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

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[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]



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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

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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

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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

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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

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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