Migratory Bird Hunting; Final Frameworks for Early-Season Migratory Bird Hunting Regulations, 43008-43024 [E9-20400]

Download as PDF 43008 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Rules and Regulations 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; Final Frameworks for Early-Season Migratory Bird Hunting Regulations AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. SUMMARY: This rule prescribes final early-season frameworks from which the States, Puerto Rico, and the Virgin Islands may select season dates, limits, and other options for the 2009–10 migratory bird hunting seasons. Early seasons are those that generally open prior to October 1, and include seasons in Alaska, Hawaii, Puerto Rico, and the Virgin Islands. The effect of this final rule is to facilitate the selection of hunting seasons by the States and Territories to further the annual establishment of the early-season migratory bird hunting regulations. DATES: This rule is effective on August 25, 2009. ADDRESSES: States and Territories should send their season selections to: Chief, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, ms MBSP-4107-ARLSQ, 1849 C Street, NW., Washington, DC 20240. You may inspect comments during normal business hours at the Service’s office in room 4107, 4501 N. Fairfax Drive, Arlington, Virginia, or at www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Robert Blohm, Chief, or Ron W. Kokel, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, (703) 358-1714. SUPPLEMENTARY INFORMATION: sroberts on DSKD5P82C1PROD with RULES 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 VerDate Nov<24>2008 23:15 Aug 24, 2009 Jkt 217001 rule. Further, we explained that all sections of subsequent documents outlining hunting frameworks and guidelines were organized under numbered headings. Subsequent documents will refer only to numbered items requiring attention. Therefore, it is important to note that we will omit those items requiring no attention, and remaining numbered items will be discontinuous and appear incomplete. On May 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 Regulations 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. We will publish the proposed frameworks for late-season regulations (primarily hunting seasons that start after October 1 and most waterfowl seasons not already established) in a late August Federal Register. This document is the fourth in a series of proposed, supplemental, and final rulemaking documents. It establishes final frameworks from which States may select season dates, shooting hours, and daily bag and possession limits for the 2009–10 season. These selections will be published in the Federal Register as amendments to §§20.101 through 20.107, and §20.109 of title 50 CFR part 20. Review of Public Comments The preliminary proposed rulemaking, which appeared in the April 10 Federal Register, opened the public comment period for migratory PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 game bird hunting regulations. We have considered all pertinent comments received. Comments are summarized below and numbered in the order used in the April 10 Federal Register. We have included only the numbered items pertaining to early-season issues for which we received comments. Consequently, the issues do not follow in successive numerical or alphabetical order. We received recommendations from all Flyway Councils. Some recommendations supported continuation of last year’s frameworks. Due to the comprehensive nature of the Councils’ annual review of the frameworks, we assume Council support for continuation of last year’s frameworks for items for which we received no recommendation. Council recommendations for changes are summarized below. General Written Comments: An individual commenter protested the entire migratory bird hunting regulations 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 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 longstanding example of State-Federal cooperative management since its establishment in 1952. However, as always, we continue to seek new ways to streamline and improve the process. 1. Ducks Categories used to discuss issues related to duck harvest management are: (A) General Harvest Strategy; (B) Regulatory Alternatives, including specification of framework dates, season lengths, and bag limits; (C) Zones and Split Seasons; and (D) Special Seasons/ Species Management. The categories E:\FR\FM\25AUR4.SGM 25AUR4 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Rules and Regulations correspond to previously published issues/discussions, and only those containing substantial recommendations are discussed below. sroberts on DSKD5P82C1PROD with RULES D. Special Seasons/Species Management i. September Teal Seasons Council Recommendations: The Atlantic Flyway Council recommended that the number of hunting days during the special September teal season in the Atlantic Flyway be increased from 9 consecutive days to 16 consecutive days whenever the blue-winged teal breeding population exceeds 4.7 million birds. Service Response: We concur with the Atlantic Flyway Council’s recommendation to increase the number of hunting days during the special September teal season from 9 consecutive hunting days to 16 consecutive hunting days in the Atlantic Flyway whenever the blue-winged teal breeding population estimate for the traditional survey area exceeds 4.7 million birds. The Mississippi and Central Flyways have had operational 16–day September teal seasons (whenever the blue-winged teal breeding population estimate for the traditional survey area exceeds 4.7 million birds) since 1998. In the Atlantic Flyway, existing 9–day September teal seasons were first implemented experimentally in 1998 and made operational in 2003. We estimate that the additional 7 hunting days will result in an increased harvest of about 7,700 blue-winged teal, or about a 10 percent increase in the Flyway’s overall blue-winged teal harvest of about 75,000 (average of 75,290 since 1998). In 2007, bluewinged teal harvest in the Mississippi and Central Flyways was about 532,000 in the special September season, and more than 973,000 overall. In providing the Atlantic Flyway this expanded opportunity for teal, we offer several notes to the Atlantic, Central, and Mississippi Flyway Councils regarding teal. First, although we agree with the analysis prepared and submitted by the Atlantic Flyway Council regarding the expected harvest of the expanded special September teal season in the Atlantic Flyway (minor impacts of less than a 1 percent increase in the overall U.S. blue-winged teal harvest and again only a 10 percent harvest increase for the Flyway), the Atlantic Flyway Council should prepare a report that evaluates pertinent teal population and harvest information after the 16–day season has been conducted for 3 years. The Atlantic VerDate Nov<24>2008 23:15 Aug 24, 2009 Jkt 217001 Flyway’s initial analysis, however, is consistent with our belief and best available science that the expanded season would not have a significant impact on teal populations and thus the Service approves these changes. Second, we note that a new assessment of the cumulative effects of all teal harvest, including harvest during special September seasons, is warranted before any further modifications of special September teal seasons. Therefore, we will not agree to any further modifications of special September teal seasons or other special September duck seasons until a thorough assessment of the harvest potential has been completed for both blue-winged and green-winged teal, as well as an assessment of the impacts of current special September seasons on these two species. We request that the Atlantic, Mississippi, and Central Flyway Councils designate representatives who will assist Service staff with the technical aspects of these assessments. Our goal is to complete this important assessment work within 3 years. Finally, utilizing the criteria developed for the teal season harvest strategy, this year’s estimate of 7.4 million blue-winged teal from the traditional survey area indicates that a 16–day September teal season in the Atlantic, Central, and Mississippi Flyways is appropriate for 2009. 4. Canada Geese B. Regular Seasons Council Recommendations: The Upper- and Lower-Region Regulations Committees of the Mississippi Flyway Council recommended that the framework opening date for all species of geese for the regular goose seasons in Michigan and Wisconsin be September 16, 2009. Written Comments: The Wisconsin Department of Natural Resources expressed appreciation for the Service’s approval of a September 16, 2009, framework opening date for all species of geese for the regular goose seasons in Michigan and Wisconsin. Service Response: We concur. As we stated last year (73 FR 50678), we agree with the objective to increase harvest pressure on resident Canada geese in the Mississippi Flyway and will continue to consider the opening dates in both States as exceptions to the general Flyway opening date, to be reconsidered annually. 9. Sandhill Cranes Council Recommendations: The Mississippi, Central, and Pacific Flyway Councils recommended expanding the PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 43009 area open to Mid-continent Population (MCP) sandhill crane hunting in Wyoming to include Johnson and Sheridan Counties. The Central and Pacific Flyway Councils recommended using the 2009 Rocky Mountain Population (RMP) sandhill crane harvest allocation of 1,939 birds as proposed in the allocation formula using the 3–year running average. The Pacific Flyway Council recommended extending the experimental, limited hunt for Lower Colorado River sandhill cranes in Arizona for an additional 3 years. The extension is necessary due to difficulties initiating the new hunt, which was approved by the Service in 2007. Service Response: We agree with the Councils’ recommendations on the RMP sandhill crane harvest allocation of 1,939 birds for the 2009–10 season as outlined in the RMP sandhill crane management plan’s harvest allocation formula. Regarding the modification of the MCP sandhill crane hunt area in Wyoming to included portions of Johnson and Sheridan Counties, we agree. Both of these areas are within existing MCP hunt plans. In 2007, the Pacific Flyway Council recommended, and we approved, the establishment of a limited hunt for the Lower Colorado River Valley Population (LCRVP) of sandhill cranes in Arizona (72 FR 49622). However, the population inventory on which the LCRVP hunt plan is based was not completed that year. Thus, the Arizona Game and Fish Department chose to not conduct the hunt in 2007 and sought approval from the Service again last year to begin conducting the hunt. We again approved the limited hunt (73 FR 50678). However, due to complications encountered with the proposed onset of this new season falling within ongoing efforts to open new hunting seasons on Federal wildlife refuges, the experimental limited hunt season was not opened last year. As such, the State of Arizona has requested that the next 3 years (2009–12) be designated as the new experimental season and has designated an area under State control where the experimental hunt will be conducted. Given that the LCRVP survey results indicate an increase from 1,900 birds in 1998 to 2,401 birds in 2009, and that the 3–year average of 2,981 LCRVP cranes is above the population objective of 2,500, we continue to support the establishment of the 3–year experimental framework for this hunt, conditional on successful monitoring being conducted as called for in the Flyway hunt plan for this population. E:\FR\FM\25AUR4.SGM 25AUR4 43010 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Rules and Regulations sroberts on DSKD5P82C1PROD with RULES Our final environmental assessment (FEA) on this new hunt can be obtained by writing Robert Trost, Pacific Flyway Representative, U.S. Fish and Wildlife Service, Division of Migratory Bird management, 911 NE 11th Avenue, Portland, OR 97232-4181, or it may be viewed online at http:// www.regulations.gov. 16. Mourning Doves Council Recommendations: The Atlantic and Mississippi Flyway Councils recommended use of the ‘‘moderate’’ season framework for States within the Eastern Management Unit population of mourning doves, resulting in a 70–day season and 15-bird daily bag limit. The daily bag limit could be composed of mourning doves and white-winged doves, singly or in combination. The Mississippi and Central Flyway Councils recommend the use of the standard (or ‘‘moderate’’) season package of a 15-bird daily bag limit and a 70–day season for the 2009-10 mourning dove season in the States within the Central Management Unit. The daily bag limit could be composed of mourning doves and white-winged doves, singly or in combination. The Councils also recommended changing the opening date for dove hunting in the South Zone in Texas to the Friday nearest September 20, but not earlier than September 17. The Pacific Flyway Council recommended use of the ‘‘moderate’’ season framework for States in the Western Management Unit (WMU) population of mourning doves, which represents no change from last year’s frameworks. Written Comments: The Wisconsin Department of Natural Resources supported the Councils’ recommendation for a ‘‘moderate’’ season package for mourning doves for the 2009–10 season. Service Response: Last year, we accepted and endorsed the interim harvest strategies for the Central, Eastern, and Western Management Units (73 FR 50678). As we stated then, the interim mourning dove harvest strategies are a step towards implementing the Mourning Dove National Strategic Harvest Plan (Plan) that was approved by all four Flyway Councils in 2003. The Plan represents a new, more informed means of decisionmaking for dove harvest management besides relying solely on traditional roadside counts of mourning doves as indicators of population trend. However, recognizing that a more comprehensive, national approach would take time to develop, we VerDate Nov<24>2008 23:15 Aug 24, 2009 Jkt 217001 requested the development of interim harvest strategies, by management unit, until the elements of the Plan can be fully implemented. In 2004, each management unit submitted its respective strategy, but the strategies used different datasets and different approaches or methods. After initial submittal and review in 2006, we requested that the strategies be revised, using similar, existing datasets among the management units along with similar decision-making criteria. In January 2008, we recommended that, following approval by the respective Flyway Councils in March, the strategies be submitted in 2008 for endorsement by the Service, with implementation for the 2009–10 hunting season. Thus, based on the new interim harvest strategies and current population status, we agree with the recommended selection of the ‘‘moderate’’ season frameworks for doves in the Eastern, Central, and Western Management Units. Regarding the recommended change in the opening date for dove hunting in the South Zone in Texas, we agree. Allowing Texas to use a ‘‘floating’’ framework opening date for the South Zone is a relatively minor change that would allow Texas additional flexibility in establishing its season. 17. White-winged and White-tipped Doves Council Recommendations: The Mississippi and Central Flyway Councils recommend modifying the boundary for the Special White-winged Dove Area (SWWDA) in Texas by removing portions of Jim Hogg and northern Starr Counties, and modifying the daily bag limit in the SWWDA in Texas to 15 doves per day in the aggregate to be consistent with mourning dove frameworks. Service Response: We agree with the Councils’ recommendation to remove portions of the SWWDA area in Texas. Removal of the areas with poorer quality white-winged dove habitat from the SWWDA hunt area will allow Texas to more appropriately manage the overall dove harvest. We also agree with the Councils’ recommendation to modify the daily bag limit in the SWWDA from 12 to 15 birds per day. Increasing the overall aggregate daily bag limit on doves, while maintaining the existing internal bag limit restrictions on mourning and white-tipped doves, will provide hunters more consistent and easily understood dove hunting regulations. PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 18. Alaska Council Recommendations: The Pacific Flyway Council recommended reducing the daily bag limits for brant in Alaska from 3 per day with 6 in possession to 2 per day with 4 in possession. The Council also subsequently recommended at the June SRC meeting several goose season modifications to address new survey information regarding estimates of dusky Canada geese. They recommended delaying the opening of goose hunting in the affected areas by one week, implementing an education and outreach program to notify hunters of the need for further harvest restrictions, initiation of a voluntary check station for dusky Canada geese in those areas, and implementation of actions identified in the Pacific Flyway Management Plan for dusky Canada geese in 2010. Service Response: This year, the annual population index of dusky Canada geese, 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. These results further increase our longstanding concern for this subspecies of Canada goose. We appreciate the fact that the Pacific Flyway had planned for this possible situation when the Flyway management plan for this population was revised in 2008, and we strongly support the development and use of these cooperatively developed management plans. Therefore, we will enact the harvest management program called for in the Flyway management plan at this population level. More specifically: (1) A mandatory State-issued permit is required to hunt Canada geese in Alaska GMU 6-C, and on Middleton, Hinchinbrook and Hawkins Islands in the Gulf of Alaska adjacent to GMU 6C; (2) All geese harvested from these areas must be taken to a State-operated check station where the subspecies will be determined; (3) The season for all Canada geese will be closed if a total of 40 dusky Canada geese are harvested; and (4) The State of Alaska will conduct an effort to educate the hunting public about the conservation concerns surrounding the dusky Canada goose in the area of Cordova, Alaska. We recognize the fact that implementation of the permit hunt in a E:\FR\FM\25AUR4.SGM 25AUR4 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Rules and Regulations relatively short time will prove challenging, but we strongly believe that the actions outlined in the management plan constitute the best course of action for harvest management of the dusky Canada goose. We recognize the work involved in crafting the amended recommendation from the Pacific Flyway Council on behalf of the State of Alaska. However, this recommendation consists of harvest management actions not addressed in the Flyway management plan, and their impact on dusky Canada goose harvest is unknown. Further, the Council’s amended proposal does not establish a limit on the number of dusky Canada geese that could be taken, nor would they provide any information regarding the harvest of dusky Canada geese in the Copper River Delta area. We concur with the Pacific Flyway Council’s recommendation to decrease the daily bag and possession limit for brant. 20. Puerto Rico Council Recommendations: The Atlantic Flyway Council recommended that Puerto Rico be permitted to adopt a 20-bird bag limit for doves in the aggregate for the next three hunting seasons, 2009–2011. Legally hunted dove species in Puerto Rico are the Zenaida dove, the white-winged dove, and the mourning dove. They also recommended that the 20-bird aggregate bag limit should include no more than 10 Zenaida doves and no more than 3 mourning doves. Service Response: As we stated last year when we approved Puerto Rico’s proposal (73 FR 50678), we concur with the intent of the 3–year experimental season to increase harvest pressure on a rapidly growing population of whitewinged doves while decreasing hunting pressure on Zenaida and mourning doves. sroberts on DSKD5P82C1PROD with 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 VerDate Nov<24>2008 23:15 Aug 24, 2009 Jkt 217001 available by writing to the address indicated under the caption ADDRESSES. In a notice published in the September 8, 2005, Federal Register (70 FR 53376), we announced our intent to develop a new Supplemental Environmental Impact Statement for the migratory bird hunting program. Public scoping meetings were held in the spring of 2006, as 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 ADDRESSES or by viewing on our website at http:// www.fws.gov/migratorybirds/. Endangered Species Act Consideration Section 7 of the Endangered Species Act, as amended (16 U.S.C. 1531–1543; 87 Stat. 884), provides that, ‘‘The Secretary shall review other programs administered by him and utilize such programs in furtherance of the purposes of this Act’’ (and) shall ‘‘insure that any action authorized, funded, or carried out * * * is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of [critical] habitat. * * *.’’ Consequently, we conducted formal consultations to ensure that actions resulting from these regulations would not likely jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitat. Findings from these consultations are included in a biological opinion, which concluded that the regulations are not likely to jeopardize the continued existence of any endangered or threatened species. Additionally, these findings may have caused modification of some regulatory measures previously proposed, and the final frameworks reflect any such modifications. Our biological opinions resulting from this section 7 consultation are public documents available for public inspection at the address indicated under ADDRESSES. 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. 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 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 43011 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. An Economic Analysis was prepared for the 2008-2009 season. This analysis was based on data from the 2006 National Hunting and Fishing Survey, the most recent year for which data are available (see discussion in Regulatory Flexibility Act section below). This analysis estimates consumer surplus for three alternatives for duck hunting (estimates for other species are not quantified due to lack of data). The alternatives are 1) Issue restrictive regulations allowing fewer days than those issued during the 2007-2008 season, 2) Issues moderate regulations allowing more days than those in alternative 1, and 3) Issue liberal regulations identical to the regulations in the 2007-2008 season. For the 20082009 season, we chose alternative 3, with an estimated consumer surplus across all flyways of $205-$270 million. For the upcoming 2009-2010 season, we again considered these three alternatives and again chose alternative 3 for ducks. We made minor modifications to the season frameworks for some other species, but these do not significantly change the economic impacts of the rule, which were not quantified for other species. For these reasons, we have not conducted a new Economic Analysis, but the 2008-2009 analysis is part of the record for this rule and is available at http://www.fws.gov/ migratorybirds/ NewReportsPublications/SpecialTopics/ SpecialTopics.html#HuntingRegs or at http://www.regulations.gov. 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, E:\FR\FM\25AUR4.SGM 25AUR4 43012 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Rules and Regulations 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 ADDRESSES or from our website at http:// www.fws.gov/migratorybirds/ NewReportsPublications/SpecialTopics/ SpecialTopics.html#HuntingRegs or at http://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. sroberts on DSKD5P82C1PROD with RULES 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 VerDate Nov<24>2008 23:15 Aug 24, 2009 Jkt 217001 regulatory action’’ under the Unfunded Mandates Reform Act. Civil Justice Reform—Executive Order 12988 The Department, in promulgating this rule, has determined that this 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 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 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 were contained in a separate proposed rule (74 FR 36870). 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 responsibility over these species by the PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 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. Regulations Promulgation The rulemaking process for migratory game bird hunting must, by its nature, operate under severe time constraints. However, we intend that the public be given the greatest possible opportunity to comment. Thus, when the preliminary proposed rulemaking was published, we established what we believed were the longest periods possible for public comment. In doing this, we recognized that when the comment period closed, time would be of the essence. That is, if there were a delay in the effective date of these regulations after this final rulemaking, States would have insufficient time to select season dates and limits; to communicate those selections to us; and to establish and publicize the necessary regulations and procedures to implement their decisions. We therefore find that ‘‘good cause’’ exists, within the terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and these frameworks will, therefore, take effect immediately upon publication. Therefore, under authority of the Migratory Bird Treaty Act (July 3, 1918), as amended (16 U.S.C. 703–711), we prescribe final frameworks setting forth the species to be hunted, the daily bag and possession limits, the shooting hours, the season lengths, the earliest opening and latest closing season dates, and hunting areas, from which State conservation agency officials will select E:\FR\FM\25AUR4.SGM 25AUR4 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Rules and Regulations hunting season dates and other options. Upon receipt of season selections from these officials, we will publish a final rulemaking amending 50 CFR part 20 to reflect seasons, limits, and shooting hours for the conterminous United States for the 2009–10 season. 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. Final Regulations Frameworks for 2009–10 Early Hunting Seasons on Certain Migratory Game Birds Pursuant to the Migratory Bird Treaty Act and delegated authorities, the Department of the Interior approved the following frameworks, which prescribe season lengths, bag limits, shooting hours, and outside dates within which States may select hunting seasons for certain migratory game birds between September 1, 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. sroberts on DSKD5P82C1PROD with RULES 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), VerDate Nov<24>2008 23:15 Aug 24, 2009 Jkt 217001 North Dakota, Oklahoma, South Dakota, Texas, and Wyoming (east of the Continental Divide). Pacific Flyway — includes Alaska, Arizona, California, Idaho, Nevada, Oregon, Utah, Washington, and those portions of Colorado, Montana, New Mexico, and Wyoming not included in the Central Flyway. Management Units Mourning Dove Management Units: Eastern Management Unit — All States east of the Mississippi River, and Louisiana. Central Management Unit — Arkansas, Colorado, Iowa, Kansas, Minnesota, Missouri, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota, Texas, and Wyoming. Western Management Unit — Arizona, California, Idaho, Nevada, Oregon, Utah, and Washington. Woodcock Management Regions: Eastern Management Region — Connecticut, Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and West Virginia. Central Management Region — Alabama, Arkansas, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, and Wisconsin. Other geographic descriptions are contained in a later portion of this document. Definitions Dark geese: Canada geese, whitefronted geese, brant (except in Alaska, California, Oregon, Washington, and the Atlantic Flyway), and all other goose species, except light geese. Light geese: snow (including blue) geese and Ross’s geese. 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 September Teal Season Outside Dates: Between September 1 and September 30, an open season on all species of teal may be selected by the PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 43013 following States in areas delineated by State regulations: Atlantic Flyway — Delaware, Florida, Georgia, Maryland, North Carolina, South Carolina, and Virginia. Mississippi Flyway — Alabama, Arkansas, Illinois, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Ohio, and Tennessee. Central Flyway — Colorado (part), Kansas, Nebraska (part), New Mexico (part), Oklahoma, and Texas. Hunting Seasons and Daily Bag Limits: Not to exceed 16 consecutive hunting days in the Atlantic, Mississippi and Central Flyways. The daily bag limit is 4 teal. Shooting Hours: Atlantic Flyway — One-half hour before sunrise to sunset, except in Maryland, where the hours are from sunrise to sunset. Mississippi and Central Flyways — One-half hour before sunrise to sunset, except in the States of Arkansas, Illinois, Indiana, Missouri, and Ohio, where the hours are from sunrise to sunset. Special September Duck Seasons Florida, Kentucky and Tennessee: In lieu of a special September teal season, a 5-consecutive-day season may be selected in September. The daily bag limit may not exceed 4 teal and wood ducks in the aggregate, of which no more than 2 may be wood ducks. Iowa: Iowa may hold up to 5 days of its regular duck hunting season in September. All ducks that are legal during the regular duck season may be taken during the September segment of the season. The September season segment may commence no earlier than the Saturday nearest September 20 (September 19). The daily bag and possession limits will be the same as those in effect last year but are subject to change during the late-season regulations process. The remainder of the regular duck season may not begin before October 10. Special Youth Waterfowl Hunting Days Outside Dates: States may select 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, holidays, or other nonschool days when youth hunters would have the maximum opportunity to participate. The days may be held up to 14 days before or after any regular duckseason frameworks or within any split E:\FR\FM\25AUR4.SGM 25AUR4 43014 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Rules and Regulations sroberts on DSKD5P82C1PROD with RULES of a regular duck season, or within any other open season on migratory birds. Daily Bag Limits: The daily bag limits may include ducks, geese, mergansers, coots, moorhens, and gallinules and would be the same as those allowed in the regular season. Flyway species and area restrictions would remain in effect. Shooting Hours: One-half hour before sunrise to sunset. Participation Restrictions: Youth hunters must be 15 years of age or younger. In addition, an adult at least 18 years of age must accompany the youth hunter into the field. This adult may not duck hunt but may participate in other seasons that are open on the special youth day. Scoter, Eider, and Long-tailed Ducks (Atlantic Flyway) Outside Dates: Between September 15 and January 31. Hunting Seasons and Daily Bag Limits: Not to exceed 107 days, with a daily bag limit of 7, singly or in the aggregate, of the listed sea-duck species, of which no more than 4 may be scoters. Daily Bag Limits During the Regular Duck Season: Within the special sea duck areas, during the regular duck season in the Atlantic Flyway, States may choose to allow the above sea duck limits in addition to the limits applying to other ducks during the regular duck season. In all other areas, sea ducks may be taken only during the regular open season for ducks and are part of the regular duck season daily bag (not to exceed 4 scoters) and possession limits. Areas: In all coastal waters and all waters of rivers and streams seaward from the first upstream bridge in Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, and New York; in any waters of the Atlantic Ocean and in any tidal waters of any bay which are separated by at least 1 mile of open water from any shore, island, and emergent vegetation in New Jersey, South Carolina, and Georgia; and in any waters of the Atlantic Ocean and in any tidal waters of any bay which are separated by at least 800 yards of open water from any shore, island, and emergent vegetation in Delaware, Maryland, North Carolina, and Virginia; and provided that any such areas have been described, delineated, and designated as special sea-duck hunting areas under the hunting regulations adopted by the respective States. for the Eastern Unit of Maryland and Delaware. Seasons not to exceed 25 days during September 1–25 may be selected for the Montezuma Region of New York and the Lake Champlain Region of New York and Vermont. Seasons not to exceed 30 days during September 1–30 may be selected for Connecticut, Florida, Georgia, New Jersey, New York (Long Island Zone), North Carolina, Rhode Island, and South Carolina. Seasons may not exceed 25 days during September 1–25 in the remainder of the Flyway. Areas open to the hunting of Canada geese must be described, delineated, and designated as such in each State’s hunting regulations. Daily Bag Limits: Not to exceed 15 Canada geese. Experimental Seasons Canada goose seasons of up to 10 days during September 16–25 may be selected in Delaware. The daily bag limit may not exceed 15 Canada geese. Areas open to the hunting of Canada geese must be described, delineated, and designated as such in each State’s hunting regulations. Shooting Hours: One-half hour before sunrise to sunset, except that during any general season, shooting hours may extend to one-half hour after sunset if all other waterfowl seasons are closed in the specific applicable area. Mississippi Flyway General Seasons Canada goose seasons of up to 15 days during September 1–15 may be selected, except in the Upper Peninsula in Michigan, where the season may not extend beyond September 10, and in Minnesota (except in the Northwest Goose Zone), where a season of up to 22 days during September 1–22 may be selected. The daily bag limit may not exceed 5 Canada geese. Areas open to the hunting of Canada geese must be described, delineated, and designated as such in each State’s hunting regulations. A Canada goose season of up to 10 consecutive days during September 1– 10 may be selected by Michigan for Huron, Saginaw, and Tuscola Counties, except that the Shiawassee National Wildlife Refuge, Shiawassee River State Game Area Refuge, and the Fish Point Wildlife Area Refuge will remain closed. The daily bag limit may not exceed 5 Canada geese. Special Early Canada Goose Seasons Experimental Seasons Atlantic Flyway Canada goose seasons of up to 7 days during September 16–22 may be selected in the Northwest Goose Zone in Minnesota. The daily bag limit may not exceed 5 Canada geese. Areas open to General Seasons Canada goose seasons of up to 15 days during September 1–15 may be selected VerDate Nov<24>2008 23:15 Aug 24, 2009 Jkt 217001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 the hunting of Canada geese must be described, delineated, and designated as such in each State’s hunting regulations. Shooting Hours: One-half hour before sunrise to sunset, except that during September 1–15 shooting hours may extend to one-half hour after sunset if all other waterfowl seasons are closed in the specific applicable area. Central Flyway General Seasons In Kansas, Nebraska, Oklahoma, South Dakota, and Texas, Canada goose seasons of up to 30 days during September 1–30 may be selected. In Colorado, New Mexico, North Dakota, Montana, and Wyoming, Canada goose seasons of up to 15 days during September 1–15 may be selected. The daily bag limit may not exceed 5 Canada geese. Areas open to the hunting of Canada geese must be described, delineated, and designated as such in each State’s hunting regulations. Shooting Hours: One-half hour before sunrise to sunset, except that during September 1–15 shooting hours may extend to one-half hour after sunset if all other waterfowl seasons are closed in the specific applicable area. Pacific Flyway General Seasons California may select a 9–day season in Humboldt County during the period September 1–15. The daily bag limit is 2. Colorado may select a 9–day season during the period of September 1–15. The daily bag limit is 3. Oregon may select a special Canada goose season of up to 15 days during the period September 1–15. In addition, in the NW Goose Management Zone in Oregon, a 15–day season may be selected during the period September 1– 20. Daily bag limits may not exceed 5 Canada geese. Idaho may select a 7–day season during the period September 1–15. The daily bag limit is 2 and the possession limit is 4. Washington may select a special Canada goose season of up to 15 days during the period September 1–15. Daily bag limits may not exceed 5 Canada geese. Wyoming may select an 8–day season on Canada geese between September 1– 15. This season is subject to the following conditions: 1. Where applicable, the season must be concurrent with the September portion of the sandhill crane season. 2. A daily bag limit of 2, with season and possession limits of 4, will apply to the special season. E:\FR\FM\25AUR4.SGM 25AUR4 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Rules and Regulations Areas open to hunting of Canada geese in each State must be described, delineated, and designated as such in each State’s hunting regulations. Regular Goose Seasons Regular goose seasons may open as early as September 16 in Wisconsin and Michigan. Season lengths, bag and possession limits, and other provisions will be established during the lateseason regulations process. Sandhill Cranes sroberts on DSKD5P82C1PROD with RULES Regular Seasons in the Central Flyway Outside Dates: Between September 1 and February 28. Hunting Seasons: Seasons not to exceed 37 consecutive days may be selected in designated portions of North Dakota (Area 2) and Texas (Area 2). Seasons not to exceed 58 consecutive days may be selected in designated portions of the following States: Colorado, Kansas, Montana, North Dakota, South Dakota, and Wyoming. Seasons not to exceed 93 consecutive days may be selected in designated portions of the following States: New Mexico, Oklahoma, and Texas. Daily Bag Limits: 3 sandhill cranes, except 2 sandhill cranes in designated portions of North Dakota (Area 2) and Texas (Area 2). Permits: Each person participating in the regular sandhill crane season must have a valid Federal or State sandhill crane hunting permit. Special Seasons in the Central and Pacific Flyways Arizona, Colorado, Idaho, Montana, New Mexico, Utah, and Wyoming may select seasons for hunting sandhill cranes within the range of the Rocky Mountain Population (RMP) subject to the following conditions: Outside Dates: Between September 1 and January 31. Hunting Seasons: The season in any State or zone may not exceed 30 days. Bag limits: Not to exceed 3 daily and 9 per season. Permits: Participants must have a valid permit, issued by the appropriate State, in their possession while hunting. Other provisions: Numbers of permits, open areas, season dates, protection plans for other species, and other provisions of seasons must be consistent with the management plan and approved by the Central and Pacific Flyway Councils, with the following exceptions: 1. In Utah, 100 percent of the harvest will be assigned to the RMP quota; 2. In Arizona, monitoring the racial composition of the harvest must be conducted at 3–year intervals; VerDate Nov<24>2008 23:15 Aug 24, 2009 Jkt 217001 3. In Idaho, 100 percent of the harvest will be assigned to the RMP quota; and 4. In New Mexico, the season in the Estancia Valley is experimental, with a requirement to monitor the level and racial composition of the harvest; greater sandhill cranes in the harvest will be assigned to the RMP quota. Special Seasons in the Pacific Flyway Arizona may select a season for hunting sandhill cranes within the range of the Lower Colorado River Population (LCR) of sandhill cranes, subject to the following conditions: Outside Dates: Between January 1 and January 31. Hunting Seasons: The season may not exceed 3 days. Bag limits: Not to exceed 1 daily and 1 per season. Permits: Participants must have a valid permit, issued by the appropriate State, in their possession while hunting. Other provisions: The season is experimental. Numbers of permits, open areas, season dates, protection plans for other species, and other provisions of seasons must be consistent with the management plan and approved by the Pacific Flyway Council. Common Moorhens and Purple Gallinules Outside Dates: Between September 1 and the last Sunday in January (January 31) in the Atlantic, Mississippi and Central Flyways. States in the Pacific Flyway have been allowed to select their hunting seasons between the outside dates for the season on ducks; therefore, they are late-season frameworks, and no frameworks are provided in this document. Hunting Seasons and Daily Bag Limits: Seasons may not exceed 70 days in the Atlantic, Mississippi, and Central Flyways. Seasons may be split into 2 segments. The daily bag limit is 15 common moorhens and purple gallinules, singly or in the aggregate of the two species. Zoning: Seasons may be selected by zones established for duck hunting. Rails Outside Dates: States included herein may select seasons between September 1 and the last Sunday in January (January 31) on clapper, king, sora, and Virginia rails. Hunting Seasons: Seasons may not exceed 70 days, and may be split into 2 segments. Daily Bag Limits: Clapper and King Rails — In Rhode Island, Connecticut, New Jersey, Delaware, and Maryland, 10, singly or PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 43015 in the aggregate of the 2 species. In Texas, Louisiana, Mississippi, Alabama, Georgia, Florida, South Carolina, North Carolina, and Virginia, 15, singly or in the aggregate of the two species. Sora and Virginia Rails — In the Atlantic, Mississippi, and Central Flyways and the Pacific-Flyway portions of Colorado, Montana, New Mexico, and Wyoming, 25 daily and 25 in possession, singly or in the aggregate of the two species. The season is closed in the remainder of the Pacific Flyway. Common Snipe Outside Dates: Between September 1 and February 28, except in Maine, Vermont, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Delaware, Maryland, and Virginia, where the season must end no later than January 31. Hunting Seasons and Daily Bag Limits: Seasons may not exceed 107 days and may be split into two segments. The daily bag limit is 8 snipe. Zoning: Seasons may be selected by zones established for duck hunting. American Woodcock Outside Dates: States in the Eastern Management Region may select hunting seasons between October 1 and January 31. States in the Central Management Region may select hunting seasons between the Saturday nearest September 22 (September 19) and January 31. Hunting Seasons and Daily Bag Limits: Seasons may not exceed 30 days in the Eastern Region and 45 days in the Central Region. The daily bag limit is 3. Seasons may be split into two segments. Zoning: New Jersey may select seasons in each of two zones. The season in each zone may not exceed 24 days. Band-tailed Pigeons Pacific Coast States (California, Oregon, Washington, and Nevada) Outside Dates: Between September 15 and January 1. Hunting Seasons and Daily Bag Limits: Not more than 9 consecutive days, with a daily bag limit of 2 bandtailed pigeons. Zoning: California may select hunting seasons not to exceed 9 consecutive days in each of two zones. The season in the North Zone must close by October 3. Four-Corners States (Arizona, Colorado, New Mexico, and Utah) Outside Dates: Between September 1 and November 30. Hunting Seasons and Daily Bag Limits: Not more than 30 consecutive E:\FR\FM\25AUR4.SGM 25AUR4 43016 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Rules and Regulations days, with a daily bag limit of 5 bandtailed pigeons. Zoning: New Mexico may select hunting seasons not to exceed 20 consecutive days in each of two zones. The season in the South Zone may not open until October 1. Western Management Unit Hunting Seasons and Daily Bag Limits Hunting Seasons and Daily Bag Limits: Not more than 70 days, with a daily bag limit of 15 mourning and white-winged doves in the aggregate. Idaho, Oregon, and Washington — Not more than 30 consecutive days, with a daily bag limit of 10 mourning doves. Utah — Not more than 30 consecutive days, with a daily bag limit that may not exceed 10 mourning doves and whitewinged doves in the aggregate. Nevada — Not more than 30 consecutive days, with a daily bag limit of 10 mourning doves, except in Clark and Nye Counties, where the daily bag limit may not exceed 10 mourning and white-winged doves in the aggregate. Arizona and California — Not more than 60 days, which may be split between two periods, September 1–15 and November 1–January 15. In Arizona, during the first segment of the season, the daily bag limit is 10 mourning and white-winged doves in the aggregate, of which no more than 6 may be white-winged doves. During the remainder of the season, the daily bag limit is 10 mourning doves. In California, the daily bag limit is 10 mourning doves, except in Imperial, Riverside, and San Bernardino Counties, where the daily bag limit may not exceed 10 mourning and white-winged doves in the aggregate. Zoning and Split Seasons White-winged and White-tipped Doves States may select hunting seasons in each of two zones. The season within each zone may be split into not more than three periods. Texas may select hunting seasons for each of three zones subject to the following conditions: A. The hunting season may be split into not more than two periods, except in that portion of Texas in which the special white-winged dove season is allowed, where a limited mourning dove season may be held concurrently with that special season (see whitewinged dove frameworks). B. A season may be selected for the North and Central Zones between September 1 and January 25; and for the South Zone between the Friday nearest September 20 (September 18), but not earlier than September 17, and January 25. C. Daily bag limits are aggregate bag limits with mourning, white-winged, and white-tipped doves (see whitewinged dove frameworks for specific daily bag limit restrictions). D. Except as noted above, regulations for bag and possession limits, season length, and shooting hours must be uniform within each hunting zone. Hunting Seasons and Daily Bag Limits: Mourning Doves Outside Dates: Between September 1 and January 15, except as otherwise provided, States may select hunting seasons and daily bag limits as follows: Eastern Management Unit Hunting Seasons and Daily Bag Limits: Not more than 70 days, with a daily bag limit of 15 mourning and white-winged doves in the aggregate. Zoning and Split Seasons: States may select hunting seasons in each of two zones. The season within each zone may be split into not more than three periods. Regulations for bag and possession limits, season length, and shooting hours must be uniform within specific hunting zones. sroberts on DSKD5P82C1PROD with RULES Central Management Unit VerDate Nov<24>2008 23:15 Aug 24, 2009 Jkt 217001 Except as shown below, seasons must be concurrent with mourning dove seasons. Eastern Management Unit: The daily bag limit may not exceed 15 mourning and white-winged doves in the aggregate. Central Management Unit In Texas, the daily bag limit may not exceed 15 mourning, white-winged, and white-tipped doves in the aggregate, of which no more than 2 may be whitetipped doves. In addition, Texas also may select a hunting season of not more than 4 days for the special white-winged dove area of the South Zone between September 1 and September 19. The daily bag limit may not exceed 15 white-winged, mourning, and whitetipped doves in the aggregate, of which no more than 4 may be mourning doves and 2 may be white-tipped doves. In the remainder of the Central Management Unit, the daily bag limit may not exceed 15 mourning and whitewinged doves in the aggregate. Western Management Unit Arizona may select a hunting season of not more than 30 consecutive days, running concurrently with the first PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 segment of the mourning dove season. The daily bag limit may not exceed 10 mourning and white-winged doves in the aggregate, of which no more than 6 may be white-winged doves. In Utah, the Nevada Counties of Clark and Nye, and in the California Counties of Imperial, Riverside, and San Bernardino, the daily bag limit may not exceed 10 mourning and white-winged doves in the aggregate. In the remainder of the Western Management Unit, the season is closed. Alaska Outside Dates: Between September 1 and January 26. Hunting Seasons: Alaska may select 107 consecutive days for waterfowl, sandhill cranes, and common snipe in each of 5 zones. The season may be split without penalty in the Kodiak Zone. The seasons in each zone must be concurrent. Closures: The hunting season is closed on emperor geese, spectacled eiders, and Steller’s eiders. Daily Bag and Possession Limits Ducks — Except as noted, a basic daily bag limit of 7 and a possession limit of 21 ducks. Daily bag and possession limits in the North Zone are 10 and 30, and in the Gulf Coast Zone, they are 8 and 24. The basic limits may include no more than 1 canvasback daily and 3 in possession and may not include sea ducks. In addition to the basic duck limits, Alaska may select sea duck limits of 10 daily, 20 in possession, singly or in the aggregate, including no more than 6 each of either harlequin or long-tailed ducks. Sea ducks include scoters, common and king eiders, harlequin ducks, long-tailed ducks, and common and red-breasted mergansers. Light Geese — A basic daily bag limit of 4 and a possession limit of 8. Dark Geese — A basic daily bag limit of 4 and a possession limit of 8. Dark-goose seasons are subject to the following exceptions: 1. In Units 5 and 6, the taking of Canada geese is permitted from September 28 through December 16. 2. On Middleton Island in Unit 6, a special, permit-only Canada goose season may be offered. A mandatory goose identification class is required. Hunters must check in and check out. The bag limit is 1 daily and 1 in possession. The season will close if incidental harvest includes 5 dusky Canada geese. A dusky Canada goose is any dark-breasted Canada goose (Munsell 10 YR color value five or less) with a bill length between 40 and 50 millimeters. E:\FR\FM\25AUR4.SGM 25AUR4 sroberts on DSKD5P82C1PROD with RULES Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Rules and Regulations 3. In Units 6-B, 6-C and on Hinchinbrook and Hawkins Islands in Unit 6-D, a special, permit-only Canada goose season may be offered. Hunters must have all harvested geese checked and classified to subspecies. The daily bag limit is 4 daily and 8 in possession. The Canada goose season will close in all of the permit areas if the total dusky goose (as defined above) harvest reaches 40. 4. In Units 9, 10, 17, and 18, dark goose limits are 6 per day, 12 in possession; however, no more than 2 may be Canada geese in Units 9(E) and 18; and no more than 4 may be Canada geese in Units 9(A-C), 10 (Unimak Island portion), and 17. Brant — A daily bag limit of 2 and a possession limit of 4. Common snipe — A daily bag limit of 8. Sandhill cranes — Bag and possession limits of 2 and 4, respectively, in the Southeast, Gulf Coast, Kodiak, and Aleutian Zones, and Unit 17 in the Northern Zone. In the remainder of the Northern Zone (outside Unit 17), bag and possession limits of 3 and 6, respectively. Tundra Swans — Open seasons for tundra swans may be selected subject to the following conditions: 1. All seasons are by registration permit only. 2. All season framework dates are September 1 – October 31. 3. In Game Management Unit (GMU) 17, no more than 200 permits may be issued during this operational season. No more than 3 tundra swans may be authorized per permit, with no more than 1 permit issued per hunter per season. 4. In Game Management Unit (GMU) 18, no more than 500 permits may be issued during the operational season. Up to 3 tundra swans may be authorized per permit. No more than 1 permit may be issued per hunter per season. 5. In GMU 22, no more than 300 permits may be issued during the operational season. Each permittee may be authorized to take up to 3 tundra swans per permit. No more than 1 permit may be issued per hunter per season. 6. In GMU 23, no more than 300 permits may be issued during the operational season. No more than 3 tundra swans may be authorized per permit, with no more than 1 permit issued per hunter per season. Hunting Seasons: Not more than 65 days (75 under the alternative) for mourning doves. Bag Limits: Not to exceed 15 (12 under the alternative) mourning doves. Note: Mourning doves may be taken in Hawaii in accordance with shooting hours and other regulations set by the State of Hawaii, and subject to the applicable provisions of 50 CFR part 20. Hawaii Outside Dates: Between September 1 and January 15. Hunting Seasons: Not more than 60 days for Zenaida doves. Outside Dates: Between October 1 and January 31. VerDate Nov<24>2008 23:15 Aug 24, 2009 Jkt 217001 Puerto Rico Doves and Pigeons Outside Dates: Between September 1 and January 15. Hunting Seasons: Not more than 60 days. Daily Bag and Possession Limits: Not to exceed 20 Zenaida, mourning, and white-winged doves in the aggregate, of which not more than 10 may be Zenaida doves and 3 may be mourning doves. Not to exceed 5 scaly-naped pigeons. Closed Seasons: The season is closed on the white-crowned pigeon and the plain pigeon, which are protected by the Commonwealth of Puerto Rico. Closed Areas: There is no open season on doves or pigeons in the following areas: Municipality of Culebra, Desecheo Island, Mona Island, El Verde Closure Area, and Cidra Municipality and adjacent areas. Ducks, Coots, Moorhens, Gallinules, and Snipe Outside Dates: Between October 1 and January 31. Hunting Seasons: Not more than 55 days may be selected for hunting ducks, common moorhens, and common snipe. The season may be split into two segments. Daily Bag Limits: Ducks — Not to exceed 6. Common moorhens — Not to exceed 6. Common snipe — Not to exceed 8. Closed Seasons: The season is closed on the ruddy duck, white-cheeked pintail, West Indian whistling duck, fulvous whistling duck, and masked duck, which are protected by the Commonwealth of Puerto Rico. The season also is closed on the purple gallinule, American coot, and Caribbean coot. Closed Areas: There is no open season on ducks, common moorhens, and common snipe in the Municipality of Culebra and on Desecheo Island. Virgin Islands Doves and Pigeons PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 43017 Daily Bag and Possession Limits: Not to exceed 10 Zenaida doves. Closed Seasons: No open season is prescribed for ground or quail doves, or pigeons in the Virgin Islands. Closed Areas: There is no open season for migratory game birds on Ruth Cay (just south of St. Croix). Local Names for Certain Birds: Zenaida dove, also known as mountain dove; bridled quail-dove, also known as Barbary dove or partridge; Common ground-dove, also known as stone dove, tobacco dove, rola, or tortolita; scalynaped pigeon, also known as red-necked or scaled pigeon. Ducks Outside Dates: Between December 1 and January 31. Hunting Seasons: Not more than 55 consecutive days. Daily Bag Limits: Not to exceed 6. Closed Seasons: The season is closed on the ruddy duck, white-cheeked pintail, West Indian whistling duck, fulvous whistling duck, and masked duck. Special Falconry Regulations Falconry is a permitted means of taking migratory game birds in any State meeting Federal falconry standards in 50 CFR 21.29. These States may select an extended season for taking migratory game birds in accordance with the following: Extended Seasons: For all hunting methods combined, the combined length of the extended season, regular season, and any special or experimental seasons must not exceed 107 days for any species or group of species in a geographical area. Each extended season may be divided into a maximum of 3 segments. Framework Dates: Seasons must fall between September 1 and March 10. Daily Bag and Possession Limits: Falconry daily bag and possession limits for all permitted migratory game birds must not exceed 3 and 6 birds, respectively, singly or in the aggregate, during extended falconry seasons, any special or experimental seasons, and regular hunting seasons in all States, including those that do not select an extended falconry season. Regular Seasons: General hunting regulations, including seasons and hunting hours, apply to falconry in each State listed in 50 CFR 21.29. Regularseason bag and possession limits do not apply to falconry. The falconry bag limit is not in addition to gun limits. E:\FR\FM\25AUR4.SGM 25AUR4 43018 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Rules and Regulations North Zone — That portion of the State north of a line extending east from the Texas border along State Highway 12 to U.S. Highway 190, east along U.S. 190 to Interstate Highway 12, east along Interstate 12 to Interstate Highway 10, then east along Interstate Highway 10 to the Mississippi border. South Zone — The remainder of the State. International Bridge south of Fort Hancock; north along FM 1088 to TX 20; west along TX 20 to TX 148; north along TX 148 to I-10 at Fort Hancock; east along I-10 to I-20; northeast along I-20 to I-30 at Fort Worth; northeast along I30 to the Texas–Arkansas State line. South Zone — That portion of the State south and west of a line beginning at the International Bridge south of Del Rio, proceeding east on U.S. 90 to State Loop 1604 west of San Antonio; then south, east, and north along Loop 1604 to Interstate Highway 10 east of San Antonio; then east on I-10 to Orange, Texas. Special White-winged Dove Area in the South Zone — That portion of the State south and west of a line beginning at the International Bridge south of Del Rio, proceeding east on U.S. 90 to State Loop 1604 west of San Antonio, southeast on State Loop 1604 to Interstate Highway 35, southwest on Interstate Highway 35 to TX 44; east along TX 44 to TX 16 at Freer; south along TX 16 to FM 649 in Randado; south on FM 649 to FM 2686; east on FM 2686 to FM 1017; southeast on FM 1017 to TX 186 at Linn; east along TX 186 to the Mansfield Channel at Port Mansfield; east along the Mansfield Channel to the Gulf of Mexico. Area with additional restrictions — Cameron, Hidalgo, Starr, and Willacy Counties. Central Zone — That portion of the State lying between the North and South Zones. Mississippi Band-tailed Pigeons North Zone — That portion of the State north and west of a line extending west from the Alabama State line along U.S. Highway 84 to its junction with State Highway 35, then south along State Highway 35 to the Louisiana State line. South Zone — The remainder of Mississippi. California North Zone — Alpine, Butte, Del Norte, Glenn, Humboldt, Lassen, Mendocino, Modoc, Plumas, Shasta, Sierra, Siskiyou, Tehama, and Trinity Counties. South Zone — The remainder of the State. Area, Unit, and Zone Descriptions Mourning and White-winged Doves Alabama South Zone — Baldwin, Barbour, Coffee, Covington, Dale, Escambia, Geneva, Henry, Houston, and Mobile Counties. North Zone — Remainder of the State. California White-winged Dove Open Areas — Imperial, Riverside, and San Bernardino Counties. Florida Northwest Zone — The Counties of Bay, Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Liberty, Okaloosa, Santa Rosa, Walton, Washington, Leon (except that portion north of U.S. 27 and east of State Road 155), Jefferson (south of U.S. 27, west of State Road 59 and north of U.S. 98), and Wakulla (except that portion south of U.S. 98 and east of the St. Marks River). South Zone — Remainder of State. Louisiana Nevada White-winged Dove Open Areas — Clark and Nye Counties. sroberts on DSKD5P82C1PROD with RULES Oklahoma North Zone – That portion of the State north of a line extending east from the Texas border along U.S. Highway 62 to Interstate 44, east along Oklahoma State Highway 7 to U.S. Highway 81, then south along U.S. Highway 81 to the Texas border at the Red River. Southwest Zone – The remainder of Oklahoma. Texas North Zone — That portion of the State north of a line beginning at the VerDate Nov<24>2008 23:15 Aug 24, 2009 Jkt 217001 New Mexico North Zone — North of a line following U.S. 60 from the Arizona State line east to I-25 at Socorro and then south along I-25 from Socorro to the Texas State line. South Zone — Remainder of the State. Washington Western Washington — The State of Washington excluding those portions lying east of the Pacific Crest Trail and east of the Big White Salmon River in Klickitat County. Woodcock New Jersey North Zone — That portion of the State north of NJ 70. PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 South Zone — The remainder of the State. Special September Canada Goose Seasons Atlantic Flyway Connecticut North Zone — That portion of the State north of I-95. South Zone — Remainder of the State. Maryland Eastern Unit — Calvert, Caroline, Cecil, Dorchester, Harford, Kent, Queen Anne’s, St. Mary’s, Somerset, Talbot, Wicomico, and Worcester Counties; and that part of Anne Arundel County east of Interstate 895, Interstate 97 and Route 3; that part of Prince George’s County east of Route 3 and Route 301; and that part of Charles County east of Route 301 to the Virginia State line. Western Unit — Allegany, Baltimore, Carroll, Frederick, Garrett, Howard, Montgomery, and Washington Counties and that part of Anne Arundel County west of Interstate 895, Interstate 97 and Route 3; that part of Prince George’s County west of Route 3 and Route 301; and that part of Charles County west of Route 301 to the Virginia State line. Massachusetts Western Zone — That portion of the State west of a line extending south from the Vermont border on I-91 to MA 9, west on MA 9 to MA 10, south on MA 10 to U.S. 202, south on U.S. 202 to the Connecticut border. Central Zone — That portion of the State east of the Berkshire Zone and west of a line extending south from the New Hampshire border on I-95 to U.S. 1, south on U.S. 1 to I-93, south on I93 to MA 3, south on MA 3 to U.S. 6, west on U.S. 6 to MA 28, west on MA 28 to I-195, west to the Rhode Island border; except the waters, and the lands 150 yards inland from the high-water mark, of the Assonet River upstream to the MA 24 bridge, and the Taunton River upstream to the Center St.–Elm St. bridge will be in the Coastal Zone. Coastal Zone — That portion of Massachusetts east and south of the Central Zone. New York Lake Champlain Zone — The U.S. portion of Lake Champlain and that area east and north of a line extending along NY 9B from the Canadian border to U.S. 9, south along U.S. 9 to NY 22 south of Keesville; south along NY 22 to the west shore of South Bay, along and around the shoreline of South Bay to NY 22 on the east shore of South Bay; southeast E:\FR\FM\25AUR4.SGM 25AUR4 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Rules and Regulations along NY 22 to U.S. 4, northeast along U.S. 4 to the Vermont border. Long Island Zone — That area consisting of Nassau County, Suffolk County, that area of Westchester County southeast of I-95, and their tidal waters. Western Zone — That area west of a line extending from Lake Ontario east along the north shore of the Salmon River to I-81, and south along I-81 to the Pennsylvania border. Northeastern Zone — That area north of a line extending from Lake Ontario east along the north shore of the Salmon River to I-81, south along I-81 to NY 49, east along NY 49 to NY 365, east along NY 365 to NY 28, east along NY 28 to NY 29, east along NY 29 to I-87, north along I-87 to U.S. 9 (at Exit 20), north along U.S. 9 to NY 149, east along NY 149 to U.S. 4, north along U.S. 4 to the Vermont border, exclusive of the Lake Champlain Zone. Southeastern Zone — The remaining portion of New York. North Carolina Northeast Hunt Unit — Camden, Chowan, Currituck, Dare, Hyde, Pasquotank, Perquimans, Tyrrell, and Washington Counties; that portion of Bertie County north and east of a line formed by NC 45 at the Washington County line to US 17 in Midway, US 17 in Midway to US 13 in Windsor to the Hertford County line; and that portion of Northampton County that is north of US 158 and east of NC 35. Pennsylvania 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). sroberts on DSKD5P82C1PROD with RULES Vermont Lake Champlain Zone: The U.S. portion of Lake Champlain and that area north and west of the line extending from the New York border along U.S. 4 to VT 22A at Fair Haven; VT 22A to U.S. 7 at Vergennes; U.S. 7 to the Canadian border. Interior Zone: That portion of Vermont west of the Lake Champlain Zone and eastward of a line extending from the Massachusetts border at Interstate 91; north along Interstate 91 to 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. VerDate Nov<24>2008 23:15 Aug 24, 2009 Jkt 217001 Mississippi Flyway Arkansas Early Canada Goose Area: Baxter, Benton, Boone, Carroll, Clark, Conway, Crawford, Faulkner, Franklin, Garland, Hempstead, Hot Springs, Howard, Johnson, Lafayette, Little River, Logan, Madison, Marion, Miller, Montgomery, Newton, Perry, Pike, Polk, Pope, Pulaski, Saline, Searcy, Sebastian, Sevier, Scott, Van Buren, Washington, and Yell Counties. Illinois Northeast Canada Goose Zone — Cook, Du Page, Grundy, Kane, Kankakee, Kendall, Lake, McHenry, and Will Counties. North Zone: That portion of the State outside the Northeast Canada Goose Zone and north of a line extending west from the Indiana border along PeotoneBeecher Road to Illinois Route 50, south along Illinois Route 50 to WilmingtonPeotone Road, west along WilmingtonPeotone Road to Illinois Route 53, north along Illinois Route 53 to New River Road, northwest along New River Road to Interstate Highway 55, south along I55 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 outside the Northeast Canada Goose Zone and 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. Iowa North Zone: That portion of the State north of U.S. Highway 20. South Zone: The remainder of Iowa. Cedar Rapids/Iowa City Goose Zone: Includes portions of Linn and Johnson Counties bounded as follows: Beginning PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 43019 at the intersection of the west border of Linn County and Linn County Road E2W; then south and east along County Road E2W to Highway 920; then north along Highway 920 to County Road E16; then east along County Road E16 to County Road W58; then south along County Road W58 to County Road E34; then east along County Road E34 to Highway 13; then south along Highway 13 to Highway 30; then east along Highway 30 to Highway 1; then south along Highway 1 to Morse Road in Johnson County; then east along Morse Road to Wapsi Avenue; then south along Wapsi Avenue to Lower West Branch Road; then west along Lower West Branch Road to Taft Avenue; then south along Taft Avenue to County Road F62; then west along County Road F62 to Kansas Avenue; then north along Kansas Avenue to Black Diamond Road; then west on Black Diamond Road to Jasper Avenue; then north along Jasper Avenue to Rohert Road; then west along Rohert Road to Ivy Avenue; then north along Ivy Avenue to 340th Street; then west along 340th Street to Half Moon Avenue; then north along Half Moon Avenue to Highway 6; then west along Highway 6 to Echo Avenue; then north along Echo Avenue to 250th Street; then east on 250th Street to Green Castle Avenue; then north along Green Castle Avenue to County Road F12; then west along County Road F12 to County Road W30; then north along County Road W30 to Highway 151; then north along the Linn–Benton County line to the point of beginning. Des Moines Goose Zone: Includes those portions of Polk, Warren, Madison and Dallas Counties bounded as follows: Beginning at the intersection of Northwest 158th Avenue and County Road R38 in Polk County; then south along R38 to Northwest 142nd Avenue; then east along Northwest 142nd Avenue to Northeast 126th Avenue; then east along Northeast 126th Avenue to Northeast 46th Street; then south along Northeast 46th Street to Highway 931; then east along Highway 931 to Northeast 80th Street; then south along Northeast 80th Street to Southeast 6th Avenue; then west along Southeast 6th Avenue to Highway 65; then south and west along Highway 65 to Highway 69 in Warren County; then south along Highway 69 to County Road G24; then west along County Road G24 to Highway 28; then southwest along Highway 28 to 43rd Avenue; then north along 43rd Avenue to Ford Street; then west along Ford Street to Filmore Street; then west along Filmore Street to 10th Avenue; then south along 10th Avenue to 155th Street in Madison County; then E:\FR\FM\25AUR4.SGM 25AUR4 43020 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Rules and Regulations sroberts on DSKD5P82C1PROD with RULES west along 155th Street to Cumming Road; then north along Cumming Road to Badger Creek Avenue; then north along Badger Creek Avenue to County Road F90 in Dallas County; then east along County Road F90 to County Road R22; then north along County Road R22 to Highway 44; then east along Highway 44 to County Road R30; then north along County Road R30 to County Road F31; then east along County Road F31 to Highway 17; then north along Highway 17 to Highway 415 in Polk County; then east along Highway 415 to Northwest 158th Avenue; then east along Northwest 158th Avenue to the point of beginning. Cedar Falls/Waterloo Goose Zone: Includes those portions of Black Hawk County bounded as follows: Beginning at the intersection of County Roads C66 and V49 in Black Hawk County, then south along County Road V49 to County Road D38, then west along County Road D38 to State Highway 21, then south along State Highway 21 to County Road D35, then west along County Road D35 to Grundy Road, then north along Grundy Road to County Road D19, then west along County Road D19 to Butler Road, then north along Butler Road to County Road C57, then north and east along County Road C57 to U.S. Highway 63, then south along U.S. Highway 63 to County Road C66, then east along County Road C66 to the point of beginning. Minnesota Twin Cities Metropolitan Canada Goose Zone — A. All of Hennepin and Ramsey Counties. B. In Anoka County, all of Columbus Township lying south of County State Aid Highway (CSAH) 18, Anoka County; all of the cities of Ramsey, Andover, Anoka, Coon Rapids, Spring Lake Park, Fridley, Hilltop, Columbia Heights, Blaine, Lexington, Circle Pines, Lino Lakes, and Centerville; and all of the city of Ham Lake except that portion lying north of CSAH 18 and east of U.S. Highway 65. C. That part of Carver County lying north and east of the following described line: Beginning at the northeast corner of San Francisco Township; then west along the north boundary of San Francisco Township to the east boundary of Dahlgren Township; then north along the east boundary of Dahlgren Township to U.S. Highway 212; then west along U.S. Highway 212 to State Trunk Highway (STH) 284; then north on STH 284 to County State Aid Highway (CSAH) 10; then north and west on CSAH 10 to CSAH 30; then north and west on CSAH VerDate Nov<24>2008 23:15 Aug 24, 2009 Jkt 217001 30 to STH 25; then east and north on STH 25 to CSAH 10; then north on CSAH 10 to the Carver County line. D. In Scott County, all of the cities of Shakopee, Savage, Prior Lake, and Jordan, and all of the Townships of Jackson, Louisville, St. Lawrence, Sand Creek, Spring Lake, and Credit River. E. In Dakota County, all of the cities of Burnsville, Eagan, Mendota Heights, Mendota, Sunfish Lake, Inver Grove Heights, Apple Valley, Lakeville, Rosemount, Farmington, Hastings, Lilydale, West St. Paul, and South St. Paul, and all of the Township of Nininger. F. That portion of Washington County lying south of the following described line: Beginning at County State Aid Highway (CSAH) 2 on the west boundary of the county; then east on CSAH 2 to U.S. Highway 61; then south on U.S. Highway 61 to State Trunk Highway (STH) 97; then east on STH 97 to the intersection of STH 97 and STH 95; then due east to the east boundary of the State. Northwest Goose Zone — That portion of the State encompassed by a line extending east from the North Dakota border along U.S. Highway 2 to State Trunk Highway (STH) 32, north along STH 32 to STH 92, east along STH 92 to County State Aid Highway (CSAH) 2 in Polk County, north along CSAH 2 to CSAH 27 in Pennington County, north along CSAH 27 to STH 1, east along STH 1 to CSAH 28 in Pennington County, north along CSAH 28 to CSAH 54 in Marshall County, north along CSAH 54 to CSAH 9 in Roseau County, north along CSAH 9 to STH 11, west along STH 11 to STH 310, and north along STH 310 to the Manitoba border. Southeast Goose Zone — That part of the State within the following described boundaries: beginning at the intersection of U.S. Highway 52 and the south boundary of the Twin Cities Metro Canada Goose Zone; then along the U.S. Highway 52 to State Trunk Highway (STH) 57; then along STH 57 to the municipal boundary of Kasson; then along the municipal boundary of Kasson County State Aid Highway (CSAH) 13, Dodge County; then along CSAH 13 to STH 30; then along STH 30 to U.S. Highway 63; then along U.S. Highway 63 to the south boundary of the State; then along the south and east boundaries of the State to the south boundary of the Twin Cities Metro Canada Goose Zone; then along said boundary to the point of beginning. Five Goose Zone — That portion of the State not included in the Twin Cities Metropolitan Canada Goose Zone, the Northwest Goose Zone, or the Southeast Goose Zone. PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 West Zone — That portion of the State encompassed by a line beginning at the junction of State Trunk Highway (STH) 60 and the Iowa border, then north and east along STH 60 to U.S. Highway 71, north along U.S. 71 to I-94, then north and west along I-94 to the North Dakota border. Tennessee Middle Tennessee Zone — Those portions of Houston, Humphreys, Montgomery, Perry, and Wayne Counties east of State Highway 13; and Bedford, Cannon, Cheatham, Coffee, Davidson, Dickson, Franklin, Giles, Hickman, Lawrence, Lewis, Lincoln, Macon, Marshall, Maury, Moore, Robertson, Rutherford, Smith, Sumner, Trousdale, Williamson, and Wilson Counties. East Tennessee Zone — Anderson, Bledsoe, Bradley, Blount, Campbell, Carter, Claiborne, Clay, Cocke, Cumberland, DeKalb, Fentress, Grainger, Greene, Grundy, Hamblen, Hamilton, Hancock, Hawkins, Jackson, Jefferson, Johnson, Knox, Loudon, Marion, McMinn, Meigs, Monroe, Morgan, Overton, Pickett, Polk, Putnam, Rhea, Roane, Scott, Sequatchie, Sevier, Sullivan, Unicoi, Union, Van Buren, Warren, Washington, and White Counties. Wisconsin Early-Season Subzone A — That portion of the State encompassed by a line beginning at the intersection of U.S. Highway 141 and the Michigan border near Niagara, then south along U.S. 141 to State Highway 22, west and southwest along State 22 to U.S. 45, south along U.S. 45 to State 22, west and south along State 22 to State 110, south along State 110 to U.S. 10, south along U.S. 10 to State 49, south along State 49 to State 23, west along State 23 to State 73, south along State 73 to State 60, west along State 60 to State 23, south along State 23 to State 11, east along State 11 to State 78, then south along State 78 to the Illinois border. Early-Season Subzone B — The remainder of the State. Central Flyway Nebraska September Canada Goose Unit – That part of Nebraska bounded by a line from the Nebraska–Iowa State line west on U.S. Highway 30 to US Highway 81, then south on US Highway 81 to NE Highway 64, then east on NE Highway 64 to NE Highway 15, then south on NE Highway 15 to NE Highway 41, then east on NE Highway 41 to NE Highway 50, then north on NE Highway 50 to NE E:\FR\FM\25AUR4.SGM 25AUR4 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Rules and Regulations Highway 2, then east on NE Highway 2 to the Nebraska–Iowa State line. 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; then north on ND Hwy 6 to I-94; then west on I-94 to ND Hwy 49; then north on ND Hwy 49 to ND Hwy 200; then north on Mercer County Rd. 21 to the section line between sections 8 and 9 (T146NR87W); then north on that section line to the southern shoreline to Lake Sakakawea; then east along the southern shoreline (including Mallard Island) of Lake Sakakawea to US Hwy 83; then south on US Hwy 83 to ND Hwy 200; then east on ND Hwy 200 to ND Hwy 41; then south on ND Hwy 41 to US Hwy 83; then south on US Hwy 83 to I-94; then east on I-94 to US Hwy 83; then south on US Hwy 83 to the South Dakota border; then west along the South Dakota border to ND Hwy 6. Rest of State: Remainder of North Dakota. South Dakota Special Early Canada Goose Unit: Entire state of South Dakota except the Counties of Bennett, Bon Home, Brule, Buffalo, Charles Mix, Custer east of SD Highway 79 and south of French Creek, Dewey south of 212, Fall River east of SD Highway 71 and US Highway 385, Gregory, Hughes, Hyde south of US Highway 14, Lyman, Perkins, Potter west of US Highway 83, Stanley, and Sully. Pacific Flyway Idaho East Zone — Bonneville, Caribou, Fremont, and Teton Counties. sroberts on DSKD5P82C1PROD with RULES Oregon Northwest Zone — Benton, Clackamas, Clatsop, Columbia, Lane, Lincoln, Linn, Marion, Polk, Multnomah, Tillamook, Washington, and Yamhill Counties. Southwest Zone — Coos, Curry, Douglas, Jackson, Josephine, and Klamath Counties. East Zone — Baker, Gilliam, Malheur, Morrow, Sherman, Umatilla, Union, and Wasco Counties. Washington Area 1 — Skagit, Island, and Snohomish Counties. Area 2A (SW Quota Zone) — Clark County, except portions south of the Washougal River; Cowlitz County; and Wahkiakum County. Area 2B (SW Quota Zone) — Pacific County. VerDate Nov<24>2008 23:15 Aug 24, 2009 Jkt 217001 Area 3 — All areas west of the Pacific Crest Trail and west of the Big White Salmon River that are not included in Areas 1, 2A, and 2B. Area 4 — Adams, Benton, Chelan, Douglas, Franklin, Grant, Kittitas, Lincoln, Okanogan, Spokane, and Walla Walla Counties. Area 5 — All areas east of the Pacific Crest Trail and east of the Big White Salmon River that are not included in Area 4. Ducks Atlantic Flyway New York Lake Champlain Zone: The U.S. portion of Lake Champlain and that area east and north of a line extending along NY 9B from the Canadian border to U.S. 9, south along U.S. 9 to NY 22 south of Keesville; south along NY 22 to the west shore of South Bay, along and around the shoreline of South Bay to NY 22 on the east shore of South Bay; southeast along NY 22 to U.S. 4, northeast along U.S. 4 to the Vermont border. Long Island Zone: That area consisting of Nassau County, Suffolk County, that area of Westchester County southeast of I-95, and their tidal waters. Western Zone: That area west of a line extending from Lake Ontario east along the north shore of the Salmon River to I-81, and south along I-81 to the Pennsylvania border. Northeastern Zone: That area north of a line extending from Lake Ontario east along the north shore of the Salmon River to I-81, south along I-81 to NY 49, east along NY 49 to NY 365, east along NY 365 to NY 28, east along NY 28 to NY 29, east along NY 29 to I-87, north along I-87 to U.S. 9 (at Exit 20), north along U.S. 9 to NY 149, east along NY 149 to U.S. 4, north along U.S. 4 to the Vermont border, exclusive of the Lake Champlain Zone. Southeastern Zone: The remaining portion of New York. Maryland Special Teal Season Area: Calvert, Caroline, Dorchester, Kent, Queen Anne’s, St. Mary’s, Somerset, Talbot, Wicomico, and Worcester Counties and those parts of Cecil. Harford, and Baltimore Counties east of Interstate 95; that part of Anne Arundel County east of Interstate 895, Interstate 97, and Route 3; that part of Prince Georges County east of Route 3 and route 301; and that part of Charles County east of Route 301 to the Virginia State Line. PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 43021 Mississippi Flyway Indiana North Zone: That portion of the State north of a line extending east from the Illinois border along State Road 18 to U.S. Highway 31, north along U.S. 31 to U.S. 24, east along U.S. 24 to Huntington, then southeast along U.S. 224 to the Ohio border. Ohio River Zone: That portion of the State south of a line extending east from the Illinois border along Interstate Highway 64 to New Albany, east along State Road 62 to State 56, east along State 56 to Vevay, east and north on State 156 along the Ohio River to North Landing, north along State 56 to U.S. Highway 50, then northeast along U.S. 50 to the Ohio border. South Zone: That portion of the State between the North and Ohio River Zone boundaries. Iowa North Zone: That portion of the State north of a line extending east from the Nebraska border along State Highway 175 to State 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. Central Flyway Colorado Special Teal Season Area: Lake and Chaffee Counties and that portion of the State east of Interstate Highway 25. Kansas High Plains Zone: That portion of the State west of U.S. 283. Low Plains Early Zone: That area of Kansas east of U.S. 283, and generally west of a line beginning at the Junction of the Nebraska State line and KS 28; south on KS 28 to U.S. 36; east on U.S. 36 to KS 199; south on KS 199 to Republic Co. Road 563; south on Republic Co. Road 563 to KS 148; east on KS 148 to Republic Co. Road 138; south on Republic Co. Road 138 to Cloud Co. Road 765; south on Cloud Co. Road 765 to KS 9; west on KS 9 to U.S. 24; west on U.S. 24 to U.S. 281; north on U.S. 281 to U.S. 36; west on U.S. 36 to U.S. 183; south on U.S. 183 to U.S. 24; west on U.S. 24 to KS 18; southeast on KS 18 to U.S. 183; south on U.S. 183 to KS 4; east on KS 4 to I–135; south on I–135 to KS 61; southwest on KS 61 to KS 96; northwest on KS 96 to U.S. 56; west on U.S. 56 to U.S. 281; south on U.S. 281 to U.S. 54; west on U.S. 54 to E:\FR\FM\25AUR4.SGM 25AUR4 43022 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Rules and Regulations U.S. 183; north on U.S. 183 to U.S. 56; and southwest on U.S. 56 to U.S. 283. Low Plains Late Zone: The remainder of Kansas. Nebraska Special Teal Season Area: That portion of the State south of a line beginning at the Wyoming State line; east along U.S. 26 to Nebraska Highway L62A east to U.S. 385; south to U.S. 26; east to NE 92; east along NE 92 to NE 61; south along NE 61 to U.S. 30; east along U.S. 30 to the Iowa border. New Mexico (Central Flyway Portion) North Zone: That portion of the State north of I-40 and U.S. 54. South Zone: The remainder of New Mexico. Pacific Flyway sroberts on DSKD5P82C1PROD with RULES 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 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 border south along U.S. 95 to Vidal Junction; south on a road known as Aqueduct Road’’ in San Bernardino County through the town of Rice to the San Bernardino– Riverside County line; south on a road known in Riverside County as the Desert Center to Rice Road’’ to the town of Desert Center; east 31 miles on I-10 VerDate Nov<24>2008 23:15 Aug 24, 2009 Jkt 217001 to the Wiley Well Road; south on this road to Wiley Well; southeast along the Army-Milpitas Road to the Blythe, Brawley, Davis Lake intersections; south on the Blythe-Brawley paved road to the Ogilby and Tumco Mine Road; south on this road to U.S. 80; east 7 miles on U.S. 80 to the Andrade-Algodones Road; south on this paved road to the Mexican border at Algodones, Mexico. Southern Zone: That portion of southern California (but excluding the Colorado River Zone) south and east of a line extending from the Pacific Ocean east along the Santa Maria River to CA 166 near the City of Santa Maria; east on CA 166 to CA 99; south on CA 99 to the crest of the Tehachapi Mountains at Tejon Pass; east and north along the crest of the Tehachapi Mountains to CA 178 at Walker Pass; east on CA 178 to U.S. 395 at the town of Inyokern; south on U.S. 395 to CA 58; east on CA 58 to I-15; east on I-15 to CA 127; north on CA 127 to the Nevada border. Southern San Joaquin Valley Temporary Zone: All of Kings and Tulare Counties and that portion of Kern County north of the Southern Zone. Balance-of-the-State Zone: The remainder of California not included in the Northeastern, Southern, and Colorado River Zones, and the Southern San Joaquin Valley Temporary Zone. Canada Geese Michigan MVP—Upper Peninsula Zone: The MVP—Upper Peninsula Zone consists of the entire Upper Peninsula of Michigan. MVP—Lower Peninsula Zone: The MVP—Lower Peninsula Zone consists of the area within the Lower Peninsula of Michigan that is north and west of the point beginning at the southwest corner of Branch County, north continuing along the western border of Branch and Calhoun Counties to the northwest corner of Calhoun County, then east to the southwest corner of Eaton County, then north to the southern border of Ionia County, then east to the southwest corner of Clinton County, then north along the western border of Clinton County continuing north along the county border of Gratiot and Montcalm Counties to the southern border of Isabella county, then east to the southwest corner of Midland County, then north along the west Midland County border to Highway M-20, then easterly to U.S. Highway 10, then easterly to U.S. Interstate 75 / U.S. Highway 23, then northerly along I-75 / U.S. 23 and easterly on U.S. 23 to the centerline of the Au Gres River, then PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 southerly along the centerline of the Au Gres River to Saginaw Bay, then on a line directly east 10 miles into Saginaw Bay, and from that point on a line directly northeast to the Canadian border. SJBP Zone is the rest of the State, that area south and east of the boundary described above. Sandhill Cranes Central Flyway Colorado The Central Flyway portion of the State except the San Luis Valley (Alamosa, Conejos, Costilla, Hinsdale, Mineral, Rio Grande, and Saguache Counties east of the Continental Divide) and North Park (Jackson County). Kansas That portion of the State west of a line beginning at the Oklahoma border, north on I-35 to Wichita, north on I-135 to Salina, and north on U.S. 81 to the Nebraska border. Montana The Central Flyway portion of the State except for that area south and west of Interstate 90, which is closed to sandhill crane hunting. New Mexico Regular-Season Open Area — Chaves, Curry, De Baca, Eddy, Lea, Quay, and Roosevelt Counties. Middle Rio Grande Valley Area — The Central Flyway portion of New Mexico in Socorro and Valencia Counties. Estancia Valley Area — Those portions of Santa Fe, Torrance and Bernallilo Counties within an area bounded on the west by New Mexico Highway 55 beginning at Mountainair north to NM 337, north to NM 14, north to I-25; on the north by I-25 east to U.S. 285; on the east by U.S. 285 south to U.S. 60; and on the south by U.S. 60 from U.S. 285 west to NM 55 in Mountainair. Southwest Zone — Sierra, Luna, Dona Ana Counties, and those portions of Grant and Hidalgo Counties south of I10. North Dakota Area 1 — That portion of the State west of U.S. 281. Area 2 — That portion of the State east of U.S. 281. Oklahoma That portion of the State west of I-35. South Dakota That portion of the State west of U.S. 281. E:\FR\FM\25AUR4.SGM 25AUR4 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Rules and Regulations sroberts on DSKD5P82C1PROD with RULES Texas Zone A — That portion of Texas lying west of a line beginning at the international toll bridge at Laredo, then northeast along U.S. Highway 81 to its junction with Interstate Highway 35 in Laredo, then north along Interstate Highway 35 to its junction with Interstate Highway 10 in San Antonio, then northwest along Interstate Highway 10 to its junction with U.S. Highway 83 at Junction, then north along U.S. Highway 83 to its junction with U.S. Highway 62, 16 miles north of Childress, then east along U.S. Highway 62 to the Texas–Oklahoma State line. Zone B — That portion of Texas lying within boundaries beginning at the junction of U.S. Highway 81 and the Texas–Oklahoma State line, then southeast along U.S. Highway 81 to its junction with U.S. Highway 287 in Montague County, then southeast along U.S. Highway 287 to its junction with Interstate Highway 35W in Fort Worth, then southwest along Interstate Highway 35 to its junction with Interstate Highway 10 in San Antonio, then northwest along Interstate Highway 10 to its junction with U.S. Highway 83 in the town of Junction, then north along U.S. Highway 83 to its junction with U.S. Highway 62, 16 miles north of Childress, then east along U.S. Highway 62 to the Texas–Oklahoma State line, then south along the Texas–Oklahoma State line to the south bank of the Red River, then eastward along the vegetation line on the south bank of the Red River to U.S. Highway 81. Zone C — The remainder of the State, except for the closed areas. Closed areas — (A) That portion of the State lying east and north of a line beginning at the junction of U.S. Highway 81 and the Texas–Oklahoma State line, then southeast along U.S. Highway 81 to its junction with U.S. Highway 287 in Montague County, then southeast along U.S. Highway 287 to its junction with Interstate Highway 35W in Fort Worth, then southwest along Interstate Highway 35 to its junction with U.S. Highway 290 East in Austin, then east along U.S. Highway 290 to its junction with Interstate Loop 610 in Harris County, then south and east along Interstate Loop 610 to its junction with Interstate Highway 45 in Houston, then south on Interstate Highway 45 to State Highway 342, then to the shore of the Gulf of Mexico, and then north and east along the shore of the Gulf of Mexico to the Texas–Louisiana State line. (B) That portion of the State lying within the boundaries of a line beginning at the Kleberg–Nueces County VerDate Nov<24>2008 23:15 Aug 24, 2009 Jkt 217001 line and the shore of the Gulf of Mexico, then west along the County line to Park Road 22 in Nueces County, then north and west along Park Road 22 to its junction with State Highway 358 in Corpus Christi, then west and north along State Highway 358 to its junction with State Highway 286, then north along State Highway 286 to its junction with Interstate Highway 37, then east along Interstate Highway 37 to its junction with U.S. Highway 181, then north and west along U.S. Highway 181 to its junction with U.S. Highway 77 in Sinton, then north and east along U.S. Highway 77 to its junction with U.S. Highway 87 in Victoria, then south and east along U.S. Highway 87 to its junction with State Highway 35 at Port Lavaca, then north and east along State Highway 35 to the south end of the Lavaca Bay Causeway, then south and east along the shore of Lavaca Bay to its junction with the Port Lavaca Ship Channel, then south and east along the Lavaca Bay Ship Channel to the Gulf of Mexico, and then south and west along the shore of the Gulf of Mexico to the Kleberg–Nueces County line. Wyoming Regular-Season Open Area — Campbell, Converse, Crook, Goshen, Laramie, Niobrara, Platte, and Weston Counties, and those portions of Johnson County east of Interstates 25 and 90 and Sheridan County east of Interstate 90. Riverton-Boysen Unit — Portions of Fremont County. Park and Big Horn County Unit — Portions of Park and Big Horn Counties. Pacific Flyway Arizona Special-Season Area — Game Management Units 30A, 30B, 31, and 32. Montana Special-Season Area — See State regulations. Utah Special-Season Area — Rich, Cache, and Unitah Counties and that portion of Box Elder County beginning on the Utah–Idaho State line at the Box Elder– Cache County line; west on the State line to the Pocatello Valley County Road; south on the Pocatello Valley County Road to I-15; southeast on I-15 to SR-83; south on SR-83 to Lamp Junction; west and south on the Promontory Point County Road to the tip of Promontory Point; south from Promontory Point to the Box Elder– Weber County line; east on the Box Elder–Weber County line to the Box Elder–Cache County line; north on the PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 43023 Box Elder–Cache County line to the Utah–Idaho State line. Wyoming Bear River Area — That portion of Lincoln County described in State regulations. Salt River Area — That portion of Lincoln County described in State regulations. Farson-Eden Area — Those portions of Sweetwater and Sublette Counties described in State regulations. Uinta County Area — That portion of Uinta County described in State regulations. All Migratory Game Birds in Alaska North Zone — State Game Management Units 1113 and 1726. Gulf Coast Zone — State Game Management Units 57, 9, 1416, and 10 (Unimak Island only). Southeast Zone — State Game Management Units 14. Pribilof and Aleutian Islands Zone — State Game Management Unit 10 (except Unimak Island). Kodiak Zone — State Game Management Unit 8. All Migratory Game Birds in the Virgin Islands Ruth Cay Closure Area — The island of Ruth Cay, just south of St. Croix. All Migratory Game Birds in Puerto Rico Municipality of Culebra Closure Area — All of the municipality of Culebra. Desecheo Island Closure Area — All of Desecheo Island. Mona Island Closure Area — All of Mona Island. El Verde Closure Area — Those areas of the municipalities of Rio Grande and Loiza delineated as follows: (1) All lands between Routes 956 on the west and 186 on the east, from Route 3 on the north to the juncture of Routes 956 and 186 (Km 13.2) in the south; (2) all lands between Routes 186 and 966 from the juncture of 186 and 966 on the north, to the Caribbean National Forest Boundary on the south; (3) all lands lying west of Route 186 for 1 kilometer from the juncture of Routes 186 and 956 south to Km 6 on Route 186; (4) all lands within Km 14 and Km 6 on the west and the Caribbean National Forest Boundary on the east; and (5) all lands within the Caribbean National Forest Boundary whether private or public. Cidra Municipality and adjacent areas — All of Cidra Municipality and portions of Aguas Buenas, Caguas, Cayey, and Comerio Municipalities as encompassed within the following boundary: beginning on Highway 172 as it leaves the municipality of Cidra on E:\FR\FM\25AUR4.SGM 25AUR4 43024 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Rules and Regulations sroberts on DSKD5P82C1PROD with RULES the west edge, north to Highway 156, east on Highway 156 to Highway 1, south on Highway 1 to Highway 765, south on Highway 765 to Highway 763, south on Highway 763 to the Rio VerDate Nov<24>2008 23:15 Aug 24, 2009 Jkt 217001 Guavate, west along Rio Guavate to Highway 1, southwest on Highway 1 to Highway 14, west on Highway 14 to Highway 729, north on Highway 729 to PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 Cidra Municipality boundary to the point of the beginning. [FR Doc. E9–20400 Filed 8–24–09; 8:45 am] BILLING CODE S E:\FR\FM\25AUR4.SGM 25AUR4

Agencies

[Federal Register Volume 74, Number 163 (Tuesday, August 25, 2009)]
[Rules and Regulations]
[Pages 43008-43024]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20400]



[[Page 43007]]

-----------------------------------------------------------------------

Part IV





Department of the Interior





-----------------------------------------------------------------------



Fish and Wildlife Service



-----------------------------------------------------------------------



50 CFR Part 20



Migratory Bird Hunting; Final Frameworks for Early-Season Migratory 
Bird Hunting Regulations; Final Rule

Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / 
Rules and Regulations

[[Page 43008]]


-----------------------------------------------------------------------

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; Final Frameworks for Early-Season 
Migratory Bird Hunting Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule prescribes final early-season frameworks from which 
the States, Puerto Rico, and the Virgin Islands may select season 
dates, limits, and other options for the 2009-10 migratory bird hunting 
seasons. Early seasons are those that generally open prior to October 
1, and include seasons in Alaska, Hawaii, Puerto Rico, and the Virgin 
Islands. The effect of this final rule is to facilitate the selection 
of hunting seasons by the States and Territories to further the annual 
establishment of the early-season migratory bird hunting regulations.

DATES: This rule is effective on August 25, 2009.

ADDRESSES: States and Territories should send their season selections 
to: Chief, Division of Migratory Bird Management, U.S. Fish and 
Wildlife Service, ms MBSP-4107-ARLSQ, 1849 C Street, NW., Washington, 
DC 20240. You may inspect comments during normal business hours at the 
Service's office in room 4107, 4501 N. Fairfax Drive, Arlington, 
Virginia, or at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Robert Blohm, Chief, or Ron W. Kokel, 
Division of Migratory Bird Management, U.S. Fish and Wildlife Service, 
(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 Sec. Sec. 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. Subsequent documents will refer only to numbered 
items requiring attention. Therefore, it is important to note that we 
will omit those items requiring no attention, and remaining numbered 
items will be discontinuous and appear incomplete.
    On May 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 Regulations 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. We will publish the 
proposed frameworks for late-season regulations (primarily hunting 
seasons that start after October 1 and most waterfowl seasons not 
already established) in a late August Federal Register.
    This document is the fourth in a series of proposed, supplemental, 
and final rulemaking documents. It establishes final frameworks from 
which States may select season dates, shooting hours, and daily bag and 
possession limits for the 2009-10 season. These selections will be 
published in the Federal Register as amendments to Sec. Sec. 20.101 
through 20.107, and Sec. 20.109 of title 50 CFR part 20.

Review of Public Comments

    The preliminary proposed rulemaking, which appeared in the April 10 
Federal Register, opened the public comment period for migratory game 
bird hunting regulations. We have considered all pertinent comments 
received. Comments are summarized below and numbered in the order used 
in the April 10 Federal Register. We have included only the numbered 
items pertaining to early-season issues for which we received comments. 
Consequently, the issues do not follow in successive numerical or 
alphabetical order. We received recommendations from all Flyway 
Councils. Some recommendations supported continuation of last year's 
frameworks. Due to the comprehensive nature of the Councils' annual 
review of the frameworks, we assume Council support for continuation of 
last year's frameworks for items for which we received no 
recommendation. Council recommendations for changes are summarized 
below.

General

    Written Comments: An individual commenter protested the entire 
migratory bird hunting regulations 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 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 
longstanding example of State-Federal cooperative management since its 
establishment in 1952. However, as always, we continue to seek new ways 
to streamline and improve the process.

1. Ducks

    Categories used to discuss issues related to duck harvest 
management are: (A) General Harvest Strategy; (B) Regulatory 
Alternatives, including specification of framework dates, season 
lengths, and bag limits; (C) Zones and Split Seasons; and (D) Special 
Seasons/Species Management. The categories

[[Page 43009]]

correspond to previously published issues/discussions, and only those 
containing substantial recommendations are discussed below.

D. Special Seasons/Species Management

 i. September Teal Seasons

    Council Recommendations: The Atlantic Flyway Council recommended 
that the number of hunting days during the special September teal 
season in the Atlantic Flyway be increased from 9 consecutive days to 
16 consecutive days whenever the blue-winged teal breeding population 
exceeds 4.7 million birds.
    Service Response: We concur with the Atlantic Flyway Council's 
recommendation to increase the number of hunting days during the 
special September teal season from 9 consecutive hunting days to 16 
consecutive hunting days in the Atlantic Flyway whenever the blue-
winged teal breeding population estimate for the traditional survey 
area exceeds 4.7 million birds. The Mississippi and Central Flyways 
have had operational 16-day September teal seasons (whenever the blue-
winged teal breeding population estimate for the traditional survey 
area exceeds 4.7 million birds) since 1998. In the Atlantic Flyway, 
existing 9-day September teal seasons were first implemented 
experimentally in 1998 and made operational in 2003. We estimate that 
the additional 7 hunting days will result in an increased harvest of 
about 7,700 blue-winged teal, or about a 10 percent increase in the 
Flyway's overall blue-winged teal harvest of about 75,000 (average of 
75,290 since 1998). In 2007, blue-winged teal harvest in the 
Mississippi and Central Flyways was about 532,000 in the special 
September season, and more than 973,000 overall.
    In providing the Atlantic Flyway this expanded opportunity for 
teal, we offer several notes to the Atlantic, Central, and Mississippi 
Flyway Councils regarding teal. First, although we agree with the 
analysis prepared and submitted by the Atlantic Flyway Council 
regarding the expected harvest of the expanded special September teal 
season in the Atlantic Flyway (minor impacts of less than a 1 percent 
increase in the overall U.S. blue-winged teal harvest and again only a 
10 percent harvest increase for the Flyway), the Atlantic Flyway 
Council should prepare a report that evaluates pertinent teal 
population and harvest information after the 16-day season has been 
conducted for 3 years. The Atlantic Flyway's initial analysis, however, 
is consistent with our belief and best available science that the 
expanded season would not have a significant impact on teal populations 
and thus the Service approves these changes. Second, we note that a new 
assessment of the cumulative effects of all teal harvest, including 
harvest during special September seasons, is warranted before any 
further modifications of special September teal seasons. Therefore, we 
will not agree to any further modifications of special September teal 
seasons or other special September duck seasons until a thorough 
assessment of the harvest potential has been completed for both blue-
winged and green-winged teal, as well as an assessment of the impacts 
of current special September seasons on these two species. We request 
that the Atlantic, Mississippi, and Central Flyway Councils designate 
representatives who will assist Service staff with the technical 
aspects of these assessments. Our goal is to complete this important 
assessment work within 3 years.
    Finally, utilizing the criteria developed for the teal season 
harvest strategy, this year's estimate of 7.4 million blue-winged teal 
from the traditional survey area indicates that a 16-day September teal 
season in the Atlantic, Central, and Mississippi Flyways is appropriate 
for 2009.

4. Canada Geese

B. Regular Seasons

    Council Recommendations: The Upper- and Lower-Region Regulations 
Committees of the Mississippi Flyway Council recommended that the 
framework opening date for all species of geese for the regular goose 
seasons in Michigan and Wisconsin be September 16, 2009.
    Written Comments: The Wisconsin Department of Natural Resources 
expressed appreciation for the Service's approval of a September 16, 
2009, framework opening date for all species of geese for the regular 
goose seasons in Michigan and Wisconsin.
    Service Response: We concur. As we stated last year (73 FR 50678), 
we agree with the objective to increase harvest pressure on resident 
Canada geese in the Mississippi Flyway and will continue to consider 
the opening dates in both States as exceptions to the general Flyway 
opening date, to be reconsidered annually.

9. Sandhill Cranes

    Council Recommendations: The Mississippi, Central, and Pacific 
Flyway Councils recommended expanding the area open to Mid-continent 
Population (MCP) sandhill crane hunting in Wyoming to include Johnson 
and Sheridan Counties. The Central and Pacific Flyway Councils 
recommended using the 2009 Rocky Mountain Population (RMP) sandhill 
crane harvest allocation of 1,939 birds as proposed in the allocation 
formula using the 3-year running average.
    The Pacific Flyway Council recommended extending the experimental, 
limited hunt for Lower Colorado River sandhill cranes in Arizona for an 
additional 3 years. The extension is necessary due to difficulties 
initiating the new hunt, which was approved by the Service in 2007.
    Service Response: We agree with the Councils' recommendations on 
the RMP sandhill crane harvest allocation of 1,939 birds for the 2009-
10 season as outlined in the RMP sandhill crane management plan's 
harvest allocation formula. Regarding the modification of the MCP 
sandhill crane hunt area in Wyoming to included portions of Johnson and 
Sheridan Counties, we agree. Both of these areas are within existing 
MCP hunt plans.
    In 2007, the Pacific Flyway Council recommended, and we approved, 
the establishment of a limited hunt for the Lower Colorado River Valley 
Population (LCRVP) of sandhill cranes in Arizona (72 FR 49622). 
However, the population inventory on which the LCRVP hunt plan is based 
was not completed that year. Thus, the Arizona Game and Fish Department 
chose to not conduct the hunt in 2007 and sought approval from the 
Service again last year to begin conducting the hunt. We again approved 
the limited hunt (73 FR 50678). However, due to complications 
encountered with the proposed onset of this new season falling within 
ongoing efforts to open new hunting seasons on Federal wildlife 
refuges, the experimental limited hunt season was not opened last year. 
As such, the State of Arizona has requested that the next 3 years 
(2009-12) be designated as the new experimental season and has 
designated an area under State control where the experimental hunt will 
be conducted. Given that the LCRVP survey results indicate an increase 
from 1,900 birds in 1998 to 2,401 birds in 2009, and that the 3-year 
average of 2,981 LCRVP cranes is above the population objective of 
2,500, we continue to support the establishment of the 3-year 
experimental framework for this hunt, conditional on successful 
monitoring being conducted as called for in the Flyway hunt plan for 
this population.

[[Page 43010]]

    Our final environmental assessment (FEA) on this new hunt can be 
obtained by writing Robert Trost, Pacific Flyway Representative, U.S. 
Fish and Wildlife Service, Division of Migratory Bird management, 911 
NE 11th Avenue, Portland, OR 97232-4181, or it may be viewed online at 
http://www.regulations.gov.

16. Mourning Doves

    Council Recommendations: The Atlantic and Mississippi Flyway 
Councils recommended use of the ``moderate'' season framework for 
States within the Eastern Management Unit population of mourning doves, 
resulting in a 70-day season and 15-bird daily bag limit. The daily bag 
limit could be composed of mourning doves and white-winged doves, 
singly or in combination.
    The Mississippi and Central Flyway Councils recommend the use of 
the standard (or ``moderate'') season package of a 15-bird daily bag 
limit and a 70-day season for the 2009-10 mourning dove season in the 
States within the Central Management Unit. The daily bag limit could be 
composed of mourning doves and white-winged doves, singly or in 
combination. The Councils also recommended changing the opening date 
for dove hunting in the South Zone in Texas to the Friday nearest 
September 20, but not earlier than September 17.
    The Pacific Flyway Council recommended use of the ``moderate'' 
season framework for States in the Western Management Unit (WMU) 
population of mourning doves, which represents no change from last 
year's frameworks.
    Written Comments: The Wisconsin Department of Natural Resources 
supported the Councils' recommendation for a ``moderate'' season 
package for mourning doves for the 2009-10 season.
    Service Response: Last year, we accepted and endorsed the interim 
harvest strategies for the Central, Eastern, and Western Management 
Units (73 FR 50678). As we stated then, the interim mourning dove 
harvest strategies are a step towards implementing the Mourning Dove 
National Strategic Harvest Plan (Plan) that was approved by all four 
Flyway Councils in 2003. The Plan represents a new, more informed means 
of decision-making for dove harvest management besides relying solely 
on traditional roadside counts of mourning doves as indicators of 
population trend. However, recognizing that a more comprehensive, 
national approach would take time to develop, we requested the 
development of interim harvest strategies, by management unit, until 
the elements of the Plan can be fully implemented. In 2004, each 
management unit submitted its respective strategy, but the strategies 
used different datasets and different approaches or methods. After 
initial submittal and review in 2006, we requested that the strategies 
be revised, using similar, existing datasets among the management units 
along with similar decision-making criteria. In January 2008, we 
recommended that, following approval by the respective Flyway Councils 
in March, the strategies be submitted in 2008 for endorsement by the 
Service, with implementation for the 2009-10 hunting season. Thus, 
based on the new interim harvest strategies and current population 
status, we agree with the recommended selection of the ``moderate'' 
season frameworks for doves in the Eastern, Central, and Western 
Management Units.
    Regarding the recommended change in the opening date for dove 
hunting in the South Zone in Texas, we agree. Allowing Texas to use a 
``floating'' framework opening date for the South Zone is a relatively 
minor change that would allow Texas additional flexibility in 
establishing its season.

17. White-winged and White-tipped Doves

    Council Recommendations: The Mississippi and Central Flyway 
Councils recommend modifying the boundary for the Special White-winged 
Dove Area (SWWDA) in Texas by removing portions of Jim Hogg and 
northern Starr Counties, and modifying the daily bag limit in the SWWDA 
in Texas to 15 doves per day in the aggregate to be consistent with 
mourning dove frameworks.
    Service Response: We agree with the Councils' recommendation to 
remove portions of the SWWDA area in Texas. Removal of the areas with 
poorer quality white-winged dove habitat from the SWWDA hunt area will 
allow Texas to more appropriately manage the overall dove harvest. We 
also agree with the Councils' recommendation to modify the daily bag 
limit in the SWWDA from 12 to 15 birds per day. Increasing the overall 
aggregate daily bag limit on doves, while maintaining the existing 
internal bag limit restrictions on mourning and white-tipped doves, 
will provide hunters more consistent and easily understood dove hunting 
regulations.

18. Alaska

    Council Recommendations: The Pacific Flyway Council recommended 
reducing the daily bag limits for brant in Alaska from 3 per day with 6 
in possession to 2 per day with 4 in possession. The Council also 
subsequently recommended at the June SRC meeting several goose season 
modifications to address new survey information regarding estimates of 
dusky Canada geese. They recommended delaying the opening of goose 
hunting in the affected areas by one week, implementing an education 
and outreach program to notify hunters of the need for further harvest 
restrictions, initiation of a voluntary check station for dusky Canada 
geese in those areas, and implementation of actions identified in the 
Pacific Flyway Management Plan for dusky Canada geese in 2010.
    Service Response: This year, the annual population index of dusky 
Canada geese, 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. These results further 
increase our longstanding concern for this subspecies of Canada goose. 
We appreciate the fact that the Pacific Flyway had planned for this 
possible situation when the Flyway management plan for this population 
was revised in 2008, and we strongly support the development and use of 
these cooperatively developed management plans. Therefore, we will 
enact the harvest management program called for in the Flyway 
management plan at this population level. More specifically:
    (1) A mandatory State-issued permit is required to hunt Canada 
geese in Alaska GMU 6-C, and on Middleton, Hinchinbrook and Hawkins 
Islands in the Gulf of Alaska adjacent to GMU 6-C;
    (2) All geese harvested from these areas must be taken to a State-
operated check station where the subspecies will be determined;
    (3) The season for all Canada geese will be closed if a total of 40 
dusky Canada geese are harvested; and
    (4) The State of Alaska will conduct an effort to educate the 
hunting public about the conservation concerns surrounding the dusky 
Canada goose in the area of Cordova, Alaska.
    We recognize the fact that implementation of the permit hunt in a

[[Page 43011]]

relatively short time will prove challenging, but we strongly believe 
that the actions outlined in the management plan constitute the best 
course of action for harvest management of the dusky Canada goose.
    We recognize the work involved in crafting the amended 
recommendation from the Pacific Flyway Council on behalf of the State 
of Alaska. However, this recommendation consists of harvest management 
actions not addressed in the Flyway management plan, and their impact 
on dusky Canada goose harvest is unknown. Further, the Council's 
amended proposal does not establish a limit on the number of dusky 
Canada geese that could be taken, nor would they provide any 
information regarding the harvest of dusky Canada geese in the Copper 
River Delta area.
    We concur with the Pacific Flyway Council's recommendation to 
decrease the daily bag and possession limit for brant.

20. Puerto Rico

    Council Recommendations: The Atlantic Flyway Council recommended 
that Puerto Rico be permitted to adopt a 20-bird bag limit for doves in 
the aggregate for the next three hunting seasons, 2009-2011. Legally 
hunted dove species in Puerto Rico are the Zenaida dove, the white-
winged dove, and the mourning dove. They also recommended that the 20-
bird aggregate bag limit should include no more than 10 Zenaida doves 
and no more than 3 mourning doves.
    Service Response: As we stated last year when we approved Puerto 
Rico's proposal (73 FR 50678), we concur with the intent of the 3-year 
experimental season to increase harvest pressure on a rapidly growing 
population of white-winged doves while decreasing hunting pressure on 
Zenaida and mourning doves.

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 by 
writing to the address indicated under the caption ADDRESSES.
    In a notice published in the September 8, 2005, Federal Register 
(70 FR 53376), we announced our intent to develop a new Supplemental 
Environmental Impact Statement for the migratory bird hunting program. 
Public scoping meetings were held in the spring of 2006, as 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 ADDRESSES or by viewing on our website at http://www.fws.gov/migratorybirds/.

Endangered Species Act Consideration

    Section 7 of the Endangered Species Act, as amended (16 U.S.C. 
1531-1543; 87 Stat. 884), provides that, ``The Secretary shall review 
other programs administered by him and utilize such programs in 
furtherance of the purposes of this Act'' (and) shall ``insure that any 
action authorized, funded, or carried out * * * is not likely to 
jeopardize the continued existence of any endangered species or 
threatened species or result in the destruction or adverse modification 
of [critical] habitat. * * *.'' Consequently, we conducted formal 
consultations to ensure that actions resulting from these regulations 
would not likely jeopardize the continued existence of endangered or 
threatened species or result in the destruction or adverse modification 
of their critical habitat. Findings from these consultations are 
included in a biological opinion, which concluded that the regulations 
are not likely to jeopardize the continued existence of any endangered 
or threatened species. Additionally, these findings may have caused 
modification of some regulatory measures previously proposed, and the 
final frameworks reflect any such modifications. Our biological 
opinions resulting from this section 7 consultation are public 
documents available for public inspection at the address indicated 
under ADDRESSES.

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. 
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.
    An Economic Analysis was prepared for the 2008-2009 season. This 
analysis was based on data from the 2006 National Hunting and Fishing 
Survey, the most recent year for which data are available (see 
discussion in Regulatory Flexibility Act section below). This analysis 
estimates consumer surplus for three alternatives for duck hunting 
(estimates for other species are not quantified due to lack of data). 
The alternatives are 1) Issue restrictive regulations allowing fewer 
days than those issued during the 2007-2008 season, 2) Issues moderate 
regulations allowing more days than those in alternative 1, and 3) 
Issue liberal regulations identical to the regulations in the 2007-2008 
season. For the 2008-2009 season, we chose alternative 3, with an 
estimated consumer surplus across all flyways of $205-$270 million. For 
the upcoming 2009-2010 season, we again considered these three 
alternatives and again chose alternative 3 for ducks. We made minor 
modifications to the season frameworks for some other species, but 
these do not significantly change the economic impacts of the rule, 
which were not quantified for other species. For these reasons, we have 
not conducted a new Economic Analysis, but the 2008-2009 analysis is 
part of the record for this rule and is available at http://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or at http://www.regulations.gov.

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,

[[Page 43012]]

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 ADDRESSES or from our website at 
http://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or at http://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 rule, has determined that this 
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 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 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 were contained in a separate proposed rule (74 FR 
36870). 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 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.

Regulations Promulgation

    The rulemaking process for migratory game bird hunting must, by its 
nature, operate under severe time constraints. However, we intend that 
the public be given the greatest possible opportunity to comment. Thus, 
when the preliminary proposed rulemaking was published, we established 
what we believed were the longest periods possible for public comment. 
In doing this, we recognized that when the comment period closed, time 
would be of the essence. That is, if there were a delay in the 
effective date of these regulations after this final rulemaking, States 
would have insufficient time to select season dates and limits; to 
communicate those selections to us; and to establish and publicize the 
necessary regulations and procedures to implement their decisions. We 
therefore find that ``good cause'' exists, within the terms of 5 U.S.C. 
553(d)(3) of the Administrative Procedure Act, and these frameworks 
will, therefore, take effect immediately upon publication. Therefore, 
under authority of the Migratory Bird Treaty Act (July 3, 1918), as 
amended (16 U.S.C. 703-711), we prescribe final frameworks setting 
forth the species to be hunted, the daily bag and possession limits, 
the shooting hours, the season lengths, the earliest opening and latest 
closing season dates, and hunting areas, from which State conservation 
agency officials will select

[[Page 43013]]

hunting season dates and other options. Upon receipt of season 
selections from these officials, we will publish a final rulemaking 
amending 50 CFR part 20 to reflect seasons, limits, and shooting hours 
for the conterminous United States for the 2009-10 season.

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.

Final Regulations Frameworks for 2009-10 Early Hunting Seasons on 
Certain Migratory Game Birds

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

Mourning Dove Management Units:
    Eastern Management Unit -- All States east of the Mississippi 
River, and Louisiana.
    Central Management Unit -- Arkansas, Colorado, Iowa, Kansas, 
Minnesota, Missouri, Montana, Nebraska, New Mexico, North Dakota, 
Oklahoma, South Dakota, Texas, and Wyoming.
    Western Management Unit -- Arizona, California, Idaho, Nevada, 
Oregon, Utah, and Washington.
Woodcock Management Regions:
    Eastern Management Region -- Connecticut, Delaware, Florida, 
Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New 
York, North Carolina, Pennsylvania, Rhode Island, South Carolina, 
Vermont, Virginia, and West Virginia.
    Central Management Region -- Alabama, Arkansas, Illinois, Indiana, 
Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, 
Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, 
Tennessee, Texas, and Wisconsin.
    Other geographic descriptions are contained in a later portion of 
this document.

Definitions

    Dark geese: Canada geese, white-fronted geese, brant (except in 
Alaska, California, Oregon, Washington, and the Atlantic Flyway), and 
all other goose species, except light geese.
    Light geese: snow (including blue) geese and Ross's geese.

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 September Teal Season

    Outside Dates: Between September 1 and September 30, an open season 
on all species of teal may be selected by the following States in areas 
delineated by State regulations:
    Atlantic Flyway -- Delaware, Florida, Georgia, Maryland, North 
Carolina, South Carolina, and Virginia.
    Mississippi Flyway -- Alabama, Arkansas, Illinois, Indiana, 
Kentucky, Louisiana, Mississippi, Missouri, Ohio, and Tennessee.
    Central Flyway -- Colorado (part), Kansas, Nebraska (part), New 
Mexico (part), Oklahoma, and Texas.
    Hunting Seasons and Daily Bag Limits: Not to exceed 16 consecutive 
hunting days in the Atlantic, Mississippi and Central Flyways. The 
daily bag limit is 4 teal.
    Shooting Hours:
    Atlantic Flyway -- One-half hour before sunrise to sunset, except 
in Maryland, where the hours are from sunrise to sunset.
    Mississippi and Central Flyways -- One-half hour before sunrise to 
sunset, except in the States of Arkansas, Illinois, Indiana, Missouri, 
and Ohio, where the hours are from sunrise to sunset.

Special September Duck Seasons

    Florida, Kentucky and Tennessee: In lieu of a special September 
teal season, a 5-consecutive-day season may be selected in September. 
The daily bag limit may not exceed 4 teal and wood ducks in the 
aggregate, of which no more than 2 may be wood ducks.
    Iowa: Iowa may hold up to 5 days of its regular duck hunting season 
in September. All ducks that are legal during the regular duck season 
may be taken during the September segment of the season. The September 
season segment may commence no earlier than the Saturday nearest 
September 20 (September 19). The daily bag and possession limits will 
be the same as those in effect last year but are subject to change 
during the late-season regulations process. The remainder of the 
regular duck season may not begin before October 10.

Special Youth Waterfowl Hunting Days

    Outside Dates: States may select 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, holidays, or other non-school days when youth 
hunters would have the maximum opportunity to participate. The days may 
be held up to 14 days before or after any regular duck-season 
frameworks or within any split

[[Page 43014]]

of a regular duck season, or within any other open season on migratory 
birds.
    Daily Bag Limits: The daily bag limits may include ducks, geese, 
mergansers, coots, moorhens, and gallinules and would be the same as 
those allowed in the regular season. Flyway species and area 
restrictions would remain in effect.
    Shooting Hours: One-half hour before sunrise to sunset.
    Participation Restrictions: Youth hunters must be 15 years of age 
or younger. In addition, an adult at least 18 years of age must 
accompany the youth hunter into the field. This adult may not duck hunt 
but may participate in other seasons that are open on the special youth 
day.

Scoter, Eider, and Long-tailed Ducks (Atlantic Flyway)

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

Special Early Canada Goose Seasons

Atlantic Flyway

General Seasons
    Canada goose seasons of up to 15 days during September 1-15 may be 
selected for the Eastern Unit of Maryland and Delaware. Seasons not to 
exceed 25 days during September 1-25 may be selected for the Montezuma 
Region of New York and the Lake Champlain Region of New York and 
Vermont. Seasons not to exceed 30 days during September 1-30 may be 
selected for Connecticut, Florida, Georgia, New Jersey, New York (Long 
Island Zone), North Carolina, Rhode Island, and South Carolina. Seasons 
may not exceed 25 days during September 1-25 in the remainder of the 
Flyway. Areas open to the hunting of Canada geese must be described, 
delineated, and designated as such in each State's hunting regulations.
    Daily Bag Limits: Not to exceed 15 Canada geese.
Experimental Seasons
    Canada goose seasons of up to 10 days during September 16-25 may be 
selected in Delaware. The daily bag limit may not exceed 15 Canada 
geese. Areas open to the hunting of Canada geese must be described, 
delineated, and designated as such in each State's hunting regulations.
    Shooting Hours: One-half hour before sunrise to sunset, except that 
during any general season, shooting hours may extend to one-half hour 
after sunset if all other waterfowl seasons are closed in the specific 
applicable area.

Mississippi Flyway

General Seasons
    Canada goose seasons of up to 15 days during September 1-15 may be 
selected, except in the Upper Peninsula in Michigan, where the season 
may not extend beyond September 10, and in Minnesota (except in the 
Northwest Goose Zone), where a season of up to 22 days during September 
1-22 may be selected. The daily bag limit may not exceed 5 Canada 
geese. Areas open to the hunting of Canada geese must be described, 
delineated, and designated as such in each State's hunting regulations.
    A Canada goose season of up to 10 consecutive days during September 
1-10 may be selected by Michigan for Huron, Saginaw, and Tuscola 
Counties, except that the Shiawassee National Wildlife Refuge, 
Shiawassee River State Game Area Refuge, and the Fish Point Wildlife 
Area Refuge will remain closed. The daily bag limit may not exceed 5 
Canada geese.
Experimental Seasons
    Canada goose seasons of up to 7 days during September 16-22 may be 
selected in the Northwest Goose Zone in Minnesota. The daily bag limit 
may not exceed 5 Canada geese. Areas open to the hunting of Canada 
geese must be described, delineated, and designated as such in each 
State's hunting regulations.
    Shooting Hours: One-half hour before sunrise to sunset, except that 
during September 1-15 shooting hours may extend to one-half hour after 
sunset if all other waterfowl seasons are closed in the specific 
applicable area.

Central Flyway

General Seasons
    In Kansas, Nebraska, Oklahoma, South Dakota, and Texas, Canada 
goose seasons of up to 30 days during September 1-30 may be selected. 
In Colorado, New Mexico, North Dakota, Montana, and Wyoming, Canada 
goose seasons of up to 15 days during September 1-15 may be selected. 
The daily bag limit may not exceed 5 Canada geese. Areas open to the 
hunting of Canada geese must be described, delineated, and designated 
as such in each State's hunting regulations.
    Shooting Hours: One-half hour before sunrise to sunset, except that 
during September 1-15 shooting hours may extend to one-half hour after 
sunset if all other waterfowl seasons are closed in the specific 
applicable area.

Pacific Flyway

General Seasons
    California may select a 9-day season in Humboldt County during the 
period September 1-15. The daily bag limit is 2.
    Colorado may select a 9-day season during the period of September 
1-15. The daily bag limit is 3.
    Oregon may select a special Canada goose season of up to 15 days 
during the period September 1-15. In addition, in the NW Goose 
Management Zone in Oregon, a 15-day season may be selected during the 
period September 1-20. Daily bag limits may not exceed 5 Canada geese.
    Idaho may select a 7-day season during the period September 1-15. 
The daily bag limit is 2 and the possession limit is 4.
    Washington may select a special Canada goose season of up to 15 
days during the period September 1-15. Daily bag limits may not exceed 
5 Canada geese.
    Wyoming may select an 8-day season on Canada geese between 
September 1-15. This season is subject to the following conditions:
    1. Where applicable, the season must be concurrent with the 
September portion of the sandhill crane season.
    2. A daily bag limit of 2, with season and possession limits of 4, 
will apply to the special season.

[[Page 43015]]

    Areas open to hunting of Canada geese in each State must be 
described, delineated, and designated as such in each State's hunting 
regulations.

Regular Goose Seasons

    Regular goose seasons may open as early as September 16 in 
Wisconsin and Michigan. Season lengths, bag and possession limits, and 
other provisions will be established during the late-season regulations 
process.

Sandhill Cranes

Regular Seasons in the Central Flyway
    Outside Dates: Between September 1 and February 28.
    Hunting Seasons: Seasons not to exceed 37 consecutive days may be 
selected in designated portions of North Dakota (Area 2) and Texas 
(Area 2). Seasons not to exceed 58 consecutive days may be selected in 
designated portions of the following States: Colorado, Kansas, Montana, 
North Dakota, South Dakota, and Wyoming. Seasons not to exceed 93 
consecutive days may be selected in designated portions of the 
following States: New Mexico, Oklahoma, and Texas.
    Daily Bag Limits: 3 sandhill cranes, except 2 sandhill cranes in 
designated portions of North Dakota (Area 2) and Texas (Area 2).
    Permits: Each person participating in the regular sandhill crane 
season must have a valid Federal or State sandhill crane hunting 
permit.
Special Seasons in the Central and Pacific Flyways
    Arizona, Colorado, Idaho, Montana, New Mexico, Utah, and Wyoming 
may select seasons for hunting sandhill cranes within the range of the 
Rocky Mountain Population (RMP) subject to the following conditions:
    Outside Dates: Between September 1 and January 31.
    Hunting Seasons: The season in any State or zone may not exceed 30 
days.
    Bag limits: Not to exceed 3 daily and 9 per season.
    Permits: Participants must have a valid permit, issued by the 
appropriate State, in their possession while hunting.
    Other provisions: Numbers of permits, open areas, season dates, 
protection plans for other species, and other provisions of seasons 
must be consistent with the management plan and approved by the Central 
and Pacific Flyway Councils, with the following exceptions:
    1. In Utah, 100 percent of the harvest will be assigned to the RMP 
quota;
    2. In Arizona, monitoring the racial composition of the harvest 
must be conducted at 3-year intervals;
    3. In Idaho, 100 percent of the harvest will be assigned to the RMP 
quota; and
    4. In New Mexico, the season in the Estancia Valley is 
experimental, with a requirement to monitor the level and racial 
composition of the harvest; greater sandhill cranes in the harvest will 
be assigned to the RMP quota.
Special Seasons in the Pacific Flyway
    Arizona may select a season for hunting sandhill cranes within the 
range of the Lower Colorado River Population (LCR) of sandhill cranes, 
subject to the following conditions:
    Outside Dates: Between January 1 and January 31.
    Hunting Seasons: The season may not exceed 3 days.
    Bag limits: Not to exceed 1 daily and 1 per season.
    Permits: Participants must have a valid permit, issued by the 
appropriate State, in their possession while hunting.
    Other provisions: The season is experimental. Numbers of permits, 
open areas, season dates, protection plans for other species, and other 
provisions of seasons must be consistent with the management plan and 
approved by the Pacific Flyway Council.

Common Moorhens and Purple Gallinules

    Outside Dates: Between September 1 and the last Sunday in January 
(January 31) in the Atlantic, Mississippi and Central Flyways. States 
in the Pacific Flyway have been allowed to select their hunting seasons 
between the outside dates for the season on ducks; therefore, they are 
late-season frameworks, and no frameworks are provided in this 
document.
    Hunting Seasons and Daily Bag Limits: Seasons may not exceed 70 
days in the Atlantic, Mississippi, and Central Flyways. Seasons may be 
split into 2 segments. The daily bag limit is 15 common moorhens and 
purple gallinules, singly or in the aggregate of the two species.
    Zoning: Seasons may be selected by zones established for duck 
hunting.

Rails

    Outside Dates: States included herein may select seasons between 
September 1 and the last Sunday in January (January 31) on clapper, 
king, sora, and Virginia rails.
    Hunting Seasons: Seasons may not exceed 70 days, and may be split 
into 2 segments.
Daily Bag Limits:
    Clapper and King Rails -- In Rhode Island, Connecticut, New Jersey, 
Delaware, and Maryland, 10, singly or in the aggregate of the 2 
species. In Texas, Louisiana, Mississippi, Alabama, Georgia, Florida, 
South Carolina, North Carolina, and Virginia, 15, singly or in the 
aggregate of the two species.
    Sora and Virginia Rails -- In the Atlantic, Mississippi, and 
Central Flyways and the Pacific-Flyway portions of Colorado, Montana, 
New Mexico, and Wyoming, 25 daily and 25 in possession, singly or in 
the aggregate of the two species. The season is closed in the remainder 
of the Pacific Flyway.

Common Snipe

    Outside Dates: Between September 1 and February 28, except in 
Maine, Vermont, New Hampshire, Massachusetts, Rhode Island, 
Connecticut, New York, New Jersey, Delaware, Maryland, and Virginia, 
where the season must end no later than January 31.
    Hunting Seasons and Daily Bag Limits: Seasons may not exceed 107 
days and may be split into two segments. The daily bag limit is 8 
snipe.
    Zoning: Seasons may be selected by zones established for duck 
hunting.

American Woodcock

    Outside Dates: States in the Eastern Management Region may select 
hunting seasons between October 1 and January 31. States in the Central 
Management Region may select hunting seasons between the Saturday 
nearest September 22 (September 19) and January 31.
    Hunting Seasons and Daily Bag Limits: Seasons may not exceed 30 
days in the Eastern Region and 45 days in the Central Region. The daily 
bag limit is 3. Seasons may be split into two segments.
    Zoning: New Jersey may select seasons in each of two zones. The 
season in each zone may not exceed 24 days.

Band-tailed Pigeons

Pacific Coast States (California, Oregon, Washington, and Nevada)
    Outside Dates: Between September 15 and January 1.
    Hunting Seasons and Daily Bag Limits: Not more than 9 consecutive 
days, with a daily bag limit of 2 band-tailed pigeons.
    Zoning: California may select hunting seasons not to exceed 9 
consecutive days in each of two zones. The season in the North Zone 
must close by October 3.
Four-Corners States (Arizona, Colorado, New Mexico, and Utah)
    Outside Dates: Between September 1 and November 30.
    Hunting Seasons and Daily Bag Limits: Not more than 30 consecutive

[[Page 43016]]

days, with a daily bag limit of 5 band-tailed pigeons.
    Zoning: New Mexico may select hunting seasons not to exceed 20 
consecutive days in each of two zones. The season in the South Zone may 
not open until October 1.

Mourning Doves

    Outside Dates: Between September 1 and January 15, except as 
otherwise provided, States may select hunting seasons and daily bag 
limits as follows:

Eastern Management Unit

    Hunting Seasons and Daily Bag Limits: Not more than 70 days, with a 
daily bag limit of 15 mourning and white-winged doves in the aggregate.
    Zoning and Split Seasons: States may select hunting seasons in each 
of two zones. The season within each zone may be split into not more 
than three periods. Regulations for bag and possession limits, season 
length, and shooting hours must be uniform within specific hunting 
zones.

Central Management Unit

    Hunting Seasons and Daily Bag Limits: Not more than 70 days, with a 
daily bag limit of 15 mourning and white-winged doves in the aggregate.
Zoning and Split Seasons
    States may select hunting seasons in each of two zones. The season 
within each zone may be split into not more than three periods.
    Texas may select hunting seasons for each of three zones subject to 
the following conditions:
    A. The hunting season may be split into not more than two periods, 
except in that portion of Texas in which the special white-winged dove 
season is allowed, where a limited mourning dove season may be held 
concurrently with that special season (see white-winged dove 
frameworks).
    B. A season may be selected for the North and Central Zones between 
September 1 and January 25; and for the South Zone between the Friday 
nearest September 20 (September 18), but not earlier than September 17, 
and January 25.
    C. Daily bag limits are aggregate bag limits with mourning, white-
winged, and white-tipped doves (see white-winged dove frameworks for 
specific daily bag limit restrictions).
    D. Except as noted above, regulations for bag and possession 
limits, season length, and shooting hours must be uniform within each 
hunting zone.

Western Management Unit

Hunting Seasons and Daily Bag Limits
    Idaho, Oregon, and Washington -- Not more than 30 consecutive days, 
with a daily bag limit of 10 mourning doves.
    Utah -- Not more than 30 consecutive days, with a daily bag limit 
that may not exceed 10 mourning doves and white-winged doves in the 
aggregate.
    Nevada -- Not more than 30 consecutive days, with a daily bag limit 
of 10 mourning doves, except in Clark and Nye Counties, where the daily 
bag limit may not exceed 10 mourning and white-winged doves in the 
aggregate.
    Arizona and California -- Not more than 60 days, which may be split 
between two periods, September 1-15 and November 1-January 15. In 
Arizona, during the first segment of the season, the daily bag limit is 
10 mourning and white-winged doves in the aggregate, of which no more 
than 6 may be white-winged doves. During the remainder of the season, 
the daily bag limit is 10 mourning doves. In California, the daily bag 
limit is 10 mourning doves, except in Imperial, Riverside, and San 
Bernardino Counties, where the daily bag limit may not exceed 10 
mourning and white-winged doves in the aggregate.

White-winged and White-tipped Doves

Hunting Seasons and Daily Bag Limits:
    Except as shown below, seasons must be concurrent with mourning 
dove seasons.
    Eastern Management Unit: The daily bag limit may not exceed 15 
mourning and white-winged doves in the aggregate.
    Central Management Unit
    In Texas, the daily bag limit may not exceed 15 mourning, white-
winged, and white-tipped doves in the aggregate, of which no more than 
2 may be white-tipped doves. In addition, Texas also may select a 
hunting season of not more than 4 days for the special white-winged 
dove area of the South Zone between September 1 and September 19. The 
daily bag limit may not exceed 15 white-winged, mourning, and white-
tipped doves in the aggregate, of which no more than 4 may be mourning 
doves and 2 may be white-tipped doves.
    In the remainder of the Central Management Unit, the daily bag 
limit may not exceed 15 mourning and white-winged doves in the 
aggregate.

Western Management Unit

    Arizona may select a hunting season of not more than 30 consecutive 
days, running concurrently with the first segment of the mourning dove 
season. The daily bag limit may not exceed 10 mourning and white-winged 
doves in the aggregate, of which no more than 6 may be white-winged 
doves.
    In Utah, the Nevada Counties of Clark and Nye, and in the 
California Counties of Imperial, Riverside, and San Bernardino, the 
daily bag limit may not exceed 10 mourning and white-winged doves in 
the aggregate.
    In the remainder of the Western Management Unit, the season is 
closed.

Alaska

    Outside Dates: Between September 1 and January 26.
    Hunting Seasons: Alaska may select 107 consecutive days for 
waterfowl, sandhill cranes, and common snipe in each of 5 zones. The 
season may be split without penalty in the Kodiak Zone. The seasons in 
each zone must be concurrent.
    Closures: The hunting season is closed on emperor geese, spectacled 
eiders, and Steller's eiders.
Daily Bag and Possession Limits
    Ducks -- Except as noted, a basic daily bag limit of 7 and a 
possession limit of 21 ducks. Daily bag and possession limits in the 
North Zone are 10 and 30, and in the Gulf Coast Zone, they are 8 and 
24. The basic limits may include no more than 1 canvasback daily and 3 
in possession and may not include sea ducks.
    In addition to the basic duck limits, Alaska may select sea duck 
limits of 10 daily, 20 in possession, singly or in the aggregate, 
including no more than 6 each of either harlequin or long-tailed ducks. 
Sea ducks include scoters, common and king eiders, harlequin ducks, 
long-tailed ducks, and common and red-breasted mergansers.
    Light Geese -- A basic daily bag limit of 4 and a possession limit 
of 8.
    Dark Geese -- A basic daily bag limit of 4 and a possession limit 
of 8.
    Dark-goose seasons are subject to the following exceptions:
    1. In Units 5 and 6, the taking of Canada geese is permitted from 
September 28 through December 16.
    2. On Middleton Island in Unit 6, a special, permit-only Canada 
goose season may be offered. A mandatory goose identification class is 
required. Hunters must check in and check out. The bag limit is 1 daily 
and 1 in possession. The season will close if incidental harvest 
includes 5 dusky Canada geese. A dusky Canada goose is any dark-
breasted Canada goose (Munsell 10 YR color value five or less) with a 
bill length between 40 and 50 millimeters.

[[Page 43017]]

    3. In Units 6-B, 6-C and on Hinchinbrook and Hawkins Islands in 
Unit 6-D, a special, permit-only Canada goose season may be offered. 
Hunters must have all harvested geese checked and classified to 
subspecies. The daily bag limit is 4 daily and 8 in possession. The 
Canada goose season will close in all of the permit areas if the total 
dusky goose (as defined above) harvest reaches 40.
    4. In Units 9, 10, 17, and 18, dark goose limits are 6 per day, 12 
in possession; however, no more than 2 may be Canada geese in Units 
9(E) and 18; and no more than 4 may be Canada geese in Units 9(A-C), 10 
(Unimak Island portion), and 17.
    Brant -- A daily bag limit of 2 and a possession limit of 4.
    Common snipe -- A daily bag limit of 8.
    Sandhill cranes -- Bag and possession limits of 2 and 4, 
respectively, in the Southeast, Gulf Coast, Kodiak, and Aleutian Zones, 
and Unit 17 in the Northern Zone. In the remainder of the Northern Zone 
(outside Unit 17), bag and possession limits of 3 and 6, respectively.
    Tundra Swans -- Open seasons for tundra swans may be selected 
subject to the following conditions:
    1. All seasons are by registration permit only.
    2. All season framework dates are September 1 - October 31.
    3. In Game Management Unit (GMU) 17, no more than 200 permits may 
be issued during this operational season. No more than 3 tundra swans 
may be authorized per permit, with no more than 1 permit issued per 
hunter per season.
    4. In Game Mana