Migratory Bird Hunting; Proposed Frameworks for Early-Season Migratory Bird Hunting Regulations; Notice of Meetings, 43008-43025 [06-6542]

Download as PDF 43008 Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / Proposed Rules DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 20 RIN 1018–AU42 Migratory Bird Hunting; Proposed Frameworks for Early-Season Migratory Bird Hunting Regulations; Notice of Meetings Fish and Wildlife Service, Interior. ACTION: Proposed rule; supplemental. AGENCY: SUMMARY: The U.S. Fish and Wildlife Service (hereinafter Service or we) is proposing to establish the 2006–07 early-season hunting regulations for certain migratory game birds. We annually prescribe frameworks, or outer limits, for dates and times when hunting may occur and the maximum number of birds that may be taken and possessed in early seasons. Early seasons may open as early as September 1, and include seasons in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands. These frameworks are necessary to allow State selections of specific final seasons and limits and to allow recreational harvest at levels compatible with population status and habitat conditions. The Service Migratory Bird Regulations Committee will meet to consider and develop proposed regulations for late-season migratory bird hunting and the 2007 spring/ summer migratory bird subsistence seasons in Alaska on July 26 and 27, 2006. All meetings will commence at approximately 8:30 a.m. You must submit comments on the proposed migratory bird hunting-season frameworks for Alaska, Hawaii, Puerto Rico, the Virgin Islands, and other early seasons by August 7, 2006, and for the forthcoming proposed late-season frameworks by August 30, 2006. ADDRESSES: The Service Migratory Bird Regulations Committee will meet in room 200 of the U.S. Fish and Wildlife Service’s Arlington Square Building, 4401 N. Fairfax Drive, Arlington, Virginia. Send your comments on the proposals to the Chief, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, Department of the Interior, MS MBSP–4107–ARLSQ, 1849 C Street, NW., Washington, DC 20240. All comments received, including names and addresses, will become part of the public record. You may inspect comments during normal business hours at the Service(s office in room sroberts on PROD1PC70 with PROPOSALS DATES: VerDate Aug<31>2005 18:53 Jul 27, 2006 Jkt 208001 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 2006 On April 11, 2006, we published in the Federal Register (71 FR 18562) 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, proposed regulatory alternatives for the 2006–07 duck hunting season, and other regulations for hunting migratory game birds under §§ 20.101 through 20.107, 20.109, and 20.110 of subpart K. Major steps in the 2006–07 regulatory cycle relating to open public meetings and Federal Register notifications were also identified in the April 11 proposed rule. Further, we explained that all sections of subsequent documents outlining hunting frameworks and guidelines were organized under numbered headings. As an aid to the reader, we reiterate those headings here: 1. Ducks A. General Harvest Strategy B. Regulatory Alternatives C. Zones and Split Seasons D. Special Seasons/Species Management i. September Teal Seasons ii. September Teal/Wood Duck Seasons iii. Black ducks iv. Canvasbacks v. Pintails vi. Scaup vii. Youth Hunt viii. Mottled ducks 2. Sea Ducks 3. Mergansers 4. Canada Geese A. Special Seasons B. Regular Seasons C. Special Late Seasons 5. White-fronted Geese 6. Brant 7. Snow and Ross’s (Light) Geese 8. Swans 9. Sandhill Cranes 10. Coots 11. Moorhens and Gallinules 12. Rails 13. Snipe 14. Woodcock 15. Band-tailed Pigeons 16. Mourning Doves 17. White-winged and White-tipped Doves 18. Alaska 19. Hawaii 20. Puerto Rico 21. Virgin Islands 22. Falconry 23. Other Subsequent documents will refer only to numbered items requiring attention. PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 Therefore, it is important to note that we will omit those items requiring no attention, and remaining numbered items will be discontinuous and appear incomplete. On May 30, 2006, we published in the Federal Register (71 FR 30786) a second document providing supplemental proposals for early- and late-season migratory bird hunting regulations and the regulatory alternatives for the 2006– 07 duck hunting season. The May 30 supplement also provided detailed information on the 2006–07 regulatory schedule and announced the Service Migratory Bird Regulations Committee (SRC) and Flyway Council meetings. This document, the third in a series of proposed, supplemental, and final rulemaking documents for migratory bird hunting regulations, deals specifically with proposed frameworks for early-season regulations. It will lead to final frameworks from which States may select season dates, shooting hours, and daily bag and possession limits for the 2006–07 season. We have considered all pertinent comments received through June 30, 2006, on the April 11 and May 30, 2006, rulemaking documents in developing this document. In addition, new proposals for certain early-season regulations are provided for public comment. Comment periods are specified above under DATES. We will publish final regulatory frameworks for early seasons in the Federal Register on or about August 20, 2006. Service Migratory Bird Regulations Committee Meetings Participants at the June 21–22, 2006, meetings reviewed information on the current status of migratory shore and upland game birds and developed 2006– 07 migratory game bird regulations recommendations for these species plus regulations for migratory game birds in Alaska, Puerto Rico, and the U.S. Virgin Islands; special September waterfowl seasons in designated States; special sea duck seasons in the Atlantic Flyway; and extended falconry seasons. In addition, we reviewed and discussed preliminary information on the status of waterfowl. Participants at the previously announced July 26–27, 2006, meetings will review information on the current status of waterfowl and develop recommendations for the 2006–07 regulations pertaining to regular waterfowl seasons and other species and seasons not previously discussed at the early-season meetings. In accordance with Department of the Interior policy, these meetings are open to public observation and you may submit E:\FR\FM\28JYP3.SGM 28JYP3 Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / Proposed Rules comments to the Director on the matters discussed. sroberts on PROD1PC70 with PROPOSALS Population Status and Harvest The following paragraphs provide preliminary information on the status of waterfowl and information on the status and harvest of migratory shore and upland game birds. May Breeding Waterfowl and Habitat Survey Despite a very warm winter, the quality of habitat for breeding waterfowl in the U.S. and Canada is slightly better this year than last year. Improvements in Canadian and U.S. prairie habitats were primarily due to average to aboveaverage precipitation, warm spring temperatures, and carry-over effects from the good summer conditions of 2005. Improved habitat conditions were reflected in the higher number of ponds counted in Prairie Canada this year compared to last year. The 2006 estimate of ponds in Prairie Canada was 4.4 ± 0.2 million ponds, a 13 percent increase from last year’s estimate of 3.9 ± 0.2 million ponds and 32 percent above the 1955–2005 average. The parkland and northern grassland regions of southern Manitoba and Saskatchewan received abundant rain in March and April, which created good to excellent habitat conditions. Higher water tables prevented farm activities in wetland basins and excellent residual nesting cover remained around the potholes. Many of the wetlands flooded beyond their normal basins and into the surrounding uplands. Deeper water in permanent and semi-permanent wetlands, coupled with increased amounts of flooded emergent vegetation and woodland, likely benefited diving ducks and overwater- and cavity-nesting species. However, spring precipitation in the grasslands of southern Saskatchewan and southwestern Manitoba was insufficient to fill seasonal and semi-permanent wetlands or create temporary wetlands for waterfowl, leaving these regions in fair or poor condition. Above-average precipitation in the fall and spring in parts of southern Alberta improved conditions in this historically important pintail breeding region. This region has been dry since 1998, with the exception of 2003. However, central Alberta remained dry. Habitat conditions in the U.S. prairies were more variable than those in the Canadian prairies. The 2006 pond estimate for the north-central U.S. (1.6 ± 0.1 million) was similar to last year’s estimate and the long-term average. The total pond estimate (Prairie Canada and U.S. combined) was 6.1 ± 0.2 million VerDate Aug<31>2005 18:53 Jul 27, 2006 Jkt 208001 ponds. This was 13 percent greater than last year’s estimate of 5.4 ± 0.2 million and 26 percent higher than the longterm average of 4.8 ± 0.1 million ponds. Habitat quality improved minimally in the easternmost regions of North and South Dakota relative to 2005. Small areas of the Eastern Dakotas were in good-to-excellent condition, helped by warm April temperatures and spring rains that advanced vegetation growth by about two weeks. However, most of the Drift Prairie, the Missouri Coteau, and the Coteau Slope remained in fair to poor condition due to lack of temporary and seasonal water and the deteriorated condition of semipermanent basins. Permanent wetlands and dugouts were typically in various stages of recession. The Western Dakotas were generally in fair condition. Most wetland and upland habitats in Montana benefited modestly from average to above-average fall and winter precipitation and improvements in nesting habitat last year. Spring precipitation in Montana during March and April also helped to mitigate several years of drought. A large portion of central Montana was in good condition due to ample late winter and early spring precipitation. Biologists also noted improvements in upland vegetation over previous years. In this central region, most pond basins were full and stream systems were flowing. However, nesting habitat was largely fair to poor for most of the northern portion of Montana. Habitat conditions in most northern regions of Canada were improved over last year due to an early ice break-up, warm spring temperatures, and good precipitation levels. In northern Saskatchewan, northern Manitoba, and western Ontario, winter snowfall was sufficient to recharge most beaver ponds and small lakes. Larger lakes and rivers tended to have higher water levels than in recent years. Conditions in the smaller wetlands were ideal. However, in northern Manitoba and northern Saskatchewan, some lakes associated with major rivers were flooded, with some flooded well into the surrounding upland vegetation. The potential for habitat loss due to flooding caused biologists to classify this region as good. In Alberta, water levels improved to the north, except for the Athabasca Delta only, where wetlands, especially seasonal wetlands, generally had low water levels. Most of the Northwest Territories had good water levels. The exceptions were the southern part of the Territory where recent heavy rains in May have caused some flooding of nesting habitat, and a dry swath across PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 43009 the central part of the province. In contrast to most of the survey region and to the past few years, spring did not arrive early in Alaska this year. Overall, a more normal spring phenology occurred throughout most of Alaska and the Yukon Territory, with ice lingering in the following regions: The outer coast of the Yukon Delta, the northern Seward Peninsula, and on the Old Crow Flats. Some flooding occurred on a few major rivers. Overall, good waterfowl production is anticipated this year from the northwestern continental area if temperatures remain seasonable. Spring-like conditions also arrived early in the East, with an early ice break-up and relatively mild temperatures. Biologists reported that habitat conditions were generally good across most of the survey area. Most regions had a warm, dry winter and a dry start to spring. Extreme southern Ontario was relatively dry during the survey period and habitats were in fair to poor condition. However, precipitation after survey completion improved habitat conditions in this region. Abundant rain in May improved water levels in Maine, the Maritimes, southern Ontario, and Quebec, but caused some flooding in southern Ontario and Quebec and along the coast of Maine, New Brunswick, and Nova Scotia. In Quebec, a very early spring assured good habitat availability. Despite the early spring and the abundance of spring precipitation, a dry winter still left most of the marshes and rivers drier than in past years. Many bogs were noticeably drier than past years or dry entirely in a few cases. Winter precipitation increased to the west and north, resulting in generally good levels in central and northern Ontario. Conditions were good to excellent in central and northern Ontario due to the early spring phenology, generally good water levels, and warm spring temperatures. Status of Teal The estimate of blue-winged teal numbers from the Traditional Survey Area is 5.9 million. This represents a 28 percent increase from 2005 and is 30 percent above the 1955–2005 average. Sandhill Cranes The Mid-Continent Population of sandhill cranes has generally stabilized at comparatively high levels, following increases in the 1970s. The Central Platte River Valley, Nebraska, spring index for 2006, uncorrected for visibility bias, was 183,000 cranes. The photocorrected 3-year average for 2003–05 was 422,133, which is within the established population-objective range E:\FR\FM\28JYP3.SGM 28JYP3 43010 Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / Proposed Rules sroberts on PROD1PC70 with PROPOSALS of 349,000–472,000 cranes. All Central Flyway States, except Nebraska, allowed crane hunting in portions of their respective States during 2005–06. About 9,950 hunters participated in these seasons, which was 8 percent higher than the number that participated in the 2004–2005 season. Hunters harvested 18,575 cranes in the U.S. portion of the Central Flyway during the 2005–06 seasons, which was 28 percent higher than the estimated harvest for the previous year. The retrieved harvest of cranes in hunt areas for the Rocky Mountain Population of sandhill cranes in Arizona, New Mexico, Alaska, Canada, and Mexico combined was estimated at 13,587 during 2005–06. The preliminary estimate for the North American sport harvest, including crippling losses, was 36,674, which is 11 percent higher than the previous year’s estimate of 33,182. The long-term (1982–2004) trends indicate that harvests have been increasing at a higher rate than population growth. However, these population levels fall within the population objectives defined in the recently updated management plan for the Mid-Continent Population of sandhill cranes. The fall 2005 pre-migration survey estimate for the Rocky Mountain Population of greater sandhill cranes was 20,865, which was 13 percent higher than the previous year’s estimate of 18,510. The 3-year average for 2003– 05 is 19,633, which is within established population objectives of 17,000–21,000. Hunting seasons during 2005–06 in portions of Arizona, Idaho, Montana, New Mexico, Utah, and Wyoming, resulted in a harvest of 702 cranes, an 18 percent increase from the harvest of 594 the year before. Woodcock Singing-ground and Wing-collection Surveys were conducted to assess the population status of the American woodcock (Scolopax minor). The Singing-ground Survey is intended to measure long-term changes in woodcock population levels. Singing-ground Survey data for 2006 indicate that the number of displaying woodcock in the Eastern Region in 2006 was unchanged from 2005, while the Central Region experienced an 8 percent decline. However, we note that measurement of short-term (i.e., annual) trends tend to give estimates with larger variances and is more prone to be influenced by climatic factors that may affect local counts during the survey. There was no significant trend in woodcock heard in either the Eastern or Central Regions during 1996–2006. This represents the third consecutive year VerDate Aug<31>2005 18:53 Jul 27, 2006 Jkt 208001 since 1992 that the 10-year trend estimate for either region did not indicate a significant decline. There were long-term (1968–2006) declines of 1.9 percent per year in the Eastern Region and 1.8 percent per year in the Central Region. Wing-collection survey data indicate that the 2005 recruitment index for the U.S. portion of the Eastern Region (1.6 immatures per adult female) was 17 percent lower than the 2004 index, and 1 percent lower than the long-term average. The recruitment index for the U.S. portion of the Central Region (1.5 immatures per adult female) was 9 percent higher than the 2004 index, but was 9 percent below the longterm average. Band-tailed Pigeons and Doves Analyses of Breeding Bird Survey (BBS) data over the most recent 10 years and from 1968–2005 showed no significant long-term trend in either time period for the Pacific Coast population of band-tailed pigeons. A range-wide mineral-site survey conducted in British Columbia, Washington, Oregon, and California showed an increase in pigeons between 2001 and 2005 of over 10 percent per year. The preliminary 2005 harvest estimate from the Harvest Information Program (HIP) was 13,500. For the Interior band-tailed pigeon population, BBS analyses indicated no trend over either time period. The preliminary 2005 harvest estimate was 2,700. Analyses of Mourning Dove Callcount Survey data over the most recent 10 years indicated no significant trend for doves heard in either the Eastern or Western Management Units while the Central Unit showed a significant decline. Over the 41-year period of 1966–2006, all three units exhibited significant declines. In contrast, for doves seen over the 10-year period, a significant increase was found in the Eastern Unit while no trends were found in the Central and Western Units. Over 41 years, no trend was found for doves seen in the Eastern and Central Units while a significant decline was indicated for the Western Unit. The preliminary 2005 harvest estimate for the United States was 22,149,900 doves. We note that the Service and the States have been concerned about these declines for some time. While there is some evidence that the Call-count Survey was initiated when dove populations were at a peak, it is difficult to pinpoint exact causes of the declines since mourning doves are habitat generalists. In the Western Management Unit, the decline is generally considered the result of long-term habitat changes, however, hunting was restricted PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 beginning in 1987 to reduce the dove harvest to a level more commensurate with lower populations. In the Central and Eastern Management Units, the decline in doves heard is not as severe and it is likely that a combination of factors involving both reproduction and survival is responsible. Additionally, there are concerns that doves heard data is not as indicative of the population as is doves seen data, which indicates stable or increasing populations. To address these concerns, a banding project was initiated to obtain current information in order to develop mourning dove population models for each management unit to provide guidance for improving our decisionmaking process with respect to harvest management. The two key States with a whitewinged dove population are Arizona and Texas. California and New Mexico have much smaller populations. In Arizona, the white-winged dove population showed a significant decline between 1962 and 2005. However, the number of whitewings has been fairly stable since the 1970s, but then showed an apparent decline since 2000. To adjust harvest with population size, the bag limits, season length, and shooting hours have been reduced over the years, most recently in 1988. In recent years, the decline is thought to be largely due to drought conditions in the State, along with declining production of cereal grains. Arizona is currently experiencing the greatest drought in recorded history. In 2006, the Call-count index was 24.7. According to HIP surveys, the 2005 harvest estimate was 110,100. In Texas, white-winged doves are now found throughout most of the State. A comprehensive dataset for 2006 was not available at this time. However, in 2005, the whitewing population was estimated to be 2.8 million. The preliminary 2005 HIP harvest estimate was 1,095,100. In California, BBS data indicates that there has been a significant increase in the population between 1968 and 2005, while no trend was indicated over the most recent 10 years. According to HIP surveys, the preliminary harvest estimate for 2005 was 63,600. The longterm trend for whitewings in New Mexico also shows an increase while there was no trend indicated over 10 years. In 2005, the estimated harvest was 52,100. White-tipped doves are maintaining a relatively stable population in the Lower Rio Grande Valley of Texas. They are most abundant in cities and, for the most part, are not available to hunting. New surveys were initiated in 2001. No E:\FR\FM\28JYP3.SGM 28JYP3 Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / Proposed Rules 2006 data were available at the time of this report. However, data from 1987– 2005 indicates an apparent slight increase over that time period. The count in 2005 averaged 0.95 birds per stop compared to 0.91 in 2004. The estimated harvest in 2005 from state surveys during the special 4-day whitewing season was about 1,300. sroberts on PROD1PC70 with PROPOSALS Review of Public Comments The preliminary proposed rulemaking (April 11 Federal Register) opened the public comment period for migratory game bird hunting regulations and announced the proposed regulatory alternatives for the 2006–07 duck hunting season. Comments concerning early-season issues and the proposed alternatives are summarized below and numbered in the order used in the April 11 Federal Register document. Only the numbered items pertaining to earlyseasons issues and the proposed regulatory alternatives for which written comments were received are included. Consequently, the issues do not follow in consecutive numerical or alphabetical order. We received recommendations from all four Flyway Councils. Some recommendations supported continuation of last year’s frameworks. Due to the comprehensive nature of the annual review of the frameworks performed by the Councils, support for continuation of last year’s frameworks is assumed for items for which no recommendations were received. Council recommendations for changes in the frameworks are summarized below. We seek additional information and comments on the recommendations in this supplemental proposed rule. New proposals and modifications to previously described proposals are discussed below. Wherever possible, they are discussed under headings corresponding to the numbered items in the April 11, 2006, Federal Register document. 1. Ducks Categories used to discuss issues related to duck harvest management are: (A) General Harvest Strategy, (B) Regulatory Alternatives, including specification of framework dates, season length, and bag limits, (C) Zones and Split Seasons, and (D) Special Seasons/ Species Management. The categories correspond to previously published issues/discussions, and only those containing substantial recommendations are discussed below. C. Zones and Split Seasons Council Recommendations: The Central Flyway Council recommended a minor change to the High Plains Mallard VerDate Aug<31>2005 18:53 Jul 27, 2006 Jkt 208001 Management Unit (HPMMU) boundary in South Dakota. The Pacific Flyway Council recommended two changes to zones in the Pacific Flyway for the duck season framework: (1) Modifying the boundary between the Northeast and Balance of the State Zone in the Shasta Valley of California; and (2) creating two zones in Wyoming. Service Response: The Service concurs with the recommendations. The recommendations from the Central and Pacific Flyway Councils fall within the established guidelines for duck zones and split seasons (see September 22, 2005 Federal Register (70 FR 55666)). D. Special Seasons/Species Management i. September Teal Seasons Utilizing the criteria developed for the teal season harvest strategy, this year’s estimate of 5.9 million blue-winged teal from the Traditional Survey Area indicates that a 16-day September teal season is appropriate in 2006. vii. Youth Hunt Council Recommendations: The Atlantic Flyway Council recommended allowing the take of tundra swans during the special youth waterfowl hunt day(s) to those individuals holding a valid permit/tag. Service Response: Tundra swans may be taken by individuals holding a valid permit/tag at any time during the open season without any additional provisions. For youth-hunt days outside the tundra swan season, we will defer a decision on the recommendation until the management plan for the Eastern Population (EP) of tundra swans has been reviewed and input from the other Flyways has been considered. An update of the management plan is scheduled to begin this year. viii. Mottled Ducks We are appreciate the efforts of States in the Atlantic, Mississippi, and Central Flyways to discuss the population status, vital rates, and distribution of mottled ducks in a recently held workshop. We understand that the workshop resulted in agreement on the delineation of two management populations, one in Florida and another located on the Western Gulf Coast (WGC), largely in Louisiana and Texas. We also understand that the participants agreed that a major impediment to informed mottled duck management is the absence of a unified or integrated approach to population surveys across the full range of the species. Finally, while the workshop participants did agree that at least some portions of the WGC population were declining, there PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 43011 was disagreement over the extent and severity of that decline. We believe it is important to continue the momentum generated by this workshop. Toward that end, we look forward to working closely with the Mississippi and Central Flyway Councils over the coming year to design, develop costs estimates, and recommend an implementation strategy for a population/habitat condition survey of mottled ducks as described in the summary report from the workshop. Additionally, while we are mindful of the lack of consensus at the workshop on the condition of the WGC mottled ducks, we remain deeply concerned about this population. Given the extended drought conditions and effects of the tidal surge from Hurricane Rita, we think it is plausible that breeding success and recruitment will be greatly suppressed this year and for an unknown period in the future. For this reason, we anticipate there may be a need to take some form of regulatory action to reduce mottled duck harvest in the near future. 4. Canada Geese A. Special Seasons Council Recommendations: The Atlantic Flyway Council made several recommendations dealing with early Canada goose seasons. First, the Council recommended that the Service allow the use of special regulations (electronic calls, unplugged guns, extended hunting hours) later than September 15 during existing September Canada goose hunting seasons in Atlantic Flyway States. Use of these special regulations would be limited to the geographic areas of States that were open to hunting and under existing September season ending dates as approved by the Service for the 2006 regulation cycle. This regulation would take effect as soon as the final rule on resident Canada goose management is effective. Second, the Council recommended increasing the Atlantic Flyway’s September Canada goose hunting season daily bag limit to 15 geese, with a possession limit of 30 geese, beginning with the 2006–07 hunting season. Lastly, the Council recommended allowing Maryland to modify the boundary of their Early Resident Canada Goose Western Zone. The Central Flyway Council recommended that evaluation requirements for September Canada goose hunting seasons from September 16 to September 30 be waived for all east-tier Central Flyway States south of North Dakota. The Council also recommended that the Oklahoma experimental September Canada goose E:\FR\FM\28JYP3.SGM 28JYP3 43012 Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / Proposed Rules sroberts on PROD1PC70 with PROPOSALS season be allowed to continue until sufficient goose tail fan samples are obtained for the September 16–30 time period to meet Service evaluation requirements and that Kansas be allowed to implement a 3-year (2006– 08) experimental Canada goose season during the September 16–30 period. Service Response: First, we support the Atlantic Flyway Council’s desire to increase opportunities to harvest resident Canada geese. Although there are social considerations for increasing the daily bag and possession limits to 15 and 30, respectively, we would like States to have as much flexibility as possible to reduce resident goose populations where appropriate, and we concur with the recommended increased limits. We also concur with the Council’s request to modify Maryland’s boundary of their Early Resident Canada Goose Western Zone. We do not, however, concur with the Council’s recommendation for the use of special regulations in September to harvest resident Canada geese. Pending the completion, publication, and implementation of a final rule for resident Canada goose management, we will defer a decision about extending the use of these special (liberalized) regulations beyond September 15 until after the completion of that rulemaking process. Regarding the Central Flyway Council’s recommendation to waive evaluation requirements for east-tier States south of North Dakota, we concur, given the preponderance of evidence that there are relatively few, if any, migrant Canada geese present in these States at this time of the year. Given our approval of the Council’s request to waive evaluation requirements for the east-tier States south of North Dakota, the Council’s recommendations regarding Oklahoma and Kansas are no longer necessary. B. Regular Seasons Council Recommendations: The Upper- and Lower-Region Regulations Committees of the Mississippi Flyway Council recommended that the framework opening date for all species of geese for the regular goose seasons in the Flyway be September 16 in 2006 and future years. If this recommendation is not approved, the Committees recommended that the framework opening date for all species of geese for the regular goose seasons in Michigan and Wisconsin be September 16, 2006. The Central Flyway Council recommended that Canada goose regulations be moved to the early-season regulations schedule in the east-tier VerDate Aug<31>2005 18:53 Jul 27, 2006 Jkt 208001 States of the Central Flyway. Further, the Council recommended a season framework of 107 days with a daily bag limit of 3 Canada geese (or any other goose species except light geese and white-fronted geese) in all east-tier States, except in the Big Stone Power Plant area of South Dakota where the daily bag limit would be 3 until November 30 and 2 thereafter. Framework dates would be September 16 to the Sunday nearest February 15 (February 18, 2007). States could split the season twice, and the possession limit would be twice the daily bag limit. Service Response: As we stated last year (Federal Register (70 FR 51522)), we concur with the objective to increase harvest pressure on resident Canada geese in the Mississippi Flyway, but do not concur with a September 16 framework opening date throughout the Flyway. A September 16 opening date Flyway-wide would require that the regular season be established during the early-season regulations process, which presents a number of administrative problems. Regarding the recommendations for a September 16 framework opening date in Wisconsin and Michigan, we concur. However, the opening dates in both States will continue to be considered exceptions to the general Flyway opening date, to be reconsidered annually. Regarding the Central Flyway Council’s recommendation that Canada goose regulations be moved to the earlyseason regulations schedule in the easttier States of the Central Flyway, our proposed approval to waive evaluation requirements for special Canada goose seasons between September 16–30 in east-tier States south of North Dakota (see 4.A. Special Seasons) resulted in the Council withdrawing this recommendation from the early-season regulatory process. 9. Sandhill Cranes Council Recommendations: The Central and Pacific Flyway Councils recommended using the 2006 Rocky Mountain Population sandhill crane harvest allocation of 1,321 birds as proposed in the allocation formula using the 2003–2005 3-year running average. The Pacific Flyway Council recommended initiating a limited hunt for Lower Colorado River sandhill cranes in Arizona, with the goal of the hunt being a limited harvest of 10 cranes in January. To limit harvest, Arizona would issue permit tags to hunters and require mandatory check of all harvested cranes. To limit disturbance of wintering cranes, Arizona would restrict the hunt to one 3-day period. Arizona would also PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 coordinate with the National Wildlife Refuges where cranes occur. Service Response: We are in general support of allowing a very limited, carefully controlled harvest of sandhill cranes from this population, and we note that the management plan allows for such harvest. However, we do not believe that this limited harvest is of immediate concern, and recommend that prior to instituting such a season, which would be the first time harvest has been permitted for this population, a more detailed harvest strategy be developed by the Flyway Council. The harvest strategy should address: (1) How the number of permits will be determined each year to ensure a sustainable harvest, (2) the allocation of these permits between the States and other political entities that may be interested in sharing this harvest (i.e. Idaho, Utah, Nevada, California, Arizona, and the Colorado River Indian Tribe), and (3) appropriate population levels for season closure and reinstatement. This approach is consistent with harvest strategies already in place for other harvested populations of sandhill cranes. We believe that this harvest strategy should be developed and included as an appendix to the management plan prior to any hunting season being instituted. 11. Moorhens and Gallinules Council Recommendations: The Atlantic Flyway Council recommended changing the framework closing date for moorhens and gallinules from January 20 to January 31 to help standardize the framework ending dates for those webless species that are found in the same areas as waterfowl. Service Response: We concur with the recommendation to align the framework closing date with the latest framework closing date for duck seasons, which is the last Sunday in January. 12. Rails Council Recommendations: The Atlantic Flyway Council recommended changing the framework closing date for rails from January 20 to January 31 to help standardize the framework ending dates for those webless species that are found in the same areas as waterfowl. Service Response: We concur with the recommendation to align the framework closing date with the latest framework closing date for duck seasons, which is the last Sunday in January. 16. Mourning Doves Council Recommendations: The Atlantic and Mississippi Flyway Councils supported the Service’s recommended guidelines for dove zones E:\FR\FM\28JYP3.SGM 28JYP3 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / Proposed Rules and split seasons in the Eastern Management Unit. The recommended guidelines consisted of the following: 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 dove season. 2. States in management units approved for zoning may select a zone/ split option during an open season. It must remain in place for a 5-year period. 3. Zoning periods for dove hunting will conform to those years used for ducks, e.g., 2006–2010. 4. The zone/split configuration consists of two zones with the option for 3-way (3-segment) split seasons in one or both zones. As a grandfathered arrangement, Texas will have three zones with the option for 2-way (2 segments) split seasons in one, two, or all three zones. 5. States that do not wish to zone for dove hunting may split their seasons into no more than three segments. The Central Flyway Council endorsed the guidelines with the exception that they recommended allowing a State to revert back to the 2005 zone and split configuration in any year. The Atlantic and Mississippi Flyway Councils also recommended allowing States in the Eastern Management Unit (EMU) to adopt hunting seasons and daily bag limits that include an aggregate daily bag limit composed of mourning doves and white-winged doves, singly or in combination. The Councils further recommended that States be allowed to begin mourning dove seasons as early as September 1, regardless of zones. Service Response: Regarding the zone/ split guidelines for dove seasons, we concur with the Central Flyway Council’s recommendation to modify the proposed guidelines by allowing a State to make a one-time change and revert back to the previous zone/split configuration. Regarding the recommendation for an opening date of September 1 management-unit-wide, we concur with the recommendation from the Atlantic and Mississippi Flyway Councils to make September 1 the framework opening date for dove hunting in all zones in the Eastern Management Unit. While we note that the Eastern Management Unit Dove Technical Committee reviewed current information and determined that there was no biological basis for the September 20 initiation date based on latitudinal lines, our concurrence is provisional with respect to Florida. Information from nesting studies in Texas suggest that a delayed framework VerDate Aug<31>2005 18:53 Jul 27, 2006 Jkt 208001 opening date in the southern portion of that State may be warranted. Due to its similar latitude, we request that Florida provide any information it may have that would help determine an appropriate opening date for dove seasons in that State. 17. White-Winged and White-Tipped Doves Council Recommendations: The Atlantic and Mississippi Flyway Councils recommended allowing States in the Eastern Management Unit (EMU) to adopt hunting seasons and daily bag limits that include an aggregate daily bag limit composed of mourning doves and white-winged doves, singly or in combination. Service Response: We concur. Whitewinged doves appear similar to mourning doves in the field and may occur in mixed feeding flocks. Further, data indicates that whitewing populations are increasing and becoming more widespread in some portions of the EMU. The expected incidental harvest is not expected to adversely impact these expanding whitewing populations. 18. Alaska Council Recommendations: The Pacific Flyway Council recommended maintaining status quo in the Alaska early-season frameworks, except for the following changes: (1) an increase in the daily bag limit for white geese from 3 to 4, consistent with other Pacific Flyway States; and (2) that the brant season length be restored to 107 days. Service Response: We support the Council’s recommendation for Alaska’s migratory bird seasons. The recommended increase in the daily bag limit for white geese is consistent with that for the other Pacific Flyway States. While the recommended 107-day brant season is consistent with the Pacific brant management plan, we have some concern with provisions in the management plan for changes between the harvest levels. We request that the Flyway Council review these provisions in order to reduce the potential frequency of annual changes. 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 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 43013 proposals. Accordingly, we invite interested persons to submit written comments, suggestions, or recommendations regarding the proposed regulations to the address indicated under the caption ADDRESSES. Special circumstances involved in the establishment of these regulations limit the amount of time that we can allow for public comment. Specifically, two considerations compress the time in which the rulemaking process must operate: (1) The need to establish final rules at a point early enough in the summer to allow affected State agencies to appropriately 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 during the comment period. 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. As in the past, we will summarize all comments 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 a Notice of Availability in the Federal Register on June 16, 1988 (53 FR 22582). We published our Record of Decision on August 18, 1988 (53 FR 31341). In addition, an August 1985 environmental assessment entitled ‘‘Guidelines for Migratory Bird Hunting Regulations on Federal Indian Reservations and Ceded Lands’’ is available from the address indicated under the caption ADDRESSES. In a notice published in the September 8, 2005, Federal Register (70 FR 53376), we announced our intent to develop a E:\FR\FM\28JYP3.SGM 28JYP3 43014 Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / Proposed Rules new Supplemental Environmental Impact Statement for the migratory bird hunting program. Public scoping meetings were held in the spring of 2006, and we announced in a March 9, 2006, Federal Register notice (71 FR 12216). sroberts on PROD1PC70 with PROPOSALS Endangered Species Act Consideration Prior to issuance of the 2006–07 migratory game bird hunting regulations, we will comply with provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531–1543; hereinafter the Act), to ensure that hunting is not likely to jeopardize the continued existence of any species designated as endangered or threatened or modify or destroy its critical habitat, and is consistent with conservation programs for those species. Consultations under Section 7 of 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 million to $1.064 billion, with a midpoint 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? VerDate Aug<31>2005 18:53 Jul 27, 2006 Jkt 208001 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 (PRA). There are no new information collections in this proposed rule that would require OMB approval under the PRA. The existing 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 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 requirements of the surveys associated with the Migratory Bird Harvest Information Program and assigned clearance number 1018–0015 (expires 2/ 29/2008). This information is used to provide a sampling frame for voluntary national surveys to improve our harvest estimates for all migratory game birds in order to better manage these populations. OMB has also approved the information collection requirements of the Sandhill Crane Harvest Survey and assigned clearance number 1018– 0023 (expires 11/30/2007). The information from this survey is used to estimate the magnitude and the geographical and temporal distribution of the harvest, and the portion it constitutes of the total population. A Federal agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Unfunded Mandates Reform Act We have determined and certify, in compliance with the requirements of the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this rulemaking will not impose a cost of $100 million or more in any given year on local or State government or private entities. Therefore, this rule is not a ‘‘significant regulatory action’’ under the Unfunded Mandates Reform Act. Civil Justice Reform—Executive Order 12988 The Department, in promulgating this proposed rule, has determined that this proposed rule will not unduly burden the judicial system and that it meets the requirements of sections 3(a) and 3(b)(2) of Executive Order 12988. Takings Implication Assessment In accordance with Executive Order 12630, this proposed rule, authorized by the Migratory Bird Treaty Act, does not have significant takings implications and does not affect any constitutionally protected property rights. This rule will not result in the physical occupancy of property, the physical invasion of property, or the regulatory taking of any property. In fact, these rules allow hunters to exercise otherwise unavailable privileges and, therefore, reduce restrictions on the use of private and public property. Energy Effects—Executive Order 13211 On May 18, 2001, the President issued Executive Order 13211 on regulations that significantly affect energy supply, distribution, and use. Executive Order 13211 requires agencies to prepare Statements of Energy Effects when E:\FR\FM\28JYP3.SGM 28JYP3 Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / Proposed Rules 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. sroberts on PROD1PC70 with PROPOSALS Government-to-Government Relationship with Tribes 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. Thus, in accordance with the President’s memorandum of April 29, 1994, ‘‘Government-to-Government Relations with Native American Tribal Governments’’ (59 FR 22951), Executive Order 13175, and 512 DM 2, we have evaluated possible effects on Federally recognized Indian tribes and have determined that there are no effects on Indian trust resources. However, in the April 11 proposed rule we solicited proposals for special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, offreservation trust lands, and ceded lands for the 2006–07 migratory bird hunting season. The resulting proposals will be contained in a separate proposed rule. By virtue of these actions, we have consulted with all the Tribes affected by this rule. Federalism Effects Due to the migratory nature of certain species of birds, the Federal Government has been given responsibility over these species by the Migratory Bird Treaty Act. We annually prescribe frameworks from which the States make selections regarding the hunting of migratory birds, and we employ guidelines to establish special regulations on Federal Indian reservations and ceded lands. This process preserves the ability of the States and tribes to determine which seasons meet their individual needs. Any State or Indian tribe may be more restrictive than the Federal frameworks at any time. The frameworks are developed in a cooperative process with the States and the Flyway Councils. This process allows States to participate in the development of frameworks from which they will make selections, thereby having an influence on their own regulations. These rules do not have a substantial direct effect on fiscal capacity, change the roles or responsibilities of Federal or State governments, or intrude on State policy or administration. Therefore, in accordance with Executive Order 13132, VerDate Aug<31>2005 18:53 Jul 27, 2006 Jkt 208001 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 2006–07 hunting season are authorized under 16 U.S.C. 703–712 and 16 U.S.C. 742a–j. Dated: July 21, 2006. Matt Hogan, Assistant Secretary for Fish and Wildlife and Parks. Proposed Regulations Frameworks for 2006–07 Early Hunting Seasons on Certain Migratory Game Birds Pursuant to the Migratory Bird Treaty Act and delegated authorities, the Department of the Interior approved the following proposed frameworks, which prescribe season lengths, bag limits, shooting hours, and outside dates within which States may select hunting seasons for certain migratory game birds between September 1, 2006, and March 10, 2007. 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, PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 43015 Texas, and Wyoming (east of the Continental Divide). Pacific Flyway—includes Alaska, Arizona, California, Idaho, Nevada, Oregon, Utah, Washington, and those portions of Colorado, Montana, New Mexico, and Wyoming not included in the Central Flyway. Management Units Mourning Dove Management Units Eastern Management Unit—All States east of the Mississippi River, and Louisiana. Central Management Unit—Arkansas, Colorado, Iowa, Kansas, Minnesota, Missouri, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota, Texas, and Wyoming. Western Management Unit—Arizona, California, Idaho, Nevada, Oregon, Utah, and Washington. Woodcock Management Regions Eastern Management Region— Connecticut, Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and West Virginia. Central Management Region— Alabama, Arkansas, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, and Wisconsin. Other geographic descriptions are contained in a later portion of this document. Compensatory Days in the Atlantic Flyway: In the Atlantic Flyway States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Jersey, North Carolina, Pennsylvania, and Virginia, where Sunday hunting is prohibited statewide by State law, all Sundays are closed to all take of migratory waterfowl (including mergansers and coots). Special September Teal Season Outside Dates: Between September 1 and September 30, an open season on all species of teal may be selected by the following States in areas delineated by State regulations: Atlantic Flyway—Delaware, Florida, Georgia, Maryland, North Carolina, South Carolina, and Virginia. Mississippi Flyway—Alabama, Arkansas, Illinois, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Ohio, and Tennessee. Central Flyway—Colorado (part), Kansas, Nebraska (part), New Mexico (part), Oklahoma, and Texas. Hunting Seasons and Daily Bag Limits: Not to exceed 9 consecutive E:\FR\FM\28JYP3.SGM 28JYP3 43016 Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / Proposed Rules days in the Atlantic Flyway and 16 consecutive days in the Mississippi and Central Flyways. The daily bag limit is 4 teal. Shooting Hours Atlantic Flyway—One-half hour before sunrise to sunset except in Maryland, where the hours are from sunrise to sunset. Mississippi and Central Flyways— One-half hour before sunrise to sunset, except in the States of Arkansas, Illinois, Indiana, Missouri, and Ohio, where the hours are from sunrise to sunset. sroberts on PROD1PC70 with PROPOSALS Special September Duck Seasons Florida, Kentucky and Tennessee: In lieu of a special September teal season, a 5-consecutive-day season may be selected in September. The daily bag limit may not exceed 4 teal and wood ducks in the aggregate, of which no more than 2 may be wood ducks. Iowa: Iowa may hold up to 5 days of its regular duck hunting season in September. All ducks that are legal during the regular duck season may be taken during the September segment of the season. The September season segment may commence no earlier than the Saturday nearest September 20 (September 23). The daily bag and possession limits will be the same as those in effect last year, but are subject to change during the late-season regulations process. The remainder of the regular duck season may not begin before October 10. Special Youth Waterfowl Hunting Days Outside Dates: States may select two consecutive days (hunting days in Atlantic Flyway States with compensatory days) per duck-hunting zone, designated as ‘‘Youth Waterfowl Hunting Days,’’ in addition to their regular duck seasons. The days must be held outside any regular duck season on a weekend, holidays, or other nonschool days when youth hunters would have the maximum opportunity to participate. The days may be held up to 14 days before or after any regular duckseason frameworks or within any split of a regular duck season, or within any other open season on migratory birds. Daily Bag Limits: The daily bag limits may include ducks, geese, mergansers, coots, moorhens, and gallinules and would be the same as those allowed in the regular season. Flyway species and area restrictions would remain in effect. Shooting Hours: One-half hour before sunrise to sunset. Participation Restrictions: Youth hunters must be 15 years of age or younger. In addition, an adult at least 18 VerDate Aug<31>2005 18:53 Jul 27, 2006 Jkt 208001 years of age must accompany the youth hunter into the field. This adult may not duck hunt but may participate in other seasons that are open on the special youth day. Scoter, Eider, and Oldsquaw Ducks (Atlantic Flyway) Outside Dates: Between September 15 and January 31. Hunting Seasons and Daily Bag Limits: Not to exceed 107 days, with a daily bag limit of 7, singly or in the aggregate, of the listed sea-duck species, of which no more than 4 may be scoters. Daily Bag Limits During the Regular Duck Season: Within the special sea duck areas, during the regular duck season in the Atlantic Flyway, States may choose to allow the above sea duck limits in addition to the limits applying to other ducks during the regular duck season. In all other areas, sea ducks may be taken only during the regular open season for ducks and are part of the regular duck season daily bag (not to exceed 4 scoters) and possession limits. Areas: In all coastal waters and all waters of rivers and streams seaward from the first upstream bridge in Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, and New York; in any waters of the Atlantic Ocean and in any tidal waters of any bay which are separated by at least 1 mile of open water from any shore, island, and emergent vegetation in New Jersey, South Carolina, and Georgia; and in any waters of the Atlantic Ocean and in any tidal waters of any bay which are separated by at least 800 yards of open water from any shore, island, and emergent vegetation in Delaware, Maryland, North Carolina, and Virginia; and provided that any such areas have been described, delineated, and designated as special sea-duck hunting areas under the hunting regulations adopted by the respective States. Special Early Canada Goose Seasons Atlantic Flyway General Seasons Canada goose seasons of up to 15 days during September 1–15 may be selected for the Eastern Unit of Maryland and Delaware. Seasons not to exceed 30 days during September 1–30 may be selected for Connecticut, the Northeast Hunt Unit of North Carolina, New Jersey, and Rhode Island. Except for experimental seasons described below, seasons may not exceed 25 days during September 1– 25 in the remainder of the Flyway. Areas open to the hunting of Canada geese must be described, delineated, and designated as such in each State’s hunting regulations. PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 Daily Bag Limits: Not to exceed 15 Canada geese. Experimental Seasons Experimental Canada goose seasons of up to 25 days during September 1–25 may be selected for the Montezuma Region of New York and the Lake Champlain Region of New York and Vermont. Experimental seasons of up to 30 days during September 1–30 may be selected by Florida, Georgia, New York (Long Island Zone), North Carolina (except in the Northeast Hunt Unit), and South Carolina. Areas open to the hunting of Canada geese must be described, delineated, and designated as such in each State’s hunting regulations. Daily Bag Limits: Not to exceed 15 Canada geese. Mississippi Flyway General Seasons Canada goose seasons of up to 15 days during September 1–15 may be selected, except in the Upper Peninsula in Michigan, where the season may not extend beyond September 10, and in Minnesota (except in the Northwest Goose Zone), where a season of up to 22 days during September 1–22 may be selected. The daily bag limit may not exceed 5 Canada geese. Areas open to the hunting of Canada geese must be described, delineated, and designated as such in each State’s hunting regulations. A Canada goose season of up to 10 consecutive days during September 1– 10 may be selected by Michigan for Huron, Saginaw, and Tuscola Counties, except that the Shiawassee National Wildlife Refuge, Shiawassee River State Game Area Refuge, and the Fish Point Wildlife Area Refuge will remain closed. The daily bag limit may not exceed 5 Canada geese. Central Flyway General Seasons In Kansas, Nebraska, Oklahoma, South Dakota, and Texas, Canada goose seasons of up to 30 days during September 1–30 may be selected. In Colorado, New Mexico, North Dakota, Montana, and Wyoming, Canada goose seasons of up to 15 days during September 1–15 may be selected. The daily bag limit may not exceed 5 Canada geese. Areas open to the hunting of Canada geese must be described, delineated, and designated as such in each State’s hunting regulations. Pacific Flyway General Seasons California may select a 9-day season in Humboldt County during the period E:\FR\FM\28JYP3.SGM 28JYP3 Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / Proposed Rules September 1–15. The daily bag limit is 2. Colorado may select a 9-day season during the period of September 1–15. The daily bag limit is 3. Oregon may select a special Canada goose season of up to 15 days during the period September 1–15. In addition, in the NW goose management zone in Oregon, a 15-day season may be selected during the period September 1–20. Daily bag limits may not exceed 5 Canada geese. Idaho may select a 7-day season during the period September 1–15. The daily bag limit is 2 and the possession limit is 4. Washington may select a special Canada goose season of up to 15 days during the period September 1–15. Daily bag limits may not exceed 5 Canada geese. Wyoming may select an 8-day season on Canada geese between September 1– 15. This season is subject to the following conditions: 1. Where applicable, the season must be concurrent with the September portion of the sandhill crane season. 2. A daily bag limit of 2, with season and possession limits of 4, will apply to the special season. Areas open to hunting of Canada geese in each State must be described, delineated, and designated as such in each State’s hunting regulations. Regular Goose Seasons Regular goose seasons may open as early as September 16 in Wisconsin and Michigan. Season lengths, bag and possession limits, and other provisions will be established during the lateseason regulations process. sroberts on PROD1PC70 with PROPOSALS Sandhill Cranes Regular Seasons in the Central Flyway: Outside Dates: Between September 1 and February 28. Hunting Seasons: Seasons not to exceed 37 consecutive days may be selected in designated portions of North Dakota (Area 2) and Texas (Area 2). Seasons not to exceed 58 consecutive days may be selected in designated portions of the following States: Colorado, Kansas, Montana, North Dakota, South Dakota, and Wyoming. Seasons not to exceed 93 consecutive days may be selected in designated portions of the following States: New Mexico, Oklahoma, and Texas. Daily Bag Limits: 3 sandhill cranes, except 2 sandhill cranes in designated portions of North Dakota (Area 2) and Texas (Area 2). Permits: Each person participating in the regular sandhill crane seasons must VerDate Aug<31>2005 18:53 Jul 27, 2006 Jkt 208001 have a valid Federal sandhill crane hunting permit and/or, in those States where a Federal sandhill crane permit is not issued, a State-issued Harvest Information Survey Program (HIP) certification for game bird hunting in their possession while hunting. Special Seasons in the Central and Pacific Flyways: Arizona, Colorado, Idaho, Montana, New Mexico, Utah, and Wyoming may select seasons for hunting sandhill cranes within the range of the Rocky Mountain Population (RMP) subject to the following conditions: Outside Dates: Between September 1 and January 31. Hunting Seasons: The season in any State or zone may not exceed 30 days. Bag limits: Not to exceed 3 daily and 9 per season. Permits: Participants must have a valid permit, issued by the appropriate State, in their possession while hunting. Other provisions: Numbers of permits, open areas, season dates, protection plans for other species, and other provisions of seasons must be consistent with the management plan and approved by the Central and Pacific Flyway Councils with the following exceptions: 1. In Utah, the requirement for monitoring the racial composition of the harvest in the experimental season is waived, and 100 percent of the harvest will be assigned to the RMP quota; 2. In Arizona, monitoring the racial composition of the harvest must be conducted at 3 year intervals; 3. In Idaho, seasons are experimental, and the requirement for monitoring the racial composition of the harvest is waived; 100 percent of the harvest will be assigned to the RMP quota; and 4. In New Mexico, the season in the Estancia Valley is experimental, with a requirement to monitor the level and racial composition of the harvest; greater sandhill cranes in the harvest will be assigned to the RMP quota. Common Moorhens and Purple Gallinules Outside Dates: Between September 1 and the last Sunday in January (January 28) in the Atlantic, Mississippi and Central Flyways. States in the Pacific Flyway have been allowed to select their hunting seasons between the outside dates for the season on ducks; therefore, they are late-season frameworks, and no frameworks are provided in this document. Hunting Seasons and Daily Bag Limits: Seasons may not exceed 70 days in the Atlantic, Mississippi, and Central Flyways. Seasons may be split into 2 segments. The daily bag limit is 15 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 43017 common moorhens and purple gallinules, singly or in the aggregate of the two species. Zoning: Seasons may be selected by zones established for duck hunting. Rails Outside Dates: States included herein may select seasons between September 1 and the last Sunday in January (January 28) on clapper, king, sora, and Virginia rails. Hunting Seasons: The season may not exceed 70 days, and may be split into 2 segments. Daily Bag Limits: Clapper and King Rails—In Rhode Island, Connecticut, New Jersey, Delaware, and Maryland, 10, singly or in the aggregate of the two species. In Texas, Louisiana, Mississippi, Alabama, Georgia, Florida, South Carolina, North Carolina, and Virginia, 15, singly or in the aggregate of the two species. Sora and Virginia Rails—In the Atlantic, Mississippi, and Central Flyways and the Pacific-Flyway portions of Colorado, Montana, New Mexico, and Wyoming, 25 daily and 25 in possession, singly or in the aggregate of the two species. The season is closed in the remainder of the Pacific Flyway. Common Snipe Outside Dates: Between September 1 and February 28, except in Maine, Vermont, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Delaware, Maryland, and Virginia, where the season must end no later than January 31. Hunting Seasons and Daily Bag Limits: Seasons may not exceed 107 days and may be split into two segments. The daily bag limit is 8 snipe. Zoning: Seasons may be selected by zones established for duck hunting. American Woodcock Outside Dates: States in the Eastern Management Region may select hunting seasons between October 1 and January 31. States in the Central Management Region may select hunting seasons between the Saturday nearest September 22 (September 23) and January 31. Hunting Seasons and Daily Bag Limits: Seasons may not exceed 30 days in the Eastern Region and 45 days in the Central Region. The daily bag limit is 3. Seasons may be split into two segments. Zoning: New Jersey may select seasons in each of two zones. The season in each zone may not exceed 24 days. E:\FR\FM\28JYP3.SGM 28JYP3 43018 Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / Proposed Rules Band-Tailed Pigeons Pacific Coast States (California, Oregon, Washington, and Nevada) Outside Dates: Between September 15 and January 1. Hunting Seasons and Daily Bag Limits: Not more than 9 consecutive days, with a daily bag limit of 2 bandtailed pigeons. Zoning: California may select hunting seasons not to exceed 9 consecutive days in each of two zones. The season in the North Zone must close by October 3. Four-Corners States (Arizona, Colorado, New Mexico, and Utah) Outside Dates: Between September 1 and November 30. Hunting Seasons and Daily Bag Limits: Not more than 30 consecutive days, with a daily bag limit of 5 bandtailed pigeons. Zoning: New Mexico may select hunting seasons not to exceed 20 consecutive days in each of two zones. The season in the South Zone may not open until October 1. Mourning Doves Outside Dates: Between September 1 and January 15, except as otherwise provided, States may select hunting seasons and daily bag limits as follows: Eastern Management Unit Hunting Seasons and Daily Bag Limits: Not more than 70 days with a daily bag limit of 12 mourning and white-winged doves in the aggregate, or not more than 60 days with a bag limit of 15 mourning and white-winged doves in the aggregate. Zoning and Split Seasons: States may select hunting seasons in each of two zones. The season within each zone may be split into not more than three periods. Regulations for bag and possession limits, season length, and shooting hours must be uniform within specific hunting zones. sroberts on PROD1PC70 with PROPOSALS Central Management Unit Hunting Seasons and Daily Bag Limits: Not more than 70 days with a daily bag limit of 12 mourning and white-winged doves in the aggregate, or not more than 60 days with a bag limit of 15 mourning and white-winged doves in the aggregate. Zoning and Split Seasons: States may select hunting seasons in each of two zones. The season within each zone may be split into not more than three periods. Texas may select hunting seasons for each of three zones subject to the following conditions: VerDate Aug<31>2005 18:53 Jul 27, 2006 Jkt 208001 A. The hunting season may be split into not more than two periods, except in that portion of Texas in which the special white-winged dove season is allowed, where a limited mourning dove season may be held concurrently with that special season (see whitewinged dove frameworks). B. A season may be selected for the North and Central Zones between September 1 and January 25; and for the South Zone between September 20 and January 25. C. Daily bag limits are aggregate bag limits with mourning, white-winged, and white-tipped doves (see whitewinged dove frameworks for specific daily bag limit restrictions). D. Except as noted above, regulations for bag and possession limits, season length, and shooting hours must be uniform within each hunting zone. Central Management Unit Western Management Unit Arizona may select a hunting season of not more than 30 consecutive days, running concurrently with the first segment of the mourning dove season. The daily bag limit may not exceed 10 mourning and white-winged doves in the aggregate, of which no more than 6 may be white-winged doves. In Utah, the Nevada Counties of Clark and Nye, and in the California Counties of Imperial, Riverside, and San Bernardino, the daily bag limit may not exceed 10 mourning and white-winged doves in the aggregate. In the remainder of the Western Management Unit, the season is closed. Hunting Seasons and Daily Bag Limits: Idaho, Oregon, and Washington—Not more than 30 consecutive days with a daily bag limit of 10 mourning doves. Utah—Not more than 30 consecutive days with a daily bag limit that may not exceed 10 mourning doves and whitewinged doves in the aggregate. Nevada—Not more than 30 consecutive days with a daily bag limit of 10 mourning doves, except in Clark and Nye Counties, where the daily bag limit may not exceed 10 mourning and white-winged doves in the aggregate. Arizona and California—Not more than 60 days, which may be split between two periods, September 1–15 and November 1–January 15. In Arizona, during the first segment of the season, the daily bag limit is 10 mourning and white-winged doves in the aggregate, of which no more than 6 may be white-winged doves. During the remainder of the season, the daily bag limit is 10 mourning doves. In California, the daily bag limit is 10 mourning doves, except in Imperial, Riverside, and San Bernardino Counties, where the daily bag limit may not exceed 10 mourning and white-winged doves in the aggregate. White-Winged and White-Tipped Doves Hunting Seasons and Daily Bag Limits: Except as shown below, seasons must be concurrent with mourning dove seasons. Eastern Management Unit: The daily bag limit may not exceed 12 (15 under the alternative) mourning and whitewinged doves in the aggregate. PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 In Texas, the daily bag limit may not exceed 12 mourning, white-winged, and white-tipped doves (15 under the alternative) in the aggregate, of which no more than 2 may be white-tipped doves. In addition, Texas also may select a hunting season of not more than 4 days for the special white-winged dove area of the South Zone between September 1 and September 19. The daily bag limit may not exceed 12 white-winged, mourning, and whitetipped doves in the aggregate, of which no more than 4 may be mourning doves and 2 may be white-tipped doves. In the remainder of the Central Management Unit, the daily bag limit may not exceed 12 (15 under the alternative) mourning and white-winged doves in the aggregate. Western Management Unit Alaska Outside Dates: Between September 1 and January 26. Hunting Seasons: Alaska may select 107 consecutive days for waterfowl, sandhill cranes, and common snipe in each of 5 zones. The season may be split without penalty in the Kodiak Zone. The seasons in each zone must be concurrent. Closures: The hunting season is closed on emperor geese, spectacled eiders, and Steller’s eiders. Daily Bag and Possession Limits: Ducks—Except as noted, a basic daily bag limit of 7 and a possession limit of 21 ducks. Daily bag and possession limits in the North Zone are 10 and 30, and in the Gulf Coast Zone, they are 8 and 24. The basic limits may include no more than 1 canvasback daily and 3 in possession and may not include sea ducks. In addition to the basic duck limits, Alaska may select sea duck limits of 10 daily, 20 in possession, singly or in the aggregate, including no more than 6 each of either harlequin or long-tailed E:\FR\FM\28JYP3.SGM 28JYP3 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / Proposed Rules ducks. Sea ducks include scoters, common and king eiders, harlequin ducks, long-tailed ducks, and common and red-breasted mergansers. Light Geese—A basic daily bag limit of 4 and a possession limit of 8. Dark Geese—A basic daily bag limit of 4 and a possession limit of 8. Dark-goose seasons are subject to the following exceptions: 1. In Units 5 and 6, the taking of Canada geese is permitted from September 28 through December 16. A special, permit-only Canada goose season may be offered on Middleton Island. No more than 10 permits can be issued. A mandatory goose identification class is required. Hunters must check in and check out. The bag limit is 1 daily and 1 in possession. The season will close if incidental harvest includes 5 dusky Canada geese. A dusky Canada goose is any dark-breasted Canada goose (Munsell 10 YR color value five or less) with a bill length between 40 and 50 millimeters. 2. In Unit 9(D) and the Unimak Island portion of Unit 10, the limits for dark geese are 6 daily and 12 in possession. 3. In Units 9(E) and 18, the limit for dark geese is 4 daily, including no more than 2 Canada geese. 4. In Unit 9, season length for brant is 107 days. Brant—A daily bag limit of 2. Common snipe—A daily bag limit of 8. Sandhill cranes—Bag and possession limits of 2 and 4, respectively, in the Southeast, Gulf Coast, Kodiak, and Aleutian Zones, and Unit 17 in the Northern Zone. In the remainder of the Northern Zone (outside Unit 17), bag and possession limits of 3 and 6, respectively. Tundra Swans—Open seasons for tundra swans may be selected subject to the following conditions: 1. All seasons are by registration permit only. 2. All season framework dates are September 1–October 31. 3. In Game Management Unit (GMU) 17, no more than 200 permits may be issued during this operational season. No more than 3 tundra swans may be authorized per permit with no more than 1 permit issued per hunter per season. 4. In Game Management Unit (GMU) 18, no more than 500 permits may be issued during the operational season. Up to 3 tundra swans may be authorized per permit. No more than 1 permit may be issued per hunter per season. 5. In GMU 22, no more than 300 permits may be issued during the operational season. Each permittee may be authorized to take up to 3 tundra VerDate Aug<31>2005 18:53 Jul 27, 2006 Jkt 208001 swan per permit. No more than 1 permit may be issued per hunter per season. 6. In GMU 23, no more than 300 permits may be issued during the operational season. No more than 3 tundra swans may be authorized per permit with no more than 1 permit issued per hunter per season. Hawaii Outside Dates: Between October 1 and January 31. Hunting Seasons: Not more than 65 days (75 under the alternative) for mourning doves. Bag Limits: Not to exceed 15 (12 under the alternative) mourning doves. Note: Mourning doves may be taken in Hawaii in accordance with shooting hours and other regulations set by the State of Hawaii, and subject to the applicable provisions of 50 CFR part 20. Puerto Rico Doves and Pigeons: Outside Dates: Between September 1 and January 15. Hunting Seasons: Not more than 60 days. Daily Bag and Possession Limits: Not to exceed 15 Zenaida, mourning, and white-winged doves in the aggregate, of which not more than 3 may be mourning doves. Not to exceed 5 scalynaped pigeons. Closed Areas: There is no open season on doves or pigeons in the following areas: Municipality of Culebra, Desecheo Island, Mona Island, El Verde Closure Area, and Cidra Municipality and adjacent areas. Ducks, Coots, Moorhens, Gallinules, and Snipe: Outside Dates: Between October 1 and January 31. Hunting Seasons: Not more than 55 days may be selected for hunting ducks, common moorhens, and common snipe. The season may be split into two segments. Daily Bag Limits: Ducks—Not to exceed 6. Common moorhens—Not to exceed 6. Common snipe—Not to exceed 8. Closed Seasons: The season is closed on the ruddy duck, white-cheeked pintail, West Indian whistling duck, fulvous whistling duck, and masked duck, which are protected by the Commonwealth of Puerto Rico. The season also is closed on the purple gallinule, American coot, and Caribbean coot. Closed Areas: There is no open season on ducks, common moorhens, and common snipe in the Municipality of Culebra and on Desecheo Island. Virgin Islands Doves and Pigeons: PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 43019 Outside Dates: Between September 1 and January 15. Hunting Seasons: Not more than 60 days for Zenaida doves. Daily Bag and Possession Limits: Not to exceed 10 Zenaida doves. Closed Seasons: No open season is prescribed for ground or quail doves, or pigeons in the Virgin Islands. Closed Areas: There is no open season for migratory game birds on Ruth Cay (just south of St. Croix). Local Names for Certain Birds: Zenaida dove, also known as mountain dove; bridled quail-dove, also known as Barbary dove or partridge; Common ground-dove, also known as stone dove, tobacco dove, rola, or tortolita; scalynaped pigeon, also known as red-necked or scaled pigeon. Ducks Outside Dates: Between December 1 and January 31. Hunting Seasons: Not more than 55 consecutive days. Daily Bag Limits: Not to exceed 6. Closed Seasons: The season is closed on the ruddy duck, white-cheeked pintail, West Indian whistling duck, fulvous whistling duck, and masked duck. Special Falconry Regulations Falconry is a permitted means of taking migratory game birds in any State meeting Federal falconry standards in 50 CFR 21.29(k). These States may select an extended season for taking migratory game birds in accordance with the following: Extended Seasons: For all hunting methods combined, the combined length of the extended season, regular season, and any special or experimental seasons must not exceed 107 days for any species or group of species in a geographical area. Each extended season may be divided into a maximum of 3 segments. Framework Dates: Seasons must fall between September 1 and March 10. Daily Bag and Possession Limits: Falconry daily bag and possession limits for all permitted migratory game birds must not exceed 3 and 6 birds, respectively, singly or in the aggregate, during extended falconry seasons, any special or experimental seasons, and regular hunting seasons in all States, including those that do not select an extended falconry season. Regular Seasons: General hunting regulations, including seasons and hunting hours, apply to falconry in each State listed in 50 CFR 21.29(k). Regularseason bag and possession limits do not apply to falconry. The falconry bag limit is not in addition to gun limits. E:\FR\FM\28JYP3.SGM 28JYP3 43020 Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / Proposed Rules Area, Unit, and Zone Descriptions Mourning and White-Winged Doves Alabama South Zone—Baldwin, Barbour, Coffee, Covington, Dale, Escambia, Geneva, Henry, Houston, and Mobile Counties. North Zone—Remainder of the State. California White-winged Dove Open Areas— Imperial, Riverside, and San Bernardino Counties. Florida Northwest Zone—The Counties of Bay, Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Liberty, Okaloosa, Santa Rosa, Walton, Washington, Leon (except that portion north of U.S. 27 and east of State Road 155), Jefferson (south of U.S. 27, west of State Road 59 and north of U.S. 98), and Wakulla (except that portion south of U.S. 98 and east of the St. Marks River). South Zone—Remainder of State. Louisiana North Zone—That portion of the State north of Interstate Highway 10 from the Texas State line to Baton Rouge, Interstate Highway 12 from Baton Rouge to Slidell and Interstate Highway 10 from Slidell to the Mississippi State line. South Zone—The remainder of the State. Mississippi North Zone—That portion of the State north and west of a line extending west from the Alabama State line along U.S. Highway 84 to its junction with State Highway 35, then south along State Highway 35 to the Louisiana State line. South Zone—The remainder of Mississippi. sroberts on PROD1PC70 with PROPOSALS Nevada White-winged Dove Open Areas— Clark and Nye Counties. Texas North Zone—That portion of the State north of a line beginning at the International Bridge south of Fort Hancock; north along FM 1088 to TX 20; west along TX 20 to TX 148; north along TX 148 to I–10 at Fort Hancock; east along I–10 to I–20; northeast along I–20 to I–30 at Fort Worth; northeast along I– 30 to the Texas-Arkansas State line. South Zone—That portion of the State south and west of a line beginning at the International Bridge south of Del Rio, proceeding east on U.S. 90 to State Loop 1604 west of San Antonio; then south, east, and north along Loop 1604 to VerDate Aug<31>2005 18:53 Jul 27, 2006 Jkt 208001 Interstate Highway 10 east of San Antonio; then east on I–10 to Orange, Texas. Special White-winged Dove Area in the South Zone—That portion of the State south and west of a line beginning at the International Bridge south of Del Rio, proceeding east on U.S. 90 to State Loop 1604 west of San Antonio, southeast on State Loop 1604 to Interstate Highway 35, southwest on Interstate Highway 35 to TX 44; east along TX 44 to TX 16 at Freer; south along TX 16 to TX 285 at Hebbronville; east along TX 285 to FM 1017; southwest along FM 1017 to TX 186 at Linn; east along TX 186 to the Mansfield Channel at Port Mansfield; east along the Mansfield Channel to the Gulf of Mexico. Area with additional restrictions— Cameron, Hidalgo, Starr, and Willacy Counties. Central Zone—That portion of the State lying between the North and South Zones. Band-tailed Pigeons California North Zone—Alpine, Butte, Del Norte, Glenn, Humboldt, Lassen, Mendocino, Modoc, Plumas, Shasta, Sierra, Siskiyou, Tehama, and Trinity Counties. South Zone—The remainder of the State. New Mexico North Zone—North of a line following U.S. 60 from the Arizona State line east to I–25 at Socorro and then south along I–25 from Socorro to the Texas State line. South Zone—Remainder of the State. Washington Western Washington—The State of Washington excluding those portions lying east of the Pacific Crest Trail and east of the Big White Salmon River in Klickitat County. Woodcock New Jersey North Zone—That portion of the State north of NJ 70. South Zone—The remainder of the State. Special September Canada Goose Seasons Atlantic Flyway Connecticut North Zone—That portion of the State north of I–95. South Zone—Remainder of the State. PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 Maryland Eastern Unit—Calvert, Caroline, Cecil, Dorchester, Harford, Kent, Queen Anne’s, St. Mary’s, Somerset, Talbot, Wicomico, and Worcester Counties; that portion of Anne Arundel County County east of Interstate 895, Interstate 97, and Route 3; that portion of Charles County east of Route 301 to the Virginia State line; and that portion of Prince George’s County east of Route 3 and Route 301. Western Unit—Allegany, Baltimore, Carroll, Frederick, Garrett, Howard, Montgomery, and Washington Counties; that portion of Anne Arundel County west of Interstate 895, Interstate 97, and Route 3; that portion of Charles County west of Route 301 to the Virginia State line; and that portion of Prince George’s County west of Route 3 and Route 301. Massachusetts Western Zone—That portion of the State west of a line extending south from the Vermont border on I–91 to MA 9, west on MA 9 to MA 10, south on MA 10 to U.S. 202, south on U.S. 202 to the Connecticut border. Central Zone—That portion of the State east of the Berkshire Zone and west of a line extending south from the New Hampshire border on I–95 to U.S. 1, south on U.S. 1 to I–93, south on I– 93 to MA 3, south on MA 3 to U.S. 6, west on U.S. 6 to MA 28, west on MA 28 to I–195, west to the Rhode Island border; except the waters, and the lands 150 yards inland from the high-water mark, of the Assonet River upstream to the MA 24 bridge, and the Taunton River upstream to the Center St.-Elm St. bridge will be in the Coastal Zone. Coastal Zone—That portion of Massachusetts east and south of the Central Zone. New York Lake Champlain Zone—The U.S. portion of Lake Champlain and that area east and north of a line extending along NY 9B from the Canadian border to U.S. 9, south along U.S. 9 to NY 22 south of Keesville; south along NY 22 to the west shore of South Bay, along and around the shoreline of South Bay to NY 22 on the east shore of South Bay; southeast along NY 22 to U.S. 4, northeast along U.S. 4 to the Vermont border. Long Island Zone—That area consisting of Nassau County, Suffolk County, that area of Westchester County southeast of I–95, and their tidal waters. Western Zone—That area west of a line extending from Lake Ontario east along the north shore of the Salmon River to I–81, and south along I–81 to the Pennsylvania border, except for the Montezuma Zone. E:\FR\FM\28JYP3.SGM 28JYP3 Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / Proposed Rules Montezuma Zone—Those portions of Cayuga, Seneca, Ontario, Wayne, and Oswego Counties north of U.S. Route 20, east of NYS Route 14, south of NYS Route 104, and west of NYS Route 34. Northeastern Zone—That area north of a line extending from Lake Ontario east along the north shore of the Salmon River to I–81, south along I–81 to NY 49, east along NY 49 to NY 365, east along NY 365 to NY 28, east along NY 28 to NY 29, east along NY 29 to I–87, north along I–87 to U.S. 9 (at Exit 20), north along U.S. 9 to NY 149, east along NY 149 to U.S. 4, north along U.S. 4 to the Vermont border, exclusive of the Lake Champlain Zone. Southeastern Zone—The remaining portion of New York. Goose Zone and south of the North Zone to a line extending east from the Missouri border along the Modoc Ferry route to Modoc Ferry Road, east along Modoc Ferry Road to Modoc Road, northeasterly along Modoc Road and St. Leo’s Road to Illinois Highway 3, north along Illinois 3 to Illinois 159, north along Illinois 159 to Illinois 161, east along Illinois 161 to Illinois 4, north along Illinois 4 to Interstate Highway 70, east along I–70 to the Bond County line, north and east along the Bond County line to Fayette County, north and east along the Fayette County line to Effingham County, east and south along the Effingham County line to I–70, then east along I–70 to the Indiana border. South Zone: The remainder of Illinois. North Carolina Iowa North Zone: That portion of the State north of U.S. Highway 20. South Zone: The remainder of Iowa. Cedar Rapids/Iowa City Goose Zone. Includes portions of Linn and Johnson Counties bounded as follows: Beginning at the intersection of the west border of Linn County and Linn County Road E2W; thence south and east along County Road E2W to Highway 920; thence north along Highway 920 to County Road E16; thence east along County Road E16 to County Road W58; thence south along County Road W58 to County Road E34; thence east along County Road E34 to Highway 13; thence south along Highway 13 to Highway 30; thence east along Highway 30 to Highway 1; thence south along Highway 1 to Morse Road in Johnson County; thence east along Morse Road to Wapsi Avenue; thence south along Wapsi Avenue to Lower West Branch Road; thence west along Lower West Branch Road to Taft Avenue; thence south along Taft Avenue to County Road F62; thence west along County Road F62 to Kansas Avenue; thence north along Kansas Avenue to Black Diamond Road; thence west on Black Diamond Road to Jasper Avenue; thence north along Jasper Avenue to Rohert Road; thence west along Rohert Road to Ivy Avenue; thence north along Ivy Avenue to 340th Street; thence west along 340th Street to Half Moon Avenue; thence north along Half Moon Avenue to Highway 6; thence west along Highway 6 to Echo Avenue; thence north along Echo Avenue to 250th Street; thence east on 250th Street to Green Castle Avenue; thence north along Green Castle Avenue to County Road F12; thence west along County Road F12 to County Road W30; thence north along County Road W30 to Highway 151; thence north along the Linn-Benton County line to the point of beginning. Northeast Hunt Unit—Camden, Chowan, Currituck, Dare, Hyde, Pasquotank, Perquimans, Tyrrell, and Washington Counties; that portion of Bertie County north and east of a line formed by NC 45 at the Washington County line to U.S. 17 in Midway, U.S. 17 in Midway to U.S. 13 in Windsor to the Hertford County line; and that portion of Northampton County that is north of U.S. 158 and east of NC 35. Vermont Lake Champlain Zone: The U.S. portion of Lake Champlain and that area north and west of the line extending from the New York border along U.S. 4 to VT 22A at Fair Haven; VT 22A to U.S. 7 at Vergennes; U.S. 7 to the Canadian border. Interior Zone: That portion of Vermont west of the Lake Champlain Zone and eastward of a line extending from the Massachusetts border at Interstate 91; north along Interstate 91 to U.S. 2; east along U.S. 2 to VT 102; north along VT 102 to VT 253; north along VT 253 to the Canadian border. Connecticut River Zone: The remaining portion of Vermont east of the Interior Zone. Mississippi Flyway sroberts on PROD1PC70 with PROPOSALS Illinois Northeast Canada Goose Zone—Cook, Du Page, Grundy, Kane, Kankakee, Kendall, Lake, McHenry, and Will Counties. North Zone: That portion of the State outside the Northeast Canada Goose Zone and north of a line extending east from the Iowa border along Illinois Highway 92 to Interstate Highway 280, east along I–280 to I–80, then east along I–80 to the Indiana border. Central Zone: That portion of the State outside the Northeast Canada VerDate Aug<31>2005 18:53 Jul 27, 2006 Jkt 208001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 43021 Des Moines Goose Zone. Includes those portions of Polk, Warren, Madison and Dallas Counties bounded as follows: Beginning at the intersection of Northwest 158th Avenue and County Road R38 in Polk County; thence south along R38 to Northwest 142nd Avenue; thence east along Northwest 142nd Avenue to Northeast 126th Avenue; thence east along Northeast 126th Avenue to Northeast 46th Street; thence south along Northeast 46th Street to Highway 931; thence east along Highway 931 to Northeast 80th Street; thence south along Northeast 80th Street to Southeast 6th Avenue; thence west along Southeast 6th Avenue to Highway 65; thence south and west along Highway 65 to Highway 69 in Warren County; thence south along Highway 69 to County Road G24; thence west along County Road G24 to Highway 28; thence southwest along Highway 28 to 43rd Avenue; thence north along 43rd Avenue to Ford Street; thence west along Ford Street to Filmore Street; thence west along Filmore Street to 10th Avenue; thence south along 10th Avenue to 155th Street in Madison County; thence west along 155th Street to Cumming Road; thence north along Cumming Road to Badger Creek Avenue; thence north along Badger Creek Avenue to County Road F90 in Dallas County; thence east along County Road F90 to County Road R22; thence north along County Road R22 to Highway 44; thence east along Highway 44 to County Road R30; thence north along County Road R30 to County Road F31; thence east along County Road F31 to Highway 17; thence north along Highway 17 to Highway 415 in Polk County; thence east along Highway 415 to Northwest 158th Avenue; thence east along Northwest 158th Avenue to the point of beginning. Michigan North Zone: The Upper Peninsula. Middle Zone: That portion of the Lower Peninsula north of a line beginning at the Wisconsin border in Lake Michigan due west of the mouth of Stony Creek in Oceana County; then due east to, and easterly and southerly along the south shore of, Stony Creek to Scenic Drive, easterly and southerly along Scenic Drive to Stony Lake Road, easterly along Stony Lake and Garfield Roads to Michigan Highway 20, east along Michigan 20 to U.S. Highway 10 Business Route (BR) in the city of Midland, east along U.S. 10 BR to U.S. 10, east along U.S. 10 to Interstate Highway 75/U.S. Highway 23, north along I–75/U.S. 23 to the U.S. 23 exit at Standish, east along U.S. 23 to Shore Road in Arenac County, east along E:\FR\FM\28JYP3.SGM 28JYP3 43022 Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / Proposed Rules sroberts on PROD1PC70 with PROPOSALS Shore Road to the tip of Point Lookout, then on a line directly east 10 miles into Saginaw Bay, and from that point on a line directly northeast to the Canada border. South Zone: The remainder of Michigan. Minnesota Twin Cities Metropolitan Canada Goose Zone— A. All of Hennepin and Ramsey Counties. B. In Anoka County, all of Columbus Township lying south of County State Aid Highway (CSAH) 18, Anoka County; all of the cities of Ramsey, Andover, Anoka, Coon Rapids, Spring Lake Park, Fridley, Hilltop, Columbia Heights, Blaine, Lexington, Circle Pines, Lino Lakes, and Centerville; and all of the city of Ham Lake except that portion lying north of CSAH 18 and east of U.S. Highway 65. C. That part of Carver County lying north and east of the following described line: Beginning at the northeast corner of San Francisco Township; thence west along the north boundary of San Francisco Township to the east boundary of Dahlgren Township; thence north along the east boundary of Dahlgren Township to U.S. Highway 212; thence west along U.S. Highway 212 to State Trunk Highway (STH) 284; thence north on STH 284 to County State Aid Highway (CSAH) 10; thence north and west on CSAH 10 to CSAH 30; thence north and west on CSAH 30 to STH 25; thence east and north on STH 25 to CSAH 10; thence north on CSAH 10 to the Carver County line. D. In Scott County, all of the cities of Shakopee, Savage, Prior Lake, and Jordan, and all of the Townships of Jackson, Louisville, St. Lawrence, Sand Creek, Spring Lake, and Credit River. E. In Dakota County, all of the cities of Burnsville, Eagan, Mendota Heights, Mendota, Sunfish Lake, Inver Grove Heights, Apple Valley, Lakeville, Rosemount, Farmington, Hastings, Lilydale, West St. Paul, and South St. Paul, and all of the Township of Nininger. F. That portion of Washington County lying south of the following described line: Beginning at County State Aid Highway (CSAH) 2 on the west boundary of the county; thence east on CSAH 2 to U.S. Highway 61; thence south on U.S. Highway 61 to State Trunk Highway (STH) 97; thence east on STH 97 to the intersection of STH 97 and STH 95; thence due east to the east boundary of the State. Northwest Goose Zone—That portion of the State encompassed by a line VerDate Aug<31>2005 18:53 Jul 27, 2006 Jkt 208001 extending east from the North Dakota border along U.S. Highway 2 to State Trunk Highway (STH) 32, north along STH 32 to STH 92, east along STH 92 to County State Aid Highway (CSAH) 2 in Polk County, north along CSAH 2 to CSAH 27 in Pennington County, north along CSAH 27 to STH 1, east along STH 1 to CSAH 28 in Pennington County, north along CSAH 28 to CSAH 54 in Marshall County, north along CSAH 54 to CSAH 9 in Roseau County, north along CSAH 9 to STH 11, west along STH 11 to STH 310, and north along STH 310 to the Manitoba border. Southeast Goose Zone—That part of the State within the following described boundaries: beginning at the intersection of U.S. Highway 52 and the south boundary of the Twin Cities Metro Canada Goose Zone; thence along the U.S. Highway 52 to State Trunk Highway (STH) 57; thence along STH 57 to the municipal boundary of Kasson; thence along the municipal boundary of Kasson County State Aid Highway (CSAH) 13, Dodge County; thence along CSAH 13 to STH 30; thence along STH 30 to U.S. Highway 63; thence along U.S. Highway 63 to the south boundary of the State; thence along the south and east boundaries of the State to the south boundary of the Twin Cities Metro Canada Goose Zone; thence along said boundary to the point of beginning. Five Goose Zone—That portion of the State not included in the Twin Cities Metropolitan Canada Goose Zone, the Northwest Goose Zone, or the Southeast Goose Zone. West Zone—That portion of the State encompassed by a line beginning at the junction of State Trunk Highway (STH) 60 and the Iowa border, then north and east along STH 60 to U.S. Highway 71, north along U.S. 71 to Interstate Highway 94, then north and west along I–94 to the North Dakota border. Tennessee Middle Tennessee Zone—Those portions of Houston, Humphreys, Montgomery, Perry, and Wayne Counties east of State Highway 13; and Bedford, Cannon, Cheatham, Coffee, Davidson, Dickson, Franklin, Giles, Hickman, Lawrence, Lewis, Lincoln, Macon, Marshall, Maury, Moore, Robertson, Rutherford, Smith, Sumner, Trousdale, Williamson, and Wilson Counties. East Tennessee Zone—Anderson, Bledsoe, Bradley, Blount, Campbell, Carter, Claiborne, Clay, Cocke, Cumberland, DeKalb, Fentress, Grainger, Greene, Grundy, Hamblen, Hamilton, Hancock, Hawkins, Jackson, Jefferson, Johnson, Knox, Loudon, Marion, McMinn, Meigs, Monroe, PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 Morgan, Overton, Pickett, Polk, Putnam, Rhea, Roane, Scott, Sequatchie, Sevier, Sullivan, Unicoi, Union, Van Buren, Warren, Washington, and White Counties. Wisconsin Early-Season Subzone A—That portion of the State encompassed by a line beginning at the intersection of U.S. Highway 141 and the Michigan border near Niagara, then south along U.S. 141 to State Highway 22, west and southwest along State 22 to U.S. 45, south along U.S. 45 to State 22, west and south along State 22 to State 110, south along State 110 to U.S. 10, south along U.S. 10 to State 49, south along State 49 to State 23, west along State 23 to State 73, south along State 73 to State 60, west along State 60 to State 23, south along State 23 to State 11, east along State 11 to State 78, then south along State 78 to the Illinois border. Early-Season Subzone B—The remainder of the State. Central Flyway Kansas September Canada Goose Unit—That area of Kansas east of U.S. 183 and north of KS 96. Nebraska September Canada Goose Unit—That part of Nebraska bounded by a line from the Nebraska-Iowa State line west on U.S. Highway 30 to U.S. Highway 81, then south on U.S. Highway 81 to NE Highway 64, then east on NE Highway 64 to NE Highway 15, then south on NE Highway 15 to NE Highway 41, then east on NE Highway 41 to NE Highway 50, then north on NE Highway 50 to NE Highway 2, then east on NE Highway 2 to the Nebraska-Iowa State line. South Dakota September Canada Goose Unit A— Brown, Campbell, Edmunds, Faulk, McPherson, Spink, and Walworth Counties. September Canada Goose Unit B— Clark, Codington, Day, Deuel, Grant, Hamlin, Marshall, and Roberts Counties. September Canada Goose Unit C— Beadle, Brookings, Hanson, Kingsbury, Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, and Turner Counties. September Canada Goose Unit D— Union County. Pacific Flyway Idaho East Zone—Bonneville, Caribou, Fremont, and Teton Counties. E:\FR\FM\28JYP3.SGM 28JYP3 Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / Proposed Rules Oregon Northwest Zone—Benton, Clackamas, Clatsop, Columbia, Lane, Lincoln, Linn, Marion, Polk, Multnomah, Tillamook, Washington, and Yamhill Counties. Southwest Zone—Coos, Curry, Douglas, Jackson, Josephine, and Klamath Counties. East Zone—Baker, Gilliam, Malheur, Morrow, Sherman, Umatilla, Union, and Wasco Counties. Washington Area 1—Skagit, Island, and Snohomish Counties. Area 2A (SW Quota Zone)—Clark County, except portions south of the Washougal River; Cowlitz, and Wahkiakum Counties. Area 2B (SW Quota Zone)—Pacific and Grays Harbor Counties. Area 3—All areas west of the Pacific Crest Trail and west of the Big White Salmon River that are not included in Areas 1, 2A, and 2B. Area 4—Adams, Benton, Chelan, Douglas, Franklin, Grant, Kittitas, Lincoln, Okanogan, Spokane, and Walla Walla Counties. Area 5—All areas east of the Pacific Crest Trail and east of the Big White Salmon River that are not included in Area 4. Ducks Atlantic Flyway sroberts on PROD1PC70 with PROPOSALS New York Lake Champlain Zone: The U.S. portion of Lake Champlain and that area east and north of a line extending along NY 9B from the Canadian border to U.S. 9, south along U.S. 9 to NY 22 south of Keesville; south along NY 22 to the west shore of South Bay, along and around the shoreline of South Bay to NY 22 on the east shore of South Bay; southeast along NY 22 to U.S. 4, northeast along U.S. 4 to the Vermont border. Long Island Zone: That area consisting of Nassau County, Suffolk County, that area of Westchester County southeast of I–95, and their tidal waters. Western Zone: That area west of a line extending from Lake Ontario east along the north shore of the Salmon River to I–81, and south along I–81 to the Pennsylvania border. Northeastern Zone: That area north of a line extending from Lake Ontario east along the north shore of the Salmon River to I–81, south along I–81 to NY 49, east along NY 49 to NY 365, east along NY 365 to NY 28, east along NY 28 to NY 29, east along NY 29 to I–87, north along I–87 to U.S. 9 (at Exit 20), north along U.S. 9 to NY 149, east along NY 149 to U.S. 4, north along U.S. 4 to the VerDate Aug<31>2005 18:53 Jul 27, 2006 Jkt 208001 Vermont border, exclusive of the Lake Champlain Zone. Southeastern Zone: The remaining portion of New York. Mississippi Flyway Indiana North Zone: That portion of the State north of a line extending east from the Illinois border along State Road 18 to U.S. Highway 31, north along U.S. 31 to U.S. 24, east along U.S. 24 to Huntington, then southeast along U.S. 224 to the Ohio border. Ohio River Zone: That portion of the State south of a line extending east from the Illinois border along Interstate Highway 64 to New Albany, east along State Road 62 to State 56, east along State 56 to Vevay, east and north on State 156 along the Ohio River to North Landing, north along State 56 to U.S. Highway 50, then northeast along U.S. 50 to the Ohio border. South Zone: That portion of the State between the North and Ohio River Zone boundaries. Iowa North Zone: That portion of the State north of a line extending east from the Nebraska border along State Highway 175 to State 37, southeast along State 37 to U.S. Highway 59, south along U.S. 59 to Interstate Highway 80, then east along I–80 to the Illinois border. South Zone: The remainder of Iowa. Central Flyway Colorado Special Teal Season Area: Lake and Chaffee Counties and that portion of the State east of Interstate Highway 25. Kansas High Plains Zone: That portion of the State west of U.S. 283. Low Plains Early Zone: That area of Kansas east of U.S. 283, and generally west of a line beginning at the Junction of the Nebraska State line and KS 28; south on KS 28 to U.S. 36; east on U.S. 36 to KS 199; south on KS 199 to Republic Co. Road 563; south on Republic Co. Road 563 to KS 148; east on KS 148 to Republic Co. Road 138; south on Republic Co. Road 138 to Cloud Co. Road 765; south on Cloud Co. Road 765 to KS 9; west on KS 9 to U.S. 24; west on U.S. 24 to U.S. 281; north on U.S. 281 to U.S. 36; west on U.S. 36 to U.S. 183; south on U.S. 183 to U.S. 24; west on U.S. 24 to KS 18; southeast on KS 18 to U.S. 183; south on U.S. 183 to KS 4; east on KS 4 to I–135; south on I–135 to KS 61; southwest on KS 61 to KS 96; northwest on KS 96 to U.S. 56; west on U.S. 56 to U.S. 281; south on PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 43023 U.S. 281 to U.S. 54; west on U.S. 54 to U.S. 183; north on U.S. 183 to U.S. 56; and southwest on U.S. 56 to U.S. 283. Low Plains Late Zone: The remainder of Kansas. Nebraska Special Teal Season Area: That portion of the State south of a line beginning at the Wyoming State line; east along U.S. 26 to Nebraska Highway L62A east to U.S. 385; south to U.S. 26; east to NE 92; east along NE 92 to NE 61; south along NE 61 to U.S. 30; east along U.S. 30 to the Iowa border. New Mexico (Central Flyway Portion) North Zone: That portion of the State north of I–40 and U.S. 54. South Zone: The remainder of New Mexico. Pacific Flyway California Northeastern Zone: In that portion of California lying east and north of a line beginning at the intersection of Interstate 5 with the California-Oregon line; south along Interstate 5 to its junction with Walters Lane south of the town of Yreka; west along Walters Lane to its junction with Easy Street; south along Easy Street to the junction with Old Highway 99; south along Old Highway 99 to the point of intersection with Interstate 5 north of the town of Weed; south along Interstate 5 to its junction with Highway 89; east and south along Highway 89 to Main Street Greenville; north and east to its junction with North Valley Road; south to its junction of Diamond Mountain Road; north and east to its junction with North Arm Road; south and west to the junction of North Valley Road; south to the junction with Arlington Road (A22); west to the junction of Highway 89; south and west to the junction of Highway 70; east on Highway 70 to Highway 395; south and east on Highway 395 to the point of intersection with the California-Nevada state line; north along the California-Nevada state line to the junction of the CaliforniaNevada-Oregon state lines west along the California-Oregon state line to the point of origin. Colorado River Zone: Those portions of San Bernardino, Riverside, and Imperial Counties east of a line extending from the Nevada border south along U.S. 95 to Vidal Junction; south on a road known as ‘‘Aqueduct Road’’ in San Bernardino County through the town of Rice to the San BernardinoRiverside County line; south on a road known in Riverside County as the ‘‘Desert Center to Rice Road’’ to the E:\FR\FM\28JYP3.SGM 28JYP3 43024 Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / Proposed Rules town of Desert Center; east 31 miles on I–10 to the Wiley Well Road; south on this road to Wiley Well; southeast along the Army-Milpitas Road to the Blythe, Brawley, Davis Lake intersections; south on the Blythe-Brawley paved road to the Ogilby and Tumco Mine Road; south on this road to U.S. 80; east 7 miles on U.S. 80 to the Andrade-Algodones Road; south on this paved road to the Mexican border at Algodones, Mexico. Southern Zone: That portion of southern California (but excluding the Colorado River Zone) south and east of a line extending from the Pacific Ocean east along the Santa Maria River to CA 166 near the City of Santa Maria; east on CA 166 to CA 99; south on CA 99 to the crest of the Tehachapi Mountains at Tejon Pass; east and north along the crest of the Tehachapi Mountains to CA 178 at Walker Pass; east on CA 178 to U.S. 395 at the town of Inyokern; south on U.S. 395 to CA 58; east on CA 58 to I–15; east on I–15 to CA 127; north on CA 127 to the Nevada border. Southern San Joaquin Valley Temporary Zone: All of Kings and Tulare Counties and that portion of Kern County north of the Southern Zone. Balance-of-the-State Zone: The remainder of California not included in the Northeastern, Southern, and Colorado River Zones, and the Southern San Joaquin Valley Temporary Zone. Canada Geese sroberts on PROD1PC70 with PROPOSALS Michigan MVP—Upper Peninsula Zone: The MVP—Upper Peninsula Zone consists of the entire Upper Peninsula of Michigan. MVP—Lower Peninsula Zone: The MVP—Lower Peninsula Zone consists of the area within the Lower Peninsula of Michigan that is north and west of the point beginning at the southwest corner of Branch county, north continuing along the western border of Branch and Calhoun counties to the northwest corner of Calhoun county, then east to the southwest corner of Eaton county, then north to the southern border of Ionia county, then east to the southwest corner of Clinton county, then north along the western border of Clinton County continuing north along the county border of Gratiot and Montcalm counties to the southern border of Isabella county, then east to the southwest corner of Midland county, then north along the west Midland county border to Highway M–20, then easterly to U.S. Highway 10, then easterly to U.S. Interstate 75/U.S. Highway 23, then northerly along I–75/ U.S. 23 and easterly on U.S. 23 to the VerDate Aug<31>2005 18:53 Jul 27, 2006 Jkt 208001 centerline of the Au Gres River, then southerly along the centerline of the Au Gres River to Saginaw Bay, then on a line directly east 10 miles into Saginaw Bay, and from that point on a line directly northeast to the Canadian border. SJBP Zone is the rest of the State, that area south and east of the boundary described above. Sandhill Cranes Central Flyway Colorado The Central Flyway portion of the State except the San Luis Valley (Alamosa, Conejos, Costilla, Hinsdale, Mineral, Rio Grande, and Saguache Counties east of the Continental Divide) and North Park (Jackson County). Kansas That portion of the State west of a line beginning at the Oklahoma border, north on I–35 to Wichita, north on I–135 to Salina, and north on U.S. 81 to the Nebraska border. Montana The Central Flyway portion of the State except for that area south and west of Interstate 90, which is closed to sandhill crane hunting. New Mexico Regular-Season Open Area—Chaves, Curry, De Baca, Eddy, Lea, Quay, and Roosevelt Counties. Middle Rio Grande Valley Area—The Central Flyway portion of New Mexico in Socorro and Valencia Counties. Estancia Valley Area—Those portions of Santa Fe, Torrance and Bernallilo Counties within an area bounded on the west by New Mexico Highway 55 beginning at Mountainair north to NM 337, north to NM 14, north to I–25; on the north by I–25 east to U.S. 285; on the east by U.S. 285 south to U.S. 60; and on the south by U.S. 60 from U.S. 285 west to NM 55 in Mountainair. Southwest Zone—Sierra, Luna, Dona Ana Counties, and those portions of Grant and Hidalgo Counties south of I– 10. North Dakota Area 1—That portion of the State west of U.S. 281. Area 2—That portion of the State east of U.S. 281. Oklahoma That portion of the State west of I–35. South Dakota That portion of the State west of U.S. 281. PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 Texas Zone A—That portion of Texas lying west of a line beginning at the international toll bridge at Laredo, thence northeast along U.S. Highway 81 to its junction with Interstate Highway 35 in Laredo, thence north along Interstate Highway 35 to its junction with Interstate Highway 10 in San Antonio, thence northwest along Interstate Highway 10 to its junction with U.S. Highway 83 at Junction, thence north along U.S. Highway 83 to its junction with U.S. Highway 62, 16 miles north of Childress, thence east along U.S. Highway 62 to the TexasOklahoma state line. Zone B—That portion of Texas lying within boundaries beginning at the junction of U.S. Highway 81 and the Texas-Oklahoma state line, thence southeast along U.S. Highway 81 to its junction with U.S. Highway 287 in Montague County, thence southeast along U.S. Highway 287 to its junction with Interstate Highway 35W in Fort Worth, thence southwest along Interstate Highway 35 to its junction with Interstate Highway 10 in San Antonio, thence northwest along Interstate Highway 10 to its junction with U.S. Highway 83 in Junction, thence north along U.S. Highway 83 to its junction with U.S. Highway 62, 16 miles north of Childress, thence east along U.S. Highway 62 to the TexasOklahoma state line, thence south along the Texas-Oklahoma state line to the south bank of the Red River, thence eastward along the vegetation line on the south bank of the Red River to U.S. Highway 81. Zone C—The remainder of the state, except for the closed areas. Closed areas—(A) That portion of the State lying east and north of a line beginning at the junction of U.S. Highway 81 and the Texas-Oklahoma state line, thence southeast along U.S. Highway 81 to its junction with U.S. Highway 287 in Montague County, thence southeast along U.S. Highway 287 to its junction with Interstate Highway 35W in Fort Worth, thence southwest along Interstate Highway 35 to its junction with U.S. Highway 290 East in Austin, thence east along U.S. Highway 290 to its junction with Interstate Loop 610 in Harris County, thence south and east along Interstate Loop 610 to its junction with Interstate Highway 45 in Houston, thence south on Interstate Highway 45 to State Highway 342, thence to the shore of the Gulf of Mexico, and thence north and east along the shore of the Gulf of Mexico to the Texas-Louisiana state line. E:\FR\FM\28JYP3.SGM 28JYP3 Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / Proposed Rules (B) That portion of the State lying within the boundaries of a line beginning at the Kleberg-Nueces county line and the shore of the Gulf of Mexico, thence west along the county line to Park Road 22 in Nueces County, thence north and west along Park Road 22 to its junction with State Highway 358 in Corpus Christi, thence west and north along State Highway 358 to its junction with State Highway 286, thence north along State Highway 286 to its junction with Interstate Highway 37, thence east along Interstate Highway 37 to its junction with U.S. Highway 181, thence north and west along U.S. Highway 181 to its junction with U.S. Highway 77 in Sinton, thence north and east along U.S. Highway 77 to its junction with U.S. Highway 87 in Victoria, thence south and east along U.S. Highway 87 to its junction with State Highway 35 at Port Lavaca, thence north and east along State Highway 35 to the south end of the Lavaca Bay Causeway, thence south and east along the shore of Lavaca Bay to its junction with the Port Lavaca Ship Channel, thence south and east along the Lavaca Bay Ship Channel to the Gulf of Mexico, and thence south and west along the shore of the Gulf of Mexico to the Kleberg-Nueces county line. Utah Wyoming Regular-Season Open Area— Campbell, Converse, Crook, Goshen, Laramie, Niobrara, Platte, and Weston Counties. Riverton-Boysen Unit—Portions of Fremont County. Park and Big Horn County Unit— Portions of Park and Big Horn Counties. All Migratory Game Birds in Alaska Pacific Flyway Arizona Special-Season Area—Game Management Units 30A, 30B, 31, and 32. sroberts on PROD1PC70 with PROPOSALS Montana Special-Season Area—See State regulations. VerDate Aug<31>2005 18:53 Jul 27, 2006 Jkt 208001 Special-Season Area—Rich, Cache, and Unitah Counties and that portion of Box Elder County beginning on the Utah-Idaho State line at the Box ElderCache County line; west on the State line to the Pocatello Valley County Road; south on the Pocatello Valley County Road to I–15; southeast on I–15 to SR–83; south on SR–83 to Lamp Junction; west and south on the Promontory Point County Road to the tip of Promontory Point; south from Promontory Point to the Box ElderWeber County line; east on the Box Elder-Weber County line to the Box Elder-Cache County line; north on the Box Elder-Cache County line to the Utah-Idaho State line. Wyoming Bear River Area—That portion of Lincoln County described in State regulations. Salt River Area—That portion of Lincoln County described in State regulations. Farson-Eden Area—Those portions of Sweetwater and Sublette Counties described in State regulations. North Zone—State Game Management Units 11–13 and 17–26. Gulf Coast Zone—State Game Management Units 5–7, 9, 14–16, and 10 (Unimak Island only). Southeast Zone—State Game Management Units 1–4. Pribilof and Aleutian Islands Zone— State Game Management Unit 10 (except Unimak Island). Kodiak Zone—State Game Management Unit 8. All Migratory Game Birds in the Virgin Islands Ruth Cay Closure Area—The island of Ruth Cay, just south of St. Croix. PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 43025 All Migratory Game Birds in Puerto Rico Municipality of Culebra Closure Area—All of the municipality of Culebra. Desecheo Island Closure Area—All of Desecheo Island. Mona Island Closure Area—All of Mona Island. El Verde Closure Area—Those areas of the municipalities of Rio Grande and Loiza delineated as follows: (1) All lands between Routes 956 on the west and 186 on the east, from Route 3 on the north to the juncture of Routes 956 and 186 (Km 13.2) in the south; (2) all lands between Routes 186 and 966 from the juncture of 186 and 966 on the north, to the Caribbean National Forest Boundary on the south; (3) all lands lying west of Route 186 for 1 kilometer from the juncture of Routes 186 and 956 south to Km 6 on Route 186; (4) all lands within Km 14 and Km 6 on the west and the Caribbean National Forest Boundary on the east; and (5) all lands within the Caribbean National Forest Boundary whether private or public. Cidra Municipality and adjacent areas—All of Cidra Municipality and portions of Aguas Buenas, Caguas, Cayey, and Comerio Municipalities as encompassed within the following boundary: Beginning on Highway 172 as it leaves the municipality of Cidra on the west edge, north to Highway 156, east on Highway 156 to Highway 1, south on Highway 1 to Highway 765, south on Highway 765 to Highway 763, south on Highway 763 to the Rio Guavate, west along Rio Guavate to Highway 1, southwest on Highway 1 to Highway 14, west on Highway 14 to Highway 729, north on Highway 729 to Cidra Municipality boundary to the point of the beginning. [FR Doc. 06–6542 Filed 7–27–06; 8:45 am] BILLING CODE 4310–55–P E:\FR\FM\28JYP3.SGM 28JYP3

Agencies

[Federal Register Volume 71, Number 145 (Friday, July 28, 2006)]
[Proposed Rules]
[Pages 43008-43025]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6542]



[[Page 43007]]

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Part VII





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 20



Migratory Bird Hunting; Proposed Frameworks for Early[dash]Season 
Migratory Bird Hunting Regulations; Notice of Meetings; Proposed Rule

Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / 
Proposed Rules

[[Page 43008]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AU42


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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; supplemental.

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SUMMARY: The U.S. Fish and Wildlife Service (hereinafter Service or we) 
is proposing to establish the 2006-07 early-season hunting regulations 
for certain migratory game birds. We annually prescribe frameworks, or 
outer limits, for dates and times when hunting may occur and the 
maximum number of birds that may be taken and possessed in early 
seasons. Early seasons may open as early as September 1, and include 
seasons in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands. 
These frameworks are necessary to allow State selections of specific 
final seasons and limits and to allow recreational harvest at levels 
compatible with population status and habitat conditions.

DATES: The Service Migratory Bird Regulations Committee will meet to 
consider and develop proposed regulations for late-season migratory 
bird hunting and the 2007 spring/summer migratory bird subsistence 
seasons in Alaska on July 26 and 27, 2006. All meetings will commence 
at approximately 8:30 a.m. You must submit comments on the proposed 
migratory bird hunting-season frameworks for Alaska, Hawaii, Puerto 
Rico, the Virgin Islands, and other early seasons by August 7, 2006, 
and for the forthcoming proposed late-season frameworks by August 30, 
2006.

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

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

SUPPLEMENTARY INFORMATION:

Regulations Schedule for 2006

    On April 11, 2006, we published in the Federal Register (71 FR 
18562) 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, proposed 
regulatory alternatives for the 2006-07 duck hunting season, and other 
regulations for hunting migratory game birds under Sec. Sec.  20.101 
through 20.107, 20.109, and 20.110 of subpart K. Major steps in the 
2006-07 regulatory cycle relating to open public meetings and Federal 
Register notifications were also identified in the April 11 proposed 
rule. Further, we explained that all sections of subsequent documents 
outlining hunting frameworks and guidelines were organized under 
numbered headings. As an aid to the reader, we reiterate those headings 
here:

1. Ducks
  A. General Harvest Strategy
  B. Regulatory Alternatives
  C. Zones and Split Seasons
  D. Special Seasons/Species Management
    i. September Teal Seasons
    ii. September Teal/Wood Duck Seasons
    iii. Black ducks
    iv. Canvasbacks
    v. Pintails
    vi. Scaup
    vii. Youth Hunt
    viii. Mottled ducks
2. Sea Ducks
3. Mergansers
4. Canada Geese
  A. Special Seasons
  B. Regular Seasons
  C. Special Late Seasons
5. White-fronted Geese
6. Brant
7. Snow and Ross's (Light) Geese
8. Swans
9. Sandhill Cranes
10. Coots
11. Moorhens and Gallinules
12. Rails
13. Snipe
14. Woodcock
15. Band-tailed Pigeons
16. Mourning Doves
17. White-winged and White-tipped Doves
18. Alaska
19. Hawaii
20. Puerto Rico
21. Virgin Islands
22. Falconry
23. Other
 

    Subsequent documents will refer only to numbered items requiring 
attention. Therefore, it is important to note that we will omit those 
items requiring no attention, and remaining numbered items will be 
discontinuous and appear incomplete.
    On May 30, 2006, we published in the Federal Register (71 FR 30786) 
a second document providing supplemental proposals for early- and late-
season migratory bird hunting regulations and the regulatory 
alternatives for the 2006-07 duck hunting season. The May 30 supplement 
also provided detailed information on the 2006-07 regulatory schedule 
and announced the Service Migratory Bird Regulations Committee (SRC) 
and Flyway Council meetings.
    This document, the third in a series of proposed, supplemental, and 
final rulemaking documents for migratory bird hunting regulations, 
deals specifically with proposed frameworks for early-season 
regulations. It will lead to final frameworks from which States may 
select season dates, shooting hours, and daily bag and possession 
limits for the 2006-07 season. We have considered all pertinent 
comments received through June 30, 2006, on the April 11 and May 30, 
2006, rulemaking documents in developing this document. In addition, 
new proposals for certain early-season regulations are provided for 
public comment. Comment periods are specified above under DATES. We 
will publish final regulatory frameworks for early seasons in the 
Federal Register on or about August 20, 2006.

Service Migratory Bird Regulations Committee Meetings

    Participants at the June 21-22, 2006, meetings reviewed information 
on the current status of migratory shore and upland game birds and 
developed 2006-07 migratory game bird regulations recommendations for 
these species plus regulations for migratory game birds in Alaska, 
Puerto Rico, and the U.S. Virgin Islands; special September waterfowl 
seasons in designated States; special sea duck seasons in the Atlantic 
Flyway; and extended falconry seasons. In addition, we reviewed and 
discussed preliminary information on the status of waterfowl. 
Participants at the previously announced July 26-27, 2006, meetings 
will review information on the current status of waterfowl and develop 
recommendations for the 2006-07 regulations pertaining to regular 
waterfowl seasons and other species and seasons not previously 
discussed at the early-season meetings. In accordance with Department 
of the Interior policy, these meetings are open to public observation 
and you may submit

[[Page 43009]]

comments to the Director on the matters discussed.

Population Status and Harvest

    The following paragraphs provide preliminary information on the 
status of waterfowl and information on the status and harvest of 
migratory shore and upland game birds.

May Breeding Waterfowl and Habitat Survey

    Despite a very warm winter, the quality of habitat for breeding 
waterfowl in the U.S. and Canada is slightly better this year than last 
year. Improvements in Canadian and U.S. prairie habitats were primarily 
due to average to above-average precipitation, warm spring 
temperatures, and carry-over effects from the good summer conditions of 
2005. Improved habitat conditions were reflected in the higher number 
of ponds counted in Prairie Canada this year compared to last year. The 
2006 estimate of ponds in Prairie Canada was 4.4  0.2 
million ponds, a 13 percent increase from last year's estimate of 3.9 
 0.2 million ponds and 32 percent above the 1955-2005 
average. The parkland and northern grassland regions of southern 
Manitoba and Saskatchewan received abundant rain in March and April, 
which created good to excellent habitat conditions. Higher water tables 
prevented farm activities in wetland basins and excellent residual 
nesting cover remained around the potholes. Many of the wetlands 
flooded beyond their normal basins and into the surrounding uplands. 
Deeper water in permanent and semi-permanent wetlands, coupled with 
increased amounts of flooded emergent vegetation and woodland, likely 
benefited diving ducks and overwater- and cavity-nesting species. 
However, spring precipitation in the grasslands of southern 
Saskatchewan and southwestern Manitoba was insufficient to fill 
seasonal and semi-permanent wetlands or create temporary wetlands for 
waterfowl, leaving these regions in fair or poor condition. Above-
average precipitation in the fall and spring in parts of southern 
Alberta improved conditions in this historically important pintail 
breeding region. This region has been dry since 1998, with the 
exception of 2003. However, central Alberta remained dry.
    Habitat conditions in the U.S. prairies were more variable than 
those in the Canadian prairies. The 2006 pond estimate for the north-
central U.S. (1.6  0.1 million) was similar to last year's 
estimate and the long-term average. The total pond estimate (Prairie 
Canada and U.S. combined) was 6.1  0.2 million ponds. This 
was 13 percent greater than last year's estimate of 5.4  
0.2 million and 26 percent higher than the long-term average of 4.8 
 0.1 million ponds. Habitat quality improved minimally in 
the easternmost regions of North and South Dakota relative to 2005. 
Small areas of the Eastern Dakotas were in good-to-excellent condition, 
helped by warm April temperatures and spring rains that advanced 
vegetation growth by about two weeks. However, most of the Drift 
Prairie, the Missouri Coteau, and the Coteau Slope remained in fair to 
poor condition due to lack of temporary and seasonal water and the 
deteriorated condition of semi-permanent basins. Permanent wetlands and 
dugouts were typically in various stages of recession. The Western 
Dakotas were generally in fair condition. Most wetland and upland 
habitats in Montana benefited modestly from average to above-average 
fall and winter precipitation and improvements in nesting habitat last 
year. Spring precipitation in Montana during March and April also 
helped to mitigate several years of drought. A large portion of central 
Montana was in good condition due to ample late winter and early spring 
precipitation. Biologists also noted improvements in upland vegetation 
over previous years. In this central region, most pond basins were full 
and stream systems were flowing. However, nesting habitat was largely 
fair to poor for most of the northern portion of Montana.
    Habitat conditions in most northern regions of Canada were improved 
over last year due to an early ice break-up, warm spring temperatures, 
and good precipitation levels. In northern Saskatchewan, northern 
Manitoba, and western Ontario, winter snowfall was sufficient to 
recharge most beaver ponds and small lakes. Larger lakes and rivers 
tended to have higher water levels than in recent years. Conditions in 
the smaller wetlands were ideal. However, in northern Manitoba and 
northern Saskatchewan, some lakes associated with major rivers were 
flooded, with some flooded well into the surrounding upland vegetation. 
The potential for habitat loss due to flooding caused biologists to 
classify this region as good. In Alberta, water levels improved to the 
north, except for the Athabasca Delta only, where wetlands, especially 
seasonal wetlands, generally had low water levels. Most of the 
Northwest Territories had good water levels. The exceptions were the 
southern part of the Territory where recent heavy rains in May have 
caused some flooding of nesting habitat, and a dry swath across the 
central part of the province. In contrast to most of the survey region 
and to the past few years, spring did not arrive early in Alaska this 
year. Overall, a more normal spring phenology occurred throughout most 
of Alaska and the Yukon Territory, with ice lingering in the following 
regions: The outer coast of the Yukon Delta, the northern Seward 
Peninsula, and on the Old Crow Flats. Some flooding occurred on a few 
major rivers. Overall, good waterfowl production is anticipated this 
year from the northwestern continental area if temperatures remain 
seasonable.
    Spring-like conditions also arrived early in the East, with an 
early ice break-up and relatively mild temperatures. Biologists 
reported that habitat conditions were generally good across most of the 
survey area. Most regions had a warm, dry winter and a dry start to 
spring. Extreme southern Ontario was relatively dry during the survey 
period and habitats were in fair to poor condition. However, 
precipitation after survey completion improved habitat conditions in 
this region. Abundant rain in May improved water levels in Maine, the 
Maritimes, southern Ontario, and Quebec, but caused some flooding in 
southern Ontario and Quebec and along the coast of Maine, New 
Brunswick, and Nova Scotia. In Quebec, a very early spring assured good 
habitat availability. Despite the early spring and the abundance of 
spring precipitation, a dry winter still left most of the marshes and 
rivers drier than in past years. Many bogs were noticeably drier than 
past years or dry entirely in a few cases. Winter precipitation 
increased to the west and north, resulting in generally good levels in 
central and northern Ontario. Conditions were good to excellent in 
central and northern Ontario due to the early spring phenology, 
generally good water levels, and warm spring temperatures.

Status of Teal

    The estimate of blue-winged teal numbers from the Traditional 
Survey Area is 5.9 million. This represents a 28 percent increase from 
2005 and is 30 percent above the 1955-2005 average.

Sandhill Cranes

    The Mid-Continent Population of sandhill cranes has generally 
stabilized at comparatively high levels, following increases in the 
1970s. The Central Platte River Valley, Nebraska, spring index for 
2006, uncorrected for visibility bias, was 183,000 cranes. The photo-
corrected 3-year average for 2003-05 was 422,133, which is within the 
established population-objective range

[[Page 43010]]

of 349,000-472,000 cranes. All Central Flyway States, except Nebraska, 
allowed crane hunting in portions of their respective States during 
2005-06. About 9,950 hunters participated in these seasons, which was 8 
percent higher than the number that participated in the 2004-2005 
season. Hunters harvested 18,575 cranes in the U.S. portion of the 
Central Flyway during the 2005-06 seasons, which was 28 percent higher 
than the estimated harvest for the previous year. The retrieved harvest 
of cranes in hunt areas for the Rocky Mountain Population of sandhill 
cranes in Arizona, New Mexico, Alaska, Canada, and Mexico combined was 
estimated at 13,587 during 2005-06.
    The preliminary estimate for the North American sport harvest, 
including crippling losses, was 36,674, which is 11 percent higher than 
the previous year's estimate of 33,182. The long-term (1982-2004) 
trends indicate that harvests have been increasing at a higher rate 
than population growth. However, these population levels fall within 
the population objectives defined in the recently updated management 
plan for the Mid-Continent Population of sandhill cranes.
    The fall 2005 pre-migration survey estimate for the Rocky Mountain 
Population of greater sandhill cranes was 20,865, which was 13 percent 
higher than the previous year's estimate of 18,510. The 3-year average 
for 2003-05 is 19,633, which is within established population 
objectives of 17,000-21,000. Hunting seasons during 2005-06 in portions 
of Arizona, Idaho, Montana, New Mexico, Utah, and Wyoming, resulted in 
a harvest of 702 cranes, an 18 percent increase from the harvest of 594 
the year before.

Woodcock

    Singing-ground and Wing-collection Surveys were conducted to assess 
the population status of the American woodcock (Scolopax minor). The 
Singing-ground Survey is intended to measure long-term changes in 
woodcock population levels. Singing-ground Survey data for 2006 
indicate that the number of displaying woodcock in the Eastern Region 
in 2006 was unchanged from 2005, while the Central Region experienced 
an 8 percent decline. However, we note that measurement of short-term 
(i.e., annual) trends tend to give estimates with larger variances and 
is more prone to be influenced by climatic factors that may affect 
local counts during the survey.
    There was no significant trend in woodcock heard in either the 
Eastern or Central Regions during 1996-2006. This represents the third 
consecutive year since 1992 that the 10-year trend estimate for either 
region did not indicate a significant decline. There were long-term 
(1968-2006) declines of 1.9 percent per year in the Eastern Region and 
1.8 percent per year in the Central Region. Wing-collection survey data 
indicate that the 2005 recruitment index for the U.S. portion of the 
Eastern Region (1.6 immatures per adult female) was 17 percent lower 
than the 2004 index, and 1 percent lower than the long-term average. 
The recruitment index for the U.S. portion of the Central Region (1.5 
immatures per adult female) was 9 percent higher than the 2004 index, 
but was 9 percent below the long-term average.

Band-tailed Pigeons and Doves

    Analyses of Breeding Bird Survey (BBS) data over the most recent 10 
years and from 1968-2005 showed no significant long-term trend in 
either time period for the Pacific Coast population of band-tailed 
pigeons. A range-wide mineral-site survey conducted in British 
Columbia, Washington, Oregon, and California showed an increase in 
pigeons between 2001 and 2005 of over 10 percent per year. The 
preliminary 2005 harvest estimate from the Harvest Information Program 
(HIP) was 13,500. For the Interior band-tailed pigeon population, BBS 
analyses indicated no trend over either time period. The preliminary 
2005 harvest estimate was 2,700.
    Analyses of Mourning Dove Call-count Survey data over the most 
recent 10 years indicated no significant trend for doves heard in 
either the Eastern or Western Management Units while the Central Unit 
showed a significant decline. Over the 41-year period of 1966-2006, all 
three units exhibited significant declines. In contrast, for doves seen 
over the 10-year period, a significant increase was found in the 
Eastern Unit while no trends were found in the Central and Western 
Units. Over 41 years, no trend was found for doves seen in the Eastern 
and Central Units while a significant decline was indicated for the 
Western Unit. The preliminary 2005 harvest estimate for the United 
States was 22,149,900 doves. We note that the Service and the States 
have been concerned about these declines for some time. While there is 
some evidence that the Call-count Survey was initiated when dove 
populations were at a peak, it is difficult to pinpoint exact causes of 
the declines since mourning doves are habitat generalists. In the 
Western Management Unit, the decline is generally considered the result 
of long-term habitat changes, however, hunting was restricted beginning 
in 1987 to reduce the dove harvest to a level more commensurate with 
lower populations. In the Central and Eastern Management Units, the 
decline in doves heard is not as severe and it is likely that a 
combination of factors involving both reproduction and survival is 
responsible. Additionally, there are concerns that doves heard data is 
not as indicative of the population as is doves seen data, which 
indicates stable or increasing populations. To address these concerns, 
a banding project was initiated to obtain current information in order 
to develop mourning dove population models for each management unit to 
provide guidance for improving our decision-making process with respect 
to harvest management.
    The two key States with a white-winged dove population are Arizona 
and Texas. California and New Mexico have much smaller populations. In 
Arizona, the white-winged dove population showed a significant decline 
between 1962 and 2005. However, the number of whitewings has been 
fairly stable since the 1970s, but then showed an apparent decline 
since 2000. To adjust harvest with population size, the bag limits, 
season length, and shooting hours have been reduced over the years, 
most recently in 1988. In recent years, the decline is thought to be 
largely due to drought conditions in the State, along with declining 
production of cereal grains. Arizona is currently experiencing the 
greatest drought in recorded history. In 2006, the Call-count index was 
24.7. According to HIP surveys, the 2005 harvest estimate was 110,100.
    In Texas, white-winged doves are now found throughout most of the 
State. A comprehensive dataset for 2006 was not available at this time. 
However, in 2005, the whitewing population was estimated to be 2.8 
million. The preliminary 2005 HIP harvest estimate was 1,095,100.
    In California, BBS data indicates that there has been a significant 
increase in the population between 1968 and 2005, while no trend was 
indicated over the most recent 10 years. According to HIP surveys, the 
preliminary harvest estimate for 2005 was 63,600. The long-term trend 
for whitewings in New Mexico also shows an increase while there was no 
trend indicated over 10 years. In 2005, the estimated harvest was 
52,100.
    White-tipped doves are maintaining a relatively stable population 
in the Lower Rio Grande Valley of Texas. They are most abundant in 
cities and, for the most part, are not available to hunting. New 
surveys were initiated in 2001. No

[[Page 43011]]

2006 data were available at the time of this report. However, data from 
1987-2005 indicates an apparent slight increase over that time period. 
The count in 2005 averaged 0.95 birds per stop compared to 0.91 in 
2004. The estimated harvest in 2005 from state surveys during the 
special 4-day whitewing season was about 1,300.

Review of Public Comments

    The preliminary proposed rulemaking (April 11 Federal Register) 
opened the public comment period for migratory game bird hunting 
regulations and announced the proposed regulatory alternatives for the 
2006-07 duck hunting season. Comments concerning early-season issues 
and the proposed alternatives are summarized below and numbered in the 
order used in the April 11 Federal Register document. Only the numbered 
items pertaining to early-seasons issues and the proposed regulatory 
alternatives for which written comments were received are included. 
Consequently, the issues do not follow in consecutive numerical or 
alphabetical order. We received recommendations from all four Flyway 
Councils. Some recommendations supported continuation of last year's 
frameworks. Due to the comprehensive nature of the annual review of the 
frameworks performed by the Councils, support for continuation of last 
year's frameworks is assumed for items for which no recommendations 
were received. Council recommendations for changes in the frameworks 
are summarized below. We seek additional information and comments on 
the recommendations in this supplemental proposed rule. New proposals 
and modifications to previously described proposals are discussed 
below. Wherever possible, they are discussed under headings 
corresponding to the numbered items in the April 11, 2006, Federal 
Register document.

1. Ducks

    Categories used to discuss issues related to duck harvest 
management are: (A) General Harvest Strategy, (B) Regulatory 
Alternatives, including specification of framework dates, season 
length, and bag limits, (C) Zones and Split Seasons, and (D) Special 
Seasons/Species Management. The categories correspond to previously 
published issues/discussions, and only those containing substantial 
recommendations are discussed below.
C. Zones and Split Seasons
    Council Recommendations: The Central Flyway Council recommended a 
minor change to the High Plains Mallard Management Unit (HPMMU) 
boundary in South Dakota.
    The Pacific Flyway Council recommended two changes to zones in the 
Pacific Flyway for the duck season framework: (1) Modifying the 
boundary between the Northeast and Balance of the State Zone in the 
Shasta Valley of California; and (2) creating two zones in Wyoming.
    Service Response: The Service concurs with the recommendations. The 
recommendations from the Central and Pacific Flyway Councils fall 
within the established guidelines for duck zones and split seasons (see 
September 22, 2005 Federal Register (70 FR 55666)).
D. Special Seasons/Species Management
i. September Teal Seasons
    Utilizing the criteria developed for the teal season harvest 
strategy, this year's estimate of 5.9 million blue-winged teal from the 
Traditional Survey Area indicates that a 16-day September teal season 
is appropriate in 2006.
vii. Youth Hunt
    Council Recommendations: The Atlantic Flyway Council recommended 
allowing the take of tundra swans during the special youth waterfowl 
hunt day(s) to those individuals holding a valid permit/tag.
    Service Response: Tundra swans may be taken by individuals holding 
a valid permit/tag at any time during the open season without any 
additional provisions. For youth-hunt days outside the tundra swan 
season, we will defer a decision on the recommendation until the 
management plan for the Eastern Population (EP) of tundra swans has 
been reviewed and input from the other Flyways has been considered. An 
update of the management plan is scheduled to begin this year.
viii. Mottled Ducks
    We are appreciate the efforts of States in the Atlantic, 
Mississippi, and Central Flyways to discuss the population status, 
vital rates, and distribution of mottled ducks in a recently held 
workshop. We understand that the workshop resulted in agreement on the 
delineation of two management populations, one in Florida and another 
located on the Western Gulf Coast (WGC), largely in Louisiana and 
Texas. We also understand that the participants agreed that a major 
impediment to informed mottled duck management is the absence of a 
unified or integrated approach to population surveys across the full 
range of the species. Finally, while the workshop participants did 
agree that at least some portions of the WGC population were declining, 
there was disagreement over the extent and severity of that decline.
    We believe it is important to continue the momentum generated by 
this workshop. Toward that end, we look forward to working closely with 
the Mississippi and Central Flyway Councils over the coming year to 
design, develop costs estimates, and recommend an implementation 
strategy for a population/habitat condition survey of mottled ducks as 
described in the summary report from the workshop. Additionally, while 
we are mindful of the lack of consensus at the workshop on the 
condition of the WGC mottled ducks, we remain deeply concerned about 
this population. Given the extended drought conditions and effects of 
the tidal surge from Hurricane Rita, we think it is plausible that 
breeding success and recruitment will be greatly suppressed this year 
and for an unknown period in the future. For this reason, we anticipate 
there may be a need to take some form of regulatory action to reduce 
mottled duck harvest in the near future.

4. Canada Geese

A. Special Seasons
    Council Recommendations: The Atlantic Flyway Council made several 
recommendations dealing with early Canada goose seasons. First, the 
Council recommended that the Service allow the use of special 
regulations (electronic calls, unplugged guns, extended hunting hours) 
later than September 15 during existing September Canada goose hunting 
seasons in Atlantic Flyway States. Use of these special regulations 
would be limited to the geographic areas of States that were open to 
hunting and under existing September season ending dates as approved by 
the Service for the 2006 regulation cycle. This regulation would take 
effect as soon as the final rule on resident Canada goose management is 
effective. Second, the Council recommended increasing the Atlantic 
Flyway's September Canada goose hunting season daily bag limit to 15 
geese, with a possession limit of 30 geese, beginning with the 2006-07 
hunting season. Lastly, the Council recommended allowing Maryland to 
modify the boundary of their Early Resident Canada Goose Western Zone.
    The Central Flyway Council recommended that evaluation requirements 
for September Canada goose hunting seasons from September 16 to 
September 30 be waived for all east-tier Central Flyway States south of 
North Dakota. The Council also recommended that the Oklahoma 
experimental September Canada goose

[[Page 43012]]

season be allowed to continue until sufficient goose tail fan samples 
are obtained for the September 16-30 time period to meet Service 
evaluation requirements and that Kansas be allowed to implement a 3-
year (2006-08) experimental Canada goose season during the September 
16-30 period.
    Service Response: First, we support the Atlantic Flyway Council's 
desire to increase opportunities to harvest resident Canada geese. 
Although there are social considerations for increasing the daily bag 
and possession limits to 15 and 30, respectively, we would like States 
to have as much flexibility as possible to reduce resident goose 
populations where appropriate, and we concur with the recommended 
increased limits. We also concur with the Council's request to modify 
Maryland's boundary of their Early Resident Canada Goose Western Zone. 
We do not, however, concur with the Council's recommendation for the 
use of special regulations in September to harvest resident Canada 
geese. Pending the completion, publication, and implementation of a 
final rule for resident Canada goose management, we will defer a 
decision about extending the use of these special (liberalized) 
regulations beyond September 15 until after the completion of that 
rulemaking process.
    Regarding the Central Flyway Council's recommendation to waive 
evaluation requirements for east-tier States south of North Dakota, we 
concur, given the preponderance of evidence that there are relatively 
few, if any, migrant Canada geese present in these States at this time 
of the year. Given our approval of the Council's request to waive 
evaluation requirements for the east-tier States south of North Dakota, 
the Council's recommendations regarding Oklahoma and Kansas are no 
longer necessary.
B. Regular Seasons
    Council Recommendations: The Upper- and Lower-Region Regulations 
Committees of the Mississippi Flyway Council recommended that the 
framework opening date for all species of geese for the regular goose 
seasons in the Flyway be September 16 in 2006 and future years. If this 
recommendation is not approved, the Committees recommended that the 
framework opening date for all species of geese for the regular goose 
seasons in Michigan and Wisconsin be September 16, 2006.
    The Central Flyway Council recommended that Canada goose 
regulations be moved to the early-season regulations schedule in the 
east-tier States of the Central Flyway. Further, the Council 
recommended a season framework of 107 days with a daily bag limit of 3 
Canada geese (or any other goose species except light geese and white-
fronted geese) in all east-tier States, except in the Big Stone Power 
Plant area of South Dakota where the daily bag limit would be 3 until 
November 30 and 2 thereafter. Framework dates would be September 16 to 
the Sunday nearest February 15 (February 18, 2007). States could split 
the season twice, and the possession limit would be twice the daily bag 
limit.
    Service Response: As we stated last year (Federal Register (70 FR 
51522)), we concur with the objective to increase harvest pressure on 
resident Canada geese in the Mississippi Flyway, but do not concur with 
a September 16 framework opening date throughout the Flyway. A 
September 16 opening date Flyway-wide would require that the regular 
season be established during the early-season regulations process, 
which presents a number of administrative problems. Regarding the 
recommendations for a September 16 framework opening date in Wisconsin 
and Michigan, we concur. However, the opening dates in both States will 
continue to be considered exceptions to the general Flyway opening 
date, to be reconsidered annually.
    Regarding the Central Flyway Council's recommendation that Canada 
goose regulations be moved to the early-season regulations schedule in 
the east-tier States of the Central Flyway, our proposed approval to 
waive evaluation requirements for special Canada goose seasons between 
September 16-30 in east-tier States south of North Dakota (see 4.A. 
Special Seasons) resulted in the Council withdrawing this 
recommendation from the early-season regulatory process.
    9. Sandhill Cranes
    Council Recommendations: The Central and Pacific Flyway Councils 
recommended using the 2006 Rocky Mountain Population sandhill crane 
harvest allocation of 1,321 birds as proposed in the allocation formula 
using the 2003-2005 3-year running average.
    The Pacific Flyway Council recommended initiating a limited hunt 
for Lower Colorado River sandhill cranes in Arizona, with the goal of 
the hunt being a limited harvest of 10 cranes in January. To limit 
harvest, Arizona would issue permit tags to hunters and require 
mandatory check of all harvested cranes. To limit disturbance of 
wintering cranes, Arizona would restrict the hunt to one 3-day period. 
Arizona would also coordinate with the National Wildlife Refuges where 
cranes occur.
    Service Response: We are in general support of allowing a very 
limited, carefully controlled harvest of sandhill cranes from this 
population, and we note that the management plan allows for such 
harvest. However, we do not believe that this limited harvest is of 
immediate concern, and recommend that prior to instituting such a 
season, which would be the first time harvest has been permitted for 
this population, a more detailed harvest strategy be developed by the 
Flyway Council. The harvest strategy should address: (1) How the number 
of permits will be determined each year to ensure a sustainable 
harvest, (2) the allocation of these permits between the States and 
other political entities that may be interested in sharing this harvest 
(i.e. Idaho, Utah, Nevada, California, Arizona, and the Colorado River 
Indian Tribe), and (3) appropriate population levels for season closure 
and reinstatement. This approach is consistent with harvest strategies 
already in place for other harvested populations of sandhill cranes. We 
believe that this harvest strategy should be developed and included as 
an appendix to the management plan prior to any hunting season being 
instituted.

11. Moorhens and Gallinules

    Council Recommendations: The Atlantic Flyway Council recommended 
changing the framework closing date for moorhens and gallinules from 
January 20 to January 31 to help standardize the framework ending dates 
for those webless species that are found in the same areas as 
waterfowl.
    Service Response: We concur with the recommendation to align the 
framework closing date with the latest framework closing date for duck 
seasons, which is the last Sunday in January.

12. Rails

    Council Recommendations: The Atlantic Flyway Council recommended 
changing the framework closing date for rails from January 20 to 
January 31 to help standardize the framework ending dates for those 
webless species that are found in the same areas as waterfowl.
    Service Response: We concur with the recommendation to align the 
framework closing date with the latest framework closing date for duck 
seasons, which is the last Sunday in January.

16. Mourning Doves

    Council Recommendations: The Atlantic and Mississippi Flyway 
Councils supported the Service's recommended guidelines for dove zones

[[Page 43013]]

and split seasons in the Eastern Management Unit. The recommended 
guidelines consisted of the following:
    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 dove season.
    2. States in management units approved for zoning may select a 
zone/split option during an open season. It must remain in place for a 
5-year period.
    3. Zoning periods for dove hunting will conform to those years used 
for ducks, e.g., 2006-2010.
    4. The zone/split configuration consists of two zones with the 
option for 3-way (3-segment) split seasons in one or both zones. As a 
grandfathered arrangement, Texas will have three zones with the option 
for 2-way (2 segments) split seasons in one, two, or all three zones.
    5. States that do not wish to zone for dove hunting may split their 
seasons into no more than three segments.
    The Central Flyway Council endorsed the guidelines with the 
exception that they recommended allowing a State to revert back to the 
2005 zone and split configuration in any year.
    The Atlantic and Mississippi Flyway Councils also recommended 
allowing States in the Eastern Management Unit (EMU) to adopt hunting 
seasons and daily bag limits that include an aggregate daily bag limit 
composed of mourning doves and white-winged doves, singly or in 
combination. The Councils further recommended that States be allowed to 
begin mourning dove seasons as early as September 1, regardless of 
zones.
    Service Response: Regarding the zone/split guidelines for dove 
seasons, we concur with the Central Flyway Council's recommendation to 
modify the proposed guidelines by allowing a State to make a one-time 
change and revert back to the previous zone/split configuration.
    Regarding the recommendation for an opening date of September 1 
management-unit-wide, we concur with the recommendation from the 
Atlantic and Mississippi Flyway Councils to make September 1 the 
framework opening date for dove hunting in all zones in the Eastern 
Management Unit. While we note that the Eastern Management Unit Dove 
Technical Committee reviewed current information and determined that 
there was no biological basis for the September 20 initiation date 
based on latitudinal lines, our concurrence is provisional with respect 
to Florida. Information from nesting studies in Texas suggest that a 
delayed framework opening date in the southern portion of that State 
may be warranted. Due to its similar latitude, we request that Florida 
provide any information it may have that would help determine an 
appropriate opening date for dove seasons in that State.

17. White-Winged and White-Tipped Doves

    Council Recommendations: The Atlantic and Mississippi Flyway 
Councils recommended allowing States in the Eastern Management Unit 
(EMU) to adopt hunting seasons and daily bag limits that include an 
aggregate daily bag limit composed of mourning doves and white-winged 
doves, singly or in combination.
    Service Response: We concur. White-winged doves appear similar to 
mourning doves in the field and may occur in mixed feeding flocks. 
Further, data indicates that whitewing populations are increasing and 
becoming more widespread in some portions of the EMU. The expected 
incidental harvest is not expected to adversely impact these expanding 
whitewing populations.

18. Alaska

    Council Recommendations: The Pacific Flyway Council recommended 
maintaining status quo in the Alaska early-season frameworks, except 
for the following changes: (1) an increase in the daily bag limit for 
white geese from 3 to 4, consistent with other Pacific Flyway States; 
and (2) that the brant season length be restored to 107 days.
    Service Response: We support the Council's recommendation for 
Alaska's migratory bird seasons. The recommended increase in the daily 
bag limit for white geese is consistent with that for the other Pacific 
Flyway States. While the recommended 107-day brant season is consistent 
with the Pacific brant management plan, we have some concern with 
provisions in the management plan for changes between the harvest 
levels. We request that the Flyway Council review these provisions in 
order to reduce the potential frequency of annual changes.

Public Comment Invited

    The Department of the Interior's policy is, whenever practicable, 
to afford the public an opportunity to participate in the rulemaking 
process. We intend that adopted final rules be as responsive as 
possible to all concerned interests and, therefore, seek the comments 
and suggestions of the public, other concerned governmental agencies, 
nongovernmental organizations, and other private interests on these 
proposals. Accordingly, we invite interested persons to submit written 
comments, suggestions, or recommendations regarding the proposed 
regulations to the address indicated under the caption ADDRESSES.
    Special circumstances involved in the establishment of these 
regulations limit the amount of time that we can allow for public 
comment. Specifically, two considerations compress the time in which 
the rulemaking process must operate: (1) The need to establish final 
rules at a point early enough in the summer to allow affected State 
agencies to appropriately 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 during the comment period. 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. As in the past, we will summarize all comments 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 a Notice of Availability in the Federal Register on June 
16, 1988 (53 FR 22582). We published our Record of Decision on August 
18, 1988 (53 FR 31341). In addition, an August 1985 environmental 
assessment entitled ``Guidelines for Migratory Bird Hunting Regulations 
on Federal Indian Reservations and Ceded Lands'' is available from the 
address indicated under the caption ADDRESSES. In a notice published in 
the September 8, 2005, Federal Register (70 FR 53376), we announced our 
intent to develop a

[[Page 43014]]

new Supplemental Environmental Impact Statement for the migratory bird 
hunting program. Public scoping meetings were held in the spring of 
2006, and we announced in a March 9, 2006, Federal Register notice (71 
FR 12216).

Endangered Species Act Consideration

    Prior to issuance of the 2006-07 migratory game bird hunting 
regulations, we will comply with provisions of the Endangered Species 
Act of 1973, as amended (16 U.S.C. 1531-1543; hereinafter the Act), to 
ensure that hunting is not likely to jeopardize the continued existence 
of any species designated as endangered or threatened or modify or 
destroy its critical habitat, and is consistent with conservation 
programs for those species. Consultations under Section 7 of 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 
million to $1.064 billion, 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 (PRA). There are no new information collections in this proposed 
rule that would require OMB approval under the PRA. The existing 
various recordkeeping and reporting requirements imposed under 
regulations established in 50 CFR part 20, subpart K, are utilized in 
the formulation of migratory game bird hunting regulations. 
Specifically, OMB has approved the information collection requirements 
of the surveys associated with the Migratory Bird Harvest Information 
Program and assigned clearance number 1018-0015 (expires 2/29/2008). 
This information is used to provide a sampling frame for voluntary 
national surveys to improve our harvest estimates for all migratory 
game birds in order to better manage these populations. OMB has also 
approved the information collection requirements of the Sandhill Crane 
Harvest Survey and assigned clearance number 1018-0023 (expires 11/30/
2007). The information from this survey is used to estimate the 
magnitude and the geographical and temporal distribution of the 
harvest, and the portion it constitutes of the total population. A 
Federal agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number.

Unfunded Mandates Reform Act

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

Civil Justice Reform--Executive Order 12988

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

Takings Implication Assessment

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

Energy Effects--Executive Order 13211

    On May 18, 2001, the President issued Executive Order 13211 on 
regulations that significantly affect energy supply, distribution, and 
use. Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when

[[Page 43015]]

undertaking certain actions. While this proposed rule is a significant 
regulatory action under Executive Order 12866, it is not expected to 
adversely affect energy supplies, distribution, or use. Therefore, this 
action is not a significant energy action and no Statement of Energy 
Effects is required.

Government-to-Government Relationship with Tribes

    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. Thus, in accordance with the President's 
memorandum of April 29, 1994, ``Government-to-Government Relations with 
Native American Tribal Governments'' (59 FR 22951), Executive Order 
13175, and 512 DM 2, we have evaluated possible effects on Federally 
recognized Indian tribes and have determined that there are no effects 
on Indian trust resources. However, in the April 11 proposed rule we 
solicited proposals for special migratory bird hunting regulations for 
certain Tribes on Federal Indian reservations, off-reservation trust 
lands, and ceded lands for the 2006-07 migratory bird hunting season. 
The resulting proposals will be contained in a separate proposed rule. 
By virtue of these actions, we have consulted with all the Tribes 
affected by this rule.

Federalism Effects

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

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 2006-07 
hunting season are authorized under 16 U.S.C. 703-712 and 16 U.S.C. 
742a-j.

    Dated: July 21, 2006.
Matt Hogan,
Assistant Secretary for Fish and Wildlife and Parks.

Proposed Regulations Frameworks for 2006-07 Early Hunting Seasons on 
Certain Migratory Game Birds

    Pursuant to the Migratory Bird Treaty Act and delegated 
authorities, the Department of the Interior approved the following 
proposed frameworks, which prescribe season lengths, bag limits, 
shooting hours, and outside dates within which States may select 
hunting seasons for certain migratory game birds between September 1, 
2006, and March 10, 2007.

General

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

Flyways and Management Units

Waterfowl Flyways

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

Management Units

Mourning Dove Management Units

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

Woodcock Management Regions

    Eastern Management Region--Connecticut, Delaware, Florida, Georgia, 
Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, 
North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, 
Virginia, and West Virginia.
    Central Management Region--Alabama, Arkansas, Illinois, Indiana, 
Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, 
Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, 
Tennessee, Texas, and Wisconsin.
    Other geographic descriptions are contained in a later portion of 
this document. Compensatory Days in the Atlantic Flyway: In the 
Atlantic Flyway States of Connecticut, Delaware, Maine, Maryland, 
Massachusetts, New Jersey, North Carolina, Pennsylvania, and Virginia, 
where Sunday hunting is prohibited statewide by State law, all Sundays 
are closed to all take of migratory waterfowl (including mergansers and 
coots).

Special September Teal Season

    Outside Dates: Between September 1 and September 30, an open season 
on all species of teal may be selected by the following States in areas 
delineated by State regulations:
    Atlantic Flyway--Delaware, Florida, Georgia, Maryland, North 
Carolina, South Carolina, and Virginia.
    Mississippi Flyway--Alabama, Arkansas, Illinois, Indiana, Kentucky, 
Louisiana, Mississippi, Missouri, Ohio, and Tennessee.
    Central Flyway--Colorado (part), Kansas, Nebraska (part), New 
Mexico (part), Oklahoma, and Texas.
    Hunting Seasons and Daily Bag Limits: Not to exceed 9 consecutive

[[Page 43016]]

days in the Atlantic Flyway and 16 consecutive days in the Mississippi 
and Central Flyways. The daily bag limit is 4 teal.
Shooting Hours
    Atlantic Flyway--One-half hour before sunrise to sunset except in 
Maryland, where the hours are from sunrise to sunset.
    Mississippi and Central Flyways--One-half hour before sunrise to 
sunset, except in the States of Arkansas, Illinois, Indiana, Missouri, 
and Ohio, where the hours are from sunrise to sunset.

Special September Duck Seasons

    Florida, Kentucky and Tennessee: In lieu of a special September 
teal season, a 5-consecutive-day season may be selected in September. 
The daily bag limit may not exceed 4 teal and wood ducks in the 
aggregate, of which no more than 2 may be wood ducks.
    Iowa: Iowa may hold up to 5 days of its regular duck hunting season 
in September. All ducks that are legal during the regular duck season 
may be taken during the September segment of the season. The September 
season segment may commence no earlier than the Saturday nearest 
September 20 (September 23). The daily bag and possession limits will 
be the same as those in effect last year, but are subject to change 
during the late-season regulations process. The remainder of the 
regular duck season may not begin before October 10.

Special Youth Waterfowl Hunting Days

    Outside Dates: States may select two consecutive days (hunting days 
in Atlantic Flyway States with compensatory days) per duck-hunting 
zone, designated as ``Youth Waterfowl Hunting Days,'' in addition to 
their regular duck seasons. The days must be held outside any regular 
duck season on a weekend, holidays, or other non-school days when youth 
hunters would have the maximum opportunity to participate. The days may 
be held up to 14 days before or after any regular duck-season 
frameworks or within any split of a regular duck season, or within any 
other open season on migratory birds.
    Daily Bag Limits: The daily bag limits may include ducks, geese, 
mergansers, coots, moorhens, and gallinules and would be the same as 
those allowed in the regular season. Flyway species and area 
restrictions would remain in effect.
    Shooting Hours: One-half hour before sunrise to sunset.
    Participation Restrictions: Youth hunters must be 15 years of age 
or younger. In addition, an adult at least 18 years of age must 
accompany the youth hunter into the field. This adult may not duck hunt 
but may participate in other seasons that are open on the special youth 
day.

Scoter, Eider, and Oldsquaw Ducks (Atlantic Flyway)

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

Special Early Canada Goose Seasons

Atlantic Flyway

General Seasons
    Canada goose seasons of up to 15 days during September 1-15 may be 
selected for the Eastern Unit of Maryland and Delaware. Seasons not to 
exceed 30 days during September 1-30 may be selected for Connecticut, 
the Northeast Hunt Unit of North Carolina, New Jersey, and Rhode 
Island. Except for experimental seasons described below, seasons may 
not exceed 25 days during September 1-25 in the remainder of the 
Flyway. Areas open to the hunting of Canada geese must be described, 
delineated, and designated as such in each State's hunting regulations.
    Daily Bag Limits: Not to exceed 15 Canada geese.
Experimental Seasons
    Experimental Canada goose seasons of up to 25 days during September 
1-25 may be selected for the Montezuma Region of New York and the Lake 
Champlain Region of New York and Vermont. Experimental seasons of up to 
30 days during September 1-30 may be selected by Florida, Georgia, New 
York (Long Island Zone), North Carolina (except in the Northeast Hunt 
Unit), and South Carolina. Areas open to the hunting of Canada geese 
must be described, delineated, and designated as such in each State's 
hunting regulations.
    Daily Bag Limits: Not to exceed 15 Canada geese.

Mississippi Flyway

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

Central Flyway

General Seasons
    In Kansas, Nebraska, Oklahoma, South Dakota, and Texas, Canada 
goose seasons of up to 30 days during September 1-30 may be selected. 
In Colorado, New Mexico, North Dakota, Montana, and Wyoming, Canada 
goose seasons of up to 15 days during September 1-15 may be selected. 
The daily bag limit may not exceed 5 Canada geese. Areas open to the 
hunting of Canada geese must be described, delineated, and designated 
as such in each State's hunting regulations.

Pacific Flyway

General Seasons
    California may select a 9-day season in Humboldt County during the 
period

[[Page 43017]]

September 1-15. The daily bag l
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