Migratory Bird Hunting; Final Frameworks for Late-Season Migratory Bird Hunting Regulations, 48822-48844 [E9-22875]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 74, Number 184 (Thursday, September 24, 2009)]
[Rules and Regulations]
[Pages 48822-48844]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22875]



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Part II





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 Late-Season Migratory Bird 
Hunting Regulations; Final Rule

Federal Register / Vol. 74, No. 184 / Thursday, September 24, 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 Late-Season 
Migratory Bird Hunting Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service (Service or we) prescribes final 
late-season frameworks from which States may select season dates, 
limits, and other options for the 2009-10 migratory bird hunting 
seasons. These late seasons include most waterfowl seasons, the 
earliest of which commences on September 26, 2009. The effect of this 
final rule is to facilitate the States' selection of hunting seasons 
and to further the annual establishment of the late-season migratory 
bird hunting regulations.

DATES: This rule takes effect on September 24, 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, VA, or 
at https://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. On August 25, 2009, 
we published in the Federal Register (74 FR 43008) a rulemaking 
establishing final frameworks for early-season migratory bird hunting 
regulations for the 2009-10 season. Subsequently, on August 31, 2009, 
we published a final rule in the Federal Register (74 FR 45032) 
amending subpart K of title 50 CFR part 20 to set hunting seasons, 
hours, areas, and limits for early seasons.
    On July 29-30, 2009, we held open meetings with the Flyway Council 
Consultants, at which the participants reviewed the status of waterfowl 
and developed recommendations for the 2009-10 regulations for these 
species. On August 13, 2009, we published in the Federal Register (74 
FR 41008) the proposed frameworks for the 2009-10 late-season migratory 
bird hunting regulations. This document establishes final frameworks 
for late-season migratory bird hunting regulations for the 2009-10 
season. There are no substantive changes from the August 13 proposed 
rule. We will publish State selections in the Federal Register as 
amendments to Sec. Sec. 20.101 through 20.107, and 20.109 of title 50 
CFR part 20.

Population Status and Harvest

    A brief summary of information on the status and harvest of 
waterfowl excerpted from various reports was included in the August 13 
supplemental proposed rule. For more detailed information on 
methodologies and results, complete copies of the various reports are 
available at the street address indicated under ADDRESSES or from our 
website at https://www.fws.gov/migratorybirds/NewsPublicationsReports.html.

Review of Public Comments and Flyway Council Recommendations

    The preliminary proposed rulemaking, which appeared in the April 
10, 2009, Federal Register, opened the public comment period for 
migratory game bird hunting regulations. The supplemental proposed 
rule, which appeared in the May 27, 2009, Federal Register, discussed 
the regulatory alternatives for the 2009-10 duck hunting season. Late-
season comments are summarized below and numbered in the order used in 
the April 10 and May 27 Federal Register documents. We have included 
only the numbered items pertaining to late-season issues for which we 
received written comments. Consequently, the issues do not follow in 
direct numerical or alphabetical order.
    We received recommendations from all four Flyway Councils. Some 
recommendations supported continuation of last year's frameworks. Due 
to the comprehensive nature of the annual review of the frameworks 
performed by the Councils, support for continuation of last year's 
frameworks is assumed for items for which no recommendations were 
received. Council recommendations for changes in the frameworks are 
summarized below.

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. A non-governmental 
organization supported the continued use of hunting as a significant 
part of migratory bird management.
    Service Response: Our long-term objectives continue to include 
providing

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

1. Ducks

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

A. General Harvest Strategy

    Council Recommendations: The Atlantic, Central, and Pacific Flyway 
Councils and the Upper- and Lower-Region Regulations Committees of the 
Mississippi Flyway Council recommended the adoption of the ``liberal'' 
regulatory alternative.
    Service Response: We are continuing development of an Adaptive 
Harvest Management (AHM) protocol that would allow hunting regulations 
to vary among Flyways in a manner that recognizes each Flyway's unique 
breeding-ground derivation of mallards. Last year, we described and 
adopted a protocol for regulatory decision-making for the newly defined 
stock of western mallards (73 FR 43290). For the 2009 hunting season, 
we continue to believe that the prescribed regulatory choice for the 
Pacific Flyway should be based on the status of this western mallard 
breeding stock, while the regulatory choice for the Mississippi and 
Central Flyways should depend on the status of the recently redefined 
midcontinent mallard stock. We also recommend that the regulatory 
choice for the Atlantic Flyway continue to depend on the status of 
eastern mallards.
    For the 2009 hunting season, we are continuing to consider the same 
regulatory alternatives as those used last year. The nature of the 
``restrictive,'' ``moderate,'' and ``liberal'' alternatives has 
remained essentially unchanged since 1997, except that extended 
framework dates have been offered in the ``moderate'' and ``liberal'' 
regulatory alternatives since 2002. Also, in 2003, we agreed to place a 
constraint on closed seasons in the western three Flyways whenever the 
midcontinent mallard breeding-population size (as defined prior to 
2008; traditional survey area plus Minnesota, Michigan, and Wisconsin) 
was >=5.5 million.
    Optimal AHM strategies for the 2009-10 hunting season were 
calculated using: (1) Harvest-management objectives specific to each 
mallard stock; (2) the 2009 regulatory alternatives; and (3) current 
population models and associated weights for midcontinent, western, and 
eastern mallards. Based on this year's survey results of 8.71 million 
midcontinent mallards (traditional survey area minus Alaska plus 
Minnesota, Wisconsin, and Michigan), 3.57 million ponds in Prairie 
Canada, 884,000 western mallards (381,000 and 503,000 respectively in 
California-Oregon and Alaska), and 908,000 eastern mallards, the 
prescribed regulatory choice for all four Flyways is the ``liberal'' 
alternative.
    Therefore, we concur with the recommendations of the Atlantic, 
Mississippi, Central, and Pacific Flyway Councils regarding selection 
of the ``liberal'' regulatory alternative and will adopt the 
``liberal'' regulatory alternative, as described in the July 24, 2009, 
Federal Register.

D. Special Seasons/Species Management

iii. Black Ducks

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

iv. Canvasbacks

    Council Recommendations: The Atlantic, Central, and Pacific Flyway 
Councils recommended a full season for canvasbacks with a 1-bird daily 
bag limit. Season lengths would be 60 days in the Atlantic Flyway, 74 
days in the Central Flyway, and 107 days in the Pacific Flyway.
    The Upper- and Lower-Region Regulations Committees of the 
Mississippi Flyway Council recommended use of their alternative 
canvasback harvest management strategy that uses threshold levels based 
on breeding population size in order to determine bag limits (detailed 
in the June 18, 2008, Federal Register (73 FR 34692)). Their strategy 
results in a Council recommendation for a 1-bird daily bag limit and a 
60-day season in the Mississippi Flyway.
    Service Response: Since 1994, we have followed a canvasback harvest 
strategy that if canvasback population status and production are 
sufficient to permit a harvest of one canvasback per day nationwide for 
the entire length of the regular duck season, while still attaining a 
projected spring population objective of 500,000 birds, the season on 
canvasbacks should be opened. A

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

v. Pintails

    Council Recommendations: The Atlantic, Central and Pacific Flyway 
Councils and the Upper- and Lower-Region Regulations Committees of the 
Mississippi Flyway Council recommended a full season for pintails 
consisting of a 1-bird daily bag limit and a 60-day season in the 
Atlantic and Mississippi Flyways and a 74-day season in the Central 
Flyway, and a 2-bird daily bag limit with a 107-day season in the 
Pacific Flyway.
    The Upper- and Lower-Region Regulations Committees of the 
Mississippi Flyway Council also recommended that the Service evaluate 
the performance of the prescribed strategy for managing harvest of 
northern pintails and explain the reasons for implementing the derived 
strategy despite a Council recommendation to continue using the 
prescribed strategy.
    Service Response: Based on the current strategy last modified in 
2007, along with an observed spring breeding population of 3.22 
million, an overflight-bias-corrected breeding population of 3.73 
million and a projected fall flight of 5.13 million pintails, the 
pintail harvest strategy prescribes a full season and a 1-bird daily 
bag limit in the Atlantic, Mississippi, and Central Flyways. In the 
Pacific Flyway a 2-bird daily bag limit and a full season is 
prescribed. Thus, we agree with the Councils' recommendations for the 
2009-10 season. Under the ``liberal'' season length, this regulation is 
expected to result in a harvest of 643,388 pintails and an expected 
breeding population estimate (corrected scale) of 4.02 million in 2010.
    Regarding the Mississippi Flyway Council's recommendation to 
evaluate the performance of the prescribed strategy for managing 
harvest of northern pintails, we have previously provided such 
information and remain committed to implementation of a derived 
strategy for pintail harvest management next year. This strategy would 
replace the current prescriptive strategy that has been used for 
pintails since 1997. In order for the implementation of the new derived 
strategy to be successful, the Service and Flyway Councils must reach 
agreement on several key issues. These issues include: (1) 
determination of the harvest management objective, (2) identification 
of any constraints that would be included in the strategy (e.g., 
closure constraint), and (3) a decision regarding specific inclusion of 
a harvest allocation process. We will make technical information 
regarding these three aspects of the derived strategy available at the 
December 2009 AHM Working Group Meeting, with additional discussion at 
the 2010 February SRC meeting in Denver, followed by Flyway Council 
consideration at their 2010 winter meetings.

vi. Scaup

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

vii. Mottled Ducks

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

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

viii. Wood Ducks

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

4. Canada Geese

B. Regular Seasons

    Council Recommendations: The Atlantic Flyway Council forwarded two 
recommendations concerning Canada geese. First, the Council recommended 
the establishment of an operational season in Back Bay, Virginia. The 
season frameworks would be aligned with the harvest regulations in the 
adjacent Atlantic Population (AP) Zone (currently a 45-day season with 
a 2-bird daily bag limit). The Council also recommended that the 
Service allow a 7-day season with a 1-bird daily bag limit in the 
Northeast Goose Zone of North Carolina with framework dates of the 
Saturday prior to December 25 to January 31.
    The Upper- and Lower-Region Regulations Committees of the 
Mississippi Flyway Council recommended that the season length in 
Louisiana be extended from 16 to 44 days and that the daily bag limit 
of 1 per day be included in an aggregate dark goose daily bag limit of 
2 per day, with no more than 1 Canada goose. The Committees also 
recommended extending the goose season in Ohio from 70 to 74 days.
    The Pacific Flyway Council recommended reducing quotas for dusky 
Canada geese in Washington to 45 (from 85) and in Oregon to 90 (from 
165) and lengthening the season in California's Sacramento Valley 
Special Management Area (West) to allow it to begin concurrently with 
the general goose season and change the name by removing the 
``(West)''.
    Service Response: We support the Atlantic Flyway's recommendations 
for operational Canada goose seasons in Back Bay, Virginia, and the 
Northeast Goose Zone in North Carolina. Although results of the recent 
experimental seasons show that migrant goose harvest was greater than 
10 percent, we recognize that both of those experimental seasons were 
within the existing frameworks for AP, North Atlantic Population (NAP), 
and Southern James Bay Population (SJBP) goose regular seasons. We also 
recognize that these seasons, and the harvest expected to result from 
them, are allowable under the current hunt plan guidelines established 
in the Flyway Management Plans for AP, NAP, SJBP, and resident Canada 
geese.
    We also support the Mississippi Flyway Council's proposals to 
lengthen the season in Louisiana and Ohio. With regard to the goose 
population involved in Louisiana, the 2009 mid-winter estimate for the 
Tall Grass Prairie Population (TGPP) was 310,000, which, although much 
lower than previous years, remains above the 250,000 population 
objective. We note that harvest rate on this population is relatively 
low and Louisiana harvest is very small, averaging 1,710 in 1999-2005 
during 9-day seasons and 1,480 in 2006-08 during 16-day seasons. 
Louisiana further estimates that extending the season length to 44 days 
will likely increase the harvest to possibly twice current levels. 
However, while the extended season would allow increased opportunity to 
take Canada geese, Louisiana believes that aggregating the daily bag 
limit with white-fronted geese would moderate the increased harvest of 
Canada geese and possibly reduce the harvest pressure on white-fronted 
geese.
    Regarding dusky Canada geese, the annual population index based on 
the breeding pair survey on the Copper River Delta is 6,709, a decrease 
from the previous year's index of 9,152. The 3-year average index is 
8,682. This decline triggers implementation of further measures of 
protection for this population as described under Action level 2 in the 
management plan. Based on the harvest strategy in the management plan, 
we support the Council recommendations to further reduce the quotas 
assigned to Washington (to 45) and Oregon (to 90) and instituting other 
management actions identified for Action level 2. We note that the 
status of dusky Canada geese continues to be a matter of concern. 
Harvest restrictions have been in place to protect these geese 
throughout their range since the 1970's. We continue to support the 
harvest strategy described in the 2008 management plan for this 
population.
    We also concur with the Pacific Flyway Council's recommendation 
regarding the Sacramento Valley Special Management Area (West) in 
California. Created in 1975, the zone was a closure area for Canada 
geese to protect the then-endangered Aleutian Canada goose. Over the 
decades, the boundaries and specifics of the zone evolved to manage 
harvest of cackling Canada geese and Pacific white-fronted geese when 
those populations were at low levels. Given the current status of 
Aleutian and cackling Canada geese and Pacific white-fronted geese, we 
view this change as relatively minor and administrative in nature and 
do not expect the change to impact populations (see further discussion 
under 5. White-fronted Geese).

5. White-fronted Geese

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

[[Page 48826]]

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

6. Brant

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

7. Snow and Ross's (Light) Geese

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

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). A scoping report 
summarizing the scoping comments and scoping meetings is available by 
either writing to the street address indicated under ADDRESSES or by 
viewing 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 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 the Section 
7 Consultation on the Proposed 2009-10 Migratory Game Bird Hunting 
Regulations (dated August 24, 2009). The consultation concluded that 
the 2009-10 regulations are not likely to jeopardize the continued 
existence of either the whooping crane or Steller's eider. To prevent 
take of whooping cranes, the Contingency Plan for Federal-State 
Cooperative Protection of whooping cranes provides a protective program 
in thirteen States. In addition, the State of Kansas will implement 
specific restrictions to avoid accidental shootings. To prevent take of 
Steller's eiders, the 2009-10 regulations include the continued 
implementation of measures initiated and outlined under the 2009 Alaska 
migratory bird subsistence regulations. These measures include Service 
initiated conservation measures that increase migratory bird hunter 
outreach prior to the opening of the hunting season, increased Service 
enforcement of migratory bird regulations, and conducting in-season 
harvest verification of Steller's eider mortality and injury. 
Additionally, any modifications resulting from this consultation may 
have caused modification of some regulatory measures previously 
proposed. The final frameworks reflect any modifications. Our 
biological opinions resulting from this section 7 consultation are 
public documents available for public inspection in the Service's 
Division of Endangered Species and Division of Migratory Bird 
Management, at the street 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.

[[Page 48827]]

    (d) Whether the rule raises novel legal or policy issues.
    An economic analysis was prepared for the 2008-09 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 2007-08 season, (2) Issues moderate 
regulations allowing more days than those in alternative 1, and (3) 
Issue liberal regulations identical to the regulations in the 2007-08 
season. For the 2008-09 season, we chose alternative 3, with an 
estimated consumer surplus across all flyways of $205-$270 million. For 
the upcoming 2009-10 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 2008-09 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, 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 street 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 it 
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 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

[[Page 48828]]

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 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.


    Dated: September 10, 2009.
Thomas L. Strickland,
Assistant Secretary for Fish and Wildlife and Parks.

PART 20 C [AMENDED]

    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.

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

    Pursuant to the Migratory Bird Treaty Act and delegated 
authorities, the Department has approved the following frameworks for 
season lengths, shooting hours, bag and possession limits, and outside 
dates within which States may select seasons for hunting waterfowl and 
coots between the dates of September 1, 2009, and March 10, 2010.

General

    Dates: All outside dates noted below are inclusive.
    Shooting and Hawking (taking by falconry) Hours: Unless otherwise 
specified, from one-half hour before sunrise to sunset daily.
    Possession Limits: Unless otherwise specified, possession limits 
are twice the daily bag limit.

Flyways and Management Units

Waterfowl Flyways:

    Atlantic Flyway--includes Connecticut, Delaware, Florida, Georgia, 
Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, 
North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, 
Virginia, and West Virginia.
    Mississippi Flyway--includes Alabama, Arkansas, Illinois, Indiana, 
Iowa, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, 
Ohio, Tennessee, and Wisconsin.
    Central Flyway--includes Colorado (east of the Continental Divide), 
Kansas, Montana (Counties of Blaine, Carbon, Fergus, Judith Basin, 
Stillwater, Sweetgrass, Wheatland, and all counties east thereof), 
Nebraska, New Mexico (east of the Continental Divide except the 
Jicarilla Apache Indian Reservation), North Dakota, Oklahoma, South 
Dakota, Texas, and Wyoming (east of the Continental Divide).
    Pacific Flyway--includes Alaska, Arizona, California, Idaho, 
Nevada, Oregon, Utah, Washington, and those portions of Colorado, 
Montana, New Mexico, and Wyoming not included in the Central Flyway.

Management Units:

    High Plains Mallard Management Unit--roughly defined as that 
portion of the Central Flyway that lies west of the 100th meridian.

Definitions:

    For the purpose of hunting regulations listed below, the collective 
terms ``dark'' and ``light'' geese include the following species:
    Dark geese: Canada geese, white-fronted geese, brant (except in 
California, Oregon, Washington, and the Atlantic Flyway), and all other 
goose species except light geese.
    Light geese: snow (including blue) geese and Ross' geese.
    Area, Zone, and Unit Descriptions: Geographic descriptions related 
to late-season regulations are contained in a later portion of this 
document.
    Area-Specific Provisions: Frameworks for open seasons, season 
lengths, bag and possession limits, and other special provisions are 
listed below by Flyway.

Waterfowl Seasons in the Atlantic Flyway

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

Special Youth Waterfowl Hunting Days

    Outside Dates: States may select 2 consecutive days (hunting days 
in Atlantic Flyway States with compensatory days) per duck-hunting 
zone, designated as ``Youth Waterfowl Hunting Days,'' in addition to 
their regular duck seasons. The days must be held outside any regular 
duck season on a weekend, holiday, or other non-school day when youth 
hunters would have the maximum opportunity to participate. The days may 
be held up to 14 days before or after any regular duck-season 
frameworks or within any split of a regular duck season, or within any 
other open season on migratory birds.
    Daily Bag Limits: The daily bag limits may include ducks, geese, 
tundra swans, mergansers, coots, moorhens, and gallinules and would be 
the same as those allowed in the regular season. Flyway species and 
area restrictions would remain in effect.
    Shooting Hours: One-half hour before sunrise to sunset.
    Participation Restrictions: Youth hunters must be 15 years of age 
or younger. In addition, an adult at least 18

[[Page 48829]]

years of age must accompany the youth hunter into the field. This adult 
may not duck hunt but may participate in other seasons that are open on 
the special youth day. Tundra swans may only be taken by participants 
possessing applicable tundra swan permits.

Atlantic Flyway

Ducks, Mergansers, and Coots
    Outside Dates: Between the Saturday nearest September 24 (September 
26) and the last Sunday in January (January 31).
    Hunting Seasons and Duck Limits: 60 days. The daily bag limit is 6 
ducks, including no more than 4 mallards (2 hens), 1 black duck, 1 
pintail, 1 mottled duck, 1 fulvous whistling duck, 3 wood ducks, 2 
redheads, 2 scaup, 1 canvasback, and 4 scoters.
    Closures: The season on harlequin ducks is closed.
    Sea Ducks: Within the special sea duck areas, during the regular 
duck season in the Atlantic Flyway, States may choose to allow the 
above sea duck limits in addition to the limits applying to other ducks 
during the regular duck season. In all other areas, sea ducks may be 
taken only during the regular open season for ducks and are part of the 
regular duck season daily bag (not to exceed 4 scoters) and possession 
limits.
    Merganser Limits: The daily bag limit of mergansers is 5, only 2 of 
which may be hooded mergansers. In States that include mergansers in 
the duck bag limit, the daily limit is the same as the duck bag limit, 
only two of which may be hooded mergansers.
    Coot Limits: The daily bag limit is 15 coots.
    Lake Champlain Zone, New York: The waterfowl seasons, limits, and 
shooting hours shall be the same as those selected for the Lake 
Champlain Zone of Vermont.
    Connecticut River Zone, Vermont: The waterfowl seasons, limits, and 
shooting hours shall be the same as those selected for the Inland Zone 
of New Hampshire.
    Zoning and Split Seasons: Delaware, Florida, Georgia, Maryland, 
North Carolina, Rhode Island, South Carolina, and Virginia may split 
their seasons into three segments; Connecticut, Maine, Massachusetts, 
New Hampshire, New Jersey, New York, Pennsylvania, Vermont, and West 
Virginia may select hunting seasons by zones and may split their 
seasons into two segments in each zone.
Canada Geese
    Season Lengths, Outside Dates, and Limits: Specific regulations for 
Canada geese are shown below by State. These seasons also include 
white-fronted geese. Unless specified otherwise, seasons may be split 
into two segments. In areas within States where the framework closing 
date for Atlantic Population (AP) goose seasons overlaps with special 
late-season frameworks for resident geese, the framework closing date 
for AP goose seasons is January 14.

Connecticut:

    North Atlantic Population (NAP) Zone: Between October 1 and January 
31, a 60-day season may be held with a 2-bird daily bag limit.
    Atlantic Population (AP) Zone: A 45-day season may be held between 
the fourth Saturday in October (October 24) and January 31, with a 3-
bird daily bag limit.
    South Zone: A special season may be held between January 15 and 
February 15, with a 5-bird daily bag limit.
    Resident Population (RP) Zone: An 80-day season may be held between 
October 1 and February 15, with a 5-bird daily bag limit. The season 
may be split into 3 segments.
    Delaware: A 45-day season may be held between November 15 and 
January 31, with a 2-bird daily bag limit.
    Florida: An 80-day season may be held between November 15 and 
February 15, with a 5-bird daily bag limit. The season may be split 
into 3 segments.
    Georgia: In specific areas, an 80-day season may be held between 
November 15 and February 15, with a 5-bird daily bag limit. The season 
may be split into 3 segments.
    Maine: A 60-day season may be held Statewide between October 1 and 
January 31, with a 2-bird daily bag limit.

Maryland:

    RP Zone: An 80-day season may be held between November 15 and March 
10, with a 5-bird daily bag limit. The season may be split into 3 
segments.
    AP Zone: A 45-day season may be held between November 15 and 
January 31, with a 2-bird daily bag limit.

Massachusetts:

    NAP Zone: A 60-day season may be held between October 1 and January 
31, with a 2-bird daily bag limit. Additionally, a special season may 
be held from January 15 to February 15, with a 5-bird daily bag limit.
    AP Zone: A 45-day season may be held between October 20 and January 
31, with a 3-bird daily bag limit.
    New Hampshire: A 60-day season may be held statewide between 
October 1 and January 31, with a 2-bird daily bag limit.

New Jersey:

    Statewide: A 45-day season may be held between the fourth Saturday 
in October (October 24) and January 31, with a 3-bird daily bag limit.
    Special Late Goose Season Area: An experimental season may be held 
in designated areas of North and South New Jersey from January 15 to 
February 15, with a 5-bird daily bag limit.

New York:

    NAP Zone: Between October 1 and January 31, a 60-day season may be 
held, with a 2-bird daily bag limit in the High Harvest areas; and 
between October 1 and February 15, a 70-day season may be held, with a 
3-bird daily bag limit in the Low Harvest areas.
    Special Late Goose Season Area: An experimental season may be held 
between January 15 and February 15, with a 5-bird daily bag limit in 
designated areas of Chemung, Delaware, Tioga, Broome, Sullivan, 
Westchester, Nassau, Suffolk, Orange, Dutchess, Putnam, and Rockland 
Counties.
    AP Zone: A 45-day season may be held between the fourth Saturday in 
October (October 24), except in the Lake Champlain Area where the 
opening date is October 20, and January 31, with a 3-bird daily bag 
limit.
    Western Long Island RP Zone: An 80-day season may be held between 
October 1 and February 15, with a 5-bird daily bag limit. The season 
may be split into 3 segments.
    Rest of State RP Zone: An 80-day season may be held between the 
fourth Saturday in October (October 24) and March 10, with a 5-bird 
daily bag limit. The season may be split into 3 segments.

North Carolina:

    SJBP Zone: A 70-day season may be held between October 1 and 
December 31, with a 5-bird daily bag limit.
    RP Zone: An 80-day season may be held between October 1 and March 
10, with a 5-bird daily bag limit. The season may be split into 3 
segments.
    Northeast Hunt Unit: A 7-day season may be held between the 
Saturday prior to December 25 (December 19) and January 31, with a 1-
bird daily bag limit.

Pennsylvania:

    SJBP Zone: A 70-day season may be held between the second Saturday 
in October (October 10) and February 15, with a 3-bird daily bag limit.
    RP Zone: An 80-day season may be held between the fourth Saturday 
in October (October 24) and March 10, with a 5-bird daily bag limit. 
The season may be split into 3 segments.

[[Page 48830]]

    AP Zone: A 45-day season may be held between the fourth Saturday in 
October (October 24) and January 31, with a 3-bird daily bag limit.
    Rhode Island: A 60-day season may be held between October 1 and 
January 31, with a 2-bird daily bag limit. An experimental season may 
be held in designated areas from January 15 to February 15, with a 5-
bird daily bag limit.
    South Carolina: In designated areas, an 80-day season may be held 
during November 15 to February 15, with a 5-bird daily bag limit. The 
season may be split into 3 segments.
    Vermont: A 45-day season may be held between October 20 and January 
31 with a 3-bird daily bag limit in the Lake Champlain Zone and 
Interior Zone. A 60-day season may be held in the Connecticut River 
Zone between October 1 and January 31, with a 2-bird daily bag limit.

Virginia:

    SJBP Zone: A 40-day season may be held between November 15 and 
January 14, with a 3-bird daily bag limit. Additionally, an 
experimental season may be held between January 15 and February 15, 
with a 5-bird daily bag limit.
    AP Zone: A 45-day season may be held between November 15 and 
January 31, with a 2-bird daily bag limit.
    RP Zone: An 80-day season may be held between November 15 and March 
10, with a 5-bird daily bag limit. The season may be split into 3 
segments.
    West Virginia: An 80-day season may be held between October 1 and 
January 31, with a 5-bird daily bag limit. The season may be split into 
2 segments in each zone.
Light Geese
    Season Lengths, Outside Dates, and Limits: States may select a 107-
day season between October 1 and March 10, with a 15-bird daily bag 
limit and no possession limit. States may split their seasons into 
three segments.
Brant
    Season Lengths, Outside Dates, and Limits: States may select a 50-
day season between the Saturday nearest September 24 (September 26) and 
January 31, with a 2-bird daily bag limit. States may split their 
seasons into two segments.

Mississippi Flyway

Ducks, Mergansers, and Coots
    Outside Dates: Between the Saturday nearest September 24 (September 
26) and the last Sunday in January (January 31).
    Hunting Seasons and Duck Limits: The season may not exceed 60 days, 
with a daily bag limit of 6 ducks, including no more than 4 mallards 
(no more than 2 of which may be females), 1 mottled duck, 1 black duck, 
1 pintail, 3 wood ducks, 1 canvasback, 2 scaup, and 2 redheads.
    Merganser Limits: The daily bag limit is 5, only 2 of which may be 
hooded mergansers. In States that include mergansers in the duck bag 
limit, the daily limit is the same as the duck bag limit, only 2 of 
which may be hooded mergansers.
    Coot Limits: The daily bag limit is 15 coots.
    Zoning and Split Seasons: Alabama, Illinois, Indiana, Iowa, 
Kentucky, Louisiana, Michigan, Minnesota, Missouri, Ohio, Tennessee, 
and Wisconsin may select hunting seasons by zones.
    In Alabama, Indiana, Iowa, Kentucky, Louisiana, Michigan, 
Minnesota, Ohio, Tennessee, and Wisconsin, the season may be split into 
two segments in each zone.
    In Arkansas and Mississippi, the season may be split into three 
segments.
Geese
    Split Seasons: Seasons for geese may be split into three segments.
    Season Lengths, Outside Dates, and Limits: States may select 
seasons for light geese not to exceed 107 days, with 20 geese daily 
between the Saturday nearest September 24 (September 26) and March 10; 
for white-fronted geese not to exceed 72 days with 2 geese daily or 86 
days with 1 goose daily between the Saturday nearest September 24 
(September 26) and the Sunday nearest February 15 (February 14); and 
for brant not to exceed 70 days, with 2 brant daily or 107 days with 1 
brant daily between the Saturday nearest September 24 (September 26) 
and January 31. There is no possession limit for light geese. Specific 
regulations for Canada geese and exceptions to the above general 
provisions are shown below by State. Except as noted below, the outside 
dates for Canada geese are the Saturday nearest September 24 (September 
26) and January 31.
    Alabama: In the SJBP Goose Zone, the season for Canada geese may 
not exceed 70 days. Elsewhere, the season for Canada geese may extend 
for 70 days in the respective duck-hunting zones. The daily bag limit 
is 2 Canada geese.
    Arkansas: In the Northwest Zone, the season for Canada geese may 
extend for 50 days. In the remainder of the State, the season may not 
exceed 40 days. The season may extend to February 15. The daily bag 
limit is 2 Canada geese.
    Illinois: The season for Canada geese may extend for 85 days in the 
North and Central Zones and 66 days in the South Zone. The daily bag 
limit is 2 Canada geese.
    Indiana: The season for Canada geese may extend for 74 days. The 
daily bag limit is 2 Canada geese.
    Late Canada Goose Season Zone -- An experimental special Canada 
goose season of up to 15 days may be held during February 1-15. During 
this special season the daily bag limit cannot exceed 5 Canada geese.
    Iowa: The season for Canada geese may extend for 90 days. The daily 
bag limit is 2 Canada geese.

Kentucky:

    (a) Western Zone--The season for Canada geese may extend for 70 
days (85 days in Fulton County). The season in Fulton County may extend 
to February 15. The daily bag limit is 2 Canada geese.
    (b) Pennyroyal/Coalfield Zone--The season may extend for 70 days. 
The daily bag limit is 2 Canada geese.
    (c) Remainder of the State--The season may extend for 70 days. The 
daily bag limit is 2 Canada geese.
    Louisiana: The season for Canada geese may extend for 44 days. The 
daily bag limit is 1 Canada goose.

Michigan:

    (a) North Zone - The framework opening date for all geese is 
September 16 and the season for Canada geese may extend for 45 days. 
The daily bag limit is 2 Canada geese.
    (b) Middle Zone - The framework opening date for all geese is 
September 16 and the season for Canada geese may extend for 45 days. 
The daily bag limit is 2 Canada geese.
    (c) South Zone - The framework opening date for all geese is 
September 16 and the season for Canada geese may extend for 45 days. 
The daily bag limit is 2 Canada geese.
    (1) Allegan County and Muskegon Wastewater GMU - The framework 
opening date for all geese is September 16 and the season for Canada 
geese may extend for 45 days. The daily bag limit is 2 Canada geese.
    (2) Saginaw County and Tuscola/Huron GMUs - The framework opening 
date for all geese is September 16 and the season for Canada geese may 
extend for 45 days through December 30 and an additional 30 days may be 
held between December 31 and February 7. The daily bag limit is 2 
Canada geese.
    (d) Southern Michigan Late Season Canada Goose Zone--A 30-day 
special Canada goose season may be held between December 31 and 
February 7.

[[Page 48831]]

The daily bag limit may not exceed 5 Canada geese.

Minnesota:

(a)