Migratory Bird Hunting; Proposed Frameworks for Late-Season Migratory Bird Hunting Regulations, 50224-50247 [06-7027]

Download as PDF 50224 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 20 RIN 1018–AU42 Migratory Bird Hunting; Proposed Frameworks for Late-Season Migratory Bird Hunting Regulations Fish and Wildlife Service, Interior. ACTION: Proposed rule; supplemental. AGENCY: The Fish and Wildlife Service (hereinafter Service or we) is proposing to establish the 2006–07 late-season hunting regulations for certain migratory game birds. We annually prescribe frameworks, or outer limits, for dates and times when hunting may occur and the number of birds that may be taken and possessed in late seasons. These frameworks are necessary to allow State selections of seasons and limits and to allow recreational harvest at levels compatible with population and habitat conditions. DATES: You must submit comments on the proposed migratory bird hunting late-season frameworks by September 5, 2006. ADDRESSES: Send your comments on the proposals to the Chief, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, Department of the Interior, ms MBSP–4107–ARLSQ, 1849 C Street, NW., Washington, DC 20240. All comments received, including names and addresses, will become part of the public record. You may inspect comments during normal business hours at the Service’s office in room 4107, Arlington Square Building, 4501 N. Fairfax Drive, Arlington, Virginia. FOR FURTHER INFORMATION CONTACT: Brian Millsap, Chief, or Ron W. Kokel, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, (703) 358–1714. SUPPLEMENTARY INFORMATION: SUMMARY: rwilkins on PROD1PC63 with PROPOSAL_3 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 VerDate Aug<31>2005 17:51 Aug 23, 2006 Jkt 208001 Federal Register notifications were also identified in the April 11 proposed rule. 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. On June 21 and 22, we held open meetings with the Flyway Council Consultants, at which the participants reviewed information on the current status of migratory shore and upland game birds and developed recommendations for the 2006–07 regulations for these species plus regulations for migratory game birds in Alaska, Puerto Rico, and the Virgin Islands; special September waterfowl seasons in designated States; special sea duck seasons in the Atlantic Flyway; and extended falconry seasons. In addition, we reviewed and discussed preliminary information on the status of waterfowl as it relates to the development and selection of the regulatory packages for the 2006–07 regular waterfowl seasons. On July 28, 2006, we published in the Federal Register (71 FR 43008) a third document specifically dealing with the proposed frameworks for early-season regulations. In late August, we will publish a rulemaking establishing final frameworks for early-season migratory bird hunting regulations for the 2006–07 season. On July 26–27, 2006, we held open meetings with the Flyway Council Consultants, at which the participants reviewed the status of waterfowl and developed recommendations for the 2006–07 regulations for these species. This document deals specifically with proposed frameworks for the late-season migratory bird hunting regulations. It will lead to final frameworks from which States may select season dates, shooting hours, areas, and limits. We have considered all pertinent comments received through July 31, 2006, in developing this document. In addition, new proposals for certain lateseason regulations are provided for public comment. The comment period is specified above under DATES. We will publish final regulatory frameworks for late-season migratory game bird hunting in the Federal Register on or around September 20, 2006. PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 Population Status and Harvest The following paragraphs provide a brief summary of information on the status and harvest of waterfowl excerpted from various reports. For more detailed information on methodologies and results, you may obtain complete copies of the various reports at the address indicated under ADDRESSES or from our Web site at https://migratorybirds.fws.gov. Status of Ducks Federal, provincial, and State agencies conduct surveys each spring to estimate the size of breeding populations and to evaluate the conditions of the habitats. These surveys are conducted using fixed-wing aircraft and helicopters and encompass principal breeding areas of North America, and cover over 2.0 million square miles. The Traditional survey area comprises Alaska, Canada, and the northcentral United States, and includes approximately 1.3 million square miles. The Eastern survey area includes parts of Ontario, Quebec, Labrador, Newfoundland, Nova Scotia, Prince Edward Island, New Brunswick, New York, and Maine, an area of approximately 0.7 million square miles. Breeding Ground Conditions Despite a very warm winter, breeding waterfowl habitat quality in the United States 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. Habitat conditions on the U.S prairies were more variable than those on the Canadian prairies. The 2006 pond estimate for the northcentral United States (1.6 ± 0.1 million) was similar to last year’s estimate and the long-term average. The total pond estimate (Prairie Canada and United States 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. In the Eastern Survey Area (strata 51– 72), spring-like conditions also arrived early with an early ice break-up and E:\FR\FM\24AUP3.SGM 24AUP3 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules rwilkins on PROD1PC63 with PROPOSAL_3 relatively mild temperatures. Biologists reported that habitat conditions were generally good across most of the survey area. Breeding Population Status In the Waterfowl Breeding Population and Habitat Survey traditional survey area (strata 1–18, 20–50, and 75–77), the total duck population estimate was 36.2 ± 0.6 [SE] million birds. This was 14 percent greater than last year’s estimate of 31.7 ± 0.6 million birds and 9 percent above the 1955–2005 long-term average. Mallard (Anas platyrhynchos) abundance was 7.3 ± 0.2 million birds, which was similar to last year’s estimate of 6.8 ± 0.3 million birds and to the long-term average. Blue-winged teal (A. discors) abundance was 5.9 ± 0.3 million birds. This value was 28 percent greater than last year’s estimate of 4.6 ± 0.2 million birds and 30 percent above the long-term average. The estimated abundance of green-winged teal (A. crecca; 2.6 ± 0.2 million) was 20 percent greater than last year and 39 percent above the long-term average. The estimated number of gadwall (A. strepera; 2.8 ± 0.2 million) was 30 percent greater than last year and was 67 percent above the long-term average, and the estimated number of redheads (Aythya americana; 0.9 ± 0.1 million) increased 55 percent relative to 2005 and was 47 percent above the long-term average. The canvasback estimate (A. valisineria; 0.7 ± 0.1 million) was 33 percent higher than last year’s and was 23 percent higher than the long-term average. The Northern shoveler (Anas clypeata; 3.7 ± 0.2 million) estimate was similar to last year’s, and 69 percent above the long-term average. Although estimates for most species increased relative to last year’s and were greater than their long-term averages, American wigeon (A. americana; 2.2 ± 0.1 million) and scaup (Aythya affinis and A. marila combined; 3.2 ± 0.2 million) estimates were unchanged relative to 2005, but remained 17 percent and 37 percent below their long-term averages, respectively. The estimate for scaup was a record low for the second consecutive year. The Northern pintail (Anas acuta; 3.4 ± 0.2 million) estimate was 18 percent below its 1955–2005 average, although this year’s estimate was 32 percent greater than that of last year. The eastern survey area was restratified in 2005, and is now composed of strata 51–72. Mergansers (red-breasted [Mergus serrator], common [M. merganser], and hooded [Lophodytes cucullatus;]), mallards, American black ducks (A. rubripes), Ringnecked ducks (Aythya collaris), goldeneyes (common [Bucephala VerDate Aug<31>2005 17:51 Aug 23, 2006 Jkt 208001 clangula] and Barrow’s [B. islandica]) and green-winged teal were all similar to their 2005 estimates. American wigeon (¥51 percent) and buffleheads ([B. albeola], ¥58 percent) were lower than their 2005 estimates. None of the species in the eastern survey area differed from long-term averages. Fall Flight Estimate The mid-continent mallard population is composed of mallards from the traditional survey area, Michigan, Minnesota, and Wisconsin, and is 7.9 ± 0.2 million. This is similar to the 2005 estimate of 7.5 ± 0.3 million. The projected mallard fall flight index was 9.8 ± 0.1 million, similar to the 2005 estimate of 9.3 ± 0.1 million birds. These indices were based on revised mid-continent mallard population models, and therefore, differ from those previously published. See section 1.A. Harvest Strategy Considerations for further discussion of the implications of this information for this year’s selection of the appropriate hunting regulations. Status of Geese and Swans We provide information on the population status and productivity of North American Canada geese (Branta canadensis), brant (B. bernicla), snow geese (Chen caerulescens), Ross’ geese (C. rossii), emperor geese (C. canagica), white-fronted geese (Anser albifrons), and tundra swans (Cygnus columbianus). In 2006, the timing of spring snowmelt in important goose and swan nesting areas in most of the Arctic and subarctic was earlier than average. Delayed nesting phenology or reduced nesting effort was indicated for only Alaska’s Yukon Delta, other coastal areas of Alaska, and near the Mackenzie River Delta in the western Canadian Arctic. Primary abundance indices in 2006 increased from 2005 levels for 13 goose populations and decreased for 11 goose populations. Primary abundance indices in 2006 for both populations of tundra swans increased from 2005 levels. The Mississippi Flyway Giant and the Atlantic Canada goose populations, the Western Arctic/ Wrangel Island snow goose population, and the Pacific white-fronted goose population displayed significant positive trends during the most recent 10-year period. The Short Grass Prairie Canada goose and the Mid-continent light goose populations showed significant negative 10-year trends. The forecast for the production of geese and swans in North America in 2006 is generally favorable and improved from that of 2005. PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 50225 Waterfowl Harvest and Hunter Activity During the 2005–06 hunting season, both duck and goose harvest increased from the previous year. U.S. hunters harvested 12,510,800 ducks in 2005–06, compared to 12,385,700 in 2004–05, and they harvested 3,660,700 geese, compared to 3,200,400 geese taken in 2004–05. The five most commonly harvested duck species were mallard (4,466,927), green-winged teal (1,500,479), gadwall (1,363,954), wood duck (1,119,921), and blue-winged/ cinnamon teal (703,534). Review of Public Comments and Flyway Council Recommendations The preliminary proposed rulemaking, which appeared in the April 11, 2006, Federal Register, opened the public comment period for migratory game bird hunting regulations. The supplemental proposed rule, which appeared in the May 30, 2006, Federal Register, discussed the regulatory alternatives for the 2006–07 duck hunting season. Late-season comments are summarized below and numbered in the order used in the April 11 and July 28 Federal Register documents. We have included only the numbered items pertaining to lateseason issues for which we received written comments. Consequently, the issues do not follow in successive numerical or alphabetical order. We received recommendations from all four Flyway Councils. Some recommendations supported continuation of last year’s frameworks. Due to the comprehensive nature of the annual review of the frameworks performed by the Councils, support for continuation of last year’s frameworks is assumed for items for which no recommendations were received. Council recommendations for changes in the frameworks are summarized below. We seek additional information and comments on the recommendations in this supplemental proposed rule. New proposals and modifications to previously described proposals are discussed below. Wherever possible, they are discussed under headings corresponding to the numbered items in the April 11 and July 28, 2006, Federal Register documents. 1. Ducks Categories used to discuss issues related to duck harvest management are: (A) Harvest Strategy Considerations, (B) Regulatory Alternatives, (C) Zones and Split Seasons, and (D) Special Seasons/ Species Management. The categories correspond to previously published E:\FR\FM\24AUP3.SGM 24AUP3 50226 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules issues/discussion, and only those containing substantial recommendations are discussed below. A. Harvest Strategy Considerations Council Recommendations: The Atlantic and Pacific Flyway Councils and the Upper- and Lower-Regulations Committees of the Mississippi Flyway Council recommended the adoption of the ‘‘liberal’’ regulatory alternative. The Central Flyway Council also recommended the ‘‘liberal’’ alternative. However, as part of their Hunter’s Choice experiment, they recommended the following bag limits: rwilkins on PROD1PC63 with PROPOSAL_3 In Colorado, Montana, Nebraska, New Mexico, and Oklahoma, the daily bag limit would be six ducks, with species and sex restrictions as follows: five mallards (no more than two of which may be females), two redheads, two scaup, two wood ducks, one pintail, one mottled duck, and one canvasback. For pintails and canvasbacks, the season length would be 39 days, which may be split according to applicable zones/ split duck hunting configurations approved for each State. In Kansas, North Dakota, South Dakota, Texas, and Wyoming, the daily bag limit would be five ducks, with species and sex restrictions as follows: two scaup, two redheads, and two wood ducks, and only one from the following group—hen mallards, mottled ducks, pintails, canvasbacks. Service Response: We are continuing development of an Adaptive Harvest Management (AHM) protocol that would allow hunting regulations to vary among Flyways in a manner that recognizes each Flyway’s unique breeding-ground derivation of mallards. For the 2006 hunting season, we believe that the prescribed regulatory choice for the Mississippi, Central, and Pacific Flyways should continue to depend on the status of midcontinent mallards. We also recommend that the regulatory choice for the Atlantic Flyway continue to depend on the status of eastern mallards. Investigations of the dynamics of western mallards (and their potential effect on regulations in the West) are continuing; therefore we are not yet prepared to recommend an AHM protocol for this mallard stock. For the 2006 hunting season, we are continuing to consider the same regulatory alternatives as those used last year. The nature of the restrictive, moderate, and liberal alternatives has remained essentially unchanged since 1997, except that extended framework dates have been offered in the moderate and liberal regulatory alternatives since 2002. Also, we agreed in 2003 to place a constraint on closed seasons in the western three Flyways whenever the midcontinent mallard breedingpopulation size (traditional survey area VerDate Aug<31>2005 17:51 Aug 23, 2006 Jkt 208001 plus Minnesota, Michigan, and Wisconsin) is ≥5.5 million. Optimal AHM strategies for the 2006 hunting season were calculated using: (1) Harvest-management objectives specific to each mallard stock; (2) the 2006 regulatory alternatives; and (3) current population models and associated weights for midcontinent and eastern mallards. Based on this year’s survey results of 7.86 million midcontinent mallards (traditional survey area plus Michigan, Minnesota, and Wisconsin), 4.45 million ponds in Prairie Canada, and 899,000 eastern mallards, we believe the appropriate regulatory choice for all four Flyways is the ‘‘liberal’’ alternative. Therefore, we concur with the recommendations of the Atlantic, Mississippi, Central, and Pacific Flyway Councils regarding selection of the ‘‘liberal’’ regulatory alternative and propose to adopt the ‘‘liberal’’ regulatory alternative, as described in the May 30 Federal Register. Regarding Hunter’s Choice, we support the Central Flyway Council’s recommendation to initiate a 3-year evaluation of the Central Flyway’s Hunter’s Choice duck bag limit this year. The Central Flyway’s Hunter’s Choice regulations are intended to limit harvest on pintails and canvasbacks in a manner similar to the season-withina-season regulations. Hunter’s Choice regulations should also reduce harvests of mottled ducks and hen mallards, while maintaining full hunting opportunity on abundant species such as drake mallards. For the species included in the aggregate bag limit, the harvest of one species is intended to ‘‘buffer’’ the harvest of the others, thus reducing the harvest of all species included in the one-bird category. The Central Flyway has accumulated 4 years of baseline information on harvests resulting from ‘‘season-within-a-season’’ regulations in the Central Flyway; the season length for pintails and canvasbacks in season-within-a-season States under the ‘‘liberal’’ alternative will be 39 days. Five States (Kansas, North Dakota, South Dakota, Texas, and Wyoming) have been randomly assigned to Hunter’s Choice regulations and the remaining five States (Colorado, Montana, Nebraska, New Mexico, and Oklahoma) will serve as controls (season-within-a-season regulations) as the evaluation proceeds. The overall duck daily bag limit will be reduced from six to five for the Hunter’s Choice States. Finally, we believe that implementation of this experiment should not preclude any future changes PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 in hunting regulations that may be deemed necessary on an annual basis for any other duck species in the Central Flyway, if such changes are deemed necessary. D. Special Seasons/Species Management iii. Black Ducks Council Recommendations: The Atlantic Flyway Council and the Upperand Lower-Regulations Committees of the Mississippi Flyway Council recommended that black duck harvest regulations remain unchanged for the 2006–07 season, while the Joint Atlantic Flyway—Mississippi Flyway Black Duck Committee continues to work with the Canadian Wildlife Service and the Fish and Wildlife Service to reach consensus on an interim black duck harvest strategy. Service Response: We are proposing no change in the current harvest strategy on black ducks this year until new analyses are completed and evaluated with the United States Geological Survey and the International Black Duck Harvest Strategy Committee. We encourage both the Atlantic and Mississippi Flyway Councils to participate in this process. An important component of any new harvest strategy will be agreement on population objectives and regulatory strategies to inform future harvest-management decisions. iv. Canvasbacks Council Recommendations: The Atlantic and Pacific Flyway Councils and the Upper- and Lower-Region Regulations Committees of the Mississippi Flyway Council recommended a full season for canvasbacks consisting of a 1-bird daily bag limit and a 60-day season in the Atlantic and Mississippi Flyways, and 107-day season in the Pacific Flyway. The Central Flyway Council, as part of their Hunter’s Choice experiment, recommended a full season (74 days) for canvasbacks with a 1-bird daily bag limit in Kansas, North Dakota, South Dakota, Texas, and Wyoming and a 39day season with a 1-bird daily bag limit in Colorado, Montana, Nebraska, New Mexico, and Oklahoma. Service Response: This year’s spring survey resulted in an estimate of 691,000 canvasbacks. This was 33 percent above the 2005 estimate of 520,600 canvasbacks and 23 percent above the 1955–2005 average. The estimate of ponds in Prairie Canada was 4.4 million, which was 13 percent above last year and 32 percent above the longterm average. According to the canvasback harvest strategy, the E:\FR\FM\24AUP3.SGM 24AUP3 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules allowable harvest in the United States is 266,000 birds. Since allowable harvest is larger than the predicted harvest in the United States during a ‘‘liberal’’ duck season (118,900 canvasbacks), a canvasback season spanning the entire length of the 2006–07 regular duck season is supported. Furthermore, we agree with the Central Flyway Council’s recommendation to adopt a 39-day ‘‘season-within-a-season’’ for canvasbacks in Colorado, Montana, Nebraska, New Mexico, and Oklahoma. We understand that this departure from the canvasback strategy is a necessary part of the experimental ‘‘Hunter’s Choice’’ season. rwilkins on PROD1PC63 with PROPOSAL_3 v. Pintails Council Recommendations: The Atlantic and Pacific Flyway Councils and the Upper- and Lower-Region Regulations Committees of the Mississippi Flyway Council recommended a full season for pintails consisting of a 1-bird daily bag limit and a 60-day season in the Atlantic and Mississippi Flyways, and a 107-day season in the Pacific Flyway. The Central Flyway Council, as part of their Hunter’s Choice experiment, recommended a full season (74 days) for pintails with a 1-bird daily bag limit in Kansas, North Dakota, South Dakota, Texas, and Wyoming and a 39-day season with a 1-bird daily bag limit in Colorado, Montana, Nebraska, New Mexico, and Oklahoma. Service Response: During the spring of 2006, each Flyway Council endorsed the incorporation of several technical updates to the modeling framework used in the pintail harvest strategy. Based on these technical updates, along with an observed spring breeding population of 3.39 million, an overflight-bias-corrected breeding population of 4.23 million, and a projected fall flight of 5.34 million pintails, the interim pintail harvest strategy prescribes a full season and a 1bird daily bag limit in all Flyways. Under the ‘‘liberal’’ season length, this regulation is expected to result in a harvest of 569,000 pintails and an observed breeding population estimate of 3.45 million in 2007. Furthermore, we agree with the Central Flyway Council’s recommendation to adopt a 39-day ‘‘season-within-a-season’’ for pintails in Colorado, Montana, Nebraska, New Mexico, and Oklahoma. We understand that this departure from the pintail strategy is a necessary part of the experimental ‘‘Hunter’s Choice’’ season. VerDate Aug<31>2005 17:51 Aug 23, 2006 Jkt 208001 vi. Scaup Council Recommendations: The Atlantic, Central, and Pacific Flyway Councils and the Upper- and LowerRegion Regulations Committees of the Mississippi Flyway Council recommended no changes in scaup harvest regulations for 2006. All the Flyway Councils reiterated their support for the cooperative development of a comprehensive scaup harvest management strategy. Service Response: We are aware that the Flyway Councils and the Service have not made the progress anticipated in the development of a viable strategy to manage harvest that acknowledges the uncertainty about what factors are really influencing scaup numbers, but at the same time provides guidance on what changes in regulations are still appropriate. Although we remain very concerned about the continued decline in scaup numbers and other evidence that this species is not doing well, we are proposing no change in scaup regulations for the 2006–07 hunting season. This decision is made with the firm understanding that a harvest strategy will be available for review this fall. The Service will develop the draft in time for review by the Flyway Councils at their winter meetings. Recommendations regarding the strategy will be expected from the Council meetings next March for consideration during the early-season regulations process. We also are aware that much time and effort have been spent to date by researchers and managers to begin to help identify those factors during the scaup’s annual cycle that are most important in influencing population change and we want this momentum to continue. We also acknowledge that our database on scaup, compared to many other waterfowl species, is limited; and any enhancement of our understanding of scaup population dynamics, which has a direct bearing on the utility of the harvest strategy, will require better information from the field. We encourage the Flyway Councils to work with us to help identify and support additional data-gathering activities for scaup and work with other groups and organizations to ensure that their programs, including existing or new habitat initiatives, can also be aligned to benefit scaup populations. vii. Mottled Ducks We continue to be concerned about the status of the Western Gulf Coast Population of mottled ducks. We recognize that the mottled duck is an PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 50227 integral part of the Central Flyway’s Hunter’s Choice bag-limit experiment, and we support inclusion of the mottled duck among those species with baglimit restriction in the experiment as requested by the Central Flyway Council. However, we want to be clear that if it is determined that further reductions in harvest, or a different approach to harvest reduction, are warranted at any time over the next 3 years, we will make those changes. Thus, the implementation of this experiment will not preclude any future changes in hunting regulations that may be deemed necessary on an annual basis for mottled ducks. We are pleased to see that the Central and Mississippi Flyway Councils and Service staff have initiated the work we requested on an approach to accomplish harvest reductions if reductions are determined to be necessary. We encourage that work to continue. 3. Mergansers Council Recommendations: The Atlantic Flyway Council and Upperand Lower-Region Regulations Committees of the Mississippi Flyway Council recommended that the daily bag limit on hooded mergansers be increased from 1 to 2 birds. Service Response: We support the recommendations of the Atlantic and Mississippi Flyway to increase the bag limit for hooded mergansers from 1 to 2 and note that the survey information suggests this species is increasing throughout its range. Based on this fact, we propose a 2-bird daily bag limit for hooded mergansers in the Atlantic, Mississippi, and Central Flyways. 4. Canada Geese B. Regular Seasons Council Recommendations: The Atlantic Flyway Council forwarded a number of recommendations concerning Canada geese. First, the Council recommended that the framework opening date for the regular Canada goose season in the Lake Champlain Zones of Vermont and New York, the Interior Zone of Vermont, and the Western Zone of Massachusetts be fixed at October 20, beginning in 2006. Regarding the experimental season in Back Bay, Virginia, the Council recommended that the Service allow 1,000 permits to be issued in North Carolina’s Northeast Hunt Unit, that the daily bag limit in Virginia be increased from 1 bird to 2 birds, and that the experimental season in both North Carolina and Virginia be expanded from 15 days to 30 days. Third, the Council recommended that the framework E:\FR\FM\24AUP3.SGM 24AUP3 rwilkins on PROD1PC63 with PROPOSAL_3 50228 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules closing date for North Atlantic Population (NAP) geese in established Low Harvest Zones be extended from January 31 to February 15. Lastly, the Council recommended that the season frameworks for Southern James Bay Population (SJBP) Canada geese in the Pymatuning Zone of Pennsylvania be increased to a 50-day season with framework dates of October 1 to January 31 and a daily bag limit of 2 geese. The Upper- and Lower-Region Regulations Committees of the Mississippi Flyway Council recommended a number of changes in Canada goose seasons lengths and bag limits for several States in the Flyway. These changes are an outgrowth of recent revisions made to Canada goose harvest and population management plans and an evolving Canada goose harvest-management philosophy in the Flyway. The changes in harvest strategies and philosophies are largely driven by the increasing numbers of giant Canada geese in the Flyway and the decreasing importance of interior Canada geese to goose harvest opportunities in the Flyway. It appears that the large numbers of giant Canada geese may be buffering, to some extent, hunting pressure on interior Canada goose populations. These changes will allow States to evaluate the potential of this buffering effect. In keeping with the change in harvest management philosophy for Canada geese in the Flyway, the Council is also recommending to eliminate the requirement for Council and Service approval for States wanting to split their Canada goose seasons into 3 segments, including the requirement for a 3-year evaluation. The Central Flyway Council recommended increasing the season length for Canada geese from 95 to 107 days in the east-tier States of the Flyway. The Pacific Flyway Council recommended the following changes for geese in the Pacific Flyway: 1. Modify the frameworks for Aleutian Canada geese in southwest Oregon and northwest California by: a. Changing season lengths to allow 107 days and changing outside dates to allow seasons until March 10 in Oregon and California in specified zones; b. Redefining Oregon’s Southwest Zone and creating a new South Coast Zone, with same bag limits in both zones; and c. Authorizing a 3-way split season in Oregon’s new South Coast Zone. 2. Remove Grays Harbor County, Washington, from the Southwest Washington Quota Zone. VerDate Aug<31>2005 17:51 Aug 23, 2006 Jkt 208001 3. Increase the dark goose daily bag limit in the Lincoln and Clark County Zone of Nevada from 2 to 3 per day. 4. Eliminate Utah’s Washington County Canada Goose Zone and create a Northern Utah Goose Zone. Service Response: We concur with the Atlantic Flyway Council’s recommendation to change the opening framework date to a fixed date of October 20 in a portion of the Atlantic Population (AP) harvest area provided these changes are consistent with the objectives of the pending AP Management Plan. In addition, we concur with the recommended changes in the number of permits, season length, and bag limits for Back Bay, Virginia, and North Carolina’s Northeast Hunt Unit as allowed in the MOA’s during the 3-year evaluation. Further, we concur with the season framework closing-date extension to February 15 in the Low Harvest Zones for the North Atlantic Population. And, finally, we concur with framework changes recommended for the Pymatuning Zone of Pennsylvania to harvest SJBP Canada geese. With reference to three-way split seasons for Canada geese in the Mississippi Flyway, we concur that the move toward redirection of harvest management from one of managing specific populations of Canada geese toward a more general approach of managing the collective harvest of Canada geese in the Flyway, together with the experience gained to date with three-way splits, eliminates the need for State-by-State approval by the Flyway Council and the Service and a 3-year evaluation. We concur with the Central Flyway’s recommendation to increase the season length from 95 to 107 days for Canada geese in the east tier States. The Tall Grass Prairie and Western Prairie/Great Plains Populations of Canada geese that migrate through and winter in this portion of the Flyway are above population objective levels, therefore the proposed increase in season length will provide additional hunting opportunity on these populations. We also concur with all of the recommendations forwarded by the Pacific Flyway Council. The Service supports the changes proposed and recognizes that the changes in California and Oregon are intended to address increasing depredation problems associated with Aleutian Canada geese. Aleutian Canada geese continue to increase rapidly and currently are above the population objective levels identified in the Flyway management plan. The increased harvest opportunity will help address these depredation PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 concerns in northwest California and southwest Oregon. The other changes proposed for Canada geese in Washington, Utah, and Nevada, are relatively minor boundary changes in harvest zones or bag limit increases that will help address depredation concerns in these States and will not impact the harvest of other Canada goose populations of management concern in the Flyway. 5. White-Fronted Geese Council Recommendations: The Pacific Flyway Council recommended modification of frameworks for whitefronted geese in the Klamath Basin of Oregon and California by: 1. Increasing the white-fronted goose daily bag limit from 2 to 4 in California’s Northeastern Zone; 2. Increasing the white-fronted goose daily bag limit from 3 to 4 in California’s Balance of State Zone (except in the Sacramento Valley Special Management Area); 3. Redefine Oregon’s Harney, Klamath, Lake and Malheur County Zone and create a new zone comprised of just Klamath County; 4. Change the outside dates in the new Klamath County Zone only to extend to March 10; 5. In the Klamath County Zone, late seasons would be for white-fronted geese only with a daily bag limit of 2; 6. Create a 3-way split in Oregon’s new Klamath County Zone. Service Response: We support the recommendations of the Pacific Flyway Council. Pacific white-fronted geese are currently well above population objective levels with this year’s index totaling more than 500,000, well above the population objective of 300,000. Increasing numbers of this population are now staging in the Klamath Basin region of Oregon and California in the spring. These increasing numbers of geese are causing agricultural depredation problems that can be partially addressed by this proposed change in season structure for these geese. We support the use of sport harvest to address these concerns when possible. We will require monitoring and evaluation of these season changes to ensure that no adverse impacts occur on other goose populations of management concern. 6. Brant Council Recommendations: The Pacific Flyway Council recommends increasing the season length for brant in California from 15 to 30 days and increasing the season length in Washington from 8 to 16 days. E:\FR\FM\24AUP3.SGM 24AUP3 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules rwilkins on PROD1PC63 with PROPOSAL_3 Service Response: We concur with the Pacific Flyway Council recommendation to return to the Pacific Brant season frameworks that were in place prior to last year based on the midwinter survey index from last year and consistency with the Flyway Management Plan. However, we reiterate the concern expressed previously about provisions in the management plan that allow frequent changes among the three harvest levels. We request that the Flyway Council review these provisions and consider methods that might reduce the potential frequency of annual changes, such as those we have experienced in the last 2 years. 8. Swans Council Recommendations: The Pacific Flyway Council recommended allowing hunters in Nevada two swan permits per year. Service Response: We concur with the Pacific Flyway Council’s recommendation concerning Nevada. We continue to support the carefully controlled harvest of Tundra swans in the Pacific Flyway States and continue to require careful monitoring of this harvest to insure that only small numbers of Trumpeter swans can be taken during this season. During the past 10 years, Nevada has only harvested one Trumpeter swan in this season. Further, Nevada’s permit allocation would not be increased from that offered in previous years (650). The proposed change that would allow hunters a second permit is consistent with the existing harvest strategy in the Flyway management plan and no increase in Trumpeter swan harvest is expected. Monitoring programs will ensure that the season is closed if the assigned quota of five Trumpeter swans are harvested in the season. Regarding the Eastern Population (EP) of tundra swans, the mid-winter index in 2006 was 74,500 and below the population objective of 80,000 for the second consecutive year. As a result, the 3-year average population index from the mid-winter has declined to 78,100. In accordance with the 1998 Hunt Plan, whenever the 3-year average drops below the population objective for more than one year, permit reductions should be considered. Therefore, we encourage the Flyway Councils to review the current status of EP tundra swans and determine appropriate permit changes prior to the development of the 2007– 08 hunting regulations. Public Comment Invited The Department of the Interior’s policy is, whenever practicable, to VerDate Aug<31>2005 17:51 Aug 23, 2006 Jkt 208001 afford the public an opportunity to participate in the rulemaking process. We intend that adopted final rules be as responsive as possible to all concerned interests and, therefore, seek the comments and suggestions of the public, other concerned governmental agencies, nongovernmental organizations, and other private interests on these proposals. Accordingly, we invite interested persons to submit written comments, suggestions, or recommendations regarding the proposed regulations to the address indicated under ADDRESSES. Special circumstances involved in the establishment of these regulations limit the amount of time that we can allow for public comment. Specifically, two considerations compress the time in which the rulemaking process must operate: (1) The need to establish final rules at a point early enough in the summer to allow affected State agencies to adjust their licensing and regulatory mechanisms; and (2) the unavailability, before mid-June, of specific, reliable data on this year’s status of some waterfowl and migratory shore and upland game bird populations. Therefore, we believe that to allow comment periods past the dates specified in DATES is contrary to the public interest. Before promulgation of final migratory game bird hunting regulations, we will take into consideration all comments received. Such comments, and any additional information received, may lead to final regulations that differ from these proposals. You may inspect comments received on the proposed annual regulations during normal business hours at the Service’s office in room 4107, 4501 North Fairfax Drive, Arlington, Virginia. For each series of proposed rulemakings, we will establish specific comment periods. We will consider, but possibly may not respond in detail to, each comment. However, as in the past, we will summarize all comments received during the comment period and respond to them in the final rule. NEPA Consideration NEPA considerations are covered by the programmatic document ‘‘Final Supplemental Environmental Impact Statement: Issuance of Annual Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88– 14),’’ filed with the Environmental Protection Agency on June 9, 1988. We published 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 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 50229 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 new Supplemental Environmental Impact Statement for the migratory bird hunting program. Public scoping meetings were held in the spring of 2006, as 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 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 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 E:\FR\FM\24AUP3.SGM 24AUP3 50230 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules 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. rwilkins on PROD1PC63 with PROPOSAL_3 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 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 VerDate Aug<31>2005 17:51 Aug 23, 2006 Jkt 208001 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. 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 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 Statements of Energy Effects when undertaking certain actions. While this proposed rule is a significant regulatory action under Executive Order 12866, it is not expected to adversely affect energy supplies, distribution, or use. Therefore, this action is not a significant energy action and no Statement of Energy Effects is required. 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 E:\FR\FM\24AUP3.SGM 24AUP3 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules 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. 742 a–j. Dated: August 11, 2006. David M. Verhey, Acting Assistant Secretary for Fish and Wildlife and Parks. Proposed Regulations Frameworks for 2006–07 Late Hunting Seasons on Certain Migratory Game Birds Pursuant to the Migratory Bird Treaty Act and delegated authorities, the Department has approved frameworks for season lengths, shooting hours, bag and possession limits, and outside dates within which States may select seasons for hunting waterfowl and coots between the dates of September 1, 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 rwilkins on PROD1PC63 with PROPOSAL_3 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, VerDate Aug<31>2005 17:51 Aug 23, 2006 Jkt 208001 Texas, and Wyoming (east of the Continental Divide). Pacific Flyway—includes Alaska, Arizona, California, Idaho, Nevada, Oregon, Utah, Washington, and those portions of Colorado, Montana, New Mexico, and Wyoming not included in the Central Flyway. Management Units High Plains Mallard Management Unit—roughly defined as that portion of the Central Flyway that lies west of the 100th meridian. Definitions: For the purpose of hunting regulations listed below, the collective terms ‘‘dark’’ and ‘‘light’’ geese include the following species: Dark geese: Canada geese, whitefronted geese, brant, and all other goose species except light geese. Light geese: snow (including blue) geese and Ross’ geese. Area, Zone, and Unit Descriptions: Geographic descriptions related to lateseason regulations are contained in a later portion of this document. Area-Specific Provisions: Frameworks for open seasons, season lengths, bag and possession limits, and other special provisions are listed below by Flyway. Compensatory Days in the Atlantic Flyway: In the Atlantic Flyway States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Jersey, North Carolina, Pennsylvania, and Virginia, where Sunday hunting is prohibited statewide by State law, all Sundays are closed to all take of migratory waterfowl (including mergansers and coots). Atlantic Flyway Ducks, Mergansers, and Coots Outside Dates: Between the Saturday nearest September 24 (September 23) and the last Sunday in January (January 28). Hunting Seasons and Duck Limits: 60 days. The daily bag limit is 6 ducks, including no more than 4 mallards (2 hens), 2 scaup, 1 black duck, 1 pintail, 1 canvasback, 1 mottled duck, 1 fulvous whistling duck, 2 wood ducks, 2 redheads, and 4 scoters. Closures: The season on harlequin ducks is closed. Sea Ducks: Within the special sea duck areas, during the regular duck season in the Atlantic Flyway, States may choose to allow the above sea duck limits in addition to the limits applying to other ducks during the regular duck season. In all other areas, sea ducks may be taken only during the regular open season for ducks and are part of the regular duck season daily bag (not to exceed 4 scoters) and possession limits. PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 50231 Merganser Limits: The daily bag limit of mergansers is 5, only 2 of which may be a hooded merganser. In States that include mergansers in the duck bag limit, the daily limit is the same as the duck bag limit, only two of which may be hooded mergansers. Coot Limits: The daily bag limit is 15 coots. Lake Champlain Zone, New York: The waterfowl seasons, limits, and shooting hours shall be the same as those selected for the Lake Champlain Zone of Vermont. Connecticut River Zone, Vermont: The waterfowl seasons, limits, and shooting hours shall be the same as those selected for the Inland Zone of New Hampshire. Zoning and Split Seasons: Delaware, Florida, Georgia, Maryland, North Carolina, Rhode Island, South Carolina, and Virginia may split their seasons into three segments; Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Vermont, and West Virginia may select hunting seasons by zones and may split their seasons into two segments in each zone. Canada Geese Season Lengths, Outside Dates, and Limits: Specific regulations for Canada geese are shown below by State. These seasons also include white-fronted geese. Unless specified otherwise, seasons may be split into two segments. In areas within States where the framework closing date for Atlantic Population (AP) goose seasons overlaps with special late-season frameworks for resident geese, the framework closing date for AP goose seasons is January 14. Connecticut: North Atlantic Population (NAP) Zone: Between October 1 and January 31, a 60-day season may be held with a 2-bird daily bag limit in the H Unit; and between October 1 and February 15, a 70-day season with a 3-bird daily bag in the L Unit. Atlantic Population (AP) Zone: A 45day season may be held between the fourth Saturday in October (October 28) and January 31, with a 3-bird daily bag limit. South Zone: A special season may be held between January 15 and February 15, with a 5-bird daily bag limit. Delaware: A 45-day season may be held between November 15 and January 31, with a 2-bird daily bag limit. Florida: A 70-day season may be held between November 15 and February 15, with a 5-bird daily bag limit. Georgia: In specific areas, a 70-day season may be held between November E:\FR\FM\24AUP3.SGM 24AUP3 rwilkins on PROD1PC63 with PROPOSAL_3 50232 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules 15 and February 15, with a 5-bird daily bag limit. Maine: A 60-day season may be held Statewide between October 1 and January 31, with a 2-bird daily bag limit. Maryland: Resident Population (RP) Zone: A 70-day season may be held between November 15 and February 15, with a 5-bird daily bag limit. AP Zone: A 45-day season may be held between November 15 and January 31, with a 2-bird daily bag limit. Massachusetts: NAP Zone: A 60-day season may be held between October 1 and January 31, with a 2-bird daily bag limit. Additionally, a special season may be held from January 15 to February 15, with a 5-bird daily bag limit. AP Zone: A 45-day season may be held between October 20 and January 31, with a 3-bird daily bag limit. New Hampshire: A 60-day season may be held statewide between October 1 and January 31, with a 2-bird daily bag limit. New Jersey: Statewide: A 45-day season may be held between the fourth Saturday in October (October 28) and January 31, with a 3-bird daily bag limit. Special Late Goose Season Area: An experimental season may be held in designated areas of North and South New Jersey from January 15 to February 15, with a 5-bird daily bag limit. New York: NAP Zone: Between October 1 and January 31, a 60-day season may be held, with a 2-bird daily bag limit in the High Harvest areas; and between October 1 and February 15, a 70-day season may be held, with a 3bird daily bag limit in the Low Harvest areas. Special Late Goose Season Area: An experimental season may be held between January 15 and February 15, with a 5-bird daily bag limit in designated areas of Chemung, Delaware, Tioga, Broome, Sullivan, Westchester, Nassau, Suffolk, Orange, Dutchess, Putnam, and Rockland Counties. AP Zone: A 45-day season may be held between the fourth Saturday in October (October 28), except in the Lake Champlain Area where the opening date is October 20, and January 31, with a 3bird daily bag limit. RP Zone: A 70-day season may be held between the fourth Saturday in October (October 28) and February 15, with a 5-bird daily bag limit. North Carolina: SJBP Zone: A 70-day season may be held between October 1 and December 31, with a 2-bird daily bag limit. RP Zone: A 70-day season may be held between October 1 and February 15, with a 5-bird daily bag limit. VerDate Aug<31>2005 17:51 Aug 23, 2006 Jkt 208001 Northeast Hunt Unit: A 30-day experimental season (1,000 permits) may be held concurrent with the season selected for the Back Bay Area of Virginia. The seasonal bag limit is 1 bird. Pennsylvania: SJBP Zone: A 70-day season may be held between the second Saturday in October (October 14) and February 15, with a 2-bird daily bag limit until January 14 and a 5-bird daily bag limit between January 15 and February 15. Pymatuning Zone: A 50-day season may be held between October 1 and January 31, with a 2-bird daily bag limit. RP Zone: A 70-day season may be held between November 15 and February 15, with a 5-bird daily bag limit. AP Zone: A 45-day season may be held between the fourth Saturday in October (October 28) and January 31, with a 3-bird daily bag limit. Special Late Goose Season Area: An experimental season may be held from January 15 to February 15, with a 5-bird daily bag limit. Rhode Island: A 60-day season may be held between October 1 and January 31, with a 2-bird daily bag limit. An experimental season may be held in designated areas from January 15 to February 15, with a 5-bird daily bag limit. South Carolina: In designated areas, a 70-day season may be held during November 15 to February 15, with a 5bird daily bag limit. Vermont: A 45-day season may be held between the fourth Saturday in October (October 28), except in the Lake Champlain Area where the opening date is October 20, and January 31, with a 3bird daily bag limit. Virginia: SJBP Zone: A 40-day season may be held between November 15 and January 14, with a 2-bird daily bag limit. Additionally, an experimental season may be held between January 15 and February 15, with a 5-bird daily bag limit. AP Zone: A 45-day season may be held between November 15 and January 31, with a 2-bird daily bag limit. RP Zone: A 70-day season may be held between November 15 and February 15, with a 5-bird daily bag limit. Back Bay Area: A 30-day experimental season may be held between December 25 and January 28 in the AP Zone with a 2-bird daily bag limit. West Virginia: A 70-day season may be held between October 1 and January 31, with a 3-bird daily bag limit. PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 Light Geese Season Lengths, Outside Dates, and Limits: States may select a 107-day season between October 1 and March 10, with a 15-bird daily bag limit and no possession limit. States may split their seasons into three segments, except in Delaware and Maryland, where, following the completion of their duck season, and until March 10, Delaware and Maryland may split the remaining portion of the season to allow hunting on Mondays, Wednesdays, Fridays, and Saturdays only. Brant Season Lengths, Outside Dates, and Limits: States may select a 30-day season between the Saturday nearest September 24 (September 23) and January 31, with a 2-bird daily bag limit. States may split their seasons into two segments. Mississippi Flyway Ducks, Mergansers, and Coots Outside Dates: Between the Saturday nearest September 24 (September 23) and the last Sunday in January (January 28). Hunting Seasons and Duck Limits: The season may not exceed 60 days, with a daily bag limit of 6 ducks, including no more than 4 mallards (no more than 2 of which may be females), 3 mottled ducks, 2 scaup, 1 black duck, 1 pintail, 1 canvasback, 2 wood ducks, and 2 redheads. Merganser Limits: The daily bag limit is 5, only 2 of which may be hooded mergansers. In States that include mergansers in the duck bag limit, the daily limit is the same as the duck bag limit, only 2 of which may be hooded mergansers. Coot Limits: The daily bag limit is 15 coots. Zoning and Split Seasons: Alabama, Arkansas, Illinois, Indiana, Iowa, Kentucky, Louisiana, Michigan, Minnesota, Missouri, Ohio, Tennessee, and Wisconsin may select hunting seasons by zones. In Alabama, Arkansas, Indiana, Iowa, Kentucky, Louisiana, Michigan, Minnesota, Ohio, Tennessee, and Wisconsin, the season may be split into two segments in each zone. In Mississippi, the season may be split into three segments. Geese Split Seasons: Seasons for geese may be split into three segments. Season Lengths, Outside Dates, and Limits: States may select seasons for light geese not to exceed 107 days, with 20 geese daily between the Saturday E:\FR\FM\24AUP3.SGM 24AUP3 rwilkins on PROD1PC63 with PROPOSAL_3 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules nearest September 24 (September 23) and March 10; for white-fronted geese not to exceed 72 days with 2 geese daily or 86 days with 1 goose daily between the Saturday nearest September 24 (September 23) and the Sunday nearest February 15 (February 18); and for brant not to exceed 70 days, with 2 brant daily or 107 days with 1 brant daily between the Saturday nearest September 24 (September 23) and January 31. There is no possession limit for light geese. Specific regulations for Canada geese and exceptions to the above general provisions are shown below by State. Except as noted below, the outside dates for Canada geese are the Saturday nearest September 24 (September 23) and January 31. Alabama: In the SJBP Goose Zone, the season for Canada geese may not exceed 50 days. Elsewhere, the season for Canada geese may extend for 70 days in the respective duck-hunting zones. The daily bag limit is 2 Canada geese. Arkansas: In the Northwest Zone, the season for Canada geese may extend for 33 days, provided that one segment of at least 9 days occurs prior to October 15. In the remainder of the State, the season may not exceed 23 days. The season may extend to February 15, and may be split into 2 segments. The daily bag limit is 2 Canada geese. Illinois: The season for Canada geese may extend for 79 days in the North and Central Zones and 57 days in the South Zone. The daily bag limit is 2 Canada geese. Indiana: The season for Canada geese may extend for 70 days, except in the SJBP Zone, where the season may not exceed 50 days. The daily bag limit is 2 Canada geese. Iowa: The season for Canada geese may extend for 90 days. The daily bag limit is 2 Canada geese. Kentucky: (a) Western Zone—The season for Canada geese may extend for 67 days (82 days in Fulton County). The season in Fulton County may extend to February 15. The daily bag limit is 2 Canada geese. (b) Pennyroyal/Coalfield Zone—The season may extend for 50 days. The daily bag limit is 2 Canada geese. (c) Remainder of the State—The season may extend for 50 days. The daily bag limit is 2 Canada geese. Louisiana: The season for Canada geese may extend for 16 days. During the season, the daily bag limit is 1 Canada goose and 2 white-fronted geese with a 72-day white-fronted goose season or 1 white-fronted goose with an 86-day season. Hunters participating in the Canada goose season must possess a special permit issued by the State. VerDate Aug<31>2005 17:51 Aug 23, 2006 Jkt 208001 Michigan: (a) MVP—Upper and Lower Peninsula Zones—The total harvest of Canada geese will be limited to 82,600 birds for these zones combined. The framework opening date for all geese is September 16 and the season for Canada geese may extend for 50 days. The daily bag limit is 2 Canada geese. (1) Allegan County GMU—The Canada goose season will close after 50 days or when 3,000 birds have been harvested, whichever occurs first. The daily bag limit is 2 Canada geese. (2) Muskegon Wastewater GMU—The Canada goose season will close after 50 days or when 1,000 birds have been harvested, whichever occurs first. The daily bag limit is 2 Canada geese. (b) SJBP Zone—The framework opening date for all geese is September 16 and the season for Canada geese may extend for 30 days. The daily bag limit is 2 Canada geese. (1) Saginaw County GMU—The Canada goose season will close after 50 days or when 2,000 birds have been harvested, whichever occurs first. The daily bag limit is 1 Canada goose. (2) Tuscola/Huron GMU—The Canada goose season will close after 50 days or when 750 birds have been harvested, whichever occurs first. The daily bag limit is 1 Canada goose. (c) Southern Michigan GMU—A 30day special Canada goose season may be held between December 31 and February 7. The daily bag limit may not exceed 5 Canada geese. (d) Central Michigan GMU—A 30-day special Canada goose season may be held between December 31 and February 7. The daily bag limit may not exceed 5 Canada geese. Minnesota: (a) West Zone. (1) West Central Zone—The season for Canada geese may extend for 40 days. The daily bag limit is 2 Canada geese. (2) Remainder of West Zone—The season for Canada geese may extend for 60 days. The daily bag limit is 2 Canada geese. (b) Remainder of the State—The season for Canada geese may extend for 70 days. The daily bag limit is 2 Canada geese. (c) Special Late Canada Goose Season—A special Canada goose season of up to 10 days may be held in December, except in the West Central Goose zone. During the special season, the daily bag limit is 5 Canada geese, except in the Southeast Goose Zone, where the daily bag limit is 2. Mississippi: The season for Canada geese may extend for 70 days. The daily bag limit is 3 Canada geese. Missouri: The season for Canada geese may extend for 79 days and may be split into 3 segments provided that at least 1 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 50233 segment of at least 9 days occurs prior to October 16. The daily bag limit is 3 Canada geese through October 15 and 2 Canada geese thereafter. Ohio: The season for Canada geese may extend for 60 days in the respective duck-hunting zones, with a daily bag limit of 2 Canada geese, except in the Lake Erie SJBP Zone, where the season may not exceed 40 days and the daily bag limit is 2 Canada geese. A special Canada goose season of up to 22 days, beginning the first Saturday after January 10, may be held in the following Counties: Allen (north of U.S. Highway 30), Fulton, Geauga (north of Route 6), Henry, Huron, Lucas (Lake Erie Zone closed), Seneca, and Summit (Lake Erie Zone closed). During the special season, the daily bag limit is 2 Canada geese. Tennessee: (a) Northwest Zone—The season for Canada geese may not exceed 72 days, and may extend to February 15. The daily bag limit is 2 Canada geese. (b) Southwest Zone—The season for Canada geese may extend for 59 days, at least 9 of which must occur before Oct. 16. The daily bag limit is 2 Canada geese. (c) Kentucky/Barkley Lakes Zone— The season for Canada geese may extend for 59 days, at least 9 of which must occur before Oct. 16. The daily bag limit is 2 Canada geese. (d) Remainder of the State—The season for Canada geese may extend for 70 days. The daily bag limit is 2 Canada geese. Wisconsin: The total harvest of Canada geese in the State will be limited to 131,100 birds. (a) Horicon Zone7mdash;The framework opening date for all geese is September 16. The harvest of Canada geese is limited to 27,000 birds. The season may not exceed 92 days. All Canada geese harvested must be tagged. The daily bag limit is 2 Canada geese, and the season limit will be the number of tags issued to each permittee. (b) Collins Zone—The framework opening date for all geese is September 16. The harvest of Canada geese is limited to 1,500 birds. The season may not exceed 65 days. All Canada geese harvested must be tagged. The daily bag limit is 2 Canada geese, and the season limit will be the number of tags issued to each permittee. (c) Exterior Zone—The framework opening date for all geese is September 16. The harvest of Canada geese is limited to 102,600 birds, 500 of which are allocated to the Mississippi River Subzone. The season may not exceed 92 days, except in the Mississippi River Subzone, where the season may not exceed 72 days. The daily bag limit is 2 Canada geese. In that portion of the E:\FR\FM\24AUP3.SGM 24AUP3 50234 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules Exterior Zone outside the Mississippi River Subzone, the progress of the harvest must be monitored, and the season closed, if necessary, to ensure that the harvest does not exceed 102,100 birds. Additional Limits: In addition to the harvest limits stated for the respective zones above, an additional 4,500 Canada geese may be taken in the Horicon Zone under special agricultural permits. Quota Zone Closures: When it has been determined that the quota of Canada geese allotted to the Allegan County, Muskegon Wastewater, Saginaw County, and Tuscola/Huron Goose Management Units in Michigan and the Exterior Zone in Wisconsin will have been filled, the season for taking Canada geese in the respective unit/zone will be closed, either by the Director upon giving public notice through local information media at least 48 hours in advance of the time and date of closing, or by the State through State regulations with such notice and time (not less than 48 hours) as they deem necessary. rwilkins on PROD1PC63 with PROPOSAL_3 Central Flyway Ducks, Mergansers, and Coots Outside Dates: Between the Saturday nearest September 24 (September 23) and the last Sunday in January (January 28). Hunting Seasons: (1) High Plains Mallard Management Unit (roughly defined as that portion of the Central Flyway which lies west of the 100th meridian): 97 days. The last 23 days may start no earlier than the Saturday nearest December 10 (December 9). (2) Remainder of the Central Flyway: 74 days. Bag Limits: (1) Colorado, Montana, Nebraska, New Mexico, and Oklahoma: The daily bag limit is 6 ducks, with species and sex restrictions as follows: 5 mallards (no more than 2 of which may be females), 2 redheads, 2 scaup, 2 wood ducks, 1 pintail, 1 mottled duck, and 1 canvasback. For pintails and canvasbacks, the season length would be 39 days, which may be split according to applicable zones/split duck hunting configurations approved for each State. A single canvasback and pintail may also be included in the 6bird daily bag limit for designated youth-hunt days. (2) Kansas, North Dakota, South Dakota, Texas, and Wyoming: The daily bag limit is 5 ducks, with species and sex restrictions as follows: 2 scaup, 2 redheads, and 2 wood ducks, and only 1 duck from the following group—hen mallard, mottled duck, pintail, canvasback. Merganser Limits: The daily bag limit is 5 mergansers, only 2 of which may be VerDate Aug<31>2005 17:51 Aug 23, 2006 Jkt 208001 a hooded merganser. In States that include mergansers in the duck daily bag limit, the daily limit may be the same as the duck bag limit, only two of which may be hooded mergansers. Coot Limits: The daily bag limit is 15 coots. Zoning and Split Seasons: Kansas (Low Plains portion), Montana, Nebraska (Low Plains portion), New Mexico, Oklahoma (Low Plains portion), South Dakota (Low Plains portion), Texas (Low Plains portion), and Wyoming may select hunting seasons by zones. In Kansas, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota, Texas, and Wyoming, the regular season may be split into two segments. In Colorado, the season may be split into three segments. Geese Split Seasons: Seasons for geese may be split into three segments. Three-way split seasons for Canada geese require Central Flyway Council and U.S. Fish and Wildlife Service approval, and a 3year evaluation by each participating State. Outside Dates: For dark geese, seasons may be selected between the outside dates of the Saturday nearest September 24 (September 23) and the Sunday nearest February 15 (February 18). For light geese, outside dates for seasons may be selected between the Saturday nearest September 24 (September 23) and March 10. In the Rainwater Basin Light Goose Area (East and West) of Nebraska, temporal and spatial restrictions that are consistent with the late-winter snow goose hunting strategy cooperatively developed by the Central Flyway Council and the Service are required. Season Lengths and Limits: Light Geese: States may select a light goose season not to exceed 107 days. The daily bag limit for light geese is 20 with no possession limit. Dark Geese: In Kansas, Nebraska, North Dakota, Oklahoma, South Dakota, and the Eastern Goose Zone of Texas, States may select a season for Canada geese (or any other dark goose species except white-fronted geese) not to exceed 107 days with a daily bag limit of 3. Additionally, in the Eastern Goose Zone of Texas, an alternative season of 107 days with a daily bag limit of 1 Canada goose may be selected. For white-fronted geese, these States may select either a season of 72 days with a bag limit of 2 or a 86-day season with a bag limit of 1. In South Dakota, for Canada geese in the Big Stone Power Plant Area of PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 Canada Goose Unit 3, the daily bag limit is 3 until November 30, and 2 thereafter. In Montana, New Mexico and Wyoming, States may select seasons not to exceed 107 days. The daily bag limit for dark geese is 5 in the aggregate. In Colorado, the season may not exceed 95 days. The daily bag limit is 3 dark geese in the aggregate. In the Western Goose Zone of Texas, the season may not exceed 95 days. The daily bag limit for Canada geese (or any other dark goose species except whitefronted geese) is 3. The daily bag limit for white-fronted geese is 1. Pacific Flyway Ducks, Mergansers, Coots, Common Moorhens, and Purple Gallinules Hunting Seasons and Duck Limits: Concurrent 107 days. The daily bag limit is 7 ducks and mergansers, including no more than 2 female mallards, 1 pintail, 1 canvasback, 3 scaup, and 2 redheads. The season on coots and common moorhens may be between the outside dates for the season on ducks, but not to exceed 107 days. Coot, Common Moorhen, and Purple Gallinule Limits: The daily bag and possession limits of coots, common moorhens, and purple gallinules are 25, singly or in the aggregate. Outside Dates: Between the Saturday nearest September 24 (September 23) and the last Sunday in January (January 28). Zoning and Split Seasons: Arizona, California, Idaho, Nevada, Oregon, Utah, and Washington may select hunting seasons by zones. Arizona, California, Idaho, Nevada, Oregon, Utah, and Washington may split their seasons into two segments. Colorado, Montana, New Mexico, and Wyoming may split their seasons into three segments. Colorado River Zone, California: Seasons and limits shall be the same as seasons and limits selected in the adjacent portion of Arizona (South Zone). Geese Season Lengths, Outside Dates, and Limits: California, Oregon, and Washington: Except as subsequently noted, 100-day seasons may be selected, with outside dates between the Saturday nearest October 1 (September 30), and the last Sunday in January (January 28). Basic daily bag limits are 4 light geese and 4 dark geese, except in California, Oregon, and Washington, where the dark goose bag limit does not include brant. In Oregon’s South Coast Zone and California’s North Coast Special E:\FR\FM\24AUP3.SGM 24AUP3 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules October 1 (September 30), and March 10. A 3-way split season may be selected. The daily dark goose bag limit is 4 dark geese and 4 white geese except for hunting days that occur after the last Sunday in January when only whitefronted geese may be taken with a daily bag limit of two. Northwest Special Permit Zone: Except for designated areas, there will be no open season on Canada geese. In the designated areas, individual quotas will be established that collectively will not exceed 165 dusky geese. See section on quota zones. In those designated areas, the daily bag limit of dark geese is 4 including not more than 2 cackling or Aleutian geese. Closed Zone: All of Tillamook County. South Coast Zone: The daily dark goose bag limit is 4 including cackling and Aleutian geese. Southwest Zone: The daily dark goose bag limit is 4 including cackling and Aleutian geese. Brant Season Washington: The daily bag limit is 4 Oregon may select a 16-day season, geese. A 107-day season may be selected Washington a 16-day season, and in Areas 4 and 5 (eastern Washington). Southwest Quota Zone: In the California a 30-day season. Days must Southwest Quota Zone, except for be consecutive. Washington and designated areas, there will be no open California may select hunting seasons season on Canada geese. In the by up to two zones. The daily bag limit designated areas, individual quotas will is 2 brant and is in addition to dark be established that collectively will not goose limits. In Oregon and California, exceed 85 dusky geese. See section on the brant season must end no later than quota zones. In this area, the daily bag December 15. Arizona: The daily bag limit for dark limit may include 2 cackling geese. In geese is 3. Southwest Quota Zone Area 2B (Pacific California: Northeastern Zone: The County), the daily bag limit may include daily bag limit is 4 geese and may 1 Aleutian goose. include no more than 1 cackling Canada Colorado: The daily bag limit for dark goose or 1 Aleutian Canada goose. geese is 3 geese. Southern Zone: In the Imperial Idaho: The daily bag limit is 4 geese. Nevada: The daily bag limit for dark County Special Management Area, light geese is 3. geese only may be taken from the end New Mexico: The daily bag limit for of the general goose hunting season dark geese is 3. through the first Sunday in February Utah: The daily bag limit for dark (February 5). Balance-of-the-State Zone: Limits may geese is 3. not include more than 4 geese per day. Quota Zones In the Sacramento Valley Special Seasons on dark geese must end upon Management Area (West), the season on attainment of individual quotas of white-fronted geese must begin no earlier than the last Saturday in October dusky geese allotted to the designated areas of Oregon and Washington. The and end on or before December 14, and the daily bag limit shall contain no more September Canada goose season, the regular goose season, any special late than 2 white-fronted geese. dark goose season, and any extended Oregon: Except as subsequently falconry season, combined, must not noted, the dark goose daily bag limit is 4, including not more than 1 cackling or exceed 107 days, and the established quota of dusky geese must not be Aleutian goose. exceeded. Hunting of dark geese in Harney, Lake, and Malheur County those designated areas will only be by Zone: For Lake County only, the daily hunters possessing a State-issued permit dark goose bag limit may not include authorizing them to do so. In a Servicemore than 2 white-fronted geese. approved investigation, the State must Klamath County Zone: A 107-day obtain quantitative information on season may be selected, with outside hunter compliance of those regulations dates between the Saturday nearest rwilkins on PROD1PC63 with PROPOSAL_3 Management Area, 107-day seasons may be selected, with outside dates between the Saturday nearest October 1 (September 30) and March 10. Hunting days that occur after the last Sunday in January shall be concurrent in both zones. A 3-way split season may be selected in Oregon’s Southwest Zone. Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Wyoming: Except as subsequently noted, 107-day seasons may be selected, with outside dates between the Saturday nearest September 24 (September 23), and the last Sunday in January (January 28). Basic daily bag limits are 4 light geese and 4 dark geese. Split Seasons: Unless otherwise specified, seasons for geese may be split into up to 3 segments. Three-way split seasons for Canada geese and whitefronted geese require Pacific Flyway Council and U.S. Fish and Wildlife Service approval and a 3-year evaluation by each participating State. VerDate Aug<31>2005 17:51 Aug 23, 2006 Jkt 208001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 50235 aimed at reducing the take of dusky geese. If the monitoring program cannot be conducted, for any reason, the season must immediately close. In the designated areas of the Washington Southwest Quota Zone, a special late dark goose season may be held between the Saturday following the close of the general goose season and March 10. In the Northwest Special Permit Zone of Oregon, the framework closing date is extended to the Sunday closest to March 1 (March 4). Regular dark goose seasons may be split into 3 segments within the Oregon and Washington quota zones. The daily bag limit for dark geese is 3. Swans In portions of the Pacific Flyway (Montana, Nevada, and Utah), an open season for taking a limited number of swans may be selected. Permits will be issued by the State and will authorize each permittee to take no more than 1 swan per season with each permit. Nevada may issue up to 2 permits per hunter. Montana and Utah may only issue 1 permit per hunter. Each State’s season may open no earlier than the Saturday nearest October 1 (September 30). These seasons are also subject to the following conditions: Montana: No more than 500 permits may be issued. The season must end no later than December 1. The State must implement a harvest-monitoring program to measure the species composition of the swan harvest and should use appropriate measures to maximize hunter compliance in reporting bill measurement and color information. Utah: No more than 2,000 permits may be issued. During the swan season, no more than 10 trumpeter swans may be taken. The season must end no later than the second Sunday in December (December 10) or upon attainment of 10 trumpeter swans in the harvest, whichever occurs earliest. The Utah season remains subject to the terms of the Memorandum of Agreement entered into with the Service in August 2001, regarding harvest monitoring, season closure procedures, and education requirements to minimize the take of trumpeter swans during the swan season. Nevada: No more than 650 permits may be issued. During the swan season, no more than 5 trumpeter swans may be taken. The season must end no later than the Sunday following January 1 (January 7) or upon attainment of 5 trumpeter swans in the harvest, whichever occurs earliest. In addition, the States of Utah and Nevada must implement a harvestmonitoring program to measure the E:\FR\FM\24AUP3.SGM 24AUP3 50236 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules species composition of the swan harvest. The harvest-monitoring program must require that all harvested swans or their species-determinant parts be examined by either State or Federal biologists for the purpose of species classification. The States should use appropriate measures to maximize hunter compliance in providing bagged swans for examination. Further, the States of Montana, Nevada, and Utah must achieve at least an 80-percent compliance rate, or subsequent permits will be reduced by 10 percent. All three States must provide to the Service by June 30, 2007, a report detailing harvest, hunter participation, reporting compliance, and monitoring of swan populations in the designated hunt areas. Tundra Swans In portions of the Atlantic Flyway (North Carolina and Virginia) and the Central Flyway (North Dakota, South Dakota [east of the Missouri River], and that portion of Montana in the Central Flyway), an open season for taking a limited number of tundra swans may be selected. Permits will be issued by the States that authorize the take of no more than 1 tundra swan per permit. A second permit may be issued to hunters from unused permits remaining after the first drawing. The States must obtain harvest and hunter participation data. These seasons are also subject to the following conditions: In the Atlantic Flyway: —The season is experimental. —The season may be 90 days, from October 1 to January 31. —In North Carolina, no more than 5,000 permits may be issued. —In Virginia, no more than 600 permits may be issued. In the Central Flyway: —The season may be 107 days, from the Saturday nearest October 1 (September 30) to January 31. —In the Central Flyway portion of Montana, no more than 500 permits may be issued. —In North Dakota, no more than 2,200 permits may be issued. —In South Dakota, no more than 1,300 permits may be issued. rwilkins on PROD1PC63 with PROPOSAL_3 Area, Unit, and Zone Descriptions Ducks (Including Mergansers) and Coots Atlantic Flyway Connecticut North Zone: That portion of the State north of I–95. South Zone: Remainder of the State. VerDate Aug<31>2005 17:51 Aug 23, 2006 Jkt 208001 Maine North Zone: That portion north of the line extending east along Maine State Highway 110 from the New Hampshire and Maine State line to the intersection of Maine State Highway 11 in Newfield; then north and east along Route 11 to the intersection of U.S. Route 202 in Auburn; then north and east on Route 202 to the intersection of Interstate Highway 95 in Augusta; then north and east along I–95 to Route 15 in Bangor; then east along Route 15 to Route 9; then east along Route 9 to Stony Brook in Baileyville; then east along Stony Brook to the United States border. South Zone: Remainder of the State. Massachusetts Western Zone: That portion of the State west of a line extending south from the Vermont State line 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 State line. Central Zone: That portion of the State east of the Berkshire Zone and west of a line extending south from the New Hampshire State line 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 State line; except the waters, and the lands 150 yards inland from the highwater mark, of the Assonet River upstream to the MA 24 bridge, and the Taunton River upstream to the Center St.-Elm St. bridge shall be in the Coastal Zone. Coastal Zone: That portion of Massachusetts east and south of the Central Zone. New Hampshire Coastal Zone: That portion of the State east of a line extending west from the Maine State line in Rollinsford on NH 4 to the city of Dover, south to NH 108, south along NH 108 through Madbury, Durham, and Newmarket to NH 85 in Newfields, south to NH 101 in Exeter, east to NH 51 (ExeterHampton Expressway), east to I–95 (New Hampshire Turnpike) in Hampton, and south along I–95 to the Massachusetts State line. Inland Zone: That portion of the State north and west of the above boundary and along the Massachusetts State line crossing the Connecticut River to Interstate 91 and northward in Vermont to Route 2, east to 102, northward to the Canadian border. New Jersey Coastal Zone: That portion of the State seaward of a line beginning at the New York State line in Raritan Bay and PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 extending west along the New York State line to NJ 440 at Perth Amboy; west on NJ 440 to the Garden State Parkway; south on the Garden State Parkway to the shoreline at Cape May and continuing to the Delaware State line in Delaware Bay. North Zone: That portion of the State west of the Coastal Zone and north of a line extending west from the Garden State Parkway on NJ 70 to the New Jersey Turnpike, north on the turnpike to U.S. 206, north on U.S. 206 to U.S. 1 at Trenton, west on U.S. 1 to the Pennsylvania State line in the Delaware River. South Zone: That portion of the State not within the North Zone or the Coastal 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 State line. 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 State line. Northeastern Zone: That area north of a line extending from Lake Ontario east along the north shore of the Salmon River to I–81 to NY 31, east along NY 31 to NY 13, north along NY 13 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 State line, exclusive of the Lake Champlain Zone. Southeastern Zone: The remaining portion of New York. Pennsylvania Lake Erie Zone: The Lake Erie waters of Pennsylvania and a shoreline margin along Lake Erie from New York on the east to Ohio on the west extending 150 yards inland, but including all of Presque Isle Peninsula. Northwest Zone: The area bounded on the north by the Lake Erie Zone and including all of Erie and Crawford Counties and those portions of Mercer and Venango Counties north of I–80. E:\FR\FM\24AUP3.SGM 24AUP3 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules North Zone: That portion of the State east of the Northwest Zone and north of a line extending east on I–80 to U.S. 220, Route 220 to I–180, I–180 to I–80, and I–80 to the Delaware River. South Zone: The remaining portion of Pennsylvania. 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 State line 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 State line 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. West Virginia Zone 1: That portion outside the boundaries in Zone 2. Zone 2 (Allegheny Mountain Upland): That area bounded by a line extending south along U.S. 220 through Keyser to U.S. 50; U.S. 50 to WV 93; WV 93 south to WV 42; WV 42 south to Petersburg; WV 28 south to Minnehaha Springs; WV 39 west to U.S. 219; U.S. 219 south to I–64; I–64 west to U.S. 60; U.S. 60 west to U.S. 19; U.S. 19 north to I–79, I–79 north to I–68; I–68 east to the Maryland State line; and along the State line to the point of beginning. Mississippi Flyway rwilkins on PROD1PC63 with PROPOSAL_3 Alabama South Zone: Mobile and Baldwin Counties. North Zone: The remainder of Alabama. Arkansas Zone 1: That portion of Arkansas north and east of a line beginning at the confluence of the White and Mississippi Rivers and extending northwest along the north bank of the White River to the north bank of the Arkansas Post Canal, west along the Arkansas Post Canal to Tichnor Blacktop Road, north and west along Tichnor Blacktop Road to Connor Levee Road, west along Connor Levee Road to Whiting Lane, south along Whiting Lane to the north bank of the Arkansas Post Canal, west along the north bank of the Arkansas Post Canal to the Arkansas River, west along the north bank/rock dike of the Arkansas River to the mouth of Moore’s Bayou, VerDate Aug<31>2005 17:51 Aug 23, 2006 Jkt 208001 northwest along the east bank of Moore’s Bayou to State Highway 169, west along State 169 to the junction of U.S. Highway 165 and Gander Street Road, north along Gander Street Road to Simon Fuhrman Road, northwest along Simon Fuhrman to the north levee of the Arkansas River, northwest along the north levee of the Arkansas River to U.S. 165 near Baucum, northwest along U.S. 165 to Interstate Highway 440 near Little Rock, north along I–440 to I–40, west along I–40 to U.S. 65 at Conway, then north along U.S. 65 to the Missouri border. Zone 2: The remainder of Arkansas. Illinois North Zone: That portion of the State north of a line extending west from the Indiana border along Peotone-Beecher Road to Illinois Route 50, south along Illinois Route 50 to Wilmington-Peotone Road, west along Wilmington-Peotone Road to Illinois Route 53, north along Illinois Route 53 to New River Road, northwest along New River Road to Interstate Highway 55, south along I–55 to Pine Bluff-Lorenzo Road, west along Pine Bluff-Lorenzo Road to Illinois Route 47, north along Illinois Route 47 to I–80, west along I–80 to I–39, south along I–39 to Illinois Route 18, west along Illinois Route 18 to Illinois Route 29, south along Illinois Route 29 to Illinois Route 17, west along Illinois Route 17 to the Mississippi River, and due south across the Mississippi River to the Iowa border. Central Zone: That portion of the State south of the North Zone to a line extending west from the Indiana border along Interstate Highway 70 to Illinois Route 4, south along Illinois Route 4 to Illinois Route 161, west along Illinois Route 161 to Illinois Route 158, south and west along Illinois Route 158 to Illinois Route 159, south along Illinois Route 159 to Illinois Route 156, west along Illinois Route 156 to A Road, north and west on A Road to Levee Road, north on Levee Road to the south shore of New Fountain Creek, west along the south shore of New Fountain Creek to the Mississippi River, and due west across the Mississippi River to the Missouri border. South Zone: The remainder of Illinois. Indiana North Zone: That portion of the State north of a line extending east from the Illinois State line 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 State line. Ohio River Zone: That portion of the State south of a line extending east from PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 50237 the Illinois State line along Interstate Highway 64 to New Albany, east along State Road 62 to State Road 56, east along State Road 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 State line. 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 Highway 37, southeast along State Highway 37 to State Highway 183, northeast along State Highway 183 to State Highway 141, east along State Highway 141 to U.S. Highway 30, then east along U.S. Highway 30 to the Illinois border. South Zone: The remainder of Iowa. Kentucky West Zone: All counties west of and including Butler, Daviess, Ohio, Simpson, and Warren Counties. East Zone: The remainder of Kentucky. Louisiana West Zone: That portion of the State west and south of a line extending south from the Arkansas State line along Louisiana Highway 3 to Bossier City, east along Interstate Highway 20 to Minden, south along Louisiana 7 to Ringgold, east along Louisiana 4 to Jonesboro, south along U.S. Highway 167 to Lafayette, southeast along U.S. 90 to the Mississippi State line. East Zone: The remainder of Louisiana. Michigan North Zone: The Upper Peninsula. Middle Zone: That portion of the Lower Peninsula north of a line beginning at the Wisconsin State line 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, easterly along U.S. 10 BR to U.S. 10, easterly along U.S. 10 to Interstate Highway 75/U.S. Highway 23, northerly along I–75/U.S. 23 to the U.S. 23 exit at Standish, easterly along U.S. 23 to the centerline of the Au Gres River, then southerly along the centerline of the Au Gres River to E:\FR\FM\24AUP3.SGM 24AUP3 50238 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules 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. South Zone: The remainder of Michigan. Minnesota North Duck Zone: That portion of the State north of a line extending east from the North Dakota State line along State Highway 210 to State Highway 23, east along State Highway 23 to State Highway 39, then east along State Highway 39 to the Wisconsin State line at the Oliver Bridge. South Duck Zone: The remainder of Minnesota. rwilkins on PROD1PC63 with PROPOSAL_3 Missouri North Zone: That portion of Missouri north of a line running west from the Illinois State line (Lock and Dam 25) on Lincoln County Highway N to Missouri Highway 79; south on Missouri Highway 79 to Missouri Highway 47; west on Missouri Highway 47 to Interstate 70; west on Interstate 70 to the Kansas State line. South Zone: That portion of Missouri south of a line running west from the Illinois State line on Missouri Highway 34 to Interstate 55; south on Interstate 55 to U.S. Highway 62; west on U.S. Highway 62 to Missouri Highway 53; north on Missouri Highway 53 to Missouri Highway 51; north on Missouri Highway 51 to U.S. Highway 60; west on U.S. Highway 60 to Missouri Highway 21; north on Missouri Highway 21 to Missouri Highway 72; west on Missouri Highway 72 to Missouri Highway 32; west on Missouri Highway 32 to U.S. Highway 65; north on U.S. Highway 65 to U.S. Highway 54; west on U.S. Highway 54 to the Kansas State line. Middle Zone: The remainder of Missouri. Ohio North Zone: That portion of the State north of a line extending east from the Indiana State line along U.S. Highway 33 to State Route 127, south along SR 127 to SR 703, south along SR 703 to SR 219, east along SR 219 to SR 364, north along SR 364 to SR 703, east along SR 703 to SR 66, north along SR 66 to U.S. 33, east along U.S. 33 to SR 385, east along SR 385 to SR 117, south along SR 117 to SR 273, east along SR 273 to SR 31, south along SR 31 to SR 739, east along SR 739 to SR 4, north along SR 4 to SR 95, east along SR 95 to SR 13, southeast along SR 13 to SR 3, northeast along SR 3 to SR 60, north along SR 60 to U.S. 30, east along U.S. 30 to SR 3, south along SR 3 to SR 226, south along VerDate Aug<31>2005 17:51 Aug 23, 2006 Jkt 208001 SR 226 to SR 514, southwest along SR 514 to SR 754, south along SR 754 to SR 39/60, east along SR 39/60 to SR 241, north along SR 241 to U.S. 30, east along U.S. 30 to SR 39, east along SR 39 to the Pennsylvania State line. South Zone: The remainder of Ohio. Tennessee Reelfoot Zone: All or portions of Lake and Obion Counties. State Zone: The remainder of Tennessee. Wisconsin North Zone: That portion of the State north of a line extending east from the Minnesota State line along U.S. Highway 10 to U.S. Highway 41, then north on U.S. Highway 41 to the Michigan State line. South Zone: The remainder of Wisconsin. Central Flyway Colorado (Central Flyway Portion) Eastern Plains Zone: That portion of the State east of Interstate 25, and all of El Paso, Pueblo, Heurfano, and Las Animas Counties. Mountain/Foothills Zone: That portion of the State west of Interstate 25 and east of the Continental Divide, except El Paso, Pueblo, Heurfano, and Las Animas Counties. 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 border 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; southwest on U.S. 56 to KS 19; east on KS 19 to U.S. 281; south on 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; southwest on U.S. 56 to Ford Co. Road 126; south on Ford Co. Road 126 to U.S. 400; northwest on U.S. 400 to U.S. 283. Low Plains Late Zone: The remainder of Kansas. PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 Montana (Central Flyway Portion) Zone 1: The Counties of Blaine, Carbon, Carter, Daniels, Dawson, Fallon, Fergus, Garfield, Golden Valley, Judith Basin, McCone, Musselshell, Petroleum, Phillips, Powder River, Richland, Roosevelt, Sheridan, Stillwater, Sweet Grass, Valley, Wheatland, Wibaux, and Yellowstone. Zone 2: The remainder of Montana. Nebraska High Plains Zone: That portion of Nebraska lying west of a line beginning at the South Dakota-Nebraska border on U.S. 183, south on U.S. 183 to U.S. 20, west on U.S. 20 to NE 7, south on NE 7 to NE 91, southwest on NE 91 to NE 2, southeast on NE 2 to NE 92, west on NE 92 to NE 40, south on NE 40 to NE 47, south on NE 47 to NE 23, east on NE 23 to U.S. 283 and south on U.S. 283 to the Kansas-Nebraska border. Low Plains Zone 1: That portion of Dixon County west of NE 26E Spur and north of NE 12; those portions of Cedar County north of NE 12; those portions of Knox counties north of NE 12 to intersection of Niobrara River; all of Boyd County; Keya Paha County east of U.S. 183. Both banks of the Niobrara River in Keya Paha, Boyd, and Knox counties east of U.S. 183 shall be included in Zone 1. Low Plains Zone 2: Area bounded by designated Federal and State highways and political boundaries beginning at the Kansas-Nebraska border on U.S. 75 to U.S. 136; east to the intersection of U.S. 136 and the Steamboat Trace (Trace); north along the Trace to the intersection with Federal Levee R–562; north along Federal Levee R–562 to the intersection with the Trace; north along the Trace/Burlington Northern Railroad right-of-way to NE 2; west to U.S. 75; north to NE 2; west to NE 43; north to U.S. 34; east to NE 63; north and west to U.S. 77; north to NE 92; west to U.S. 81; south to NE 66; west to NE 14; south to County Road 22 (Hamilton County); west to County Road M, south to County Road 21; west to County Road K; south U.S. 34; west to NE 2; south to U.S. I– 80; west to Gunbarrel Road. (Hall/ Hamilton county line); south to Giltner Road.; west to U.S. 281; south to U.S. 34; west to NE 10; north to County Road ‘‘R’’ (Kearney County) and County Road #742 (Phelps County); west to County Road #438 (Gosper County line); south along County Road #438 (Gosper County line) to County Road #726 (Furnas County line); east to County Road #438 (Harlan County line); south to U.S. 34; south and west to U.S. 136; east to NE 14; south to the Kansas-Nebraska border, west to U.S. 283; north to NE 23; E:\FR\FM\24AUP3.SGM 24AUP3 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules west to NE 47; north to U.S. 30; east to NE 14; north to NE 52; west and north to NE 91 to U.S. 281; south to NE 22; west to NE 11; northwest to NE 91; west to Loup County Line, north to LoupBrown county line; east along northern boundaries of Loup, Garfield and Wheeler counties; south on the Wheeler-Antelope county line to NE 70; east to NE 14; south to NE 39; southeast to NE 22; east to U.S. 81; southeast to U.S. 30; east to U.S. 75, north to the Washington County line; east to the Iowa-Nebraska border; south along the Iowa-Nebraska border; to the beginning at U.S. 75 and the Kansas-Nebraska border. Low Plains Zone 3: The area east of the High Plains Zone, excluding Low Plains Zone 1, north of Low Plains Zone 2. Low Plains Zone 4: The area east of the High Plains Zone and south of Zone 2. south on SD 50 to SD 44, west on SD 44 across the Platte-Winner bridge to SD 47, south on SD 47 to U.S. 18, east on U.S. 18 to SD 47, south on SD 47 to the Nebraska State line. North Zone: That portion of northeastern South Dakota east of the High Plains Unit and north of a line extending east along U.S. 212 to the Minnesota State line. South Zone: That portion of Gregory County east of SD 47 and south of SD 44; Charles Mix County south of SD 44 to the Douglas County line; south on SD 50 to Geddes; east on the Geddes Highway to U.S. 281; south on U.S. 281 and U.S. 18 to SD 50; south and east on SD 50 to the Bon Homme County line; the Counties of Bon Homme, Yankton, and Clay south of SD 50; and Union County south and west of SD 50 and I– 29. Middle Zone: The remainder of South Dakota. New Mexico (Central Flyway Portion) Texas High Plains Zone: That portion of the State west of a line extending south from the Oklahoma State line along U.S. 183 to Vernon, south along U.S. 283 to Albany, south along TX 6 to TX 351 to Abilene, south along U.S. 277 to Del Rio, then south along the Del Rio International Toll Bridge access road to the Mexico border. Low Plains North Zone: That portion of northeastern Texas east of the High Plains Zone and north of a line beginning at the International Toll Bridge south of Del Rio, then extending east on U.S. 90 to San Antonio, then continuing east on I–10 to the Louisiana State line at Orange, Texas. Low Plains South Zone: The remainder of Texas. North Zone: That portion of the State north of I–40 and U.S. 54. South Zone: The remainder of New Mexico. North Dakota High Plains Unit: That portion of the State south and west of a line from the South Dakota State line along U.S. 83 and I–94 to ND 41, north to U.S. 2, west to the Williams/Divide County line, then north along the County line to the Canadian border. Low Plains Unit: The remainder of North Dakota. Oklahoma High Plains Zone: The Counties of Beaver, Cimarron, and Texas. Low Plains Zone 1: That portion of the State east of the High Plains Zone and north of a line extending east from the Texas State line along OK 33 to OK 47, east along OK 47 to U.S. 183, south along U.S.183 to I–40, east along I–40 to U.S. 177, north along U.S. 177 to OK 33, east along OK 33 to OK 18, north along OK 18 to OK 51, west along OK 51 to I–35, north along I–35 to U.S. 412, west along U.S. 412 to OK 132, then north along OK 132 to the Kansas State line. Low Plains Zone 2: The remainder of Oklahoma. rwilkins on PROD1PC63 with PROPOSAL_3 South Dakota High Plains Zone: That portion of the State west of a line beginning at the North Dakota State line and extending south along U.S. 83 to U.S. 14, east on U.S. 14 to Blunt, south on the BluntCanning road to SD 34, east and south on SD 34 to SD 50 at Lee’s Corner, south on SD 50 to I–90, east on I–90 to SD 50, VerDate Aug<31>2005 17:51 Aug 23, 2006 Jkt 208001 Wyoming (Central Flyway portion) Zone 1: The Counties of Converse, Goshen, Hot Springs, Natrona, Platte, and Washakie; and the portion of Park County east of the Shoshone National Forest boundary and south of a line beginning where the Shoshone National Forest boundary meets Park County Road 8VC, east along Park County Road 8VC to Park County Road 1AB, continuing east along Park County Road 1AB to Wyoming Highway 120, north along WY Highway 120 to WY Highway 294, south along WY Highway 294 to Lane 9, east along Lane 9 to Powel and WY Highway 14A, and finally east along WY Highway 14A to the Park County and Big Horn County line. Zone 2: The remainder of Wyoming. Pacific Flyway Arizona—Game Management Units (GMU) as follows: PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 50239 South Zone: Those portions of GMUs 6 and 8 in Yavapai County, and GMUs 10 and 12B–45. North Zone: GMUs 1–5, those portions of GMUs 6 and 8 within Coconino County, and GMUs 7, 9, 12A. 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 or 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 State line 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 Bernardino-Riverside County line; south on a road known in Riverside County as the ‘‘Desert Center to Rice Road’’ to the 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 seven 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 E:\FR\FM\24AUP3.SGM 24AUP3 50240 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules 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 State line. 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. Idaho Zone 1: Includes all lands and waters within the Fort Hall Indian Reservation, including private inholdings; Bannock County; Bingham County, except that portion within the Blackfoot Reservoir drainage; and Power County east of ID 37 and ID 39. Zone 2: Includes the following Counties or portions of Counties: Adams; Bear Lake; Benewah; Bingham within the Blackfoot Reservoir drainage; Blaine; Bonner; Bonneville; Boundary; Butte; Camas; Caribou except the Fort Hall Indian Reservation; Cassia within the Minidoka National Wildlife Refuge; Clark; Clearwater; Custer; Elmore within the Camas Creek drainage; Franklin; Fremont; Idaho; Jefferson; Kootenai; Latah; Lemhi; Lewis; Madison; Nez Perce; Oneida; Power within the Minidoka National Wildlife Refuge; Shoshone; Teton; and Valley Counties. Zone 3: Includes the following Counties or portions of Counties: Ada; Boise; Canyon; Cassia except within the Minidoka National Wildlife Refuge; Elmore except the Camas Creek drainage; Gem; Gooding; Jerome; Lincoln; Minidoka; Owyhee; Payette; Power west of ID 37 and ID 39 except that portion within the Minidoka National Wildlife Refuge; Twin Falls; and Washington Counties. rwilkins on PROD1PC63 with PROPOSAL_3 Nevada Lincoln and Clark County Zone: All of Clark and Lincoln Counties. Remainder-of-the-State Zone: The remainder of Nevada. Oregon Zone 1: Clatsop, Tillamook, Lincoln, Lane, Douglas, Coos, Curry, Josephine, Jackson, Linn, Benton, Polk, Marion, Yamhill, Washington, Columbia, Multnomah, Clackamas, Hood River, Wasco, Sherman, Gilliam, Morrow and Umatilla Counties. VerDate Aug<31>2005 17:51 Aug 23, 2006 Jkt 208001 Columbia Basin Mallard Management Unit: Gilliam, Morrow, and Umatilla Counties. Zone 2: The remainder of the State. Utah Zone 1: All of Box Elder, Cache, Daggett, Davis, Duchesne, Morgan, Rich, Salt Lake, Summit, Unitah, Utah, Wasatch, and Weber Counties, and that part of Toole County north of I–80. Zone 2: The remainder of Utah. Washington East Zone: All areas east of the Pacific Crest Trail and east of the Big White Salmon River in Klickitat County. Columbia Basin Mallard Management Unit: Same as East Zone. West Zone: All areas to the west of the East Zone. Wyoming Snake River Zone: Beginning at the south boundary of Yellowstone National Park and the Continental Divide; south along the Continental Divide to Union Pass and the Union Pass Road (U.S.F.S. Road 600); west and south along the Union Pass Road to U.S F.S. Road 605; south along U.S.F.S. Road 605 to the Bridger-Teton National Forest boundary; along the national forest boundary to the Idaho State line; north along the Idaho State line to the south boundary of Yellowstone National Park; east along the Yellowstone National Park boundary to the Continental Divide. Balance of Flyway Zone: Balance of the Pacific Flyway in Wyoming outside the Snake River drainage. Geese Connecticut NAP L-Unit: That portion of Fairfield County north of Interstate 95 and that portion of New Haven County: starting at I–95 bridge on Housatonic River; north of Interstate 95; west of Route 10 to the intersection of Interstate 691; west along Interstate 691 to Interstate 84; west and south on Interstate 84 to Route 67; north along Route 67 to the Litchfield County line, then extending west along the Litchfield County line to the Shepaug River, then south to the intersection of the Litchfield and Fairfield County lines. NAP H-Unit: All of the rest of the State not included in the AP or NAP– L descriptions. AP Unit: Litchfield County and the portion of Hartford County, west of a line beginning at the Massachusetts State line in Suffield and extending south along Route 159 to its intersection with Route 91 in Hartford, and then Frm 00018 Fmt 4701 Maryland Resident Population (RP) Zone: Garrett, Allegany, Washington, Frederick, Howard, and Montgomery Counties; that portion of Baltimore County south of Route 138, Route 137, and Mount Carmel Road; that portion of Anne Arundel County west of Interstate 895, Interstate 97 and Route 3; that portion of Prince George’s County west of Route 3 and Route 301, that portion of Charles County west of Route 301 to the Virginia State line; and that portion of Carroll County south of Route 88, west of Route 30 from the intersection of Route 30 and Route 88 to the intersection of Route 30 and Route 482, south of Route 482, south of Route 27 from the intersection of Route 27 and Route 482 to the intersection of Route 27 and Route 97, and west of Route 97 from the Intersection of Route 27 and Route 97 to the Pennsylvania line. AP Zone: Remainder of the State. Massachusetts NAP Zone: Central Zone (same as for ducks) and that portion of the Coastal Zone that lies north of route 139 from Green Harbor. AP Zone: Remainder of the State. Special Late Season Area: That portion of the Coastal Zone (see duck zones) that lies north of the Cape Cod Canal and east of Route 3, north to the New Hampshire line. New Hampshire: Same zones as for ducks. Atlantic Flyway PO 00000 extending south along Route 91 to its intersection with the Hartford/ Middlesex County line. South Zone: Same as for ducks. North Zone: Same as for ducks. Sfmt 4702 New Jersey North—that portion of the State within a continuous line that runs east along the New York State boundary line to the Hudson River; then south along the New York State boundary to its intersection with Route 440 at Perth Amboy; then west on Route 440 to its intersection with Route 287; then west along Route 287 to its intersection with Route 206 in Bedminster (Exit 18); then north along Route 206 to its intersection with Route 94: then west along Route 94 to the tollbridge in Columbia; then north along the Pennsylvania State boundary in the Delaware River to the beginning point. South—that portion of the State within a continuous line that runs west from the Atlantic Ocean at Ship Bottom along Route 72 to Route 70; then west along Route 70 to Route 206; then south along Route 206 to Route 536; then west along Route 536 to Route 322; then west E:\FR\FM\24AUP3.SGM 24AUP3 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules rwilkins on PROD1PC63 with PROPOSAL_3 along Route 322 to Route 55; then south along Route 55 to Route 553 (Buck Road); then south along Route 553 to Route 40; then east along Route 40 to route 55; then south along Route 55 to Route 552 (Sherman Avenue); then west along Route 552 to Carmel Road; then south along Carmel Road to Route 49; then east along Route 49 to Route 555; then south along Route 555 to Route 553; then east along Route 553 to Route 649; then north along Route 649 to Route 670; then east along Route 670 to Route 47; then north along Route 47 to Route 548; then east along Route 548 to Route 49; then east along Route 49 to Route 50; then south along Route 50 to Route 9; then south along Route 9 to Route 625 (Sea Isle City Boulevard); then east along Route 625 to the Atlantic Ocean; then north to the beginning point. New York Lake Champlain Goose Area—that area of New York State lying east and north of a continuous line extending along Route 11 from the New YorkCanada International boundary south to Route 9B, south along Route 9B to Route 9, south along Route 9 to Route 22 south of Keeseville, south along Route 22 to the west shore of South Bay along and around the shoreline of South Bay to Route 22 on the east shore of South Bay, southeast along Route 22 to Route 4, northeast along Route 4 to the New York-Vermont boundary. North Central Goose Area— that area of New York State lying north of a continuous line extending from Route 4 at the New York-Vermont boundary, west and south along Route 4 to Route 149 at Fort Ann, west on Route 149 to Route 9, south along Route 9 to Interstate Route 87 (at Exit 20 in Glens Falls), south along Route 87 to Route 29, west along Route 29 to Route 147 at Kimball Corners, south along Route 147 to Schenectady County Route 40 (West Glenville Road), west along Route 40 to Touareuna Road, south along Touareuna Road to Schenectady County Route 59, south along Route 59 to State Route 5, east along Route 5 to the Lock 9 bridge, southwest along the Lock 9 bridge to Route 5S, southeast along Route 5S to Schenectady County Route 58, southwest along Route 58 to the NYS Thruway, south along the Thruway to Route 7, southwest along Route 7 to Schenectady County Route 103, south along Route 103 to Route 406, east along Route 406 to Schenectady County Route 99 (Windy Hill Road), south along Route 99 to Dunnsville Road, south along Dunnsville Road to Route 397, southwest along Route 397 to Route 146 at Altamont, west along Route 146 to VerDate Aug<31>2005 17:51 Aug 23, 2006 Jkt 208001 Albany County Route 252, northwest along Route 252 to Schenectady County Route 131, north along Route 131 to Route 7, west along Route 7 to Route 10 at Richmondville, south on Route 10 to Route 23 at Stamford, west along Route 23 to the south bank of the Susquehanna River, southwest along the south bank of the Susquehanna River to Interstate Route 88 near Harpursville, west along Route 88 to Route 79, northwest along Route 79 to Route 26 in Whitney Point, southwest along Route 26 to Interstate Route 81, north along Route 81 to the north shore of the Salmon River, west along the north shore of the Salmon River to the shore of Lake Ontario, extending generally northwest in a straight line to the nearest point of the international boundary with Canada, excluding the Lake Champlain Goose Hunting Area. West Central Goose Area—that area of New York State lying within a continuous line beginning at the point where the northerly extension of Route 269 (County Line Road on the NiagaraOrleans County boundary) meets the International boundary with Canada, south to the shore of Lake Ontario at the eastern boundary of Golden Hill State Park, south along the extension of Route 269 and Route 269 to Route 104 at Jeddo, west along Route 104 to Niagara County Route 271, south along Route 271 to Route 31E at Middleport, south along Route 31E to Route 31, west along Route 31 to Griswold Street, south along Griswold Street to Ditch Road, south along Ditch Road to Foot Road, south along Foot Road to the north bank of Tonawanda Creek, west along the north bank of Tonawanda Creek to Route 93, south along Route 93 to the NYS Thruway, east along the Thruway 90 to Route 98 (at Thruway Exit 48) in Batavia, south along Route 98 to Route 20, east along Route 20 to Route 19 in Pavilion Center, south along Route 19 to Route 63, southeast along Route 63 to Route 246, south along Route 246 to Route 39 in Perry, south along Route 39 to Route 19A (south of Castile), south and southeast along Route 19A to Route 436, east along Route 436 to Route 36 in Dansville, south along Route 36 to Route 17, east along Route 17 to Belfast Street at Bath, east along Belfast Street to Route 415 (West Washington Street), southeast along Route 415 to Route 54, northeast along Route 54 to Steuben County Route 87, northeast along Route 87 to Steuben County Route 96, east along Route 96 to Steuben County Route 114, east along Route 114 to Schuyler County Route 23, east and southeast along Route 23 to Schuyler County Route 28, southeast along Route 28 to PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 50241 Route 409 at Watkins Glen, south along Route 409 to Route 14, south along Route 14 to Route 224 at Montour Falls, east along Route 224 to Route 228 in Odessa, north along Route 228 to Route 79 in Mecklenburg, east along Route 79 to Route 366 in Ithaca, northeast along Route 366 to Route 13, northeast along Route 13 to Interstate Route 81 in Cortland, north along Route 81 to the north shore of the Salmon River to shore of Lake Ontario, extending generally northwest in a straight line to the nearest point of the International boundary with Canada, south and west along the International boundary to the point of beginning. Hudson Valley Goose Area—that area of New York State lying within a continuous line extending from Route 4 at the New York-Vermont boundary, west and south along Route 4 to Route 149 at Fort Ann, west on Route 149 to Route 9, south along Route 9 to Interstate Route 87 (at Exit 20 in Glens Falls), south along Route 87 to Route 29, west along Route 29 to Route 147 at Kimball Corners, south along Route 147 to Schenectady County Route 40 (West Glenville Road), west along Route 40 to Touareuna Road, south along Touareuna Road to Schenectady County Route 59, south along Route 59 to State Route 5, east along Route 5 to the Lock 9 bridge, southwest along the Lock 9 bridge to Route 5S, southeast along Route 5S to Schenectady County Route 58, southwest along Route 58 to the NYS Thruway, south along the Thruway to Route 7, southwest along Route 7 to Schenectady County Route 103, south along Route 103 to Route 406, east along Route 406 to Schenectady County Route 99 (Windy Hill Road), south along Route 99 to Dunnsville Road, south along Dunnsville Road to Route 397, southwest along Route 397 to Route 146 at Altamont, southeast along Route 146 to Main Street in Altamont, west along Main Street to Route 156, southeast along Route 156 to Albany County Route 307, southeast along Route 307 to Route 85A, southwest along Route 85A to Route 85, south along Route 85 to Route 443, southeast along Route 443 to Albany County Route 301 at Clarksville, southeast along Route 301 to Route 32, south along Route 32 to Route 23 at Cairo, west along Route 23 to Joseph Chadderdon Road, southeast along Joseph Chadderdon Road to Hearts Content Road (Greene County Route 31), southeast along Route 31 to Route 32, south along Route 32 to Greene County Route 23A, east along Route 23A to Interstate Route 87 (the NYS Thruway), south along Route 87 to Route 28 (Exit 19) near Kingston, northwest on Route E:\FR\FM\24AUP3.SGM 24AUP3 rwilkins on PROD1PC63 with PROPOSAL_3 50242 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules 28 to Route 209, southwest on Route 209 to the New York-Pennsylvania boundary, southeast along the New York-Pennsylvania boundary to the New York-New Jersey boundary, southeast along the New York-New Jersey boundary to Route 210 near Greenwood Lake, northeast along Route 210 to Orange County Route 5, northeast along Orange County Route 5 to Route 105 in the Village of Monroe, east and north along Route 105 to Route 32, northeast along Route 32 to Orange County Route 107 (Quaker Avenue), east along Route 107 to Route 9W, north along Route 9W to the south bank of Moodna Creek, southeast along the south bank of Moodna Creek to the New WindsorCornwall town boundary, northeast along the New Windsor-Cornwall town boundary to the Orange-Dutchess County boundary (middle of the Hudson River), north along the county boundary to Interstate Route 84, east along Route 84 to the New York-Connecticut boundary, north along the New YorkConnecticut boundary to the New YorkMassachusetts boundary, north along the New York-Massachusetts boundary to the New York-Vermont boundary, north to the point of beginning. Western Long Island Goose Area— that area of Westchester County and its tidal waters lying southeast of Interstate Route 95, and that area of Nassau and Suffolk Counties lying west of a continuous line extending due south from the New York-Connecticut boundary to the northern end of Sound Road (near Wading River), then south along Sound Road to North Country Road, then west along North Country Road to Randall Road, then south along Randall Road to State Route 25A, then west along Route 25A to the William Floyd Parkway (County Route 46), then south along William Floyd Parkway to Fire Island Beach Road, then due south to International waters. Eastern Long Island Goose Area—that area of Suffolk County that is not part of the Western Long Island Goose Hunting Area, as defined above. South Goose Area—the remainder of New York State, excluding New York City. Special Late Canada Goose Area—that area of Westchester County lying southeast of Interstate Route 95, and that area of Nassau and Suffolk Counties lying north of State Route 25A and west of a continuous line extending northward from State Route 25A along Randall Road (near Shoreham) to North Country Road, then east to Sound Road and then north to Long Island Sound and then due north to the New YorkConnecticut boundary. VerDate Aug<31>2005 17:51 Aug 23, 2006 Jkt 208001 North Carolina SJBP Hunt Zone: Includes the following counties or portions of counties: Anson, Cabarrus, Chatham, Davidson, Durham, Halifax (that portion east of NC 903), Montgomery (that portion west of NC 109), Northampton (all of the county with the exception of that portion that is both north of U.S. 158 and east of NC 35), Richmond (that portion south of NC 73 and west of U.S. 220 and north of U.S. 74), Rowan, Stanly, Union, and Wake. RP Hunt Zone: Includes the following counties or portions of counties: Alamance, Alleghany, Alexander, Ashe, Avery, Beaufort, Bertie (that portion south and west of a line formed by NC 45 at the Washington Co. line to U.S. 17 in Midway, U.S. 17 in Midway to U.S. 13 in Windsor, U.S. 13 in Windsor to the Hertford Co. line), Bladen, Brunswick, Buncombe, Burke, Caldwell, Carteret, Caswell, Catawba, Cherokee, Clay, Cleveland, Columbus, Craven, Cumberland, Davie, Duplin, Edgecombe, Forsyth, Franklin, Gaston, Gates, Graham, Granville, Greene, Guilford, Halifax (that portion west of NC 903), Harnett, Haywood, Henderson, Hertford, Hoke, Iredell, Jackson, Johnston, Jones, Lee, Lenoir, Lincoln, McDowell, Macon, Madison, Martin, Mecklenburg, Mitchell, Montgomery (that portion that is east of NC 109), Moore, Nash, New Hanover, Onslow, Orange, Pamlico, Pender, Person, Pitt, Polk, Randolph, Richmond (all of the county with exception of that portion that is south of NC 73 and west of U.S. 220 and north of U.S. 74), Robeson, Rockingham, Rutherford, Sampson, Scotland, Stokes, Surry, Swain, Transylvania, Vance, Warren, Watauga, Wayne, Wilkes, Wilson, Yadkin, and Yancey. Northeast Hunt Unit: Includes the following counties or portions of counties: Bertie (that portion 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, U.S. 13 in Windsor to the Hertford Co. line), Camden, Chowan, Currituck, Dare, Hyde, Northampton (that portion that is both north of U.S. 158 and east of NC 35), Pasquotank, Perquimans, Tyrrell, and Washington. Pennsylvania Resident Canada Goose Zone: All of Pennsylvania except for Crawford, Erie, and Mercer counties and the area east of route SR 97 from Maryland State Line to the intersection of SR 194, east of SR 194 to intersection of U.S. Route 30, south of U.S. Route 30 to SR 441, east of SR 441 to SR 743, east of SR 743 to intersection of I–81, east of I–81 to PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 intersection of I–80, south of I–80 to New Jersey State line). SJBP Zone: Erie, Mercer and Crawford Counties except for the Pymatuning Zone. Pymatuning Zone: The area south of SR 198 from the Ohio State line to intersection of SR 18, SR 18 south to SR 618, SR 618 south to U.S. Route 6, U.S. Route 6 east to U.S. Route 322/SR 18, U.S. Route 322/SR 18 west to intersection of SR 3013, SR 3013 south to the Crawford/Mercer County line. AP Zone: The area east of route SR 97 from Maryland State Line to the intersection of SR 194, east of SR 194 to intersection of U.S. Route 30, south of U.S. Route 30 to SR 441, east of SR 441 to SR 743, east of SR 743 to intersection of I–81, east of I–81 to intersection of I– 80, south of I–80 to New Jersey State line. Rhode Island Special Area for Canada Geese: Kent and Providence Counties and portions of the towns of Exeter and North Kingston within Washington County (see State regulations for detailed descriptions). South Carolina Canada Goose Area: Statewide except for Clarendon County and that portion of Lake Marion in Orangeburg County and Berkeley County. Vermont: Same zones as for ducks. Virginia AP Zone: The area east and south of the following line—the Stafford County line from the Potomac River west to Interstate 95 at Fredericksburg, then south along Interstate 95 to Petersburg, then Route 460 (SE) to City of Suffolk, then south along Route 32 to the North Carolina line. SJBP Zone: The area to the west of the AP Zone boundary and east of the following line: the ‘‘Blue Ridge’’ (mountain spine) at the West VirginiaVirginia Border (Loudoun CountyClarke County line) south to Interstate 64 (the Blue Ridge line follows county borders along the western edge of Loudoun-Fauquier-RappahannockMadison-Greene-Albemarle and into Nelson Counties), then east along Interstate Rt. 64 to Route 15, then south along Rt. 15 to the North Carolina line. RP Zone: The remainder of the State west of the SJBP Zone. Back Bay Area: The waters of Back Bay and its tributaries and the marshes adjacent thereto, and on the land and marshes between Back Bay and the Atlantic Ocean from Sandbridge to the North Carolina line, and on and along the shore of North Landing River and E:\FR\FM\24AUP3.SGM 24AUP3 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules the marshes adjacent thereto, and on and along the shores of Binson Inlet Lake (formerly known as Lake Tecumseh) and Red Wing Lake and the marshes adjacent thereto. West Virginia: Same zones as for ducks. Mississippi Flyway Alabama: Same zones as for ducks, but in addition: SJBP Zone: That portion of Morgan County east of U.S. Highway 31, north of State Highway 36, and west of U.S. 231; that portion of Limestone County south of U.S. 72; and that portion of Madison County south of Swancott Road and west of Triana Road. Arkansas Northwest Zone: Benton, Carroll, Baxter, Washington, Madison, Newton, Crawford, Van Buren, Searcy, Sebastion, Scott, Franklin, Logan, Johnson, Pope, Yell, Conway, Perry, Faulkner, Pulaski, Boone, and Marion Counties. Illinois: Same zones as for ducks. Indiana: Same zones as for ducks, but in addition: SJBP Zone: Jasper, LaGrange, LaPorte, Starke, Elkhart, and Steuben Counties, and that portion of the Jasper-Pulaski Fish and Wildlife Area in Pulaski County. Iowa North Zone: That portion of the State north of U.S. Highway 20. South Zone: The remainder of Iowa. rwilkins on PROD1PC63 with PROPOSAL_3 Kentucky Western Zone: That portion of the State west of a line beginning at the Tennessee State line at Fulton and extending north along the Purchase Parkway to Interstate Highway 24, east along I–24 to U.S. Highway 641, north along U.S. 641 to U.S. 60, northeast along U.S. 60 to the Henderson County line, then south, east, and northerly along the Henderson County line to the Indiana State line. Ballard Reporting Area: That area encompassed by a line beginning at the northwest city limits of Wickliffe in Ballard County and extending westward to the middle of the Mississippi River, north along the Mississippi River and along the low-water mark of the Ohio River on the Illinois shore to the Ballard-McCracken County line, south along the county line to Kentucky Highway 358, south along Kentucky 358 to U.S. Highway 60 at LaCenter; then southwest along U.S. 60 to the northeast city limits of Wickliffe. Henderson-Union Reporting Area: Henderson County and that portion of Union County within the Western Zone. VerDate Aug<31>2005 17:51 Aug 23, 2006 Jkt 208001 Pennyroyal/Coalfield Zone: Butler, Daviess, Ohio, Simpson, and Warren Counties and all counties lying west to the boundary of the Western Goose Zone. 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 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. Tuscola/Huron Goose Management Unit (GMU): Those portions of Tuscola and Huron Counties bounded on the south by Michigan Highway 138 and Bay City Road, on the east by Colwood and Bay Port Roads, on the north by Kilmanagh Road and a line extending directly west off the end of Kilmanagh Road into Saginaw Bay to the west boundary, and on the west by the Tuscola-Bay County line and a line extending directly north off the end of the Tuscola-Bay County line into Saginaw Bay to the north boundary. Allegan County GMU: That area encompassed by a line beginning at the junction of 136th Avenue and Interstate Highway 196 in Lake Town Township and extending easterly along 136th Avenue to Michigan Highway 40, southerly along Michigan 40 through the city of Allegan to 108th Avenue in Trowbridge Township, westerly along 108th Avenue to 46th Street, northerly PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 50243 1⁄2 mile along 46th Street to 109th Avenue, westerly along 109th Avenue to I–196 in Casco Township, then northerly along I–196 to the point of beginning. Saginaw County GMU: That portion of Saginaw County bounded by Michigan Highway 46 on the north; Michigan 52 on the west; Michigan 57 on the south; and Michigan 13 on the east. Muskegon Wastewater GMU: That portion of Muskegon County within the boundaries of the Muskegon County wastewater system, east of the Muskegon State Game Area, in sections 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, and 32, T10N R14W, and sections 1, 2, 10, 11, 12, 13, 14, 24, and 25, T10N R15W, as posted. Special Canada Goose Seasons Southern Michigan GMU: That portion of the State, including the Great Lakes and interconnecting waterways and excluding the Allegan County GMU, south of a line beginning at the Ontario border at the Bluewater Bridge in the city of Port Huron and extending westerly and southerly along Interstate Highway 94 to I–69, westerly along I–69 to Michigan Highway 21, westerly along Michigan 21 to I–96, northerly along I– 96 to I–196, westerly along I–196 to Lake Michigan Drive (M–45) in Grand Rapids, westerly along Lake Michigan Drive to the Lake Michigan shore, then directly west from the end of Lake Michigan Drive to the Wisconsin State line. Central Michigan GMU: That portion of the Lower Peninsula north of the Southern Michigan GMU but south of a line beginning at the Wisconsin State line 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, easterly along Michigan 20 to U.S. Highway 10 Business Route (BR) in the city of Midland, easterly along U.S. 10 BR to U.S. 10, easterly along U.S. 10 to Interstate Highway 75/U.S. Highway 23, northerly along I–75/U.S. 23 to the U.S. 23 exit at Standish, easterly along U.S. 23 to the 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, excluding the Tuscola/Huron GMU, Saginaw County GMU, and Muskegon Wastewater GMU. E:\FR\FM\24AUP3.SGM 24AUP3 50244 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules Minnesota West Zone: That portion of the State encompassed by a line beginning at the junction of State Trunk Highway (STH) 60 and the Iowa State line, 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 State line. West Central Zone: That area encompassed by a line beginning at the intersection of State Trunk Highway (STH) 29 and U.S. Highway 212 and extending west along U.S. 212 to U.S. 59, south along U.S. 59 to STH 67, west along STH 67 to U.S. 75, north along U.S. 75 to County State Aid Highway (CSAH) 30 in Lac qui Parle County, west along CSAH 30 to the western boundary of the State, north along the western boundary of the State to a point due south of the intersection of STH 7 and CSAH 7 in Big Stone County, and continuing due north to said intersection, then north along CSAH 7 to CSAH 6 in Big Stone County, east along CSAH 6 to CSAH 21 in Big Stone County, south along CSAH 21 to CSAH 10 in Big Stone County, east along CSAH 10 to CSAH 22 in Swift County, east along CSAH 22 to CSAH 5 in Swift County, south along CSAH 5 to U.S. 12, east along U.S. 12 to CSAH 17 in Swift County, south along CSAH 17 to CSAH 9 in Chippewa County, south along CSAH 9 to STH 40, east along STH 40 to STH 29, then south along STH 29 to the point of beginning. rwilkins on PROD1PC63 with PROPOSAL_3 Special Canada Goose Seasons Southeast 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. Missouri: Same zones as for ducks but in addition: Middle Zone: Southeast Zone: That portion of the State encompassed by a line beginning at the intersection of Missouri Highway (MO) 34 and Interstate 55 and extending south along I–55 to U.S. Highway 62, VerDate Aug<31>2005 17:51 Aug 23, 2006 Jkt 208001 west along U.S. 62 to MO 53, north along MO 53 to MO 51, north along MO 51 to U.S. 60, west along U.S. 60 to MO 21, north along MO 21 to MO 72, east along MO 72 to MO 34, then east along MO 34 to I–55. Ohio: Same zones as for ducks but in addition: North Zone: Lake Erie SJBP Zone: That portion of the State encompassed by a line beginning in Lucas County at the Michigan State line on I–75, and extending south along I–75 to I–280, south along I–280 to I–80, east along I– 80 to the Pennsylvania State line in Trumbull County, north along the Pennsylvania State line to SR 6 in Ashtabula County, west along SR 6 to the Lake/Cuyahoga County line, north along the Lake/Cuyahoga County line to the shore of Lake Erie. Tennessee Southwest Zone: That portion of the State south of State Highways 20 and 104, and west of U.S. Highways 45 and 45W. Northwest Zone: Lake, Obion, and Weakley Counties and those portions of Gibson and Dyer Counties not included in the Southwest Tennessee Zone. Kentucky/Barkley Lakes Zone: That portion of the State bounded on the west by the eastern boundaries of the Northwest and Southwest Zones and on the east by State Highway 13 from the Alabama State line to Clarksville and U.S. Highway 79 from Clarksville to the Kentucky State line. Wisconsin: Same zones as for ducks but in addition: Horicon Zone: That area encompassed by a line beginning at the intersection of State Highway 21 and the Fox River in Winnebago County and extending westerly along State 21 to the west boundary of Winnebago County, southerly along the west boundary of Winnebago County to the north boundary of Green Lake County, westerly along the north boundaries of Green Lake and Marquette Counties to State 22, southerly along State 22 to State 33, westerly along State 33 to Interstate Highway 39, southerly along Interstate Highway 39 to Interstate Highway 90/94, southerly along I–90/94 to State 60, easterly along State 60 to State 83, northerly along State 83 to State 175, northerly along State 175 to State 33, easterly along State 33 to U.S. Highway 45, northerly along U.S. 45 to the east shore of the Fond Du Lac River, northerly along the east shore of the Fond Du Lac River to Lake Winnebago, northerly along the western shoreline of Lake Winnebago to the Fox River, then westerly along the Fox River to State 21. PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 Collins Zone: That area encompassed by a line beginning at the intersection of Hilltop Road and Collins Marsh Road in Manitowoc County and extending westerly along Hilltop Road to Humpty Dumpty Road, southerly along Humpty Dumpty Road to Poplar Grove Road, easterly along Poplar Grove Road to Rockea Road, southerly along Rockea Road to County Highway JJ, southeasterly along County JJ to Collins Road, southerly along Collins Road to the Manitowoc River, southeasterly along the Manitowoc River to Quarry Road, northerly along Quarry Road to Einberger Road, northerly along Einberger Road to Moschel Road, westerly along Moschel Road to Collins Marsh Road, northerly along Collins Marsh Road to Hilltop Road. Exterior Zone: That portion of the State not included in the Horicon or Collins Zones. Mississippi River Subzone: That area encompassed by a line beginning at the intersection of the Burlington Northern & Santa Fe Railway and the Illinois State line in Grant County and extending northerly along the Burlington Northern & Santa Fe Railway to the city limit of Prescott in Pierce County, then west along the Prescott city limit to the Minnesota State line. Rock Prairie Subzone: That area encompassed by a line beginning at the intersection of the Illinois State line and Interstate Highway 90 and extending north along I–90 to County Highway A, east along County A to U.S. Highway 12, southeast along U.S. 12 to State Highway 50, west along State 50 to State 120, then south along 120 to the Illinois State line. Brown County Subzone: That area encompassed by a line beginning at the intersection of the Fox River with Green Bay in Brown County and extending southerly along the Fox River to State Highway 29, northwesterly along State 29 to the Brown County line, south, east, and north along the Brown County line to Green Bay, due west to the midpoint of the Green Bay Ship Channel, then southwesterly along the Green Bay Ship Channel to the Fox River. Central Flyway Colorado (Central Flyway Portion) Northern Front Range Area: All areas in Boulder, Larimer and Weld Counties from the Continental Divide east along the Wyoming border to U.S. 85, south on U.S. 85 to the Adams County line, and all lands in Adams, Arapahoe, Broomfield, Clear Creek, Denver, Douglas, Gilpin, and Jefferson Counties. North Park Area: Jackson County. E:\FR\FM\24AUP3.SGM 24AUP3 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules rwilkins on PROD1PC63 with PROPOSAL_3 South Park and San Luis Valley Area: All of Alamosa, Chaffee, Conejos, Costilla, Custer, Fremont, Lake, Park, Rio Grande and Teller Counties, and those portions of Saguache, Mineral and Hinsdale Counties east of the Continental Divide. Remainder: Remainder of the Central Flyway portion of Colorado. Eastern Colorado Late Light Goose Area: That portion of the State east of Interstate Highway 25. Nebraska Dark Geese: Niobrara Unit: That area contained within and bounded by the intersection of the South Dakota State line and the Cherry County line, south along the Cherry County line to the Niobrara River, east to the Norden Road, south on the Norden Road to U.S. Hwy 20, east along U.S. Hwy 20 to NE Hwy 137, north along NE Hwy 137 to the Niobrara River, east along the Niobrara River to the Boyd County line, north along the Boyd County line to the South Dakota State line. Where the Niobrara River forms the boundary, both banks of the river are included in the Niobrara Unit. East Unit: That area north and east of U.S. 281 at the Kansas’Nebraska State line, north to Giltner Road (near Doniphan), east to NE 14, north to NE 66, east to U.S. 81, north to NE 22, west to NE 14 north to NE 91, east to U.S. 275, south to U.S. 77, south to NE 91, east to U.S. 30, east to Nebraska—Iowa State line. Platte River Unit: That area south and west of U.S. 281 at the Kansas— Nebraska State line, north to Giltner Road (near Doniphan), east to NE 14, north to NE 66, east to U.S. 81, north to NE 22, west to NE 14 north to NE 91, west along NE 91 to NE 11, north to the Holt County line, west along the northern border of Garfield, Loup, Blaine and Thomas Counties to the Hooker County line, south along the Thomas’Hooker County lines to the McPherson County line, east along the south border of Thomas County to the western line of Custer County, south along the Custer—Logan County line to NE 92, west to U.S. 83, north to NE 92, west to NE 61, north along NE 61 to NE 2, west along NE 2 to the corner formed by Garden—Grant—Sheridan Counties, west along the north border of Garden, Morrill, and Scotts Bluff Counties to the Wyoming State line. North—Central Unit: The remainder of the State. Light Geese: Rainwater Basin Light Goose Area (West): The area bounded by the junction of U.S. 283 and U.S. 30 at Lexington, east on U.S. 30 to U.S. 281, VerDate Aug<31>2005 17:51 Aug 23, 2006 Jkt 208001 south on U.S. 281 to NE 4, west on NE 4 to U.S. 34, continue west on U.S. 34 to U.S. 283, then north on U.S. 283 to the beginning. Rainwater Basin Light Goose Area (East): The area bounded by the junction of U.S. 281 and U.S. 30 at Grand Island, north and east on U.S. 30 to NE 92, east on NE 92 to NE 15, south on NE 15 to NE 4, west on NE 4 to U.S. 281, north on U.S. 281 to the beginning. Remainder of State: The remainder portion of Nebraska. New Mexico (Central Flyway Portion) Dark Geese: Middle Rio Grande Valley Unit: Sierra, Socorro, and Valencia Counties. Remainder: The remainder of the Central Flyway portion of New Mexico. South Dakota Canada Geese: Unit 1: Statewide except for Units 2, 3 and 4. Big Stone Power Plant Area: That portion of Grant and Roberts Counties east of SD 15 and north of SD 20. Unit 2: Bon Homme, Brule, Buffalo, Charles Mix, Gregory, Hughes, Lyman, Stanley, and Sully Counties; that portion of Dewey County south of U.S. 212, that portion of Hyde County south of U.S. Highway 14; that portion of Potter County west of U.S. Highway 83; Fall River County east of SD 71 and U.S. 385; and that portion of Custer County, east of SD 79 and south of French Creek. Unit 3: Clark, Codington, Day, Deuel, Grant, Hamlin, Marshall, and Roberts Counties. Unit 4: Bennett County. Texas Northeast Goose Zone: That portion of Texas lying east and north of a line beginning at the Texas—Oklahoma border at U.S. 81, then continuing south to Bowie and then southeasterly along U.S. 81 and U.S. 287 to I–35W and I– 35 to the juncture with I–10 in San Antonio, then east on I–10 to the Texas– Louisiana border. Southeast Goose Zone: That portion of Texas lying east and south of a line beginning at the International Toll Bridge at Laredo, then continuing north following I–35 to the juncture with I–10 in San Antonio, then easterly along I– 10 to the Texas–Louisiana border. West Goose Zone: The remainder of the State. Wyoming (Central Flyway Portion) Dark Geese: Area 1: Converse, Hot Springs, Natrona, and Washakie Counties, and the portion of Park County east of the Shoshone National Forest boundary and PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 50245 south of a line beginning where the Shoshone National Forest boundary crosses Park County Road 8VC, easterly along said road to Park County Road 1AB, easterly along said road to Wyoming Highway 120, northerly along said highway to Wyoming Highway 294, southeasterly along said highway to Lane 9, easterly along said lane to the town of Powel and Wyoming Highway 14A, easterly along said highway to the Park County and Big Horn County Line. Area 2: Albany, Campbell, Crook, Johnson, Laramie, Niobrara, Sheridan, and Weston Counties, and that portion of Carbon County east of the Continental Divide; that portion of Park County west of the Shoshone National Forest boundary, and that portion of Park County north of a line beginning where the Shoshone National Forest boundary crosses Park County Road 8VC, easterly along said road to Park County Road 1AB, easterly along said road to Wyoming Highway 120, northerly along said highway to Wyoming Highway 294, southeasterly along said highway to Lane 9, easterly along said lane to the town of Powel and Wyoming Highway 14A, easterly along said highway to the Park County and Big Horn County Line. Area 3: Goshen and Platte Counties. Area 4: Big Horn and Fremont Counties. Pacific Flyway Arizona North Zone: Game Management Units 1–5, those portions of Game Management Units 6 and 8 within Coconino County, and Game Management units 7, 9, and 12A. South Zone: Those portions of Game Management Units 6 and 8 in Yavapai County, and Game Management Units 10 and 12B–45. 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 E:\FR\FM\24AUP3.SGM 24AUP3 rwilkins on PROD1PC63 with PROPOSAL_3 50246 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules 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 Bernardino— Riverside County line; south on a road known in Riverside County as the ‘‘Desert Center to Rice Road’’ to the 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. Imperial County Special Management Area: The area bounded by a line beginning at Highway 86 and the Navy Test Base Road; south on Highway 86 to the town of Westmoreland; continue through the town of Westmoreland to Route S26; east on Route S26 to Highway 115; north on Highway 115 to Weist Rd.; north on Weist Rd. to Flowing Wells Rd.; northeast on Flowing Wells Rd. to the Coachella Canal; northwest on the Coachella Canal to Drop 18; a straight line from Drop 18 to Frink Rd.; south on Frink Rd. to Highway 111; north on Highway 111 to Niland Marina Rd.; southwest on Niland Marina Rd. to the old Imperial County boat ramp and the water line of the Salton Sea; from the water line of the VerDate Aug<31>2005 17:51 Aug 23, 2006 Jkt 208001 Salton Sea, a straight line across the Salton Sea to the Salinity Control Research Facility and the Navy Test Base Road; southwest on the Navy Test Base Road to the point of beginning. Balance-of-the-State Zone: The remainder of California not included in the Northeastern, Southern, and the Colorado River Zones. North Coast Special Management Area: The Counties of Del Norte and Humboldt. Sacramento Valley Special Management Area (West): That area bounded by a line beginning at Willows south on I–5 to Hahn Road; easterly on Hahn Road and the Grimes-Arbuckle Road to Grimes; northerly on CA 45 to the junction with CA 162; northerly on CA 45/162 to Glenn; and westerly on CA 162 to the point of beginning in Willows. Colorado (Pacific Flyway Portion) West Central Area: Archuleta, Delta, Dolores, Gunnison, LaPlata, Montezuma, Montrose, Ouray, San Juan, and San Miguel Counties and those portions of Hinsdale, Mineral, and Saguache Counties west of the Continental Divide. State Area: The remainder of the Pacific Flyway Portion of Colorado. Idaho Zone 1: Benewah, Bonner, Boundary, Clearwater, Idaho, Kootenai, Latah, Lewis, Nez Perce, and Shoshone Counties. Zone 2: The Counties of Ada; Adams; Boise; Canyon; those portions of Elmore north and east of I–84, and south and west of I–84, west of ID 51, except the Camas Creek drainage; Gem; Owyhee west of ID 51; Payette; Valley; and Washington. Zone 3: The Counties of Blaine; Camas; Cassia; those portions of Elmore south of I–84 east of ID 51, and within the Camas Creek drainage; Gooding; Jerome; Lincoln; Minidoka; Owyhee east of ID 51; Power within the Minidoka National Wildlife Refuge; and Twin Falls. Zone 4: The Counties of Bear Lake; Bingham within the Blackfoot Reservoir drainage; Bonneville, Butte; Caribou except the Fort Hall Indian Reservation; Clark; Custer; Franklin; Fremont; Jefferson; Lemhi; Madison; Oneida; Power west of ID 37 and ID 39 except the Minidoka National Wildlife Refuge; and Teton. Zone 5: All lands and waters within the Fort Hall Indian Reservation, including private inholdings; Bannock County; Bingham County, except that portion within the Blackfoot Reservoir PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 drainage; and Power County east of ID 37 and ID 39. Montana (Pacific Flyway Portion) East of the Divide Zone: The Pacific Flyway portion of the State located east of the Continental Divide. West of the Divide Zone: The remainder of the Pacific Flyway portion of Montana. Nevada Lincoln Clark County Zone: All of Lincoln and Clark Counties. Remainder-of-the-State Zone: The remainder of Nevada. New Mexico (Pacific Flyway Portion) North Zone: The Pacific Flyway portion of New Mexico located north of I–40. South Zone: The Pacific Flyway portion of New Mexico located south of I–40. Oregon Southwest Zone: Those portions of Douglas, Coos, and Curry Counties east of Highway 101, and Josephine and Jackson Counties. South Coast Zone: Those portions of Douglas, Coos, and Curry Counties west of Highway 101. Northwest Special Permit Zone: That portion of western Oregon west and north of a line running south from the Columbia River in Portland along I–5 to OR 22 at Salem; then east on OR 22 to the Stayton Cutoff; then south on the Stayton Cutoff to Stayton and due south to the Santiam River; then west along the north shore of the Santiam River to I–5; then south on I–5 to OR 126 at Eugene; then west on OR 126 to Greenhill Road; then south on Greenhill Road to Crow Road; then west on Crow Road to Territorial Hwy; then west on Territorial Hwy to OR 126; then west on OR 126 to Milepost 19, north to the intersection of the Benton and Lincoln County line, north along the western boundary of Benton and Polk Counties to the southern boundary of Tillamook County, west along the Tillamook County boundary to the Pacific Coast. Lower Columbia/N. Willamette Valley Management Area: Those portions of Clatsop, Columbia, Multnomah, and Washington Counties within the Northwest Special Permit Zone. Northwest Zone: Those portions of Clackamas, Lane, Linn, Marion, Multnomah, and Washington Counties outside of the Northwest Special Permit Zone and all of Lincoln County. Closed Zone: All of Tillamook County. Eastern Zone: Hood River, Wasco, Sherman, Gilliam, Morrow, Umatilla, E:\FR\FM\24AUP3.SGM 24AUP3 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules Deschutes, Jefferson, Crook, Wheeler, Grant, Baker, Union, and Wallowa Counties. Harney, Lake, and Malheur County Zone: All of Harney, Lake, and Malheur Counties. Klamath County Zone: All of Klamath County. Utah rwilkins on PROD1PC63 with PROPOSAL_3 Northern Utah Zone: All of Cache and Rich Counties, and that portion of Box Elder County beginning at I–15 and the Weber-Box Elder County line; east and north along this line to the Weber-Cache County line; east along this line to the Cache-Rich County line; east and south along the Rich County line to the UtahWyoming State line; north along this line to the Utah-Idaho State line; west on this line to Stone, Idaho-Snowville, Utah road; southwest on this road to Locomotive Springs Wildlife Management Area; east on the county road, past Monument Point and across Salt Wells Flat, to the intersection with Promontory Road; south on Promontory Road to a point directly west of the northwest corner of the Bear River Migratory Bird Refuge boundary; east along an imaginary line to the northwest corner of the Refuge boundary; south and east along the Refuge boundary to the southeast corner of the boundary; northeast along the boundary to the Perry access road; east on the Perry access road to I–15; south on I–15 to the Weber-Box Elder County line. Remainder-of-the-State Zone: The remainder of Utah. VerDate Aug<31>2005 17:51 Aug 23, 2006 Jkt 208001 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 County. 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. Brant Pacific Flyway California North Coast Zone: Del Norte, Humboldt and Mendocino Counties. South Coast Zone: Balance of the State. Washington Puget Sound Zone: Skagit County. Coastal Zone: Pacific County. Swans Central Flyway South Dakota: Aurora, Beadle, Brookings, Brown, Brule, Buffalo, Campbell, Clark, Codington, Davison, PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 50247 Deuel, Day, Edmunds, Faulk, Grant, Hamlin, Hand, Hanson, Hughes, Hyde, Jerauld, Kingsbury, Lake, Marshall, McCook, McPherson, Miner, Minnehaha, Moody, Potter, Roberts, Sanborn, Spink, Sully, and Walworth Counties. Pacific Flyway Montana (Pacific Flyway Portion) Open Area: Cascade, Chouteau, Hill, Liberty, and Toole Counties and those portions of Pondera and Teton Counties lying east of U.S. 287–89. Nevada Open Area: Churchill, Lyon, and Pershing Counties. Utah Open Area: Those portions of Box Elder, Weber, Davis, Salt Lake, and Toole Counties lying west of I–15, north of I–80 and south of a line beginning from the Forest Street exit to the Bear River National Wildlife Refuge boundary, then north and west along the Bear River National Wildlife Refuge boundary to the farthest west boundary of the Refuge, then west along a line to Promontory Road, then north on Promontory Road to the intersection of SR 83, then north on SR 83 to I–84, then north and west on I–84 to State Hwy 30, then west on State Hwy 30 to the Nevada-Utah State line, then south on the Nevada-Utah State line to I–80. [FR Doc. 06–7027 Filed 8–23–06; 8:45 am] BILLING CODE 4310–55–P E:\FR\FM\24AUP3.SGM 24AUP3

Agencies

[Federal Register Volume 71, Number 164 (Thursday, August 24, 2006)]
[Proposed Rules]
[Pages 50224-50247]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7027]



[[Page 50223]]

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Part IV





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 Late-Season Migratory 
Bird Hunting Regulations; Proposed Rule

Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / 
Proposed Rules

[[Page 50224]]


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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 Late-Season 
Migratory Bird Hunting Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; supplemental.

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SUMMARY: The Fish and Wildlife Service (hereinafter Service or we) is 
proposing to establish the 2006-07 late-season hunting regulations for 
certain migratory game birds. We annually prescribe frameworks, or 
outer limits, for dates and times when hunting may occur and the number 
of birds that may be taken and possessed in late seasons. These 
frameworks are necessary to allow State selections of seasons and 
limits and to allow recreational harvest at levels compatible with 
population and habitat conditions.

DATES: You must submit comments on the proposed migratory bird hunting 
late-season frameworks by September 5, 2006.

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

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

SUPPLEMENTARY INFORMATION:

Regulations Schedule for 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.
    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.
    On June 21 and 22, we held open meetings with the Flyway Council 
Consultants, at which the participants reviewed information on the 
current status of migratory shore and upland game birds and developed 
recommendations for the 2006-07 regulations for these species plus 
regulations for migratory game birds in Alaska, Puerto Rico, and the 
Virgin Islands; special September waterfowl seasons in designated 
States; special sea duck seasons in the Atlantic Flyway; and extended 
falconry seasons. In addition, we reviewed and discussed preliminary 
information on the status of waterfowl as it relates to the development 
and selection of the regulatory packages for the 2006-07 regular 
waterfowl seasons. On July 28, 2006, we published in the Federal 
Register (71 FR 43008) a third document specifically dealing with the 
proposed frameworks for early-season regulations. In late August, we 
will publish a rulemaking establishing final frameworks for early-
season migratory bird hunting regulations for the 2006-07 season.
    On July 26-27, 2006, we held open meetings with the Flyway Council 
Consultants, at which the participants reviewed the status of waterfowl 
and developed recommendations for the 2006-07 regulations for these 
species. This document deals specifically with proposed frameworks for 
the late-season migratory bird hunting regulations. It will lead to 
final frameworks from which States may select season dates, shooting 
hours, areas, and limits.
    We have considered all pertinent comments received through July 31, 
2006, in developing this document. In addition, new proposals for 
certain late-season regulations are provided for public comment. The 
comment period is specified above under DATES. We will publish final 
regulatory frameworks for late-season migratory game bird hunting in 
the Federal Register on or around September 20, 2006.

Population Status and Harvest

    The following paragraphs provide a brief summary of information on 
the status and harvest of waterfowl excerpted from various reports. For 
more detailed information on methodologies and results, you may obtain 
complete copies of the various reports at the address indicated under 
ADDRESSES or from our Web site at https://migratorybirds.fws.gov.

Status of Ducks

    Federal, provincial, and State agencies conduct surveys each spring 
to estimate the size of breeding populations and to evaluate the 
conditions of the habitats. These surveys are conducted using fixed-
wing aircraft and helicopters and encompass principal breeding areas of 
North America, and cover over 2.0 million square miles. The Traditional 
survey area comprises Alaska, Canada, and the northcentral United 
States, and includes approximately 1.3 million square miles. The 
Eastern survey area includes parts of Ontario, Quebec, Labrador, 
Newfoundland, Nova Scotia, Prince Edward Island, New Brunswick, New 
York, and Maine, an area of approximately 0.7 million square miles.
Breeding Ground Conditions
    Despite a very warm winter, breeding waterfowl habitat quality in 
the United States 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. Habitat conditions on the U.S prairies were more variable than 
those on the Canadian prairies. The 2006 pond estimate for the 
northcentral United States (1.6  0.1 million) was similar 
to last year's estimate and the long-term average. The total pond 
estimate (Prairie Canada and United States 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.
    In the Eastern Survey Area (strata 51-72), spring-like conditions 
also arrived early with an early ice break-up and

[[Page 50225]]

relatively mild temperatures. Biologists reported that habitat 
conditions were generally good across most of the survey area.
Breeding Population Status
    In the Waterfowl Breeding Population and Habitat Survey traditional 
survey area (strata 1-18, 20-50, and 75-77), the total duck population 
estimate was 36.2  0.6 [SE] million birds. This was 14 
percent greater than last year's estimate of 31.7  0.6 
million birds and 9 percent above the 1955-2005 long-term average. 
Mallard (Anas platyrhynchos) abundance was 7.3  0.2 million 
birds, which was similar to last year's estimate of 6.8  
0.3 million birds and to the long-term average. Blue-winged teal (A. 
discors) abundance was 5.9  0.3 million birds. This value 
was 28 percent greater than last year's estimate of 4.6  
0.2 million birds and 30 percent above the long-term average. The 
estimated abundance of green-winged teal (A. crecca; 2.6  
0.2 million) was 20 percent greater than last year and 39 percent above 
the long-term average. The estimated number of gadwall (A. strepera; 
2.8  0.2 million) was 30 percent greater than last year and 
was 67 percent above the long-term average, and the estimated number of 
redheads (Aythya americana; 0.9  0.1 million) increased 55 
percent relative to 2005 and was 47 percent above the long-term 
average. The canvasback estimate (A. valisineria; 0.7  0.1 
million) was 33 percent higher than last year's and was 23 percent 
higher than the long-term average. The Northern shoveler (Anas 
clypeata; 3.7  0.2 million) estimate was similar to last 
year's, and 69 percent above the long-term average. Although estimates 
for most species increased relative to last year's and were greater 
than their long-term averages, American wigeon (A. americana; 2.2 
 0.1 million) and scaup (Aythya affinis and A. marila 
combined; 3.2  0.2 million) estimates were unchanged 
relative to 2005, but remained 17 percent and 37 percent below their 
long-term averages, respectively. The estimate for scaup was a record 
low for the second consecutive year. The Northern pintail (Anas acuta; 
3.4  0.2 million) estimate was 18 percent below its 1955-
2005 average, although this year's estimate was 32 percent greater than 
that of last year.
    The eastern survey area was restratified in 2005, and is now 
composed of strata 51-72. Mergansers (red-breasted [Mergus serrator], 
common [M. merganser], and hooded [Lophodytes cucullatus;]), mallards, 
American black ducks (A. rubripes), Ringnecked ducks (Aythya collaris), 
goldeneyes (common [Bucephala clangula] and Barrow's [B. islandica]) 
and green-winged teal were all similar to their 2005 estimates. 
American wigeon (-51 percent) and buffleheads ([B. albeola], -58 
percent) were lower than their 2005 estimates. None of the species in 
the eastern survey area differed from long-term averages.
Fall Flight Estimate
    The mid-continent mallard population is composed of mallards from 
the traditional survey area, Michigan, Minnesota, and Wisconsin, and is 
7.9  0.2 million. This is similar to the 2005 estimate of 
7.5  0.3 million. The projected mallard fall flight index 
was 9.8  0.1 million, similar to the 2005 estimate of 9.3 
 0.1 million birds. These indices were based on revised 
mid-continent mallard population models, and therefore, differ from 
those previously published.
    See section 1.A. Harvest Strategy Considerations for further 
discussion of the implications of this information for this year's 
selection of the appropriate hunting regulations.

Status of Geese and Swans

    We provide information on the population status and productivity of 
North American Canada geese (Branta canadensis), brant (B. bernicla), 
snow geese (Chen caerulescens), Ross' geese (C. rossii), emperor geese 
(C. canagica), white-fronted geese (Anser albifrons), and tundra swans 
(Cygnus columbianus). In 2006, the timing of spring snowmelt in 
important goose and swan nesting areas in most of the Arctic and 
subarctic was earlier than average. Delayed nesting phenology or 
reduced nesting effort was indicated for only Alaska's Yukon Delta, 
other coastal areas of Alaska, and near the Mackenzie River Delta in 
the western Canadian Arctic. Primary abundance indices in 2006 
increased from 2005 levels for 13 goose populations and decreased for 
11 goose populations. Primary abundance indices in 2006 for both 
populations of tundra swans increased from 2005 levels. The Mississippi 
Flyway Giant and the Atlantic Canada goose populations, the Western 
Arctic/Wrangel Island snow goose population, and the Pacific white-
fronted goose population displayed significant positive trends during 
the most recent 10-year period. The Short Grass Prairie Canada goose 
and the Mid-continent light goose populations showed significant 
negative 10-year trends. The forecast for the production of geese and 
swans in North America in 2006 is generally favorable and improved from 
that of 2005.

Waterfowl Harvest and Hunter Activity

    During the 2005-06 hunting season, both duck and goose harvest 
increased from the previous year. U.S. hunters harvested 12,510,800 
ducks in 2005-06, compared to 12,385,700 in 2004-05, and they harvested 
3,660,700 geese, compared to 3,200,400 geese taken in 2004-05. The five 
most commonly harvested duck species were mallard (4,466,927), green-
winged teal (1,500,479), gadwall (1,363,954), wood duck (1,119,921), 
and blue-winged/cinnamon teal (703,534).

Review of Public Comments and Flyway Council Recommendations

    The preliminary proposed rulemaking, which appeared in the April 
11, 2006, Federal Register, opened the public comment period for 
migratory game bird hunting regulations. The supplemental proposed 
rule, which appeared in the May 30, 2006, Federal Register, discussed 
the regulatory alternatives for the 2006-07 duck hunting season. Late-
season comments are summarized below and numbered in the order used in 
the April 11 and July 28 Federal Register documents. We have included 
only the numbered items pertaining to late-season issues for which we 
received written comments. Consequently, the issues do not follow in 
successive numerical or alphabetical order.
    We received recommendations from all four Flyway Councils. Some 
recommendations supported continuation of last year's frameworks. Due 
to the comprehensive nature of the annual review of the frameworks 
performed by the Councils, support for continuation of last year's 
frameworks is assumed for items for which no recommendations were 
received. Council recommendations for changes in the frameworks are 
summarized below.
    We seek additional information and comments on the recommendations 
in this supplemental proposed rule. New proposals and modifications to 
previously described proposals are discussed below. Wherever possible, 
they are discussed under headings corresponding to the numbered items 
in the April 11 and July 28, 2006, Federal Register documents.

1. Ducks

    Categories used to discuss issues related to duck harvest 
management are: (A) Harvest Strategy Considerations, (B) Regulatory 
Alternatives, (C) Zones and Split Seasons, and (D) Special Seasons/
Species Management. The categories correspond to previously published

[[Page 50226]]

issues/discussion, and only those containing substantial 
recommendations are discussed below.
A. Harvest Strategy Considerations
    Council Recommendations: The Atlantic and Pacific Flyway Councils 
and the Upper- and Lower-Regulations Committees of the Mississippi 
Flyway Council recommended the adoption of the ``liberal'' regulatory 
alternative.
    The Central Flyway Council also recommended the ``liberal'' 
alternative. However, as part of their Hunter's Choice experiment, they 
recommended the following bag limits:

    In Colorado, Montana, Nebraska, New Mexico, and Oklahoma, the 
daily bag limit would be six ducks, with species and sex 
restrictions as follows: five mallards (no more than two of which 
may be females), two redheads, two scaup, two wood ducks, one 
pintail, one mottled duck, and one canvasback. For pintails and 
canvasbacks, the season length would be 39 days, which may be split 
according to applicable zones/split duck hunting configurations 
approved for each State.
    In Kansas, North Dakota, South Dakota, Texas, and Wyoming, the 
daily bag limit would be five ducks, with species and sex 
restrictions as follows: two scaup, two redheads, and two wood 
ducks, and only one from the following group--hen mallards, mottled 
ducks, pintails, canvasbacks.

    Service Response: We are continuing development of an Adaptive 
Harvest Management (AHM) protocol that would allow hunting regulations 
to vary among Flyways in a manner that recognizes each Flyway's unique 
breeding-ground derivation of mallards. For the 2006 hunting season, we 
believe that the prescribed regulatory choice for the Mississippi, 
Central, and Pacific Flyways should continue to depend on the status of 
midcontinent mallards. We also recommend that the regulatory choice for 
the Atlantic Flyway continue to depend on the status of eastern 
mallards. Investigations of the dynamics of western mallards (and their 
potential effect on regulations in the West) are continuing; therefore 
we are not yet prepared to recommend an AHM protocol for this mallard 
stock.
    For the 2006 hunting season, we are continuing to consider the same 
regulatory alternatives as those used last year. The nature of the 
restrictive, moderate, and liberal alternatives has remained 
essentially unchanged since 1997, except that extended framework dates 
have been offered in the moderate and liberal regulatory alternatives 
since 2002. Also, we agreed in 2003 to place a constraint on closed 
seasons in the western three Flyways whenever the midcontinent mallard 
breeding-population size (traditional survey area plus Minnesota, 
Michigan, and Wisconsin) is >=5.5 million.
    Optimal AHM strategies for the 2006 hunting season were calculated 
using: (1) Harvest-management objectives specific to each mallard 
stock; (2) the 2006 regulatory alternatives; and (3) current population 
models and associated weights for midcontinent and eastern mallards. 
Based on this year's survey results of 7.86 million midcontinent 
mallards (traditional survey area plus Michigan, Minnesota, and 
Wisconsin), 4.45 million ponds in Prairie Canada, and 899,000 eastern 
mallards, we believe the appropriate regulatory choice for all four 
Flyways is the ``liberal'' alternative.
    Therefore, we concur with the recommendations of the Atlantic, 
Mississippi, Central, and Pacific Flyway Councils regarding selection 
of the ``liberal'' regulatory alternative and propose to adopt the 
``liberal'' regulatory alternative, as described in the May 30 Federal 
Register.
    Regarding Hunter's Choice, we support the Central Flyway Council's 
recommendation to initiate a 3-year evaluation of the Central Flyway's 
Hunter's Choice duck bag limit this year. The Central Flyway's Hunter's 
Choice regulations are intended to limit harvest on pintails and 
canvasbacks in a manner similar to the season-within-a-season 
regulations. Hunter's Choice regulations should also reduce harvests of 
mottled ducks and hen mallards, while maintaining full hunting 
opportunity on abundant species such as drake mallards. For the species 
included in the aggregate bag limit, the harvest of one species is 
intended to ``buffer'' the harvest of the others, thus reducing the 
harvest of all species included in the one-bird category. The Central 
Flyway has accumulated 4 years of baseline information on harvests 
resulting from ``season-within-a-season'' regulations in the Central 
Flyway; the season length for pintails and canvasbacks in season-
within-a-season States under the ``liberal'' alternative will be 39 
days.
    Five States (Kansas, North Dakota, South Dakota, Texas, and 
Wyoming) have been randomly assigned to Hunter's Choice regulations and 
the remaining five States (Colorado, Montana, Nebraska, New Mexico, and 
Oklahoma) will serve as controls (season-within-a-season regulations) 
as the evaluation proceeds. The overall duck daily bag limit will be 
reduced from six to five for the Hunter's Choice States.
    Finally, we believe that implementation of this experiment should 
not preclude any future changes in hunting regulations that may be 
deemed necessary on an annual basis for any other duck species in the 
Central Flyway, if such changes are deemed necessary.
D. Special Seasons/Species Management
iii. Black Ducks
    Council Recommendations: The Atlantic Flyway Council and the Upper- 
and Lower-Regulations Committees of the Mississippi Flyway Council 
recommended that black duck harvest regulations remain unchanged for 
the 2006-07 season, while the Joint Atlantic Flyway--Mississippi Flyway 
Black Duck Committee continues to work with the Canadian Wildlife 
Service and the Fish and Wildlife Service to reach consensus on an 
interim black duck harvest strategy.
    Service Response: We are proposing no change in the current harvest 
strategy on black ducks this year until new analyses are completed and 
evaluated with the United States Geological Survey and the 
International Black Duck Harvest Strategy Committee. We encourage both 
the Atlantic and Mississippi Flyway Councils to participate in this 
process. An important component of any new harvest strategy will be 
agreement on population objectives and regulatory strategies to inform 
future harvest-management decisions.
iv. Canvasbacks
    Council Recommendations: The Atlantic and Pacific Flyway Councils 
and the Upper- and Lower-Region Regulations Committees of the 
Mississippi Flyway Council recommended a full season for canvasbacks 
consisting of a 1-bird daily bag limit and a 60-day season in the 
Atlantic and Mississippi Flyways, and 107-day season in the Pacific 
Flyway.
    The Central Flyway Council, as part of their Hunter's Choice 
experiment, recommended a full season (74 days) for canvasbacks with a 
1-bird daily bag limit in Kansas, North Dakota, South Dakota, Texas, 
and Wyoming and a 39-day season with a 1-bird daily bag limit in 
Colorado, Montana, Nebraska, New Mexico, and Oklahoma.
    Service Response: This year's spring survey resulted in an estimate 
of 691,000 canvasbacks. This was 33 percent above the 2005 estimate of 
520,600 canvasbacks and 23 percent above the 1955-2005 average. The 
estimate of ponds in Prairie Canada was 4.4 million, which was 13 
percent above last year and 32 percent above the long-term average. 
According to the canvasback harvest strategy, the

[[Page 50227]]

allowable harvest in the United States is 266,000 birds. Since 
allowable harvest is larger than the predicted harvest in the United 
States during a ``liberal'' duck season (118,900 canvasbacks), a 
canvasback season spanning the entire length of the 2006-07 regular 
duck season is supported.
    Furthermore, we agree with the Central Flyway Council's 
recommendation to adopt a 39-day ``season-within-a-season'' for 
canvasbacks in Colorado, Montana, Nebraska, New Mexico, and Oklahoma. 
We understand that this departure from the canvasback strategy is a 
necessary part of the experimental ``Hunter's Choice'' season.
v. Pintails
    Council Recommendations: The Atlantic and Pacific Flyway Councils 
and the Upper- and Lower-Region Regulations Committees of the 
Mississippi Flyway Council recommended a full season for pintails 
consisting of a 1-bird daily bag limit and a 60-day season in the 
Atlantic and Mississippi Flyways, and a 107-day season in the Pacific 
Flyway.
    The Central Flyway Council, as part of their Hunter's Choice 
experiment, recommended a full season (74 days) for pintails with a 1-
bird daily bag limit in Kansas, North Dakota, South Dakota, Texas, and 
Wyoming and a 39-day season with a 1-bird daily bag limit in Colorado, 
Montana, Nebraska, New Mexico, and Oklahoma.
    Service Response: During the spring of 2006, each Flyway Council 
endorsed the incorporation of several technical updates to the modeling 
framework used in the pintail harvest strategy. Based on these 
technical updates, along with an observed spring breeding population of 
3.39 million, an overflight-bias-corrected breeding population of 4.23 
million, and a projected fall flight of 5.34 million pintails, the 
interim pintail harvest strategy prescribes a full season and a 1-bird 
daily bag limit in all Flyways. Under the ``liberal'' season length, 
this regulation is expected to result in a harvest of 569,000 pintails 
and an observed breeding population estimate of 3.45 million in 2007.
    Furthermore, we agree with the Central Flyway Council's 
recommendation to adopt a 39-day ``season-within-a-season'' for 
pintails in Colorado, Montana, Nebraska, New Mexico, and Oklahoma. We 
understand that this departure from the pintail strategy is a necessary 
part of the experimental ``Hunter's Choice'' season.
vi. Scaup
    Council Recommendations: The Atlantic, Central, and Pacific Flyway 
Councils and the Upper- and Lower-Region Regulations Committees of the 
Mississippi Flyway Council recommended no changes in scaup harvest 
regulations for 2006. All the Flyway Councils reiterated their support 
for the cooperative development of a comprehensive scaup harvest 
management strategy.
    Service Response: We are aware that the Flyway Councils and the 
Service have not made the progress anticipated in the development of a 
viable strategy to manage harvest that acknowledges the uncertainty 
about what factors are really influencing scaup numbers, but at the 
same time provides guidance on what changes in regulations are still 
appropriate.
    Although we remain very concerned about the continued decline in 
scaup numbers and other evidence that this species is not doing well, 
we are proposing no change in scaup regulations for the 2006-07 hunting 
season. This decision is made with the firm understanding that a 
harvest strategy will be available for review this fall. The Service 
will develop the draft in time for review by the Flyway Councils at 
their winter meetings. Recommendations regarding the strategy will be 
expected from the Council meetings next March for consideration during 
the early-season regulations process.
    We also are aware that much time and effort have been spent to date 
by researchers and managers to begin to help identify those factors 
during the scaup's annual cycle that are most important in influencing 
population change and we want this momentum to continue. We also 
acknowledge that our database on scaup, compared to many other 
waterfowl species, is limited; and any enhancement of our understanding 
of scaup population dynamics, which has a direct bearing on the utility 
of the harvest strategy, will require better information from the 
field. We encourage the Flyway Councils to work with us to help 
identify and support additional data-gathering activities for scaup and 
work with other groups and organizations to ensure that their programs, 
including existing or new habitat initiatives, can also be aligned to 
benefit scaup populations.
vii. Mottled Ducks
    We continue to be concerned about the status of the Western Gulf 
Coast Population of mottled ducks. We recognize that the mottled duck 
is an integral part of the Central Flyway's Hunter's Choice bag-limit 
experiment, and we support inclusion of the mottled duck among those 
species with bag-limit restriction in the experiment as requested by 
the Central Flyway Council. However, we want to be clear that if it is 
determined that further reductions in harvest, or a different approach 
to harvest reduction, are warranted at any time over the next 3 years, 
we will make those changes. Thus, the implementation of this experiment 
will not preclude any future changes in hunting regulations that may be 
deemed necessary on an annual basis for mottled ducks.
    We are pleased to see that the Central and Mississippi Flyway 
Councils and Service staff have initiated the work we requested on an 
approach to accomplish harvest reductions if reductions are determined 
to be necessary. We encourage that work to continue.

3. Mergansers

    Council Recommendations: The Atlantic Flyway Council and Upper- and 
Lower-Region Regulations Committees of the Mississippi Flyway Council 
recommended that the daily bag limit on hooded mergansers be increased 
from 1 to 2 birds.
    Service Response: We support the recommendations of the Atlantic 
and Mississippi Flyway to increase the bag limit for hooded mergansers 
from 1 to 2 and note that the survey information suggests this species 
is increasing throughout its range. Based on this fact, we propose a 2-
bird daily bag limit for hooded mergansers in the Atlantic, 
Mississippi, and Central Flyways.

4. Canada Geese

B. Regular Seasons
    Council Recommendations: The Atlantic Flyway Council forwarded a 
number of recommendations concerning Canada geese. First, the Council 
recommended that the framework opening date for the regular Canada 
goose season in the Lake Champlain Zones of Vermont and New York, the 
Interior Zone of Vermont, and the Western Zone of Massachusetts be 
fixed at October 20, beginning in 2006. Regarding the experimental 
season in Back Bay, Virginia, the Council recommended that the Service 
allow 1,000 permits to be issued in North Carolina's Northeast Hunt 
Unit, that the daily bag limit in Virginia be increased from 1 bird to 
2 birds, and that the experimental season in both North Carolina and 
Virginia be expanded from 15 days to 30 days. Third, the Council 
recommended that the framework

[[Page 50228]]

closing date for North Atlantic Population (NAP) geese in established 
Low Harvest Zones be extended from January 31 to February 15. Lastly, 
the Council recommended that the season frameworks for Southern James 
Bay Population (SJBP) Canada geese in the Pymatuning Zone of 
Pennsylvania be increased to a 50-day season with framework dates of 
October 1 to January 31 and a daily bag limit of 2 geese.
    The Upper- and Lower-Region Regulations Committees of the 
Mississippi Flyway Council recommended a number of changes in Canada 
goose seasons lengths and bag limits for several States in the Flyway. 
These changes are an outgrowth of recent revisions made to Canada goose 
harvest and population management plans and an evolving Canada goose 
harvest-management philosophy in the Flyway. The changes in harvest 
strategies and philosophies are largely driven by the increasing 
numbers of giant Canada geese in the Flyway and the decreasing 
importance of interior Canada geese to goose harvest opportunities in 
the Flyway. It appears that the large numbers of giant Canada geese may 
be buffering, to some extent, hunting pressure on interior Canada goose 
populations. These changes will allow States to evaluate the potential 
of this buffering effect. In keeping with the change in harvest 
management philosophy for Canada geese in the Flyway, the Council is 
also recommending to eliminate the requirement for Council and Service 
approval for States wanting to split their Canada goose seasons into 3 
segments, including the requirement for a 3-year evaluation.
    The Central Flyway Council recommended increasing the season length 
for Canada geese from 95 to 107 days in the east-tier States of the 
Flyway.
    The Pacific Flyway Council recommended the following changes for 
geese in the Pacific Flyway:
    1. Modify the frameworks for Aleutian Canada geese in southwest 
Oregon and northwest California by:
    a. Changing season lengths to allow 107 days and changing outside 
dates to allow seasons until March 10 in Oregon and California in 
specified zones;
    b. Redefining Oregon's Southwest Zone and creating a new South 
Coast Zone, with same bag limits in both zones; and
    c. Authorizing a 3-way split season in Oregon's new South Coast 
Zone.
    2. Remove Grays Harbor County, Washington, from the Southwest 
Washington Quota Zone.
    3. Increase the dark goose daily bag limit in the Lincoln and Clark 
County Zone of Nevada from 2 to 3 per day.
    4. Eliminate Utah's Washington County Canada Goose Zone and create 
a Northern Utah Goose Zone.
    Service Response: We concur with the Atlantic Flyway Council's 
recommendation to change the opening framework date to a fixed date of 
October 20 in a portion of the Atlantic Population (AP) harvest area 
provided these changes are consistent with the objectives of the 
pending AP Management Plan. In addition, we concur with the recommended 
changes in the number of permits, season length, and bag limits for 
Back Bay, Virginia, and North Carolina's Northeast Hunt Unit as allowed 
in the MOA's during the 3-year evaluation. Further, we concur with the 
season framework closing-date extension to February 15 in the Low 
Harvest Zones for the North Atlantic Population. And, finally, we 
concur with framework changes recommended for the Pymatuning Zone of 
Pennsylvania to harvest SJBP Canada geese.
    With reference to three-way split seasons for Canada geese in the 
Mississippi Flyway, we concur that the move toward redirection of 
harvest management from one of managing specific populations of Canada 
geese toward a more general approach of managing the collective harvest 
of Canada geese in the Flyway, together with the experience gained to 
date with three-way splits, eliminates the need for State-by-State 
approval by the Flyway Council and the Service and a 3-year evaluation.
    We concur with the Central Flyway's recommendation to increase the 
season length from 95 to 107 days for Canada geese in the east tier 
States. The Tall Grass Prairie and Western Prairie/Great Plains 
Populations of Canada geese that migrate through and winter in this 
portion of the Flyway are above population objective levels, therefore 
the proposed increase in season length will provide additional hunting 
opportunity on these populations.
    We also concur with all of the recommendations forwarded by the 
Pacific Flyway Council. The Service supports the changes proposed and 
recognizes that the changes in California and Oregon are intended to 
address increasing depredation problems associated with Aleutian Canada 
geese. Aleutian Canada geese continue to increase rapidly and currently 
are above the population objective levels identified in the Flyway 
management plan. The increased harvest opportunity will help address 
these depredation concerns in northwest California and southwest 
Oregon. The other changes proposed for Canada geese in Washington, 
Utah, and Nevada, are relatively minor boundary changes in harvest 
zones or bag limit increases that will help address depredation 
concerns in these States and will not impact the harvest of other 
Canada goose populations of management concern in the Flyway.

5. White-Fronted Geese

    Council Recommendations: The Pacific Flyway Council recommended 
modification of frameworks for white-fronted geese in the Klamath Basin 
of Oregon and California by:
    1. Increasing the white-fronted goose daily bag limit from 2 to 4 
in California's Northeastern Zone;
    2. Increasing the white-fronted goose daily bag limit from 3 to 4 
in California's Balance of State Zone (except in the Sacramento Valley 
Special Management Area);
    3. Redefine Oregon's Harney, Klamath, Lake and Malheur County Zone 
and create a new zone comprised of just Klamath County;
    4. Change the outside dates in the new Klamath County Zone only to 
extend to March 10;
    5. In the Klamath County Zone, late seasons would be for white-
fronted geese only with a daily bag limit of 2;
    6. Create a 3-way split in Oregon's new Klamath County Zone.
    Service Response: We support the recommendations of the Pacific 
Flyway Council. Pacific white-fronted geese are currently well above 
population objective levels with this year's index totaling more than 
500,000, well above the population objective of 300,000. Increasing 
numbers of this population are now staging in the Klamath Basin region 
of Oregon and California in the spring. These increasing numbers of 
geese are causing agricultural depredation problems that can be 
partially addressed by this proposed change in season structure for 
these geese. We support the use of sport harvest to address these 
concerns when possible. We will require monitoring and evaluation of 
these season changes to ensure that no adverse impacts occur on other 
goose populations of management concern.

6. Brant

    Council Recommendations: The Pacific Flyway Council recommends 
increasing the season length for brant in California from 15 to 30 days 
and increasing the season length in Washington from 8 to 16 days.

[[Page 50229]]

    Service Response: We concur with the Pacific Flyway Council 
recommendation to return to the Pacific Brant season frameworks that 
were in place prior to last year based on the midwinter survey index 
from last year and consistency with the Flyway Management Plan. 
However, we reiterate the concern expressed previously about provisions 
in the management plan that allow frequent changes among the three 
harvest levels. We request that the Flyway Council review these 
provisions and consider methods that might reduce the potential 
frequency of annual changes, such as those we have experienced in the 
last 2 years.

8. Swans

    Council Recommendations: The Pacific Flyway Council recommended 
allowing hunters in Nevada two swan permits per year.
    Service Response: We concur with the Pacific Flyway Council's 
recommendation concerning Nevada. We continue to support the carefully 
controlled harvest of Tundra swans in the Pacific Flyway States and 
continue to require careful monitoring of this harvest to insure that 
only small numbers of Trumpeter swans can be taken during this season. 
During the past 10 years, Nevada has only harvested one Trumpeter swan 
in this season. Further, Nevada's permit allocation would not be 
increased from that offered in previous years (650). The proposed 
change that would allow hunters a second permit is consistent with the 
existing harvest strategy in the Flyway management plan and no increase 
in Trumpeter swan harvest is expected. Monitoring programs will ensure 
that the season is closed if the assigned quota of five Trumpeter swans 
are harvested in the season.
    Regarding the Eastern Population (EP) of tundra swans, the mid-
winter index in 2006 was 74,500 and below the population objective of 
80,000 for the second consecutive year. As a result, the 3-year average 
population index from the mid-winter has declined to 78,100. In 
accordance with the 1998 Hunt Plan, whenever the 3-year average drops 
below the population objective for more than one year, permit 
reductions should be considered. Therefore, we encourage the Flyway 
Councils to review the current status of EP tundra swans and determine 
appropriate permit changes prior to the development of the 2007-08 
hunting regulations.

Public Comment Invited

    The Department of the Interior's policy is, whenever practicable, 
to afford the public an opportunity to participate in the rulemaking 
process. We intend that adopted final rules be as responsive as 
possible to all concerned interests and, therefore, seek the comments 
and suggestions of the public, other concerned governmental agencies, 
nongovernmental organizations, and other private interests on these 
proposals. Accordingly, we invite interested persons to submit written 
comments, suggestions, or recommendations regarding the proposed 
regulations to the address indicated under ADDRESSES.
    Special circumstances involved in the establishment of these 
regulations limit the amount of time that we can allow for public 
comment. Specifically, two considerations compress the time in which 
the rulemaking process must operate: (1) The need to establish final 
rules at a point early enough in the summer to allow affected State 
agencies to adjust their licensing and regulatory mechanisms; and (2) 
the unavailability, before mid-June, of specific, reliable data on this 
year's status of some waterfowl and migratory shore and upland game 
bird populations. Therefore, we believe that to allow comment periods 
past the dates specified in DATES is contrary to the public interest.
    Before promulgation of final migratory game bird hunting 
regulations, we will take into consideration all comments received. 
Such comments, and any additional information received, may lead to 
final regulations that differ from these proposals. You may inspect 
comments received on the proposed annual regulations during normal 
business hours at the Service's office in room 4107, 4501 North Fairfax 
Drive, Arlington, Virginia. For each series of proposed rulemakings, we 
will establish specific comment periods. We will consider, but possibly 
may not respond in detail to, each comment. However, as in the past, we 
will summarize all comments received during the comment period and 
respond to them in the final rule.

NEPA Consideration

    NEPA considerations are covered by the programmatic document 
``Final Supplemental Environmental Impact Statement: Issuance of Annual 
Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88-
14),'' filed with the Environmental Protection Agency on June 9, 1988. 
We published 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 new Supplemental Environmental Impact Statement for 
the migratory bird hunting program. Public scoping meetings were held 
in the spring of 2006, as 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 
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

[[Page 50230]]

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 
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.
    A Federal agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number.

Unfunded Mandates Reform Act

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

Civil Justice Reform--Executive Order 12988

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

Takings Implication Assessment

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

Energy Effects--Executive Order 13211

    On May 18, 2001, the President issued Executive Order 13211 on 
regulations that significantly affect energy supply, distribution, and 
use. Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. While this proposed 
rule is a significant regulatory action under Executive Order 12866, it 
is not expected to adversely affect energy supplies, distribution, or 
use. Therefore, this action is not a significant energy action and no 
Statement of Energy Effects is required.

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

[[Page 50231]]

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. 742 
a-j.

    Dated: August 11, 2006.
David M. Verhey,
Acting Assistant Secretary for Fish and Wildlife and Parks.

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

    Pursuant to the Migratory Bird Treaty Act and delegated 
authorities, the Department has approved frameworks for season lengths, 
shooting hours, bag and possession limits, and outside dates within 
which States may select seasons for hunting waterfowl and coots between 
the dates of September 1, 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

    High Plains Mallard Management Unit--roughly defined as that 
portion of the Central Flyway that lies west of the 100th meridian.
    Definitions: For the purpose of hunting regulations listed below, 
the collective terms ``dark'' and ``light'' geese include the following 
species:
    Dark geese: Canada geese, white-fronted geese, brant, and all other 
goose species except light geese.
    Light geese: snow (including blue) geese and Ross' geese.
    Area, Zone, and Unit Descriptions: Geographic descriptions related 
to late-season regulations are contained in a later portion of this 
document.
    Area-Specific Provisions: Frameworks for open seasons, season 
lengths, bag and possession limits, and other special provisions are 
listed below by Flyway.
    Compensatory Days in the Atlantic Flyway: In the Atlantic Flyway 
States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New 
Jersey, North Carolina, Pennsylvania, and Virginia, where Sunday 
hunting is prohibited statewide by State law, all Sundays are closed to 
all take of migratory waterfowl (including mergansers and coots).

Atlantic Flyway

Ducks, Mergansers, and Coots

    Outside Dates: Between the Saturday nearest September 24 (September 
23) and the last Sunday in January (January 28).
    Hunting Seasons and Duck Limits: 60 days. The daily bag limit is 6 
ducks, including no more than 4 mallards (2 hens), 2 scaup, 1 black 
duck, 1 pintail, 1 canvasback, 1 mottled duck, 1 fulvous whistling 
duck, 2 wood ducks, 2 redheads, and 4 scoters.
    Closures: The season on harlequin ducks is closed.
    Sea Ducks: Within the special sea duck areas, during the regular 
duck season in the Atlantic Flyway, States may choose to allow the 
above sea duck limits in addition to the limits applying to other ducks 
during the regular duck season. In all other areas, sea ducks may be 
taken only during the regular open season for ducks and are part of the 
regular duck season daily bag (not to exceed 4 scoters) and possession 
limits.
    Merganser Limits: The daily bag limit of mergansers is 5, only 2 of 
which may be a hooded merganser. In States that include mergansers in 
the duck bag limit, the daily limit is the same as the duck bag limit, 
only two of which may be hooded mergansers.
    Coot Limits: The daily bag limit is 15 coots.
    Lake Champlain Zone, New York: The waterfowl seasons, limits, and 
shooting hours shall be the same as those selected for the Lake 
Champlain Zone of Vermont.
    Connecticut River Zone, Vermont: The waterfowl seasons, limits, and 
shooting hours shall be the same as those selected for the Inland Zone 
of New Hampshire.
    Zoning and Split Seasons: Delaware, Florida, Georgia, Maryland, 
North Carolina, Rhode Island, South Carolina, and Virginia may split 
their seasons into three segments; Connecticut, Maine, Massachusetts, 
New Hampshire, New Jersey, New York, Pennsylvania, Vermont, and West 
Virginia may select hunting seasons by zones and may split their 
seasons into two segments in each zone.

Canada Geese

    Season Lengths, Outside Dates, and Limits: Specific regulations for 
Canada geese are shown below by State. These seasons also include 
white-fronted geese. Unless specified otherwise, seasons may be split 
into two segments. In areas within States where the framework closing 
date for Atlantic Population (AP) goose seasons overlaps with special 
late-season frameworks for resident geese, the framework closing date 
for AP goose seasons is January 14.
    Connecticut: North Atlantic Population (NAP) Zone: Between October 
1 and January 31, a 60-day season may be held with a 2-bird daily bag 
limit in the H Unit; and between October 1 and February 15, a 70-day 
season with a 3-bird daily bag in the L Unit.
    Atlantic Population (AP) Zone: A 45-day season may be held between 
the fourth Saturday in October (October 28) and January 31, with a 3-
bird daily bag limit.
    South Zone: A special season may be held between January 15 and 
February 15, with a 5-bird daily bag limit.
    Delaware: A 45-day season may be held between November 15 and 
January 31, with a 2-bird daily bag limit.
    Florida: A 70-day season may be held between November 15 and 
February 15, with a 5-bird daily bag limit.
    Georgia: In specific areas, a 70-day season may be held between 
November

[[Page 50232]]

15 and February 15, with a 5-bird daily bag limit.
    Maine: A 60-day season may be held Statewide between October 1 and 
January 31, with a 2-bird daily bag limit.
    Maryland: Resident Population (RP) Zone: A 70-day season may be 
held between November 15 and February 15, with a 5-bird daily bag 
limit.
    AP Zone: A 45-day season may be held between November 15 and 
January 31, with a 2-bird daily bag limit.
    Massachusetts: NAP Zone: A 60-day season may be held between 
October 1 and January 31, with a 2-bird daily bag limit. Additionally, 
a special season may be held from January 15 to February 15, with a 5-
bird daily bag limit.
    AP Zone: A 45-day season may be held between October 20 and January 
31, with a 3-bird daily bag limit.
    New Hampshire: A 60-day season may be held statewide between 
October 1 and January 31, with a 2-bird daily bag limit.
    New Jersey: Statewide: A 45-day season may be held between the 
fourth Saturday in October (October 28) and January 31, with a 3-bird 
daily bag limit.
    Special Late Goose Season Area: An experimental season may be held 
in designated areas of North and South New Jersey from January 15 to 
February 15, with a 5-bird daily bag limit.
    New York: NAP Zone: Between October 1 and January 31, a 60-day 
season may be held, with a 2-bird daily bag limit in the High Harvest 
areas; and between October 1 and February 15, a 70-day season may be 
held, with a 3-bird daily bag limit in the Low Harvest areas.
    Special Late Goose Season Area: An experimental season may be held 
between January 15 and February 15, with a 5-bird daily bag limit in 
designated areas of Chemung, Delaware, Tioga, Broome, Sullivan, 
Westchester, Nassau, Suffolk, Orange, Dutchess, Putnam, and Rockland 
Counties.
    AP Zone: A 45-day season may be held between the fourth Saturday in 
October (October 28), except in the Lake Champlain Area where the 
opening date is October 20, and January 31, with a 3-bird daily bag 
limit.
    RP Zone: A 70-day season may be held between the fourth Saturday in 
October (October 28) and February 15, with a 5-bird daily bag limit.
    North Carolina: SJBP Zone: A 70-day season may be held between 
October 1 and December 31, with a 2-bird daily bag limit.
    RP Zone: A 70-day season may be held between October 1 and February 
15, with a 5-bird daily bag limit.
    Northeast Hunt Unit: A 30-day experimental season (1,000 permits) 
may be held concurrent with the season selected for the Back Bay Area 
of Virginia. The seasonal bag limit is 1 bird.
    Pennsylvania: SJBP Zone: A 70-day season may be held between the 
second Saturday in October (October 14) and February 15, with a 2-bird 
daily bag limit until January 14 and a 5-bird daily bag limit between 
January 15 and February 15.
    Pymatuning Zone: A 50-day season may be held between October 1 and 
January 31, with a 2-bird daily bag limit.
    RP Zone: A 70-day season may be held between November 15 and 
February 15, with a 5-bird daily bag limit.
    AP Zone: A 45-day season may be held between the fourth Saturday in 
October (October 28) and January 31, with a 3-bird daily bag limit.
    Special Late Goose Season Area: An experimental season may be held 
from January 15 to February 15, with a 5-bird daily bag limit.
    Rhode Island: A 60-day season may be held between October 1 and 
January 31, with a 2-bird daily bag limit. An experimental season may 
be held in designated areas from January 15 to February 15, with a 5-
bird daily bag limit.
    South Carolina: In designated areas, a 70-day season may be held 
during November 15 to February 15, with a 5-bird daily bag limit.
    Vermont: A 45-day season may be held between the fourth Saturday in 
October (October 28), except in the Lake Champlain Area where the 
opening date is October 20, and January 31, with a 3-bird daily bag 
limit.
    Virginia: SJBP Zone: A 40-day season may be held between November 
15 and January 14, with a 2-bird daily bag limit. Additionally, an 
experimental season may be held between January 15 and February 15, 
with a 5-bird daily bag limit.
    AP Zone: A 45-day season may be held between November 15 and 
January 31, with a 2-bird daily bag limit.
    RP Zone: A 70-day season may be held between November 15 and 
February 15, with a 5-bird daily bag limit.
    Back Bay Area: A 30-day experimental season may be held between 
December 25 and January 28 in the AP Zone with a 2-bird daily bag 
limit.
    West Virginia: A 70-day season may be held between October 1 and 
January 31, with a 3-bird daily bag limit.

Light Geese

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

Brant

    Season Lengths, Outside Dates, and Limits: States may select a 30-
day season between the Saturday nearest September 24 (September 23) and 
January 31, with a 2-bird daily bag limit. States may split their 
seasons into two segments.

Mississippi Flyway

Ducks, Mergansers, and Coots

    Outside Dates: Between the Saturday nearest September 24 (September 
23) and the last Sunday in January (January 28).
    Hunting Seasons and Duck Limits: The season may not exceed 60 days, 
with a daily bag limit of 6 ducks, including no more than 4 mallards 
(no more than 2 of which may be females), 3 mottled ducks, 2 scaup, 1 
black duck, 1 pintail, 1 canvasback, 2 wood ducks, and 2 redheads.
    Merganser Limits: The daily bag limit is 5, only 2 of which may be 
hooded mergansers. In States that include mergansers in the duck bag 
limit, the daily limit is the same as the duck bag limit, only 2 of 
which may be hooded mergansers.
    Coot Limits: The daily bag limit is 15 coots.
    Zoning and Split Seasons: Alabama, Arkansas, Illinois, Indiana, 
Iowa, Kentucky, Louisiana, Michigan, Minnesota, Missouri, Ohio, 
Tennessee, and Wisconsin may select hunting seasons by zones.
    In Alabama, Arkansas, Indiana, Iowa, Kentucky, Louisiana, Michigan, 
Minnesota, Ohio, Tennessee, and Wisconsin, the season may be split into 
two segments in each zone.
    In Mississippi, the season may be split into three segments.

Geese

    Split Seasons: Seasons for geese may be split into three segments.
    Season Lengths, Outside Dates, and Limits: States may select 
seasons for light geese not to exceed 107 days, with 20 geese daily 
between the Saturday

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nearest September 24 (September 23) and March 10; for white-fronted 
geese no
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