Migratory Bird Hunting; Final Frameworks for Early-Season Migratory Bird Hunting Regulations, 52873-52890 [2010-21375]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Rules and Regulations]
[Pages 52873-52890]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21375]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[Docket No. FWS-R9-MB-2010-0040; 91200-1231-9BPP-L2]
RIN 1018-AX06


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 2010-11 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 takes effect on August 30, 2010.

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 https://www.regulations.gov at Docket No. FWS-R9-MB-
2010-0040.

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 2010

    On May 13, 2010, we published in the Federal Register (75 FR 27144) 
a proposal to amend 50 CFR part 20. The proposal provided a background 
and overview of the migratory bird hunting regulations process, and 
addressed 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 2010-11 
regulatory cycle relating to open public meetings and Federal Register 
notifications were also identified in the May 13 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 
omit those items requiring no attention, and remaining numbered items 
might be discontinuous or appear incomplete.
    On June 10, 2010, we published in the Federal Register (75 FR 
32872) a second document providing supplemental proposals for early- 
and late-season migratory bird hunting regulations. The June 10 
supplement also provided information on the 2010-11 regulatory schedule 
and announced the Service Regulations Committee (SRC) and summer Flyway 
Council meetings.
    On June 23 and 24, 2010, we held open meetings with the Flyway 
Council Consultants where the participants reviewed information on the 
current status of migratory shore and upland game birds and developed 
recommendations for the 2010-11 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 2010-11 regular 
waterfowl seasons.
    On July 29, 2010, we published in the Federal Register (75 FR 
44856) a third document specifically dealing with the proposed 
frameworks for early-season regulations. We published the proposed 
frameworks for late-season regulations (primarily hunting seasons that 
start after October 1 and most waterfowl seasons not already 
established) in an August 25, 2010, Federal Register.
    This document is the fifth 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 2010-11 season. These selections will be 
published in the Federal Register as

[[Page 52874]]

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 May 13 
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 May 13 proposed rule. 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: Several individual commenters protested the 
entire migratory bird hunting regulations process, the killing of all 
migratory birds, the Flyway Council process and the abbreviated public 
comment periods associated with these rules.
    The Animal Legal Defense Fund (ALDF) urged us to reduce bag limits 
and institute a hunting moratorium for those species potentially 
affected by the Deepwater Horizon oil spill.
    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.
    Regarding the use of abbreviated public comment periods for these 
rules, 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 in May, 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. Any delays in either 
extending public comment periods or in the effective date of these 
regulations after this final rulemaking would seriously compromise the 
States abilities to implement these decisions. 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.
    Regarding the Deepwater Horizon oil spill, the release of oil into 
the Gulf of Mexico following the explosion and sinking of the Deepwater 
Horizon mobile offshore drilling unit and impacts to Gulf wetlands and 
wildlife has led to concerns about the potential for increased 
mortality in waterfowl and other migratory game birds, particularly in 
the fall and winter when local populations increase. This potential for 
increased mortality of migrating and wintering game birds has led to 
further questions regarding the need to impose precautionary regulatory 
restrictions in anticipation of increased spill-related mortality. 
However, it is important to remember that waterfowl migration and 
habitat use are highly variable from year to year, not only at the 
Flyway level but at regional and local levels, and dependent on any 
number of environmental factors. It is also important to recognize that 
populations of many species of North American waterfowl naturally 
undergo large population fluctuations in response to variability in 
breeding habitat conditions across their range, especially within the 
important prairie-parkland region. In fact, during the drought-stricken 
years of the 1980s and early 1990s, many North American waterfowl 
species declined to population sizes less than one-half those recently 
experienced as a result of natural declines in productivity and ongoing 
mortality.
    Fortunately, waterfowl management has a rich and successful history 
of monitoring and assessment programs which provide annual updates on 
the status and health of waterfowl populations. Programs such as the 
May aerial breeding population survey, the continental bird banding 
program, the mid-winter waterfowl surveys, and the hunter harvest 
surveys, among others, all provide important pieces of information on 
the population status, productivity, and distribution of important 
waterfowl species. These data are integral in the process of 
establishing hunting regulations for waterfowl and other migratory game 
birds. Through the Adaptive Harvest Management process we currently 
utilize to establish waterfowl seasons, and other associated species-
specific harvest strategies, monitoring and assessment data are 
explicitly linked to regulatory decision making, ensuring that 
appropriate regulatory actions will be taken if warranted by changes in 
continental population status. Therefore, from both a National and 
Flyway harvest-management perspective, we intend to respond to the 
Deepwater Horizon oil spill as we would any other non-hunting factor 
with potentially substantial effects on mortality or reproduction 
(e.g., hurricane, disease, prairie drought, habitat loss), by 
monitoring abundance and vital rates of waterfowl and other migratory 
game birds and adjusting harvest regulations as needed on the basis of 
existing harvest strategies. We believe this is the most prudent course 
of action, and further, firmly believe that our existing monitoring and 
assessment programs are sufficient to help safeguard the long-term 
conservation of any potentially-affected waterfowl or other migratory 
game birds.
    Recently obtained results of annual spring waterfowl population 
surveys indicate that population sizes of most duck species and 
breeding habitat conditions are good this year. While we believe that 
regulatory restrictions are currently unnecessary, we remain very 
concerned about both the short and long-term impacts of the oil spill 
on migratory birds, their habitats, and the resources upon which birds 
depend. There remains considerable uncertainty regarding the short-term 
and long-term impacts this spill will have on waterfowl and other 
migratory game birds that utilize the impacted region during all or 
part of their annual life cycle. We have been heavily engaged in the 
immediate response to the BP oil

[[Page 52875]]

spill. The intent of these efforts is to document and minimize impacts 
to natural resources including migratory birds and their habitats. 
Large-scale efforts to influence bird migration and distribution at the 
flyway-level are likely fruitless given the importance of weather and 
photoperiod on the timing and speed of bird migrations. It is possible 
that re-distribution of birds at smaller scales could help reduce some 
oil exposure. Working with conservation partners, we are preparing to 
implement a range of on-the-ground habitat conservation or management 
measures near the oil-impact area intended to minimize the entrance of 
oil into managed habitats along the Gulf and to enhance the 
availability of food resources outside the oil impact area. The 
provision of additional, reliable food sources could also help buffer 
against the worst-case scenario of an early winter in northern portions 
of the Mississippi and Central Flyways and dry habitat conditions in 
the northern Mississippi Alluvial Valley that would result in large 
wintering waterfowl populations along the Gulf Coast. We are working 
with partners to determine what portion of these projects should be 
available as ``sanctuary'' (areas closed to hunting) to encourage bird 
use of these areas and minimize redistribution due to disturbance.
    Simultaneous with immediate response efforts, we are also working 
with partners to assess potential pathways for long-term acute and sub-
lethal effects of the BP oil spill on the full suite of migratory birds 
utilizing Gulf (or other impacted) habitats during some portion of 
their life cycle. Effects may result from direct exposure of birds to 
oil or to the long-term accumulation of polycyclic aromatic 
hydrocarbons or other toxins at levels sufficient to cause 
physiological disorders impacting productivity or survival. The intent 
of this assessment is to assist in identifying potential mitigation and 
conservation measures as well as long-term monitoring and assessment 
needs for migratory birds.
    Regardless of the eventual impact of the BP oil spill on migratory 
game birds, we recognize the importance of working with the States as 
well as other governmental and non-governmental conservation partners 
to ensure that reasonable and science-based measures are implemented in 
the face of the ongoing crisis in the Gulf, and that the rationale for 
decisions regarding harvest regulations or other actions are clearly 
communicated to the public. We will continue to do so.

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 correspond to previously 
published issues/discussions, and only those containing substantial 
recommendations are discussed below.
D. Special Seasons/Species Management
i. Special Teal Seasons
    Council Recommendations: The Upper-Region Regulations Committee of 
the Mississippi Flyway Council recommended that the Service explore 
options for providing production States an opportunity to harvest teal 
outside the regular duck season frameworks as part of the teal season 
assessment that is currently being conducted.
    Service Response: Last year, we noted that an assessment of the 
cumulative effects of all teal harvest, including harvest during 
special September seasons, had never been conducted. As such, we 
committed to a thorough assessment of the harvest potential 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 
requested that the Atlantic, Mississippi, and Central Flyway Councils 
designate representatives to assist Service staff with the technical 
aspects of these assessments. Our goal is to complete this important 
assessment work within 3 years.
    The Mississippi Flyway Council's request to include an assessment 
of potential teal harvest opportunities for production States in the 
ongoing teal assessment, and the additional work associated with this 
request, would likely delay the completion of our original task. As we 
noted above, the original purpose of this assessment was to assess the 
harvest potential of the three teal species. The Council's request 
would entail not only an evaluation of the potential effects of 
production States' teal harvest on those species, but the possibility 
of impacts to nontarget species as well. However, we understand the 
production States' concern about teal harvest opportunities. Therefore, 
we will compile information and analyses from historic reports that 
address teal seasons and, particularly, issues related to duck harvests 
from production and non-production States, and provide them to the 
Flyways for consideration during the upcoming winter flyway meetings. 
The intent of this review would be to summarize historical analyses and 
dialogue regarding the issue of early-season teal harvest opportunities 
in production States and provide a common understanding of the issues 
that would have to be reconsidered to fully address the Mississippi 
Flyway Council's recommendation. With this information, the Flyways 
could more fully assess how they may want to approach teal harvest 
opportunities for their States in the future, following completion of 
the current teal assessment.
    Regarding the regulations for this year, utilizing the criteria 
developed for the teal season harvest strategy, this year's estimate of 
6.3 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 2010.

4. Canada Geese

A. Special Seasons
    Council Recommendations: The Mississippi Flyway Council recommended 
that the closing date for the September Canada goose season in 
Minnesota be September 22 Statewide.
    The Central Flyway Council recommended that we increase the daily 
bag limit framework from 5 to 8 for the Central Flyway States of South 
Dakota, Nebraska, Kansas, and Oklahoma during the Special Early Canada 
Goose hunting season.
    Service Response: We agree with the Mississippi Flyway Council's 
recommendation to extend Minnesota's framework closing date for their 
September Canada goose season to September 22. In 2007, Minnesota began 
a 3-year experiment to assess the proportion of migrant geese harvested 
during September 16-22 in the Northwest Goose Zone. The remainder of 
Minnesota already has an operational September goose season that 
extends from September 1 through 22. Results from the 3-year 
experimental season evaluation showed that migrant geese comprised 7 
percent of the Canada goose harvest in the Northwest Goose Zone during 
September 16-22, below the 10 percent threshold level established by 
the Service for allowing special early Canada goose seasons. This 
result is consistent with the proportion of migrant geese harvested in 
other areas of Minnesota (< 5 percent) during September 16-22. Further, 
goose harvest (an average of 1,369 additional geese) in the Northwest 
Goose Zone during the experimental season extension

[[Page 52876]]

(September 16-22) represents 1.5 percent of the total Statewide 
September season goose harvest. We note that the Minnesota giant Canada 
goose population remains at high levels throughout the State with 
spring breeding population estimates averaging 313,425 over the past 5 
years. Thus, we concur with the Council that the season extension in 
the Northwest Goose Zone meets our special September Canada goose 
season criteria; allows for uniform, Statewide season dates in 
Minnesota (September 1-22) in order to simplify current hunting 
regulations; and appears to have negligible impacts on migrant Canada 
geese.
    We also agree with the Central Flyway Council's request to increase 
the Canada goose daily bag limit in South Dakota, Nebraska, Kansas, and 
Oklahoma. The Special Early Canada Goose hunting season is generally 
designed to reduce or control overabundant resident Canada geese 
populations. Increasing the daily bag limit from 5 to 8 may help these 
States reduce or control existing high populations of resident Canada 
geese.
B. Regular Seasons
    Council Recommendations: 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, 2010.
    Service Response: We concur. Michigan, beginning in 1998, and 
Wisconsin, beginning in 1989, have opened their regular Canada goose 
seasons prior to the Flyway-wide framework opening date to address 
resident goose management concerns in these States. As we have 
previously stated (73 FR 50678, August 27, 2008), 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 a sandhill crane hunting season for mid-
continent sandhill cranes in northwest Minnesota in 2010, following 
guidelines outlined in the 2006 Cooperative Management Plan for the 
Mid-Continent Population (MCP) of sandhill cranes.
    The Central and Pacific Flyway Councils recommend using the 2010 
Rocky Mountain Population (RMP) sandhill crane harvest allocation of 
1,979 birds as proposed in the allocation formula using the 2007-09 3-
year running average.
    The Pacific Flyway Council recommended initiating a limited hunt 
for Lower Colorado River Valley Population (LCRVP) of sandhill cranes 
in Arizona with a goal of a limited harvest of 9 cranes during the 
2010-11 hunting season. Arizona will issue permits to hunters and 
require mandatory check-in of all harvested cranes. The Service 
previously approved the hunt in 2007.
    Service Response: In 2006, the Management Plan for MCP sandhill 
cranes was revised and endorsed by the Central, Mississippi, and 
Pacific Flyway Councils. Guidelines in the Plan recommended that the 
MCP continue to be managed as a single population and management at a 
smaller scale (i.e., breeding affiliation or subpopulation level) was 
not warranted at that time. We note that the Plan clearly recognized 
sandhill cranes breeding and staging in NW Minnesota as part of the 
mid-continent population. Further, the current population index for MCP 
cranes was 498,400 in 2009, above the current population objective 
range of 349,000-472,000 cranes. As the proposed new hunt in northwest 
Minnesota would conform to guidelines from the Management Plan and 
sandhill crane hunting frameworks to be established for MCP cranes in 
the Mississippi Flyway, we agree with the Councils' recommendations to 
establish this new season. Based on sandhill crane hunter numbers and 
harvest in other States in the Central Flyway, the small size of the 
hunting zone proposed in Minnesota, and the low hunter density in this 
region of Minnesota, we expect hunter numbers and crane harvest to be 
relatively low (< 500 of each).
    We also agree with the Councils' recommendations on the RMP 
sandhill crane harvest allocation of 1,939 birds for the 2010-11 
season, as outlined in the RMP sandhill crane management plan's harvest 
allocation formula. The objective for the RMP sandhill crane is to 
manage for a stable population index of 17,000-21,000 cranes determined 
by an average of the three most recent, reliable September (fall pre-
migration) surveys. While this year's survey counted 20,321 birds, a 
decrease from the previous year's count of 21,156 birds, the 3-year 
average for the RMP sandhill crane fall index is 21,433.
    Regarding the proposed limited hunt for LCRVP cranes in the Arizona 
hunt, in 2007, the Pacific Flyway Council recommended, and we approved, 
the establishment of a limited hunt for the LCRVP sandhill cranes in 
Arizona (72 FR 49622, August 28, 2007). 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 in 2008 to 
begin conducting the hunt. We again approved the limited hunt (73 FR 
50678, August 27, 2008). However, due to complications encountered with 
the proposed onset of this new season falling within ongoing efforts to 
open new hunting seasons on federal National Wildlife Refuges, the 
experimental limited hunt season was not opened in 2008. As such, last 
year the State of Arizona requested that 2009-12 be designated as the 
new experimental season and 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 2,264 
birds in 2009, and that the 3-year average of 2,847 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. 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 at https://www.regulations.gov at Docket 
No. FWS-R9-MB-2010-0040 or via the Service's home page at https://www.fws.gov/migratorybirds/CurrentBirdIssues/Management/BirdManagement.html.

14. Woodcock

    Council Recommendations: The Atlantic and Mississippi Flyway 
Councils recommended adoption of the Interim American Woodcock Harvest 
Strategy for implementation in the 2011-12 hunting season.
    The Central Flyway Council recommended that the interim harvest 
strategy outlined in the Draft American Woodcock Harvest Strategy be 
implemented for a period of 5 years (2011-15).
    Written Comments: The Wisconsin Department of Natural Resources 
supported the interim woodcock harvest strategy.
    Service Response: In 2008, we completed a review of available 
woodcock population databases to assess their utility for developing a 
woodcock harvest strategy.

[[Page 52877]]

Concurrently, we requested that the Atlantic, Mississippi, and Central 
Flyway Councils appoint members to a working group to cooperate with us 
on developing a woodcock harvest strategy. In February 2010, the 
working group completed a draft interim harvest strategy for 
consideration by the Flyway Councils at their March 2010 meetings.
    The working group's draft interim harvest strategy provides a 
transparent framework for making regulatory decisions for woodcock 
season length and bag limit while we work to improve monitoring and 
assessment protocols for this species. While the strategy's objective 
is to set woodcock harvest at a level commensurate with population, 
data limitations preclude accurately assessing harvest potential at 
this time. Thus, the strategy's thresholds for changing regulations are 
based on the premise that further population declines would result in 
decreased harvest, while population increases would allow for 
additional harvest. The working group recommended that the interim 
harvest strategy be implemented for the 2011-12 hunting season, that 
the Service and Flyway Councils evaluate the strategy after 5 years, 
and that we continue to assess the feasibility of developing a derived 
harvest strategy.
    In the May 13 Federal Register, we stated that following review and 
comment by the Flyway Councils, we would announce our intentions 
whether to propose the draft strategy. Given the unanimous Flyway 
Council approval of the working group's draft interim harvest strategy, 
we concurred with the three Flyway Councils and proposed adoption of 
the strategy in the July 29 Federal Register beginning in the 2011-12 
hunting season for a period of 5 years (2011-15). Based on public 
comment, we see no reason not to formally complete the adoption of the 
new interim harvest strategy. Thus, we plan to implement the strategy 
beginning with the 2011-12 hunting season. Specifics of the interim 
harvest strategy can be found at https://www.fws.gov/migratorybirds/NewsPublicationsReports.html.

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 2010-11 mourning dove season in the 
States within the Central Management Unit.
    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.
    Service Response: In 2008, we accepted and endorsed the interim 
harvest strategies for the Central, Eastern, and Western Management 
Units (73 FR 50678, August 27, 2008). 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, they be submitted in 2008 for endorsement by 
the Service, with implementation for the 2009-10 hunting season. Last 
year, for the first time, the interim harvest strategies were 
successfully employed and implemented in all three Management Units (74 
FR 36870, July 24, 2009). This year, based on the 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.

NEPA Consideration

    NEPA considerations are covered by the programmatic document 
``Final Supplemental Environmental Impact Statement: Issuance of Annual 
Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88-
14),'' filed with the Environmental Protection Agency on June 9, 1988. 
We published a notice of availability in the Federal Register on June 
16, 1988 (53 FR 22582). We published our Record of Decision on August 
18, 1988 (53 FR 31341). In addition, an August 1985 environmental 
assessment entitled ``Guidelines for Migratory Bird Hunting Regulations 
on Federal Indian Reservations and Ceded Lands'' is available from the 
address indicated under the caption 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 (SEIS) 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 
released the draft SEIS on July 9, 2010 (75 FR 39577). The draft SEIS 
is available by either writing to the address indicated under ADDRESSES 
or by viewing on our Web site 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.

[[Page 52878]]

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; and (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 
estimated 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) Issue 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. At 
this time, we are proposing no changes to the season frameworks for the 
2010-11 season, and as such, we will again consider these three 
alternatives. However, final frameworks will depend on population 
status information available later this year. 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 at 
Docket No. FWS-R9-MB-2010-0040.

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 Division of Migratory Bird Management 
(see FOR FURTHER INFORMATION CONTACT) or from our Web site at https://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or at https://www.regulations.gov at 
Docket No. FWS-R9-MB-2010-0040.

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. 
However, because this rule establishes hunting seasons, we do not plan 
to defer the effective date under the exemption contained in 5 U.S.C. 
808(1).

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 4/30/2013). 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 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 May 13 Federal Register, we solicited 
proposals for special migratory bird hunting regulations for certain 
Tribes on Federal Indian reservations, off-

[[Page 52879]]

reservation trust lands, and ceded lands for the 2010-11 migratory bird 
hunting season. The resulting proposals were contained in a separate 
proposed rule (75 FR 47682). 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 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 2010-11 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 2010-11 
hunting season are authorized under 16 U.S.C. 703-712 and 16 U.S.C. 
742a-j.

    Dated: August 18, 2010.
Thomas L. Strickland,
Assistant Secretary for Fish and Wildlife and Parks.

Final Regulations Frameworks for 2010-11 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, 2010, and March 10, 
2011.

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

[[Page 52880]]

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 18). 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 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 30 days during September 1-30 may be selected for Connecticut, 
Florida, Georgia, New Jersey, New York (Long Island Zone only), 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, 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.
    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

[[Page 52881]]

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, except in Kansas, 
Nebraska, Oklahoma, and South Dakota, where the bag limit may not 
exceed 8 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 during the 
period September 1-15. This season is subject to the following 
conditions:
    A. Where applicable, the season must be concurrent with the 
September portion of the sandhill crane season.
    B. A daily bag limit of 2, with season and possession limits of 4, 
will apply to the special season.
    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 Mississippi Flyway:
    Outside Dates: Between September 1 and February 28.
    Hunting Seasons: A season not to exceed 37 consecutive days may be 
selected in the designated portion of northwestern Minnesota (Northwest 
Goose Zone).
    Daily Bag Limit: 2 sandhill cranes.
    Permits: Each person participating in the regular sandhill crane 
season must have a valid Federal or State sandhill crane hunting 
permit.
    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:
    A. In Utah, 100 percent of the harvest will be assigned to the RMP 
quota;
    B. In Arizona, monitoring the racial composition of the harvest 
must be conducted at 3-year intervals;
    C. In Idaho, 100 percent of the harvest will be assigned to the RMP 
quota; and
    D. 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 December 1 and January 31.
    Hunting Seasons: The season may not exceed 3 days.
    Bag limits: Not to exceed 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 30) 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 30) on clapper, 
king, sora, and Virginia rails.

[[Page 52882]]

    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 25) 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 
days, with a daily bag limit of 5 band-tailed pigeons.
    Zoning: New Mexico may select hunting seasons not to exceed 20 
consecutive days i