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

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[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]



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Part IV





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 20



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

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

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

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


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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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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

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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.

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    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 
https://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

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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 https://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 https://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or at https://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,

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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 
https://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or at https://www.regulations.gov.

Small Business Regulatory Enforcement Fairness Act

    This rule is a major rule under 5 U.S.C. 804(2), the Small Business 
Regulatory Enforcement Fairness Act. For the reasons outlined above, 
this rule has an annual effect on the economy of $100 million or more.

Paperwork Reduction Act

    We examined these regulations under the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.). The various recordkeeping and reporting 
requirements imposed under regulations established in 50 CFR part 20, 
subpart K, are utilized in the formulation of migratory game bird 
hunting regulations. Specifically, OMB has approved the information 
collection requirements of our Migratory Bird Surveys and assigned 
control number 1018-0023 (expires 2/28/2011). This information is used 
to provide a sampling frame for voluntary national surveys to improve 
our harvest estimates for all migratory game birds in order to better 
manage these populations. OMB has also approved the information 
collection requirements of the Alaska Subsistence Household Survey, an 
associated voluntary annual household survey used to determine levels 
of subsistence take in Alaska, and assigned control number 1018-0124 
(expires 1/31/2010). A Federal agency may not conduct or sponsor and a 
person is not required to respond to a collection of information unless 
it displays a currently valid OMB control number.

Unfunded Mandates Reform Act

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

Civil Justice Reform--Executive Order 12988

    The Department, in promulgating this 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