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

Download as PDF 41008 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 20 [FWS-R9-MB-2008-0124; 91200-1231-9BPPL2] 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. 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. 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: erowe on DSK5CLS3C1PROD with PROPOSALS3 ADDRESSES: 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 VerDate Nov<24>2008 15:46 Aug 12, 2009 Jkt 217001 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 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 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 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 longterm 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 longterm average (1.5 ± 0.02 million). E:\FR\FM\13AUP3.SGM 13AUP3 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules 41009 erowe on DSK5CLS3C1PROD with PROPOSALS3 Breeding population status Fall Flight Estimate Waterfowl Harvest and Hunter Activity 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 longterm 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 greenwinged 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. 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. 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, greenwinged 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. VerDate Nov<24>2008 15:46 Aug 12, 2009 Jkt 217001 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. PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 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 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 10 and May 27, 2009, Federal Register documents. General Written Comments: An individual commenter protested the entire migratory bird hunting regulations E:\FR\FM\13AUP3.SGM 13AUP3 41010 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules 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. erowe on DSK5CLS3C1PROD with PROPOSALS3 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 LowerRegion 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 VerDate Nov<24>2008 15:46 Aug 12, 2009 Jkt 217001 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 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 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 E:\FR\FM\13AUP3.SGM 13AUP3 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules erowe on DSK5CLS3C1PROD with PROPOSALS3 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 1bird daily bag limit and 565,000 with a 2-bird daily bag limit. Because the predicted 2010 population under the 1bird 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 LowerRegion 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 2bird 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 VerDate Nov<24>2008 15:46 Aug 12, 2009 Jkt 217001 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 Upperand Lower-Region Regulations Committees of the Mississippi Flyway Council recommended use of the ‘‘moderate’’ regulation package consisting of a 60–day season with a 2bird 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. PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 41011 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 longterm 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 E:\FR\FM\13AUP3.SGM 13AUP3 41012 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules 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 erowe on DSK5CLS3C1PROD with PROPOSALS3 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 VerDate Nov<24>2008 15:46 Aug 12, 2009 Jkt 217001 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 19992005 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 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 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 E:\FR\FM\13AUP3.SGM 13AUP3 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules 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. erowe on DSK5CLS3C1PROD with PROPOSALS3 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 VerDate Nov<24>2008 15:46 Aug 12, 2009 Jkt 217001 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 midcontinent 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 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 41013 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 8814),’’ 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/ E:\FR\FM\13AUP3.SGM 13AUP3 41014 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules NewReportsPublications/SpecialTopics/ SpecialTopics.html#HuntingRegs 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. erowe on DSK5CLS3C1PROD with PROPOSALS3 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. VerDate Nov<24>2008 15:46 Aug 12, 2009 Jkt 217001 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 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 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 Federallyrecognized 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, offreservation 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 E:\FR\FM\13AUP3.SGM 13AUP3 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules 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. 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. erowe on DSK5CLS3C1PROD with PROPOSALS3 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. Definitions: Proposed Regulations Frameworks for 2009–10 Late Hunting Seasons on Certain Migratory Game Birds 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. Jkt 217001 Waterfowl Flyways: High Plains Mallard Management Unit—roughly defined as that portion of the Central Flyway that lies west of the 100th meridian. Dated: August 5, 2009 Jane Lyder Deputy Assistant Secretary for Fish and Wildlife and Parks. 15:46 Aug 12, 2009 Flyways and Management Units Management Units: 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. VerDate Nov<24>2008 Possession Limits: Unless otherwise specified, possession limits are twice the daily bag limit. 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 (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. PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 41015 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 E:\FR\FM\13AUP3.SGM 13AUP3 41016 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules erowe on DSK5CLS3C1PROD with PROPOSALS3 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 5bird daily bag limit. The season may be split into 3 segments. VerDate Nov<24>2008 15:46 Aug 12, 2009 Jkt 217001 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 3bird daily bag limit. PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 Western Long Island RP Zone: An 80– day season may be held between October 1 and February 15, with a 5bird 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 5bird 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 held between November 15 and January 14, with a 3-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: An 80–day season may be held between November 15 and March E:\FR\FM\13AUP3.SGM 13AUP3 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules 10, with a 5-bird daily bag limit. The season may be split into 3 segments. West Virginia: An 80–day season may be held between October 1 and January 31, with a 5-bird daily bag limit. The season may be split into 2 segments in each zone. 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. Brant Season Lengths, Outside Dates, and Limits: States may select a 50–day season between the Saturday nearest September 24 (September 26) and January 31, with a 2-bird daily bag limit. States may split their seasons into two segments. Mississippi Flyway erowe on DSK5CLS3C1PROD with PROPOSALS3 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: 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), 1 mottled duck, 1 black duck, 1 pintail, 3 wood ducks, 1 canvasback, 2 scaup, 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, Illinois, Indiana, Iowa, Kentucky, Louisiana, Michigan, Minnesota, Missouri, Ohio, Tennessee, and Wisconsin may select hunting seasons by zones. In Alabama, Indiana, Iowa, Kentucky, Louisiana, Michigan, Minnesota, Ohio, Tennessee, and Wisconsin, the season may be split into two segments in each zone. In Arkansas and 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 VerDate Nov<24>2008 15:46 Aug 12, 2009 Jkt 217001 nearest September 24 (September 26) 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 26) and the Sunday nearest February 15 (February 14); 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 26) 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 26) and January 31. Alabama: In the SJBP Goose Zone, the season for Canada geese may not exceed 70 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 50 days. In the remainder of the State, the season may not exceed 40 days. The season may extend to February 15. The daily bag limit is 2 Canada geese. Illinois: The season for Canada geese may extend for 85 days in the North and Central Zones and 66 days in the South Zone. The daily bag limit is 2 Canada geese. Indiana: The season for Canada geese may extend for 74 days. The daily bag limit is 2 Canada geese. Late Canada Goose Season Zone — an experimental special Canada goose season of up to 15 days may be held during February 1–15. During this special season the daily bag limit cannot exceed 5 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 70 days (85 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 70 days. The daily bag limit is 2 Canada geese. (c) Remainder of the State—The season may extend for 70 days. The daily bag limit is 2 Canada geese. Louisiana: The season for Canada geese may extend for 44 days. The daily bag limit is 1 Canada goose. Michigan: (a) North Zone – The framework opening date for all geese is September 16 and the season for Canada geese may PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 41017 extend for 45 days. The daily bag limit is 2 Canada geese. (b) Middle Zone – The framework opening date for all geese is September 16 and the season for Canada geese may extend for 45 days. The daily bag limit is 2 Canada geese. (c) South Zone – The framework opening date for all geese is September 16 and the season for Canada geese may extend for 45 days. The daily bag limit is 2 Canada geese. (1) Allegan County and Muskegon Wastewater GMU - The framework opening date for all geese is September 16 and the season for Canada geese may extend for 45 days. The daily bag limit is 2 Canada geese. (2) Saginaw County and Tuscola/ Huron GMUs - The framework opening date for all geese is September 16 and the season for Canada geese may extend for 45 days through December 30 and an additional 30 days may be held between December 31 and February 7. The daily bag limit is 2 Canada geese. (d) Southern Michigan Late Season Canada Goose Zone—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 41 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 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: (a) Lake Erie Zone–The season may extend for 74 days. The daily bag limit is 2 Canada geese. (b) North Zone–The season may extend for 74 days. The daily bag limit is 2 Canada geese. E:\FR\FM\13AUP3.SGM 13AUP3 41018 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules (c) South Zone – The season may extend for 74 days. 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 72 days. The daily bag limit is 2 Canada geese. (c) Kentucky/Barkley Lakes Zone— The season for Canada geese may extend for 72 days. The daily bag limit is 2 Canada geese. (d) Remainder of the State—The season for Canada geese may extend for 72 days. The daily bag limit is 2 Canada geese. Wisconsin: (a) Horicon Zone—The framework opening date for all geese is September 16. The season may not exceed 92 days. All Canada geese harvested must be tagged. The season limit will be 6 Canada geese per permittee. (b) Collins Zone—The framework opening date for all geese is September 16. The season may not exceed 70 days. All Canada geese harvested must be tagged. The season limit will be 6 Canada geese per permittee. (c) Exterior Zone—The framework opening date for all geese is September 16. The season may not exceed 85 days. The daily bag limit is 2 Canada geese. 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. Central Flyway erowe on DSK5CLS3C1PROD with PROPOSALS3 Ducks, Mergansers, and Coots Outside Dates: Between the Saturday nearest September 24 (September 26) and the last Sunday in January (January 31). 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 12). (2) Remainder of the Central Flyway: 74 days. Bag Limits: 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, 3 wood ducks, 1 pintail, 1 mottled duck (except for the first 5 days of the season when it is closed), and 1 canvasback. Merganser Limits: The daily bag limit is 5 mergansers, only 2 of which may be VerDate Nov<24>2008 15:46 Aug 12, 2009 Jkt 217001 hooded mergansers. 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 3– year 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 26) and the Sunday nearest February 15 (February 14). For light geese, outside dates for seasons may be selected between the Saturday nearest September 24 (September 26) 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 an 86–day season with a bag limit of 1. PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 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 107 days. The daily bag limit is 4 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 4. 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, 2 pintails, 3 scaup, 1 canvasback, and 2 redheads. For scaup, the season length would be 86 days, which may be split according to applicable zones/split duck hunting configurations approved for each State. 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 26) and the last Sunday in January (January 31). Zoning and Split Seasons: Arizona, California, Idaho, Nevada, Oregon, Utah, Washington, and Wyoming may select hunting seasons by zones. Arizona, California, Idaho, Nevada, Oregon, Utah, Washington, and Wyoming may split their seasons into two segments. Colorado, Montana, and New Mexico 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: Dark geese: Except as subsequently noted, 100–day seasons may be selected, with outside dates between the Saturday nearest October 1 (October 3), and the last Sunday in January (January 31). The basic daily bag limit is 4 dark geese, except the dark goose bag limit does not include brant. E:\FR\FM\13AUP3.SGM 13AUP3 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules Light geese: Except as subsequently noted, 107–day seasons may be selected, with outside dates between the Saturday nearest October 1 (October 3), and March 10. The daily bag limit is 6 light geese. Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Wyoming: Dark geese: Except as subsequently noted, 107–day seasons may be selected, with outside dates between the Saturday nearest September 24 (September 26), and the last Sunday in January (January 31). The basic daily bag limit is 4 dark geese. Light geese: Except as subsequently noted, 107–day seasons may be selected, with outside dates between the Saturday nearest September 24 (September 26), and March 10. The basic daily bag limit is 10 light 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. erowe on DSK5CLS3C1PROD with PROPOSALS3 Brant Season Oregon may select a 16–day season, Washington a 16–day season, and California a 30–day season. Days must be consecutive. Washington and California may select hunting seasons by up to two zones. The daily bag limit is 2 brant and is in addition to dark goose limits. In Oregon and California, the brant season must end no later than December 15. Arizona: The daily bag limit for dark geese is 3. California: Northeastern Zone: The daily bag limit is 6 dark geese and may include no more than 1 cackling Canada goose or 1 Aleutian Canada goose. Balance-of-the-State Zone: Limits may not include more than 6 dark geese per day. In the Sacramento Valley Special Management Area, the season on whitefronted geese must end on or before December 14, and the daily bag limit shall contain no more than 2 whitefronted geese. In the North Coast Special Management Area, 107–day seasons may be selected, with outside dates between the Saturday nearest October 1 (October 3) and March 10. Hunting days that occur after the last Sunday in January shall be concurrent with Oregon’s South Coast Zone. Colorado: The daily bag limit for dark geese is 3 geese. Nevada: The daily bag limit for dark geese is 3. VerDate Nov<24>2008 15:46 Aug 12, 2009 Jkt 217001 New Mexico: The daily bag limit for dark geese is 3. Oregon: Except as subsequently noted, the dark goose daily bag limit is 4, including not more than 1 cackling or Aleutian goose. Harney, Lake, and Malheur County Zone: For Lake County only, the daily dark goose bag limit may not include more than 1 white-fronted goose. Klamath County Zone: A 107–day season may be selected, with outside dates between the Saturday nearest October 1 (October 3), and March 10. A 3-way split season may be selected. The daily 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 light geese and white-fronted geese may be taken. The daily bag limit of geese is 6 of which only 4 may be light geese and only 2 may be white-fronted geese. Northwest Special Permit Zone: Outside dates are between the Saturday nearest October 1 (October 3), and the Sunday closest to March 1 (February 28). The daily bag limit of dark geese is 4 including not more than 2 cackling or Aleutian geese and daily bag limit of light geese is 4. In those designated areas of Tillamook County open to hunting, the daily bag limit of dark geese is 2. South Coast Zone: The daily dark goose bag limit is 4 including cackling and Aleutian geese. In Oregon’s South Coast Zone 107–day seasons may be selected, with outside dates between the Saturday nearest October 1 (October 3) and March 10. Hunting days that occur after the last Sunday in January shall be concurrent with California’s North Coast Special Management Area. A 3-way split season may be selected. Southwest Zone: The daily dark goose bag limit is 4 including cackling and Aleutian geese. Utah: The daily bag limit for dark geese is 3. Washington: The daily bag limit is 4 geese. Area 1: Outside dates are between the Saturday nearest October 1 (October 3), and the last Sunday in January (January 31). Areas 2A and 2B (Southwest Quota Zone): Except for designated areas, there will be no open season on Canada geese. See section on quota zones. In this area, the daily bag limit may include 2 cackling geese. In Southwest Quota Zone Area 2B (Pacific County), the daily bag limit may include 1 Aleutian goose. Areas 4 and 5: A 107–day season may be selected for dark geese. Wyoming: The daily bag limit for dark geese is 3. PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 41019 Quota Zones Seasons on geese must end upon attainment of individual quotas of dusky geese allotted to the designated areas of Oregon (90) and Washington (45). The September Canada goose season, the regular goose season, any special late dark goose season, and any extended falconry season, combined, must not exceed 107 days, and the established quota of dusky geese must not be exceeded. Hunting of geese in those designated areas will only be by hunters possessing a State-issued permit authorizing them to do so. In a Serviceapproved investigation, the State must obtain quantitative information on hunter compliance of those regulations 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 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 (February 28). Regular goose seasons may be split into 3 segments within the Oregon and Washington quota zones. 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 (October 3). 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 13) or upon attainment of 10 trumpeter swans in the harvest, whichever occurs earliest. The Utah season remains subject to the terms of E:\FR\FM\13AUP3.SGM 13AUP3 41020 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules 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 3) 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 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, 2010, a report detailing harvest, hunter participation, reporting compliance, and monitoring of swan populations in the designated hunt areas. erowe on DSK5CLS3C1PROD with PROPOSALS3 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 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 (October 3) to January 31. VerDate Nov<24>2008 15:46 Aug 12, 2009 Jkt 217001 —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. 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. 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 (Exeter– Hampton Expressway), east to I–95 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 (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 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. E:\FR\FM\13AUP3.SGM 13AUP3 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules 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. 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 US 2; east along US 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. erowe on DSK5CLS3C1PROD with PROPOSALS3 Mississippi Flyway Alabama South Zone: Mobile and Baldwin Counties. North Zone: The remainder of Alabama. 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, VerDate Nov<24>2008 15:46 Aug 12, 2009 Jkt 217001 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 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. PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 41021 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 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. 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 E:\FR\FM\13AUP3.SGM 13AUP3 41022 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules erowe on DSK5CLS3C1PROD with PROPOSALS3 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 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 VerDate Nov<24>2008 15:46 Aug 12, 2009 Jkt 217001 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. 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 County 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 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 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. I80; 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; 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. New Mexico (Central Flyway Portion) North Zone: That portion of the State north of I–40 and U.S. 54. South Zone: The remainder of New Mexico. 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 E:\FR\FM\13AUP3.SGM 13AUP3 erowe on DSK5CLS3C1PROD with PROPOSALS3 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules 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. 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, 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 I29. Middle Zone: The remainder of South Dakota. 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. VerDate Nov<24>2008 15:46 Aug 12, 2009 Jkt 217001 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: 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 California– Nevada–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; PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 41023 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 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; E:\FR\FM\13AUP3.SGM 13AUP3 41024 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules erowe on DSK5CLS3C1PROD with PROPOSALS3 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. 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. 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 Zone. Geese Atlantic Flyway Connecticut AP Unit: Litchfield County and the portion of Hartford County west of a line beginning at the Massachusetts border in Suffield and extending south VerDate Nov<24>2008 15:46 Aug 12, 2009 Jkt 217001 along Route 159 to its intersection with Route 91 in Hartford, and then extending south along Route 91 to its intersection with the Hartford/ Middlesex County line. AFRP Unit: Starting at the intersection of I-95 and the Quinnipiac River, north on the Quinnipiac River to its intersection with I-91, north on I-91 to I-691, west on I-691 to the Hartford County line, and encompassing the rest of New Haven County and Fairfield County in its entirety. NAP H-Unit: All of the rest of the State not included in the AP or AFRP descriptions above. South Zone: Same as for ducks. North Zone: Same as for ducks. Maryland Resident Population (RP) Zone: Garrett, Allegany, Washington, Frederick, and Montgomery Counties; 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 west of Route 31 to the intersection of Route 97, and west of Route 97 to the Pennsylvania line. AP Zone: Remainder of the State. Massachusetts NAP Zone: Central and Coastal Zones (see duck zones). AP Zone: The Western Zone (see duck zones). Special Late Season Area: The Central Zone and that portion of the Coastal Zone (see duck zones) that lies north of the Cape Cod Canal, north to the New Hampshire line. New Hampshire Same zones as for ducks. 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 along Route 322 to Route 55; then south along Route 55 to Route 553 (Buck PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 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. Northeast Goose Area: The same as the Northeastern Waterfowl Hunting Zone, which is that area of New York State lying north of a continuous line extending from Lake Ontario east along the north shore of the Salmon River to Interstate 81, south along Interstate Route 81 to Route 31, east along Route 31 to Route 13, north along Route 13 to Route 49, east along Route 49 to Route 365, east along Route 365 to Route 28, east along Route 28 to Route 29, east along Route 29 to Interstate Route 87, north along Interstate Route 87 to Route 9 (at Exit 20), north along Route 9 to Route 149, east along Route 149 to Route 4, north along Route 4 to the New York-Vermont boundary, exclusive of the Lake Champlain Zone. East Central Goose Area: That area of New York State lying inside of a continuous line extending from Interstate Route 81 in Cicero, east along Route 31 to Route 13, north along Route 13 to Route 49, east along Route 49 to Route 365, east along Route 365 to Route 28, east along Route 28 to Route 29, east 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, E:\FR\FM\13AUP3.SGM 13AUP3 erowe on DSK5CLS3C1PROD with PROPOSALS3 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules 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 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 point of beginning. 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 Route 5, east along Route 5 to Crittenden-Murrays Corners Road, south on CrittendenMurrays Corners Road 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, northeast along Route 39 to Route 20A, northeast along Route 20A to Route 20, east along Route 20 to Route 364 (near Canandaigua), south and east along Route 364 to Yates County Route 18 (Italy Valley Road), VerDate Nov<24>2008 15:46 Aug 12, 2009 Jkt 217001 southwest along Route 18 to Yates County Route 34, east along Route 34 to Yates County Route 32, south along Route 32 to Steuben County Route 122, south along Route 122 to Route 53, south along Route 53 to Steuben County Route 74, east along Route 74 to Route 54A (near Pulteney), south along Route 54A to Steuben County Route 87, east 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 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 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 41025 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 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 Windsor–Cornwall town boundary, northeast along the New WindsorCornwall 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 Dutchess– Putnam County boundary, east along the county boundary to the New YorkConnecticut boundary, north along the New York–Connecticut boundary to the New York–Massachusetts boundary, north along the New York– Massachusetts boundary to the New York–Vermont boundary, north to the point of beginning. Eastern Long Island Goose Area (NAP High Harvest Area): That area of Suffolk County lying east of a continuous line extending due south from the New York-Connecticut boundary to the northernmost end of Roanoke Avenue in the Town of Riverhead; then south on Roanoke Avenue (which becomes County Route 73) to State Route 25; then west on Route 25 to Peconic Avenue; then south on Peconic Avenue to County Route (CR) 104 (Riverleigh Avenue); then south on CR 104 to CR 31 (Old Riverhead Road); then south on CR 31 to Oak Street; then south on Oak Street to Potunk Lane; then west on Stevens Lane; then south on Jessup Avenue (in Westhampton Beach) to E:\FR\FM\13AUP3.SGM 13AUP3 erowe on DSK5CLS3C1PROD with PROPOSALS3 41026 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules Dune Road (CR 89); then due south to international waters. Western Long Island Goose Area (RP Area): That area of Westchester County and its tidal waters 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 northernmost end of the Sunken Meadow State Parkway; then south on the Sunken Meadow Parkway to the Sagtikos State Parkway; then south on the Sagtikos Parkway to the Robert Moses State Parkway; then south on the Robert Moses Parkway to its southernmost end; then due south to international waters. Central Long Island Goose Area (NAP Low Harvest Area): That area of Suffolk County lying between the Western and Eastern Long Island Goose Areas, as defined above. South Goose Area: The remainder of New York State, excluding New York City. Special Late Canada Goose Area: That area of the Central Long Island Goose Area 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. 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, Richmond (that portion south of NC 73 and west of US 220 and north of US 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 US 17 in Midway, US 17 in Midway to US 13 in Windsor, US 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, VerDate Nov<24>2008 15:46 Aug 12, 2009 Jkt 217001 Pender, Person, Pitt, Polk, Randolph, Richmond (all of the county with exception of that portion that is south of NC 73 and west of US 220 and north of US 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 US 17 in Midway, US 17 in Midway to US 13 in Windsor, US 13 in Windsor to the Hertford Co. line), Camden, Chowan, Currituck, Dare, Hyde, Pasquotank, Perquimans, Tyrrell, and Washington. Pennsylvania Resident Canada Goose Zone: All of Pennsylvania except for SJBP Zone and the area east of route SR 97 from the Maryland State Line to the intersection of SR 194, east of SR 194 to intersection of US Route 30, south of US 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, and south of I–80 to the New Jersey State line. SJBP Zone: The area north of I-80 and west of I-79 including in the city of Erie west of Bay Front Parkway to and including the Lake Erie Duck zone (Lake Erie, Presque Isle, and the area within 150 yards of the Lake Erie Shoreline). 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 US Route 30, south of US 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, that portion of Orangeburg County north of SC Highway 6, and that portion of Berkeley County north of SC Highway 45 from the Orangeburg County line to the junction of SC Highway 45 and State Road S-8-31 and that portion west of the Santee Dam. 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, PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 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 Virginia– Virginia Border (Loudoun County– Clarke County line) south to Interstate 64 (the Blue Ridge line follows county borders along the western edge of Loudoun–Fauquier–Rappahannock– Madison–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. 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: Baxter, Benton, Boone, Carroll, Conway, Crawford, Faulkner, Franklin, Johnson, Logan, Madison, Marion, Newton, Perry, Pope, Pulaski, Searcy, Sebastian, Scott, Van Buren, Washington, and Yell Counties. Illinois Same zones as for ducks. Indiana Same zones as for ducks but in addition: Special Canada Goose Seasons Indiana Late Canada Goose Season Zone: That part of the state encompassed by the following Counties: Steuben, Lagrange, Elkhart, St. Joseph, La Porte, Starke, Marshall, Kosciusko, Noble, De Kalb, Allen, Whitley, Huntington, Wells, Adams, Boone, Hamilton, Madison, Hendricks, Marion, Hancock, Morgan, Johnson, Shelby, Vermillion, Parke, Vigo, Clay, Sullivan, and Greene. Iowa North Zone: That portion of the State north of U.S. Highway 20. South Zone: The remainder of Iowa. 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 E:\FR\FM\13AUP3.SGM 13AUP3 erowe on DSK5CLS3C1PROD with PROPOSALS3 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules 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. Pennyroyal/Coalfield Zone: Butler, Daviess, Ohio, Simpson, and Warren Counties and all counties lying west to the boundary of the Western Goose Zone. Michigan (a) North Zone – Same as North duck zone. (b) Middle Zone – Same as Middle duck zone. (c) South Zone – Same as South duck zone. 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 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 VerDate Nov<24>2008 15:46 Aug 12, 2009 Jkt 217001 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 Late Season Canada Goose Zone: Same as the South Duck Zone excluding Tuscola/Huron Goose Management Unit (GMU), Allegan County GMU, Saginaw County GMU, and Muskegon Wastewater GMU. 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. 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 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 41027 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, 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 Zone: That portion of the North Duck Zone encompassed by and north and east of 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, and east along I– 80 to the Pennsylvania State line in Trumbull County. 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 E:\FR\FM\13AUP3.SGM 13AUP3 erowe on DSK5CLS3C1PROD with PROPOSALS3 41028 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules 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. 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. VerDate Nov<24>2008 15:46 Aug 12, 2009 Jkt 217001 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. 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 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 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 intersection of the Interstate Canal, west to 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, 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 14, south to NE 66, east to US 81, north 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. North Dakota Missouri River Canada Goose Zone: The area within and bounded by a line starting where ND Hwy 6 crosses the South Dakota border; thence north on ND Hwy 6 to I-94; thence west on I-94 to ND Hwy 49; thence north on ND Hwy 49 to ND Hwy 200; thence north on Mercer County Rd. 21 to the section line between sections 8 and 9 (T146NR87W); thence north on that section line to the southern shoreline to Lake Sakakawea; thence east along the southern shoreline (including Mallard Island) of Lake Sakakawea to US Hwy 83; thence south on US Hwy 83 to ND Hwy 200; thence east on ND Hwy 200 to ND Hwy 41; thence south on ND Hwy 41 to US Hwy 83; thence south on US Hwy 83 to I-94; thence east on I-94 to US Hwy 83; thence south on US Hwy 83 to the South Dakota border; thence west along the South Dakota border to ND Hwy 6. Rest of State: Remainder of North Dakota. South Dakota Canada Geese Unit 1: Remainder of South Dakota. Unit 2: Bon Homme, Brule, Buffalo, Charles Mix, Custer east of SD Hwy 79 and south of French Creek, Dewey south of US Hwy 212, Fall River east of SD E:\FR\FM\13AUP3.SGM 13AUP3 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules Hwy 71 and US Hwy 385, Gregory, Hughes, Hyde south of US Hwy 14, Lyman, Perkins, Potter west of US Hwy 83, Stanley, and Sully Counties. Unit 3: 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) erowe on DSK5CLS3C1PROD with PROPOSALS3 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 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 VerDate Nov<24>2008 15:46 Aug 12, 2009 Jkt 217001 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 junction of North Valley Road; south to the junction with Arlington Road (A22); west to the junction of Highway 89; south and west to the junction of Highway 70; east on Highway 70 to Highway 395; south and east on Highway 395 to the point of intersection with the California-Nevada State line; north along the California-Nevada State line to the junction of the CaliforniaNevada-Oregon State lines west along the California-Oregon State line to the point of origin. Colorado River Zone: Those portions of San Bernardino, Riverside, and Imperial Counties east of a line extending from the Nevada border south along U.S. 95 to Vidal Junction; south on a road known as ‘‘Aqueduct Road’’ in San Bernardino County through the town of Rice to the San BernardinoRiverside County line; south on a road known in Riverside County as the ‘‘Desert Center to Rice Road’’ to the 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 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 41029 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 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: 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: Adams, Benewah, Bonner, Boundary, Clearwater, Idaho, Kootenai, Latah, Lewis, Nez Perce, Shoshone, and Valley Counties. Zone 2: The Counties of Ada; Boise; Canyon; those portions of Elmore north E:\FR\FM\13AUP3.SGM 13AUP3 erowe on DSK5CLS3C1PROD with PROPOSALS3 41030 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules 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; and Washington. Zone 3: The Counties of Cassia except the Minidoka National Wildlife Refuge; 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; and Twin Falls. Zone 4: The Counties of Bear Lake; Bingham within the Blackfoot Reservoir drainage; Blaine; Bonneville, Butte; Camas; Caribou except the Fort Hall Indian Reservation; Cassia within the Minidoka National Wildlife Refuge; Clark; Custer; Franklin; Fremont; Jefferson; Lemhi; Madison; Oneida; 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 drainage; and Power County. 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; then north to the VerDate Nov<24>2008 15:46 Aug 12, 2009 Jkt 217001 intersection of the Benton and Lincoln County line; then north along the western boundary of Benton and Polk Counties to the southern boundary of Tillamook County; then 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. Tillamook County Management Area: All of Tillamook County is open to goose hunting except for the following area—beginning in Cloverdale at Hwy 101, west on Old Woods Rd to Sand Lake Rd at Woods, north on Sand Lake Rd to the intersection with McPhillips Dr, due west (~200 yards) from the intersection to the Pacific coastline, south on the Pacific coastline to Neskowin Creek, east along the north shores of Neskowin Creeks and then Hawk Creeks to Salem Ave, east on Salem Ave in Neskowin to Hawk Ave, east on Hawk Ave to Hwy 101, north on Hwy 101 at Cloverdale, to the point of beginning. 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. Eastern Zone: Hood River, Wasco, Sherman, Gilliam, Morrow, Umatilla, 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 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; PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 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. Washington Area 1: Skagit, Island, and Snohomish Counties. Area 2A (SW Quota Zone): Clark County, except portions south of the Washougal River; Cowlitz County; and Wahkiakum County. 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, 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 E:\FR\FM\13AUP3.SGM 13AUP3 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules erowe on DSK5CLS3C1PROD with PROPOSALS3 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 VerDate Nov<24>2008 15:46 Aug 12, 2009 Jkt 217001 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 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 41031 Nevada–Utah State line; then south on the Nevada–Utah State line to I–80. [FR Doc. E9–19432 Filed 8–12–09; 8:45 am] BILLING CODE 4310–55–S E:\FR\FM\13AUP3.SGM 13AUP3

Agencies

[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]



[[Page 41007]]

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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

[[Page 41008]]


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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).

[[Page 41009]]

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

[[Page 41011]]

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
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