Migratory Bird Hunting; Proposed Frameworks for Late-Season Migratory Bird Hunting Regulations, 41008-41031 [E9-19432]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 74, Number 155 (Thursday, August 13, 2009)]
[Proposed Rules]
[Pages 41008-41031]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19432]



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

Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / 
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[FWS-R9-MB-2008-0124; 91200-1231-9BPP-L2]
RIN 1018-AW31


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 2009-10 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 August 24, 2009.

ADDRESSES: You may submit comments on the proposals by one of the 
following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R9-MB-2008-0124; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, 
Suite 222; Arlington, VA 22203.
    We will not accept e-mail or faxes. We will post all comments on 
https://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments section 
below for more information).

FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, U.S. Fish and Wildlife 
Service, Department of the Interior, MS MBSP-4107-ARLSQ, 1849 C Street, 
NW, Washington, DC 20240; (703) 358-1714.

SUPPLEMENTARY INFORMATION:

Regulations Schedule for 2009

    On April 10, 2009, we published in the Federal Register (74 FR 
16339) 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, 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 2009-10 
regulatory cycle relating to open public meetings and Federal Register 
notifications were also identified in the April 10 proposed rule. 
Further, we explained that all sections of subsequent documents 
outlining hunting frameworks and guidelines were organized under 
numbered headings.
    On May 27, 2009, we published in the Federal Register (74 FR 25209) 
a second document providing supplemental proposals for early- and late-
season migratory bird hunting regulations. The May 27 supplement also 
provided detailed information on the 2009-10 regulatory schedule and 
announced the Service Migratory Bird Regulation Committee (SRC) and 
Flyway Council meetings.
    On June 24 and 25, 2009, 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 2009-10 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 2009-10 regular 
waterfowl seasons. On July 24, 2009, we published in the Federal 
Register (74 FR 36870) a third document specifically dealing with the 
proposed frameworks for early-season regulations. In late August 2009, 
we will publish a rulemaking establishing final frameworks for early-
season migratory bird hunting regulations for the 2009-10 season.
    On July 29-30, 2009, we held open meetings with the Flyway Council 
Consultants, at which the participants reviewed the status of waterfowl 
and developed recommendations for the 2009-10 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 August 
1, 2009, 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 22, 2009.

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 
FOR FURTHER INFORMATION CONTACT or from our website https://www.fws.gov/migratorybirds/NewsPublicationsReports.html.

Status of Ducks

    Federal, provincial, and State agencies conduct surveys each spring 
to estimate the size of breeding populations and to evaluate the 
conditions of the habitats. These surveys are conducted using fixed-
wing aircraft and helicopters and encompass principal breeding areas of 
North America, and cover over 2.0 million square miles. The Traditional 
survey area comprises Alaska, Canada, and the northcentral United 
States, and includes approximately 1.3 million square miles. The 
Eastern survey area includes parts of Ontario, Quebec, Labrador, 
Newfoundland, Nova Scotia, Prince Edward Island, New Brunswick, New 
York, and Maine, an area of approximately 0.7 million square miles.

Breeding Ground Conditions

    Habitat conditions during the 2009 Waterfowl Breeding Population 
and Habitat Survey were characterized by above-average moisture across 
the southern portions of the traditional survey area, good habitat in 
the eastern survey area, and late spring conditions across northern 
survey areas. The total pond estimate (prairie Canada and U.S. 
combined) was 6.4  0.2 million. This was 45 percent above 
last year's estimate of 4.4  0.2 million ponds and 31 
percent above the long-term average of 4.9  0.03 million 
ponds. The 2009 estimate of ponds in prairie Canada was 3.6  0.1 million. This was a 17 percent increase from last year's 
estimate (3.1  0.1 million) and was similar to the long-
term average (3.4  0.03 million). The 2009 pond estimate 
for the northcentral U.S. of 2.9  0.1 million was 108 
percent above last year's estimate (1.4  0.07 million) and 
87 percent above the long-term average (1.5  0.02 million).

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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 42.0  0.7 [SE] million birds. This estimate 
represents a 13 percent increase over last year's estimate of 37.3 
 0.6 million birds and was 25 percent above the long-term 
average (1955-2008). Estimated mallard (Anas platyrhynchos) abundance 
was 8.5  0.2 million birds, which was a 10 percent increase 
over last year's estimate of 7.7  0.3 million birds and 13 
percent above the long-term average. Estimated abundance of gadwall (A. 
strepera; 3.1  0.2 million) was similar to the 2008 
estimate and 73 percent above the long-term average. Estimated American 
wigeon abundance (A. americana; 2.5  0.1 million) was 
similar to 2008 and the long-term average. Estimated abundances of 
green-winged teal (A. crecca; 3.4  0.2 million) and blue-
winged teal (A. discors; 7.4  0.4 million) were similar to 
last year's estimates and well above their long-term averages (+79 
percent and +60 percent, respectively). Northern shovelers (A. 
clypeata; 4.4  0.2 million) were 25 percent above the 2008 
estimate and remain well above their long-term average (+92 percent). 
The estimate for northern pintails (A. acuta) was 3.2  0.2 
million, which was 23 percent above the 2008 estimate of 2.6  0.1 million, and 20 percent below the long-term average. 
Estimated abundance of redheads (Aythya americana; 1.0  0.1 
million) was similar to last year and 62 percent above the long-term 
average. The canvasback estimate (A. valisineria; 0.7  0.06 
million) was 35 percent above the 2008 estimate (0.5  0.05 
million) and similar to the long-term average. The scaup estimate (A. 
affinis and A. marila combined; 4.2  0.2 million) was 
similar to that of 2008 and 18 percent below the long-term average of 
5.1  0.05 million.
    The eastern survey area was restratified in 2005 and is now 
composed of strata 51-72. Estimates of mallards, scaup, scoters (black 
[Melanitta nigra], white-winged [M. fusca], and surf [M. 
perspicillata]), green-winged teal, American wigeon, bufflehead 
(Bucephala albeola), American black duck (Anas rubripes), ring-necked 
duck (Aythya collaris), mergansers (red-breasted [Mergus serrator], 
common [M. merganser], and hooded [Lophodytes cucullatus]), and 
goldeneye (common [B. clangula] and Barrow's [B. islandica]) all were 
similar to their 2008 estimates and long-term averages.

Fall Flight Estimate

    The mid-continent mallard population is composed of mallards from 
the traditional survey area (revised in 2008 to exclude Alaska 
mallards), Michigan, Minnesota, and Wisconsin, and was estimated to be 
10.3  0.9 million in 2009. This was similar to the 2008 
estimate of 9.2  0.8 million.
    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 May of 2009, temperatures were 1-5 degrees 
Celsius colder than average throughout the central region of subarctic 
and Arctic Canada. In some locales harsh spring conditions persisted 
into June. In areas near Hudson Bay and the Queen Maud Gulf, goose and 
swan nesting activities were delayed by 1 to 3 weeks. In contrast, 
nesting conditions were favorable near Wrangel Island, Alaska's North 
Slope and eastern interior regions, parts of the Canadian high Arctic, 
and Newfoundland. Improved wetland abundance in the Canadian and U.S. 
prairies, and other temperate regions, will likely improve the 
production of Canada geese that nest at southern latitudes. Primary 
abundance indices decreased for 15 goose populations and increased for 
10 goose populations in 2009 compared to 2008. Primary abundance 
indices for both populations of tundra swans increased in 2009 from 
2008 levels. The following populations displayed significant positive 
trends during the most recent 10-year period (P < 0.05); Mississippi 
Flyway Giant, Aleutian, Atlantic, and Eastern Prairie Canada geese; 
Greater, Western Arctic/Wrangel Island, and Western Central Flyway 
light geese; and Pacific white-fronted geese. No populations showed a 
significant negative 10-year trend. The forecast for the production of 
geese and swans in North America for 2009 is regionally variable, but 
production for many populations will be reduced this year due to harsh 
spring conditions in much of central Canada.

Waterfowl Harvest and Hunter Activity

    National surveys of migratory bird hunters were conducted during 
the 2007 and 2008 hunting seasons. About 1.2 million waterfowl hunters 
harvested 14,578,900 (4%) ducks and 3,666,100 (6%) geese in 2007, and harvested 13,635,700 (4%) 
ducks and 3,792,600 (5%) geese in 2008. Mallard, green-
winged teal, gadwall, wood duck (Aix sponsa), and American wigeon were 
the 5 most-harvested duck species in the United States, and Canada 
goose was the predominant goose species in the goose harvest. Coot 
hunters (about 33,700 in 2007 and 31,100 in 2008) harvested 198,300 
(29%) coots in 2007 and 275,900 (+43%) in 2008.

Review of Public Comments and Flyway Council Recommendations

    The preliminary proposed rulemaking, which appeared in the April 
10, 2009, Federal Register, opened the public comment period for 
migratory game bird hunting regulations. The supplemental proposed 
rule, which appeared in the May 27, 2009, Federal Register, discussed 
the regulatory alternatives for the 2009-10 duck hunting season. Late-
season comments are summarized below and numbered in the order used in 
the April 10 and May 27 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 10 and May 27, 2009, Federal Register documents.

General

    Written Comments: An individual commenter protested the entire 
migratory bird hunting regulations

[[Page 41010]]

process, the killing of all migratory birds, and the Flyway Council 
process.
    Service Response: Our long-term objectives continue to include 
providing opportunities to harvest portions of certain migratory game 
bird populations and to limit annual harvests to levels compatible with 
each population's ability to maintain healthy, viable numbers. Having 
taken into account the zones of temperature and the distribution, 
abundance, economic value, breeding habits, and times and lines of 
flight of migratory birds, we believe that the hunting seasons provided 
herein are compatible with the current status of migratory bird 
populations and long-term population goals. Additionally, we are 
obligated to, and do, give serious consideration to all information 
received as public comment. While there are problems inherent with any 
type of representative management of public-trust resources, we believe 
that the Flyway Council system of migratory bird management has been a 
long-standing example of State-Federal cooperative management since its 
establishment in 1952. However, as always, we continue to explore new 
ways to streamline and improve the process.

1. Ducks

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

A. Harvest Strategy Considerations

    Council Recommendations: The Atlantic, Central, and Pacific Flyway 
Councils and the Upper- and Lower-Region Regulations Committees of the 
Mississippi Flyway Council recommended the adoption of the ``liberal'' 
regulatory alternative.
    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. Last year, we described and 
adopted a protocol for regulatory decision-making for the newly defined 
stock of western mallards (73 FR 43290). For the 2009 hunting season, 
we continue to believe that the prescribed regulatory choice for the 
Pacific Flyway should be based on the status of this western mallard 
breeding stock, while the regulatory choice for the Mississippi and 
Central Flyways should depend on the status of the recently redefined 
mid-continent mallard stock. We also recommend that the regulatory 
choice for the Atlantic Flyway continue to depend on the status of 
eastern mallards.
    For the 2009 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, in 2003, we agreed to place a 
constraint on closed seasons in the western three Flyways whenever the 
midcontinent mallard breeding-population size (as defined prior to 
2008; traditional survey area plus Minnesota, Michigan, and Wisconsin) 
was >=5.5 million.
    Optimal AHM strategies for the 2009-10 hunting season were 
calculated using: (1) Harvest-management objectives specific to each 
mallard stock; (2) the 2009 regulatory alternatives; and (3) current 
population models and associated weights for midcontinent, western, and 
eastern mallards. Based on this year's survey results of 8.71 million 
midcontinent mallards (traditional survey area minus Alaska plus 
Minnesota, Wisconsin, and Michigan), 3.57 million ponds in Prairie 
Canada, 884,000 western mallards (381,000 and 503,000 respectively in 
California-Oregon and Alaska), and 908,000 eastern mallards, the 
prescribed regulatory choice for all four Flyways is the ``liberal'' 
alternative.
    Therefore, we concur with the recommendations of the Atlantic, 
Mississippi, Central, and Pacific Flyway Councils regarding selection 
of the ``liberal'' regulatory alternative and propose to adopt the 
liberal regulatory alternative, as described in the July 24, 2009 
Federal Register.

D. Special Seasons/Species Management

iii. Black Ducks

    In 2008, U.S. and Canadian waterfowl managers developed an interim 
harvest strategy that will be employed by both countries until a formal 
strategy based on the principles of AHM is completed. We detailed this 
interim strategy in the July 24, 2008, Federal Register (73 FR 43290). 
The interim harvest strategy is prescriptive, in that it calls for no 
substantive changes in hunting regulations unless the black duck 
breeding population, averaged over the most recent 3 years, exceeds or 
falls below the long-term average breeding population by 15 percent or 
more. The strategy is designed to share the black duck harvest equally 
between the two countries; however, recognizing incomplete control of 
harvest through regulations, it will allow realized harvest in either 
country to vary between 40 and 60 percent.
    Each year in November, Canada publishes its proposed migratory bird 
hunting regulations for the upcoming hunting season. Thus, last fall 
the Canadian Wildlife Service (CWS) used the interim strategy to 
establish its proposed black duck regulations for the 2009-10 season 
based on the most current data available at that time: breeding 
population estimates for 2006, 2007, and 2008, and an assessment of 
parity based on harvest estimates for the 2003-07 hunting seasons. 
Although updates of both breeding population estimates and harvest 
estimates are now available, the United States will base its 2009-10 
black duck regulations on the same data CWS used, to ensure comparable 
application of the strategy. The long-term (1998-2007) breeding 
population mean estimate is 713,800 and the 2006-08 3-year running mean 
estimate is 721,600. Based on these estimates, no restriction or 
liberalization of black duck harvest is warranted. The average 
proportion of the harvest during the 5-year period 2003-2007 was 0.56 
in the United States and 0.44 in Canada, and this falls within the 
established parity bounds of 40 and 60 percent.

iv. Canvasbacks

    Council Recommendations: The Atlantic, Central, and Pacific Flyway 
Councils recommended a full season for canvasbacks with a 1-bird daily 
bag limit. Season lengths would be 60 days in the Atlantic Flyway, 74 
days in the Central Flyway, and 107 days in the Pacific Flyway.
    The Upper- and Lower-Region Regulations Committees of the 
Mississippi Flyway Council recommended use of their alternative 
canvasback harvest management strategy that uses threshold levels based 
on breeding population size in order to determine bag limits (detailed 
in the June 18, 2008, Federal Register (73 FR 34692)). Their strategy 
results in a Council recommendation for a 1-bird daily bag limit and a 
60-day season in the Mississippi Flyway.
    Service Response: Since 1994, we have followed a canvasback harvest 
strategy that if canvasback population status and production are 
sufficient to permit a harvest of one canvasback per day nationwide for 
the entire length of the regular duck season, while still

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attaining a projected spring population objective of 500,000 birds, the 
season on canvasbacks should be opened. A partial season would be 
permitted if the estimated allowable harvest was within the projected 
harvest for a shortened season. If neither of these conditions can be 
met, the harvest strategy calls for a closed season on canvasbacks 
nationwide. Last year (73 FR 43290), we announced our decision to 
modify the Canvasback Harvest Strategy to incorporate the option for a 
2-bird daily bag limit for canvasbacks when the predicted breeding 
population the subsequent year exceeds 725,000 birds.
    This year's spring survey resulted in an estimate of 662,000 
canvasbacks. This was 35 percent above the 2008 estimate of 489,000 
canvasbacks and 16 percent above the 1955-2008 average. The estimate of 
ponds in Prairie Canada was 3.6 million, which was 17 percent above 
last year and 5 percent above the long-term average. The canvasback 
harvest strategy predicts a 2010 canvasback population of 602,000 birds 
under a ``liberal'' duck season with a 1-bird daily bag limit and 
565,000 with a 2-bird daily bag limit. Because the predicted 2010 
population under the 1-bird daily bag limit is greater than 500,000, 
while the prediction under the 2-bird daily bag limit is less than 
725,000, the canvasback harvest strategy stipulates a full canvasback 
season with a 1-bird daily bag limit for the upcoming season.

v. Pintails

    Council Recommendations: The Atlantic, Central 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 74-day season in the Central 
Flyway, and a 2-bird daily bag limit with a 107-day season in the 
Pacific Flyway.
    The Upper- and Lower-Region Regulations Committees of the 
Mississippi Flyway Council also recommended that the Service evaluate 
the performance of the prescribed strategy for managing harvest of 
northern pintails and explain the reasons for implementing the derived 
strategy despite a Council recommendation to continue using the 
prescribed strategy.
    Service Response: Based on the current strategy last modified in 
2007, along with an observed spring breeding population of 3.22 
million, an overflight-bias-corrected breeding population of 3.73 
million and a projected fall flight of 5.13 million pintails, the 
pintail harvest strategy prescribes a full season and a 1-bird daily 
bag limit in the Atlantic, Mississippi, and Central Flyways. In the 
Pacific Flyway a 2-bird daily bag limit and a full season is 
prescribed. Under the ``liberal'' season length, this regulation is 
expected to result in a harvest of 643,388 pintails and an expected 
breeding population estimate (corrected scale) of 4.02 million in 2010.
    Regarding the Mississippi Flyway Council's recommendation to 
evaluate the performance of the prescribed strategy for managing 
harvest of northern pintails, we have previously provided such 
information and remain committed to implementation of a derived 
strategy for pintail harvest management next year. This strategy would 
replace the current prescriptive strategy that has been used for 
pintails since 1997. In order for the implementation of the new derived 
strategy to be successful, the Service and Flyway Councils must reach 
agreement on several key issues. These issues include: (1) 
determination of the harvest management objective, (2) identification 
of any constraints that would be included in the strategy (e.g., 
closure constraint), and (3) a decision regarding specific inclusion of 
a harvest allocation process. We will make technical information 
regarding these three aspects of the derived strategy available at the 
December 2009 AHM Working Group Meeting, with additional discussion at 
the 2010 February SRC meeting in Denver, followed by Flyway Council 
consideration at their 2010 winter meetings.

vi. Scaup

    Council Recommendations: The Atlantic Flyway Council and the Upper- 
and Lower-Region Regulations Committees of the Mississippi Flyway 
Council recommended use of the ``moderate'' regulation package 
consisting of a 60-day season with a 2-bird daily bag.
    The Central Flyway Council recommended use of the ``moderate'' 
regulation package consisting of a 74-day season with a 2-bird daily 
bag limit.
    The Pacific Flyway Council recommended the adoption of the 
``moderate'' regulation package for the Pacific Flyway consisting of an 
86-day season with a 3-bird daily bag limit.
    Service Response: Last year, we adopted and implemented a new scaup 
harvest strategy (73 FR 43290 and 73 FR 51124). Initial 
``restrictive,'' ``moderate,'' and ``liberal'' regulatory packages were 
adopted for each Flyway in 2008. Further opportunity to revise these 
packages was afforded prior to the 2009-10 season and modifications 
that were recommended by the Mississippi and Central Flyway Councils 
were endorsed by the Service in June 2009 (74 FR 36870). These packages 
will remain in effect for at least 3 years prior to their re-
evaluation.
    The 2009 breeding population estimate for scaup is 4.17 million, up 
12 percent from, but similar to, the 2008 estimate of 3.74 million. 
Total estimated scaup harvest for the 2008-09 season was 229,000 birds. 
Based on updated model parameter estimates, the optimal regulatory 
choice for scaup is the ``moderate'' package recommended by the 
Councils in all four Flyways.

vii. Mottled Ducks

    Council Recommendations: The Upper- and Lower-Region Regulations 
Committees of the Mississippi Flyway Council recommended reducing the 
daily bag limit for mottled ducks from 3 to 1 bird per day.
    The Central Flyway Council initially recommended that no further 
harvest reductions were warranted. However, at the July SRC meeting, 
they subsequently amended their Council recommendation by agreeing to 
delay the opening of the mottled duck season for the first 5 days of 
the regular duck season.
    Service Response: For many years, we have expressed concern about 
the long-term status of mottled ducks, especially the Western Gulf 
Coast Population. After consideration of long-term trends for this 
population, recent harvest levels, and this year's breeding habitat 
conditions, we believe that a reduction in harvest levels for this 
population is necessary.
    The Mississippi Flyway Council's recommendation to reduce the daily 
bag limit of mottled ducks to one bird is projected to result in a 
harvest reduction of about 20 percent. The Central Flyway Council's 
amended recommendation to delay the opening of the mottled duck season 
is expected to result in a similar harvest reduction. We believe that 
this level of reduction is necessary across the entire range of Western 
Gulf Coast Population this year. Accordingly, we support the 
Mississippi Flyway Council's recommendation and the Central Flyway 
Council's amended recommendation with the goal of achieving 
approximately a 20 percent reduction in mottled duck harvest.
    We also urge that an assessment be conducted of whether desired 
reductions in harvest are achieved as a result of the proposed 
restrictions. Furthermore, the status of mottled ducks and their 
breeding habitat should

[[Page 41012]]

be closely monitored and a determination made whether further 
restrictions are warranted. Should additional restrictions be needed, 
we will consider all regulatory options, including the potential for a 
closed season.

viii. Wood Ducks

    Council Recommendations: The Atlantic and Central Flyway Councils 
and the Upper- and Lower-Region Regulations Committees of the 
Mississippi Flyway Council recommended that the Service's timetable for 
implementing a wood duck harvest strategy in the Atlantic, Mississippi, 
and Central Flyways be extended to allow additional data collection and 
evaluation of wood duck harvest rates from seasons with a 3-bird daily 
limit.
    Service Response: Last year, we indicated that we would like the 
Flyways to develop a wood duck harvest strategy for implementation 
during the 2010-11 hunting season (73 FR 55602). However, upon further 
review, this date will only allow information from two hunting seasons 
(2008-09 and 2009-10) to be considered for any assessment of wood duck 
harvest rates and other parameters useful in making management 
decisions under a wood duck harvest strategy. Further, we would not 
have any wood duck recovery information available from this year's 
hunting season. We believe that an additional year(s) would provide 
more information for assessing the effect of the 3-bird bag limit and 
incorporation of this information into the harvest strategy development 
process. Thus, we agree with the Councils and support such an 
extension.

4. Canada Geese

B. Regular Seasons

    Council Recommendations: The Atlantic Flyway Council forwarded two 
recommendations concerning Canada geese. First, the Council recommended 
the establishment of an operational season in Back Bay, Virginia. The 
season frameworks would be aligned with the harvest regulations in the 
adjacent Atlantic Population (AP) Zone (currently a 45-day season with 
a 2-bird daily bag limit). The Council also recommended that the 
Service allow a 7-day season with a 1-bird daily bag limit in the 
Northeast Goose Zone of North Carolina with framework dates of the 
Saturday prior to December 25 to January 31.
    The Upper- and Lower-Region Regulations Committees of the 
Mississippi Flyway Council recommended that the season length in 
Louisiana be extended from 16 to 44 days and that the daily bag limit 
of 1 per day be included in an aggregate dark goose bag of 2 per day, 
with no more than 1 Canada goose. The Committees also recommended 
extending the goose season in Ohio from 70 to 74 days.
    The Pacific Flyway Council recommended reducing quotas for dusky 
Canada geese in Washington to 45 (from 85) and in Oregon to 90 (from 
165) and lengthening the season in California's Sacramento Valley 
Special Management Area (West) to allow it to begin concurrently with 
the general goose season and change the name by removing the 
``(West)''.
    Service Response: We support the Atlantic Flyway's recommendations 
for operational Canada goose seasons in Back Bay, Virginia, and the 
Northeast Goose Zone in North Carolina. Although results of the recent 
experimental seasons show that migrant goose harvest was greater than 
10 percent, we recognize that both of those experimental seasons were 
within the existing frameworks for AP, North Atlantic Population (NAP), 
and Southern James Bay Population (SJBP) goose regular seasons. We also 
recognize that these proposed seasons, and the harvest expected to 
result from them, are allowable under the current hunt plan guidelines 
established in the Flyway Management Plans for AP, NAP, SJBP, and 
resident Canada geese.
    We also support the Mississippi Flyway Council's proposals to 
lengthen the season in Louisiana and Ohio. With regard to the goose 
population involved in Louisiana, the 2009 mid-winter estimate for the 
Tall Grass Prairie Population (TGPP) was 310,000, which, although much 
lower than previous years, remains above the 250,000 population 
objective. We note that harvest rate on this population is relatively 
low and Louisiana harvest is very small, averaging 1,710 in 1999-2005 
during 9-day seasons and 1,480 in 2006-08 during 16-day seasons. 
Louisiana further estimates that extending the season length to 44 days 
will likely increase the harvest to possibly twice current levels. 
However, while the extended season would allow increased opportunity to 
take Canada geese, Louisiana believes that aggregating the daily bag 
limit with white-fronted geese would moderate the increased harvest of 
Canada geese and possibly reduce the harvest pressure on white-fronted 
geese.
    Regarding dusky Canada geese, the annual population index based on 
the breeding pair survey on the Copper River Delta is 6,709, a decrease 
from the previous year's index of 9,152. The 3-year average index is 
8,682. This decline triggers implementation of further measures of 
protection for this population as described under Action level 2 in the 
management plan. Based on the harvest strategy in the management plan, 
we support the Council recommendations to further reduce the quotas 
assigned to Washington (to 45) and Oregon (to 90) and institution of 
the other management actions identified for Action level 2. We note 
that the status of dusky Canada geese continues to be a matter of 
concern, which has resulted in harvest restrictions throughout their 
range in recent years. However, we continue to support the harvest 
strategy described in the 2008 management plan for this population.
    We also concur with the Pacific Flyway Council's recommendation 
regarding the Sacramento Valley Special Management Area (West) in 
California. Created in 1975, the zone was a closure area for Canada 
geese to protect the then-endangered Aleutian Canada goose. Over the 
decades, the boundaries and specifics of the zone evolved to manage 
harvest of cackling Canada geese and Pacific white-fronted geese when 
those populations were at low levels. Given the current status of 
Aleutian and cackling Canada geese and Pacific white-fronted geese, we 
view this change as relatively minor and administrative in nature and 
do not expect the proposed change to impact populations (see further 
discussion under 5. White-fronted Geese).

5. White-fronted Geese

    Council Recommendations: The Pacific Flyway Council recommended 
increasing the overall daily bag limit for geese in the Klamath County 
Zone of Oregon in the portion of the season after the last Sunday in 
January from 4 to 6 geese per day. Specific to white-fronted geese, the 
Council recommended increasing the daily bag limit from 1 to 2 per day 
within the proposed overall goose daily bag limit of 6 birds In 
California's Sacramento Valley Special Management Area (West), the 
Council also recommended lengthening the season to allow it to begin 
concurrently with the general goose season and changing the name by 
removing the ``(West).''
    Service Response: We concur with the Pacific Flyway Council's 
recommended changes in the Oregon's Klamath County Zone and 
California's Sacramento Valley Special Management Area (West). In the 
Klamath County Zone, of the five recognized goose

[[Page 41013]]

populations affected by this proposal, all three light goose and 
Pacific greater white-fronted geese are currently above identified 
management plan objectives. Additionally, Tule goose population 
estimates have remained stable over the last 6 years at nearly 12,000 
geese. Increasing the white-fronted goose daily bag limit from 1 to 2 
is expected to increase white-fronted goose harvest to levels observed 
during late-winter hunts in 2007 and 2008 and the proposed change is 
not expected to appreciably increase Tule goose harvest beyond that 
currently occurring in other areas of California and Oregon.

6. Brant

    Council Recommendations: The Atlantic Flyway Council recommended a 
50-day season with a 2-bird daily bag limit for Atlantic brant.
    Service Response: We concur with the Atlantic Flyway Council's 
recommendation. The 2009 Mid-Winter Index (MWI) for Atlantic brant 
decreased to 151,300 from 160,618 brant in 2008. While the Brant 
Management Plan prescribes the continuation of a 60-day season with a 
3-bird daily bag limit when the MWI estimate is above 150,000, we note 
that spring was 2-3 weeks later than normal in portions of Atlantic 
brant staging and breeding areas this year and these conditions have 
usually resulted in poor brant production in the past. Thus, we agree 
with the Council that a decrease of 10 days with the associated daily 
bag limit decrease is the proper approach for the upcoming season.

7. Snow and Ross's (Light) Geese

    Council Recommendations: The Pacific Flyway Council recommended 
increasing the overall daily bag limit for geese in the Klamath County 
Zone of Oregon in the portion of the season after the last Sunday in 
January from 4 to 6 geese per day. Specific to light geese, the Council 
recommended increasing the daily bag limit from 3 to 4 per day within 
the proposed overall goose daily bag limit of 6 birds. In California's 
Sacramento Valley Special Management Area (West), the Council also 
recommended lengthening the season to allow it to begin concurrently 
with the general goose season and changing the name by removing the 
``(West).''
    Service Response: We support the proposed changes for light geese 
in the Pacific Flyway. In 2007, the Flyway's December goose count 
exceeded 1 million for the first time, representing a doubling of this 
index since 1999. Light goose indices (Snow and Ross' geese combined) 
indicate that all recognized populations currently exceed management 
plan goals. In some areas of the Pacific Flyway, these goose 
populations are leading to increasing depredation complaints. In 
addition, numbers of light geese breeding on Wrangel Island, Russia, a 
colony that has been of concern in the past, has recovered to near 
record levels in the past few years. We support efforts to increase 
harvest of these geese to limit further population growth and perhaps 
the overabundance problems associated with the species that have been 
documented in several of the mid-continent regions.

Public Comments

    The Department of the Interior's policy is, whenever practicable, 
to afford the public an opportunity to participate in the rulemaking 
process. Accordingly, we invite interested persons to submit written 
comments, suggestions, or recommendations regarding the proposed 
regulations. 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 submit your comments and materials concerning this proposed 
rule by one of the methods listed in the ADDRESSES section. We will not 
consider comments sent by e-mail or fax or to an address not listed in 
the ADDRESSES section. Finally, we will not consider hand-delivered 
comments that we do not receive, or mailed comments that are not 
postmarked, by the date specified in the DATES section.
    We will post your entire comment--including your personal 
identifying information--on https://www.regulations.gov. If you provide 
personal identifying information in your comment, you may request at 
the top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on https://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Division of Migratory Bird Management, Room 4107, 
4501 North Fairfax Drive, Arlington, VA 22203.
    For each series of proposed rulemakings, we will establish specific 
comment periods. We will consider, but possibly may not respond in 
detail to, each comment. As in the past, we will summarize all comments 
received during the comment period and respond to them after the 
closing date in any final rules.

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 FOR FURTHER INFORMATION CONTACT.
    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 detailed in 
a March 9, 2006, Federal Register (71 FR 12216). We have prepared a 
scoping report summarizing the scoping comments and scoping meetings. 
The report is available by either writing to the address indicated 
under FOR FURTHER INFORMATION CONTACT or by viewing on our website at 
https://www.fws.gov/migratorybirds/.

Endangered Species Act Consideration

    Prior to issuance of the 2009-10 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 the Act 
may cause us to change proposals in this and future supplemental 
rulemaking documents.

Executive Order 12866

    The Office of Management and Budget has determined that this rule 
is significant and has reviewed this rule under Executive Order 12866. 
A regulatory cost-benefit analysis has been prepared and is available 
at https://www.fws.gov/migratorybirds/

[[Page 41014]]

NewReportsPublications/SpecialTopics/
SpecialTopics.htmlHuntingRegs or at https://www.regulations.gov. OMB bases its determination of regulatory 
significance upon the following four criteria:
    (a) Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of the government.
    (b) Whether the rule will create inconsistencies with other Federal 
agencies' actions.
    (c) Whether the rule will materially affect entitlements, grants, 
user fees, loan programs, or the rights and obligations of their 
recipients.
    (d) Whether the rule raises novel legal or policy issues.

Clarity of the Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that are unclearly written, which sections or sentences 
are too long, the sections where you feel lists or tables would be 
useful, etc.

Regulatory Flexibility Act

    The 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. 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, 
2004, and 2008. 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 2008 
Analysis was based on the 2006 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 approximately 
$1.2 billion at small businesses in 2008.
    Copies of the Analysis are available upon request from the address 
indicated under FOR FURTHER INFORMATION CONTACT or from our website at 
https://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or at https://www.regulations.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.

Paperwork Reduction Act

    We examined these regulations under the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.). The various recordkeeping and reporting 
requirements imposed under regulations established in 50 CFR part 20, 
subpart K, are utilized in the formulation of migratory game bird 
hunting regulations.
    Specifically, OMB has approved the information collection 
requirements of our Migratory Bird Surveys and assigned control number 
1018-0023 (expires 2/28/2011). This information is used to provide a 
sampling frame for voluntary national surveys to improve our harvest 
estimates for all migratory game birds in order to better manage these 
populations.
    OMB has also approved the information collection requirements of 
the Alaska Subsistence Household Survey, an associated voluntary annual 
household survey used to determine levels of subsistence take in 
Alaska, and assigned control number 1018-0124 (expires 1/31/2010).
    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

    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

    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 10 Federal Register, 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 2009-10 migratory bird hunting season. The 
resulting proposals will be contained in a separate proposed rule. By 
virtue of these actions, we have consulted with Tribes affected by this 
rule.

Federalism Effects

    Due to the migratory nature of certain species of birds, the 
Federal Government has been given

[[Page 41015]]

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

List of Subjects in 50 CFR Part 20

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

    The rules that eventually will be promulgated for the 2009-10 
hunting season are authorized under 16 U.S.C. 703-712 and 16 U.S.C. 742 
a-j.

    Dated: August 5, 2009
Jane Lyder
Deputy Assistant Secretary for Fish and Wildlife and Parks.

Proposed Regulations Frameworks for 2009-10 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, 2009, and March 10, 2010.

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 (except in 
California, Oregon, Washington, and the Atlantic Flyway), 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.

Waterfowl Seasons in the Atlantic Flyway

    In the Atlantic Flyway States of Connecticut, Delaware, Maine, 
Maryland, Massachusetts, New Jersey, North Carolina, Pennsylvania, and 
Virginia, where Sunday hunting is prohibited statewide by State law, 
all Sundays are closed to all take of migratory waterfowl (including 
mergansers and coots).

Special Youth Waterfowl Hunting Days

    Outside Dates: States may select 2 consecutive days (hunting days 
in Atlantic Flyway States with compensatory days) per duck-hunting 
zone, designated as ``Youth Waterfowl Hunting Days,'' in addition to 
their regular duck seasons. The days must be held outside any regular 
duck season on a weekend, holiday, or other non-school day when youth 
hunters would have the maximum opportunity to participate. The days may 
be held up to 14 days before or after any regular duck-season 
frameworks or within any split of a regular duck season, or within any 
other open season on migratory birds.
    Daily Bag Limits: The daily bag limits may include ducks, geese, 
tundra swans, mergansers, coots, moorhens, and gallinules and would be 
the same as those allowed in the regular season. Flyway species and 
area restrictions would remain in effect.
    Shooting Hours: One-half hour before sunrise to sunset.
    Participation Restrictions: Youth hunters must be 15 years of age 
or younger. In addition, an adult at least 18 years of age must 
accompany the youth hunter into the field. This adult may not duck hunt 
but may participate in other seasons that are open on the special youth 
day. Tundra swans may only be taken by participants possessing 
applicable tundra swan permits.

Atlantic Flyway

Ducks, Mergansers, and Coots
    Outside Dates: Between the Saturday nearest September 24 (September 
26) and the last Sunday in January (January 31).
    Hunting Seasons and Duck Limits: 60 days. The daily bag limit is 6 
ducks, including no more than 4 mallards (2 hens), 1 black duck, 1 
pintail, 1 mottled duck, 1 fulvous whistling duck, 3 wood ducks, 2 
redheads, 2 scaup, 1 canvasback, 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

[[Page 41016]]

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 hooded mergansers. 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.
    Atlantic Population (AP) Zone: A 45-day season may be held between 
the fourth Saturday in October (October 24) 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.
    Resident Population (RP) Zone: An 80-day season may be held between 
October 1 and February 15, with a 5-bird daily bag limit. The season 
may be split into 3 segments.
    Delaware: A 45-day season may be held between November 15 and 
January 31, with a 2-bird daily bag limit.
    Florida: An 80-day season may be held between November 15 and 
February 15, with a 5-bird daily bag limit. The season may be split 
into 3 segments.
    Georgia: In specific areas, an 80-day season may be held between 
November 15 and February 15, with a 5-bird daily bag limit. The season 
may be split into 3 segments.
    Maine: A 60-day season may be held Statewide between October 1 and 
January 31, with a 2-bird daily bag limit.
    Maryland:
    RP Zone: An 80-day season may be held between November 15 and March 
10, with a 5-bird daily bag limit. The season may be split into 3 
segments.
    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 24) 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 24), except in the Lake Champlain Area where the 
opening date is October 20, and January 31, with a 3-bird daily bag 
limit.
    Western Long Island RP Zone: An 80-day season may be held between 
October 1 and February 15, with a 5-bird daily bag limit. The season 
may be split into 3 segments.
    Rest of State RP Zone: An 80-day season may be held between the 
fourth Saturday in October (October 24) and March 10, with a 5-bird 
daily bag limit. The season may be split into 3 segments.
    North Carolina:
    SJBP Zone: A 70-day season may be held between October 1 and 
December 31, with a 5-bird daily bag limit.
    RP Zone: An 80-day season may be held between October 1 and March 
10, with a 5-bird daily bag limit. The season may be split into 3 
segments.
    Northeast Hunt Unit: A 7-day season may be held between the 
Saturday prior to December 25 (December 19) and January 31, with a 1-
bird daily bag limit.
    Pennsylvania:
    SJBP Zone: A 70-day season may be held between the second Saturday 
in October (October 10) and February 15, with a 3-bird daily bag limit.
    RP Zone: An 80-day season may be held between the fourth Saturday 
in October (October 24) and March 10, with a 5-bird daily bag limit. 
The season may be split into 3 segments.
    AP Zone: A 45-day season may be held between the fourth Saturday in 
October (October 24) and January 31, with a 3-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, an 80-day season may be held 
during November 15 to February 15, with a 5-bird daily bag limit. The 
season may be split into 3 segments.
    Vermont: A 45-day season may be held between the fourth Saturday in 
October (October 24), except in the Lake Champlain Zone and Interior 
Zone 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 hel