 
considered changes to the current zone/split guidelines. We believe 
that the current guidelines 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, the following guidelines will be 
used to guide zone/split selection for next year's and future open 
seasons:

Guidelines for Duck Zones and Split Seasons

    The following zone/split-season guidelines apply only for the 
regular duck season:
    a. 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.
    b. Consideration of changes for management-unit boundaries is not 
subject to the guidelines and provisions

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governing the use of zones and split seasons for ducks.
    c. 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.
    d. 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 (2-segment) 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 changes its zoning arrangement, it cannot go back 
to the grandfathered arrangement it previously had in place. 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.
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 3-year 
experimental period (2005/06-2007/08).
    Written Comments: The New York Division of Fish, Wildlife and 
Marine Resources (NYDFW) expressed concern that we did not support the 
Atlantic Flyway's proposal to increase the wood duck bag limit. They 
cited Breeding Bird Survey data showing a significant increase in wood 
duck numbers over the past 20 years and one of the most abundant 
breeding duck species in the Flyway. Further, they believed this change 
in bag limits would not jeopardize any wood duck populations and would 
allow for an informed assessment during a 3-year experimental period.
    Service Response: We do not support the Atlantic Flyway Council's 
proposal to increase the bag limit for wood ducks. We note that 
breeding bird survey estimates for the past 10 years exhibit no 
significant trend, suggesting the population may be stable and using 
population data over the past 20 years does not accurately reflect 
recent trends during which season lengths have increased significantly. 
In addition, preliminary harvest-rate estimates from the cooperative 
band-reporting-rate 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 will continue our 
cooperative assessments of available wood duck population data with 
both the Mississippi and Atlantic Flyways, and expect a full assessment 
to take several years.
iii. Black Ducks
    Council Recommendations: The Atlantic Flyway Council recommended 
that we 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.
    Written Comments: The Atlantic Flyway Council was disappointed that 
we rejected their recommendation to explore a two bird bag-limit option 
in exchange for a reduction in season length within a portion of the 
Flyway. They cited our lack of flexibility and resiliency to work 
collaboratively with the Flyway Councils on new or emerging constructs 
for sub-regional duck harvest management.
    The NYDFW was also concerned that we did not support the Flyway's 
proposal. They cited population survey data in much of eastern Canada 
showing that black ducks have been stable or increasing over the past 
15 years and that the Breeding Bird Survey (BBS) data for the Atlantic 
Flyway shows a significant positive trend for the past 10 years. They 
urged us to work collaboratively with the States to make responsible 
changes in black duck regulations in 2006 and to be receptive to the 
possibility of differential regulations within the flyway as a more 
effective way to achieve flyway management objectives.
    Service Response: During this past year, we have continued dialogue 
with the Atlantic and Mississippi Flyway Councils regarding assessments 
of the harvest potential of black ducks. We are particularly concerned 
about 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 are now at or near 
maximum sustainable harvest levels. 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 these concerns 
resulting from the assessment work conducted to date, we do not support 
the Atlantic Flyway Council's proposal. Further, breeding surveys in 
eastern Canada are currently being expanded to reflect range-wide 
changes in breeding numbers and can be used to more reliably monitor 
population trends in the future. The Atlantic Flyway Breeding Plot 
Survey shows a significant decline in breeding pairs over the history 
of the survey (1993-2005) and do not support the BBS data which is less 
targeted toward waterfowl.
    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. This policy is predicated on the 
fact that our monitoring and assessment capacity is primarily designed 
to monitor harvest and population status at the Flyway scale. In many 
cases, our monitoring programs do not have the necessary precision to 
evaluate the management of duck stocks at smaller spatial scales. Also, 
our recent assessments using the latest banding data shows considerable 
overlap in harvest derivations and high harvest rates of regional 
breeding stocks to the northern and southern portions of the Atlantic 
Flyway. Therefore, these data do not lend support for regional sub-
divisions. 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

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conservation, harvest opportunity, or hunter satisfaction. We will 
continue to work collaboratively with Flyway Councils to develop the 
assessment tools needed to inform harvest management decisions.
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 
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, Alaska would have a 1-
bird daily bag limit for the entire regular duck season in all years 
unless we determine 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 U.S. harvest 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 a spring 2006 population of 
about 531,000, and is supported. Thus, we will establish 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 daily bag limit 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 Council recommendations for 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 60 days with a one-bird 
daily bag limit, or a restrictive 30-day (consecutive) season with a 
three-bird daily bag limit.
    Written Comments: Delta Waterfowl Foundation urged delay of the 
Service's proposed daily bag limit reduction in order to achieve a 
better science-based foundation for management decisions on scaup 
populations, an assessment of potential scaup management options on 
waterfowl hunter clients and the future of waterfowl hunting, and a 
more collaborative process for management decisions pertaining to scaup 
populations.
    Service Response: In 1998, we first publicly stated our concern 
about the declining trend in the scaup population, and stated that 
substantial reductions in harvest opportunity might soon be necessary. 
We also stated our intent to work with the Flyway Councils to 
cooperatively develop regulatory guidelines for scaup.
    In 1999, we reiterated our concerns, heightened by an increasing 
trend in harvest. We also completed an in-depth review of the status of 
lesser and greater scaup in North America and provided that report to 
the Flyway Councils for their review and consideration. Following that 
report, we drafted a preliminary strategy to help guide the development 
of hunting regulations for scaup and asked the Flyway Councils to 
provide feedback. No consensus was reached among the Flyway Councils on 
a strategy for regulating scaup harvest. In light of this continuing 
decline, we reduced the daily bag limit by three birds in all Flyways 
in an effort to reduce harvest until such time as a more comprehensive 
strategy can be developed.
    During 2000-2003, we continued to state our concern about the 
decline of the continental scaup population and that little progress 
was being made toward an acceptable harvest strategy. The lack of 
progress was in part due to other priorities that dominated the agendas 
of both the Service and the Flyway Councils, but probably also in part 
due to the widespread belief that harvest had played little, if any, 
role in the population decline. In 2004, we issued an in-depth report 
concerning the population dynamics of scaup. The report suggested that 
scaup harvests had not declined with the bag-limit restrictions imposed 
in 1999, that the breeding population was continuing to decline, and 
that harvest rates had increased dramatically. We decided to take no 
regulatory action in 2004 in order to provide the Flyway Councils 
adequate time to review these findings.
    A second assessment report provided to the Flyway Councils this 
summer strengthened our confidence in these conclusions. Although 
harvest has not been demonstrated to be a causal factor in the 
population decline, harvests now appear to be at or near maximum 
sustainable levels. Perhaps more importantly, there is increasing 
evidence that the long-term decline of the scaup population has been 
accompanied by declines in the sustainable levels of harvest. Based on 
assessments of available data to date, we believe that additional 
regulatory restrictions on scaup at this time are warranted. We also 
believe that the Flyway Councils and the public have had sufficient 
opportunity to review scientific findings and collaborate in all 
aspects of the regulatory process over

[[Page 55670]]

the last five years. Therefore, we will: (1) Reduce the daily bag limit 
for scaup by 1 bird in each Flyway; (2) continue assessment work with a 
goal of developing a framework for making more informed regulatory 
decisions for scaup harvest management; and finally; and (3) ascertain 
if this bag-limit restriction results in a meaningful reduction in 
harvest rate to a level that is more consistent with scaup population 
levels and harvest potential than is currently the case. Our most 
recent (February 2004 and July 2005) assessment reports on scaup are 
available at https://migratorybirds.fws.gov/mgmt/ahm/special-topics.htm. 
We continue to invite critical technical review of this assessment 
work.
    Lastly, we appreciate the Atlantic Flyway Council's recommendation 
calling for further restrictions on scaup harvest. However, we do not 
support their request for an optional bag limit in exchange for a 
shorter season length due to our inability to assess the effects on 
harvest.

3. Mergansers

    Council Recommendations: The Atlantic Flyway Council recommended 
that we offer 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 one to two 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 Council to increase the bag limit 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 three 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 two 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 one 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 two for days used before January 15 and 
a daily bag limit of five 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 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 one per day to four 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 four per day to two per day in the Oregon and Washington special 
permit goose zones; (4) remove the restriction on Aleutian geese in the 
Oregon special permit goose zone; and (5) remove the goose hunting 
closure in Coos and Curry counties Oregon.
    Written Comments: The NYDFW stated that the framework opening date 
for Canada goose hunting in New York's RP Zone should be corrected to 
the fourth Saturday in October.
    Service Response: We concur with all of the Atlantic Flyway 
Council's recommendations and New York's framework correction. However, 
regarding the recommendation to establish a limited season in Back Bay, 
Virginia, we are establishing the addition of a 15-day season, one 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 the Mississippi Flyway Council's 
recommendations.
    Further, we 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

[[Page 55671]]

current White-fronted Goose Management Plan. This would result in 
regulations options of 72 days and two white-fronted geese per day or 
86 days and one 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 two white-fronted geese, or an 
alternative season of 86 days with a bag limit of one, in all East-tier 
States. 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 five white-fronted geese 
except in the Western Goose Zone of Texas where the daily bag limit 
will be one white-fronted goose. In both cases, States could split the 
season once.
    Service Response: We concur with the recommendations 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. We also support the Atlantic Flyway 
Council's recommendation to include white-fronted geese as part of the 
Canada goose hunting regulation frameworks in the Atlantic Flyway.

6. Brant

    Council Recommendations: The Atlantic Flyway Council recommended a 
30-day season with a two-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 days to 15 days. Both States may create 
two zones. Seasons in Oregon and California must end by December 15.
    Written Comments: An individual from Massachusetts recommended 
allowing a 50- or 51-day season with a one-bird daily bag limit.
    Service Response: We concur with the Atlantic and Pacific Flyway 
Councils' recommendations.

7. Snow and Ross's (Light) Geese

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

National Environmental Policy Act (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. Our notice beginning the public scoping process was published 
in the September 8, 2005, Federal Register (70 FR 53376).

Endangered Species Act Consideration

    Section 7 of the Endangered Species Act, as amended (16 U.S.C. 
1531-1543; 87 Stat. 884), provides that, ``The Secretary shall review 
other programs administered by him and utilize such programs in 
furtherance of the purposes of this Act'' (and) shall ``insure that any 
action authorized, funded, or carried out * * * is not likely to 
jeopardize the continued existence of any endangered species or 
threatened species or result in the destruction or adverse modification 
of [critical] habitat * * *.'' Consequently, we conducted formal 
consultations to ensure that actions resulting from these regulations 
would not likely jeopardize the continued existence of endangered or 
threatened species or result in the destruction or adverse modification 
of their critical habitat. Findings from these consultations are 
included in a biological opinion, which concluded that the regulations 
are not likely to adversely affect any endangered or threatened 
species. Additionally, these findings may have caused modification of 
some regulatory measures previously proposed, and the final frameworks 
reflect any such modifications. Our biological opinions resulting from 
this Section 7 consultation are public documents available for public 
inspection at the address indicated under ADDRESSES.

Executive Order 12866

    The 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 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.

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

[[Page 55672]]

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

Takings Implication Assessment

    In accordance with Executive Order 12630, this rule, authorized by 
the Migratory Bird Treaty Act, does not have significant takings 
implications and does not affect any constitutionally protected 
property rights. This rule will not result in the physical occupancy of 
property, the physical invasion of property, or the regulatory taking 
of any property. In fact, it 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 rule is a 
significant regulatory action under Executive Order 12866, it is not 
expected to adversely affect energy supplies, distribution, or use. 
Thus, this rule is not a significant energy action and no Statement of 
Energy Effects is required.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we 
have evaluated possible effects on Federally recognized Indian tribes 
and have determined that there are no effects.

Federalism Effects

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

Regulations Promulgation

    The rulemaking process for migratory game bird hunting must, by its 
nature, operate under severe time constraints. However, we intend that 
the public be given the greatest possible opportunity to comment. Thus, 
when the preliminary proposed rulemaking was published, we established 
what we believed were the longest periods possible for public comment. 
In doing this, we recognized that when the comment period closed, time 
would be of the essence. That is, if there were a delay in the 
effective date of these regulations after this final rulemaking, States 
would have insufficient time to select season dates and limits; to 
communicate those selections to us; and to establish and publicize the 
necessary regulations and procedures to implement their decisions. We 
therefore find that ``good cause'' exists, within the terms of 5 U.S.C. 
553(d)(3) of the Administrative Procedure Act, and these frameworks 
will, therefore, take effect immediately upon publication.
    Therefore, under authority of the Migratory Bird Treaty Act (July 
3, 1918), as amended (16 U.S.C. 703-711), we prescribe final frameworks 
setting forth the species to be hunted, the daily bag and possession 
limits, the shooting hours, the season lengths, the earliest opening 
and latest closing season dates, and hunting areas, from which State 
conservation agency officials will select hunting season dates and 
other options. Upon receipt of selections from these officials, we will 
publish in the Federal Register a final rulemaking amending 50 CFR part 
20 to reflect seasons, limits, and shooting hours for the conterminous 
United States for the 2005-06 hunting season.

List of Subjects in 50 CFR Part 20

    Exports, Hunting, Imports, Reporting and recordkeeping 
requirements, Transportation, Wildlife.

    The rules that eventually will be promulgated for the 2005-06 
hunting season are authorized under 16 U.S.C. 703-712 and 16 U.S.C. 
742a-j.

    Dated: September 14, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.

Final 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 the following 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,

[[Page 55673]]

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 for the season for 
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 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 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

[[Page 55674]]

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 fourth Saturday in 
October (October 22) 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.
    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 select a 107-
day season between October 1 and March 10, with a 15-bird daily bag 
limit and no possession limit. States may split their seasons into 
three segments, except in Delaware and Maryland, where, following the 
completion of their duck season, and until March 10, Delaware and 
Maryland may split the remaining portion of the season to allow hunting 
on Mondays, Wednesdays, Fridays, and Saturdays only.

Brant

    Season Lengths, Outside Dates, and Limits: States may select a 30-
day season between the Saturday nearest September 24 (September 24) and 
January 31, with a 2-bird daily bag limit. States may split their 
seasons into two segments.

Mississippi 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 that the season 
for canvasbacks 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 (no more than 2 
of which may be females), 3 mottled ducks, 2 scaup, 1 black duck, 1 
pintail, 1 canvasback, 2 wood ducks, and 2 redheads. A single 
canvasback may also be included in the 6-bird daily bag limit for 
designated youth-hunt days.
    Merganser Limits: The daily bag limit 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.
    Zoning and Split Seasons: Alabama, Illinois, Indiana, Iowa, 
Kentucky, Louisiana, Michigan, Missouri, Ohio, Tennessee, and Wisconsin 
may select hunting seasons by zones.
    In Alabama, Indiana, Iowa, Kentucky, Louisiana, Michigan, Ohio, 
Tennessee, and Wisconsin, the season may be split into two segments in 
each zone.
    In Arkansas, Minnesota, and Mississippi, the season may be split 
into three segments.

Geese

    Split Seasons: Seasons for geese may be split into three segments. 
Three-way split seasons for Canada geese require Mississippi Flyway 
Council and U.S. Fish and Wildlife Service approval and a 3-year 
evaluation by each participating State.
    Season Lengths, Outside Dates, and Limits: States may select 
seasons for light geese not to exceed 107 days, with 20 geese daily 
between the Saturday nearest September 24 (September 24) and March 10; 
for white-fronted geese not to exceed 72 days, with 2 geese daily or 86 
days with 1 goose daily between the Saturday nearest September 24 
(September 24) and the Sunday nearest February 15 (February 12); and 
for brant not to exceed 70 days, with 2 brant daily or 107 days with 1 
brant daily between the Saturday nearest September 24 (September 24) 
and January 31. There is no possession limit for light geese. Specific 
regulations for Canada geese and exceptions to the above general 
provisions are shown below by State. Except as noted below, the outside 
dates for Canada geese are the Saturday nearest September 24 (September 
24) and January 31.

[[Page 55675]]

Alabama
    In the SJBP Goose Zone, the season for Canada geese may not exceed 
50 days. Elsewhere, the season for Canada geese may extend for 70 days 
in the respective duck-hunting zones. The daily bag limit is 2 Canada 
geese.
Arkansas
    In the Northwest Zone, the season for Canada geese may extend for 
33 days, provided that one segment of at least 9 days occurs prior to 
October 15. In the remainder of the State, the season may not exceed 23 
days. The season may extend to February 15, and may be split into 2 
segments. The daily bag limit is 2 Canada geese.
Illinois
    The total harvest of Canada geese in the State will be limited to 
80,600 birds. The daily bag l