Migratory Bird Hunting; Proposed Frameworks for Early-Season Migratory Bird Hunting Regulations; Notice of Meetings, 44730-44750 [2011-18374]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Proposed Rules]
[Pages 44730-44750]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18374]



[[Page 44729]]

Vol. 76

Tuesday,

No. 143

July 26, 2011

Part IV





Department of the Interior





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Fish and Wildlife Service





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50 CFR Part 20





Migratory Bird Hunting; Proposed Frameworks for Early Season Migratory 
Bird Hunting Regulations; Notice of Meetings; Proposed Rule

Federal Register / Vol. 76 , No. 143 / Tuesday, July 26, 2011 / 
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[Docket No. FWS-R9-MB-2011-0014; 91200-1231-9BPP-L2]
RIN 1018-AX34


Migratory Bird Hunting; Proposed Frameworks for Early-Season 
Migratory Bird Hunting Regulations; Notice of Meetings

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; supplemental.

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SUMMARY: The U.S. Fish and Wildlife Service (hereinafter Service or we) 
is proposing to establish the 2011-12 early-season hunting regulations 
for certain migratory game birds. We annually prescribe frameworks, or 
outer limits, for dates and times when hunting may occur and the 
maximum number of birds that may be taken and possessed in early 
seasons. Early seasons may open as early as September 1, and include 
seasons in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands. 
These frameworks are necessary to allow State selections of specific 
final seasons and limits and to allow recreational harvest at levels 
compatible with population status and habitat conditions. This proposed 
rule also provides the final regulatory alternatives for the 2011-12 
duck hunting seasons.

DATES: Comments: You must submit comments on the proposed early-season 
frameworks by August 5, 2011.
    Meetings: The Service Migratory Bird Regulations Committee (SRC) 
will meet to consider and develop proposed regulations for late-season 
migratory bird hunting and the 2012 spring/summer migratory bird 
subsistence seasons in Alaska on July 27 and 28, 2011. All meetings 
will commence at approximately 8:30 a.m.

ADDRESSES: Comments: You may submit comments on the proposals by one of 
the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments on Docket No. FWS-R9-
MB-2011-0014.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R9-MB-2011-0014; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 
2042-PDM; Arlington, VA 22203.
    We will not accept e-mailed or faxed comments. We will post all 
comments on https://www.regulations.gov. This generally means that we 
will post any personal information you provide us (see the Public 
Comments section below for more information).
    Meetings: The SRC will meet in room 200 of the U.S. Fish and 
Wildlife Service's Arlington Square Building, 4401 N. Fairfax Dr., 
Arlington, VA.

FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, U.S. Fish and Wildlife 
Service, Department of the Interior, MS MBSP-4107-ARLSQ, 1849 C Street, 
NW., Washington, DC 20240; (703) 358-1714.

SUPPLEMENTARY INFORMATION:

Regulations Schedule for 2011

    On April 8, 2011, we published in the Federal Register (76 FR 
19876) 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 
2011-12 regulatory cycle relating to open public meetings and Federal 
Register notifications were also identified in the April 8 proposed 
rule.
    Further, we explained that all sections of subsequent documents 
outlining hunting frameworks and guidelines were organized under 
numbered headings. Those headings are:

1. Ducks
    A. General Harvest Strategy
    B. Regulatory Alternatives
    C. Zones and Split Seasons
    D. Special Seasons/Species Management
    i. September Teal Seasons
    ii. September Teal/Wood Duck Seasons
    iii. Black Ducks
    iv. Canvasbacks
    v. Pintails
    vi. Scaup
    vii. Mottled Ducks
    viii. Wood Ducks
    ix. Youth Hunt
    x. Mallard Management Units
2. Sea Ducks
3. Mergansers
4. Canada Geese
    A. Special Seasons
    B. Regular Seasons
    C. Special Late Seasons
5. White-fronted Geese
6. Brant
7. Snow and Ross's (Light) Geese
8. Swans
9. Sandhill Cranes
10. Coots
11. Moorhens and Gallinules
12. Rails
13. Snipe
14. Woodcock
15. Band-Tailed Pigeons
16. Doves
17. Alaska
18. Hawaii
19. Puerto Rico
20. Virgin Islands
21. Falconry
22. Other

    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 June 22, 2011, we published in the Federal Register (76 FR 
36508) a second document providing supplemental proposals for early- 
and late-season migratory bird hunting regulations. The June 22 
supplement also provided detailed information on the 2011-12 regulatory 
schedule and announced the SRC and Flyway Council meetings.
    This document, the third in a series of proposed, supplemental, and 
final rulemaking documents for migratory bird hunting regulations, 
deals specifically with proposed frameworks for early-season 
regulations and the regulatory alternatives for the 2011-12 duck 
hunting seasons. It will lead to final frameworks from which States may 
select season dates, shooting hours, and daily bag and possession 
limits for the 2011-12 season.
    We have considered all pertinent comments received through June 30, 
2011, on the April 8 and June 22, 2011, rulemaking documents in 
developing this document. In addition, new proposals for certain early-
season regulations are provided for public comment. Comment periods are 
specified above under DATES. We will publish final regulatory 
frameworks for early seasons in the Federal Register on or about August 
16, 2011.

Service Migratory Bird Regulations Committee Meetings

    Participants at the June 22-23, 2011, meetings reviewed information 
on the current status of migratory shore and upland game birds and 
developed 2011-12 migratory game bird regulations recommendations for 
these species plus regulations for migratory game birds in Alaska, 
Puerto Rico, and the U.S. 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.
    Participants at the previously announced July 27-28, 2011, meetings 
will review information on the current status of waterfowl and develop 
recommendations for the 2011-12 regulations pertaining to regular

[[Page 44731]]

waterfowl seasons and other species and seasons not previously 
discussed at the early-season meetings. In accordance with Department 
of the Interior policy, these meetings are open to public observation 
and you may submit comments on the matters discussed.

Population Status and Harvest

    The following paragraphs provide preliminary information on the 
status of waterfowl and information on the status and harvest of 
migratory shore and upland game birds excerpted from various reports. 
For more detailed information on methodologies and results, you may 
obtain complete copies of the various reports at the address indicated 
under FOR FURTHER INFORMATION CONTACT or from our Web site at https://www.fws.gov/migratorybirds/NewsPublicationsReports.html.

Waterfowl Breeding and Habitat Survey

    Federal, provincial, and State agencies conduct surveys each spring 
to estimate the size of breeding populations and to evaluate the 
conditions of the habitats. These surveys are conducted using fixed-
wing aircraft, helicopters, and ground crews and encompass principal 
breeding areas of North America, covering an area over 2.0 million 
square miles. The traditional survey area comprises Alaska, Canada, and 
the northcentral United States, and includes approximately 1.3 million 
square miles. The eastern survey area includes parts of Ontario, 
Quebec, Labrador, Newfoundland, Nova Scotia, Prince Edward Island, New 
Brunswick, New York, and Maine, an area of approximately 0.7 million 
square miles.
    Overall, habitat conditions during the 2011 Waterfowl Breeding 
Population and Habitat Survey were characterized by average to above-
average moisture and a normal winter and spring across the entire 
traditional and eastern survey areas. The exception was a portion of 
the west-central traditional survey area that had received below-
average moisture. The total pond estimate (Prairie Canada and United 
States combined) was 8.1  0.2 million. This was 22 percent 
above the 2010 estimate of 6.7  0.2 million ponds, and 62 
percent above the long-term average of 5.0  0.03 million 
ponds.
Traditional Survey Area (U.S. and Canadian Prairies and Parklands)
    Conditions across the Canadian Prairies were greatly improved 
relative to last year. Building on excellent conditions from 2010 in 
portions of southern Alberta, Saskatchewan, and Manitoba, the area of 
excellent conditions in the prairies expanded in 2011, including a 
region along the Alberta and Saskatchewan border that had been poor for 
the last 2 years. The 2011 estimate of ponds in Prairie Canada was 4.9 
 0.2 million. This was 31 percent above last year's 
estimate (3.7  0.2 million) and 43 percent above the 1955-
2010 average (3.4  0.03 million). As expected, residual 
water from summer 2010 precipitation remained in the Parklands and the 
majority of the area was classified as good. Fair to poor conditions, 
however, were observed in the Parklands of Alberta.
    Wetland numbers and conditions were excellent in the U.S. prairies. 
The 2011 pond estimate for the north-central U.S. was 3.2  
0.1 million, which was similar to last year's estimate (2.9  0.1 million) and 102 percent above the 1974-2010 average (1.6 
 0.02 million). The eastern U.S. prairies benefitted from 
abundant moisture in 2010 and the entire U.S. prairies experienced 
above-average winter and spring precipitation in 2010 and 2011, 
resulting in good to excellent conditions across nearly the entire 
region. The western Dakotas and eastern Montana, which were extremely 
dry in 2010, improved from fair to poor in 2010 to good to excellent in 
2011. Further, the abundant moisture and delayed farming operations in 
the north-central U.S. and southern Canadian prairies likely benefitted 
early-nesting waterfowl species.
Bush (Alaska, Northern Manitoba, Northern Saskatchewan, Northwest 
Territories, Yukon Territory, Western Ontario)
    In the bush regions of the traditional survey area (Northwest 
Territories, northern Manitoba, northern Saskatchewan, and western 
Ontario), spring breakup was late in 2011. However, a period of warm, 
fair weather just prior to the survey, greatly accelerated ice-out. 
Habitats improved from 2010 across most of northern Saskatchewan and 
Manitoba as a result of average to above-average summer and fall 
precipitation in 2010. Habitat conditions in the Northwest Territories 
and Alaska were classified as good in 2011. Dry conditions in the 
boreal forest of Alberta in 2010 persisted into 2011 as habitat 
conditions were again rated as fair to poor. The dry conditions in this 
region contributed to numerous forest fires during the 2011 survey.
Eastern Survey Area
    In the eastern survey area, winter temperatures were above average 
and precipitation was below average over most of the region, with the 
exception of the Maritimes and Maine, which had colder than normal 
temperatures and above-average precipitation. Despite regional 
differences in winter conditions, above-average spring precipitation 
recharged deficient wetlands, subsequently providing good to excellent 
production habitat across the region. The boreal forest and Canadian 
Maritimes of the eastern survey area continued to have good to 
excellent habitat conditions in 2011. Habitat conditions in Ontario and 
southern Quebec improved from poor to fair in 2010 to good to 
excellent. Northern sections of the eastern survey area continued to 
remain in good to excellent conditions in 2011.

Status of Teal

    The estimate of blue-winged teal from the traditional survey area 
is 8.9 million. This record-high count represents a 41.0 percent 
increase from 2010, and is 91 percent above the 1955-2010 average.

Sandhill Cranes

    Compared to increases recorded in the 1970s, annual indices to 
abundance of the Mid-Continent Population (MCP) of sandhill cranes have 
been relatively stable since the early 1980s. The spring 2011 index for 
sandhill cranes in the Central Platte River Valley, Nebraska, 
uncorrected for visibility bias, was 363,356 birds. The photo-
corrected, 3-year average for 2008-10 was 600,892 cranes, which is 
above the established population-objective range of 349,000-472,000 
cranes.
    All Central Flyway States, except Nebraska, allowed crane hunting 
in portions of their States during 2010-11. An estimated 8,738 hunters 
participated in these seasons, which was 10 percent higher than the 
number that participated in the previous season. Hunters harvested 
18,727 MCP cranes in the U.S. portion of the Central Flyway during the 
2010-11 seasons, which was 23 percent higher than the estimated harvest 
for the previous year and 29 percent higher than the long-term average. 
The retrieved harvest of MCP cranes in hunt areas outside of the 
Central Flyway (Arizona, Pacific Flyway portion of New Mexico, 
Minnesota, Alaska, Canada, and Mexico combined) was 15,025 birds during 
2010-11. The preliminary estimate for the North American MCP sport 
harvest, including crippling losses, was 38,561 birds, which was a 51 
percent increase from the previous year's estimate. The long-term 
(1982-2008) trends for the MCP indicate that harvest has been 
increasing at a higher rate than population growth.

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    The fall 2010 pre-migration survey for the Rocky Mountain 
Population (RMP) resulted in a count of 21,064 cranes. The 3-year 
average was 20,847 sandhill cranes, which is within the established 
population objective of 17,000-21,000 for the RMP. Hunting seasons 
during 2010-11 in portions of Arizona, Idaho, Montana, New Mexico, 
Utah, and Wyoming resulted in a harvest of 1,336 RMP cranes, a 4 
percent decrease from the record-high harvest of 1,392 in 2009-10.
    The Lower Colorado River Valley Population (LCRVP) survey results 
indicate a slight increase from 2,264 birds in 2010 to 2,415 birds in 
2011. However, despite this slight increase, the 3-year average fell to 
2,360 LCRVP cranes, which is below the population objective of 2,500.
    The Eastern Population (EP) rebounded from near extirpation in the 
late 1800s to almost 30,000 cranes by 1996. In the fall of 2010, the 
estimate of EP cranes was approximately 50,000 birds. As a result of 
this increase and their range expansion, the Atlantic and Mississippi 
Flyway Councils developed a cooperative management plan for this 
population and criteria have been developed describing when hunting 
seasons can be opened. Kentucky has proposed to initiate the first 
hunting season on this population in the 2011-12 season (see 9. 
Sandhill Cranes section for further discussion).

Woodcock

    Singing-ground and Wing-collection surveys were conducted to assess 
the population status of the American woodcock (Scolopax minor). The 
Singing-ground Survey is intended to measure long-term changes in 
woodcock population levels. Singing-ground Survey data for 2011 
indicate that the number of singing male woodcock in the Eastern and 
Central Management Regions were unchanged from 2010. There were no 
significant 10-year trends in woodcock heard in the Eastern or Central 
Management Regions during 2001-2011, which marks the eighth consecutive 
year that the 10-year trend estimate for the Eastern Region was stable, 
while the trend in the Central Region returned to being not 
statistically significant after being negative last year. There were 
long-term (1968-2011) declines of 1.0 percent per year in both 
management regions.
    The Wing-collection Survey provides an index to recruitment. Wing-
collection Survey data indicate that the 2010 recruitment index for the 
U.S. portion of the Eastern Region (1.5 immatures per adult female) was 
1.2 percent lower than the 2009 index, and 10.2 percent lower than the 
long-term (1963-2009) average. The recruitment index for the U.S. 
portion of the Central Region (1.6 immatures per adult female) was 30.2 
percent above the 2009 index and 2.1 percent below the long-term (1963-
2009) average.

Band-tailed Pigeons

    Two subspecies of band-tailed pigeon occur north of Mexico, and 
they are managed as two separate populations in the United States: the 
Interior Population and the Pacific Coast Population. Information on 
the abundance and harvest of band-tailed pigeons is collected annually 
in the United States and British Columbia. Abundance information comes 
from the Breeding Bird Survey (BBS) and, for the Pacific Coast 
Population, the BBS and the Mineral Site Survey (MSS). Annual counts of 
Interior band-tailed pigeons seen and heard per route have declined 
since implementation of the BBS in 1968. No statistically significant 
trends in abundance are evident during the recent 5- and 10-year 
periods. The 2010 harvest of Interior band-tailed pigeons was estimated 
to be 5,000 birds.
    BBS counts of Pacific Coast band-tailed pigeons seen and heard per 
route also have declined since 1968, but trends in abundance during the 
recent 5- and 10-year periods were not significant. The MSS, however, 
provided evidence that abundance decreased during the recent 5- and 7-
year (since survey implementation) periods. The 2010 estimate of 
harvest for Pacific Coast band-tailed pigeons was 18,400 birds.

Mourning Doves

    The Mourning Dove Call-count Survey (CCS) data is analyzed within a 
Bayesian hierarchical modeling framework, consistent with analysis 
methods for other long-term point count surveys such as the American 
Woodcock Singing-ground Survey and the North American Breeding Bird 
Survey. According to the analysis of the CCS, there was no trend in 
counts of mourning doves heard over the most recent 10 years (2002-11) 
in the Eastern Management Unit. There was a negative trend in mourning 
doves heard for the Central and Western Management Units. Over the 46-
year period, 1966-2011, the number of mourning doves heard per route 
decreased in all three dove management units. The number of doves seen 
per route was also collected during the CCS. For the past 10 years, 
there was no trend in doves seen for the Central and Western Management 
Units; however, there was evidence of an increasing trend in the 
Eastern Management Unit. Over 46 years, there was of a positive trend 
in doves seen in the Eastern Management Unit, and declining trends were 
indicated for the Central and Western Management Units. The preliminary 
2010 harvest estimate for the United States was 17,230,400 mourning 
doves.

White-Winged Doves

    Two states harbor substantial populations of white-winged dove 
population: Arizona and Texas. California and New Mexico have much 
smaller populations. The Arizona Game and Fish Department monitors 
white-winged dove populations by means of a CCS to provide an annual 
index to population size. It runs concurrently with the Service's 
Mourning Dove CCS. The index of mean number of white-winged doves heard 
per route from this survey peaked at 52.3 in 1968, but then declined 
until about 2000. The index has stabilized at around 25 doves per route 
in the last few years; in 2011, the mean number of doves heard per 
route was 24.4. Arizona Game and Fish also historically monitored 
white-winged dove harvest. Harvest of white-winged doves in Arizona 
peaked in the late 1960s at approximately 740,000 birds, and has since 
declined and stabilized at around 100,000 birds; the preliminary 2010 
Migratory Bird Harvest Information Program (HIP) estimate of harvest 
was 84,900 birds.
    In Texas, white-winged doves continue to expand their breeding 
range. Nesting by white-winged doves has been recorded in most 
counties, with new colonies recently found in east Texas. Nesting is 
essentially confined to urban areas, but appears to be expanding to 
exurban areas. Concomitant with this range expansion has been a 
continuing increase in white-winged dove abundance. A new distance-
based sampling protocol was implemented for Central and South Texas in 
2007, and has been expanded each year. In 2010, 4,650 points were 
surveyed statewide and the urban population of breeding white-winged 
doves was estimated at 4.6 million. Current year's survey data are 
being analyzed and abundance estimates will be available later this 
summer. Additionally, the Texas Parks and Wildlife Department has an 
operational white-winged dove banding program and has banded 52,001 
white-winged doves from 2006 to 2010. The estimated harvest of white-
wings in Texas in the 2010 season was 1,436,800 birds. The Texas Parks 
and Wildlife Department continues to work to improve the scientific 
basis for management of white-winged doves.

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    In California, Florida, Louisiana, and New Mexico available BBS 
data indicate an increasing trend in the population indices between 
1966 and 2010. According to HIP surveys, the preliminary harvest 
estimates were 78,200 white-winged doves in California, 6,200 in 
Florida, 4,600 in Louisiana, and 29,500 in New Mexico.

White-Tipped Doves

    White-tipped doves occur primarily south of the United States-
Mexico border; however, the species does occur in Texas. Monitoring 
information is presently limited. White-tipped doves are believed to be 
maintaining a relatively stable population in the Lower Rio Grande 
Valley of Texas. Distance-based sampling procedures implemented in 
Texas are also providing limited information on white-tipped dove 
abundance. Texas is working to improve the sampling frame to include 
the rural Rio Grande corridor in order to improve the utility of 
population indices. Annual estimates for white-tipped dove harvest in 
Texas average between 3,000 and 4,000 birds.

Review of Public Comments

    The preliminary proposed rulemaking (April 8 Federal Register) 
opened the public comment period for migratory game bird hunting 
regulations and announced the proposed regulatory alternatives for the 
2011-12 duck hunting season. Comments concerning early-season issues 
and the proposed alternatives are summarized below and numbered in the 
order used in the April 8 Federal Register document. Only the numbered 
items pertaining to early-seasons issues and the proposed regulatory 
alternatives for which we received written comments are included. 
Consequently, the issues do not follow in consecutive numerical or 
alphabetical order.
    We received recommendations from all four Flyway Councils. Some 
recommendations supported continuation of last year's frameworks. Due 
to the comprehensive nature of the annual review of the frameworks 
performed by the Councils, support for continuation of last year's 
frameworks is assumed for items for which no recommendations were 
received. Council recommendations for changes in the frameworks are 
summarized below.
    We seek additional information and comments on the recommendations 
in this supplemental proposed rule. New proposals and modifications to 
previously described proposals are discussed below. Wherever possible, 
they are discussed under headings corresponding to the numbered items 
in the April 8 Federal Register document.

General

    Written Comments: An individual commenter protested the entire 
migratory bird hunting regulations process, the killing of all 
migratory birds, and the lack of accepting electronic public comments.
    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 comment concerning our acceptance, or lack thereof, 
of electronic public comments, we do accept electronic comments filed 
through the official Federal eRulemaking portal (https://www.regulations.gov). Public comment methods are identified and listed 
above under ADDRESSES.

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.

A. General Harvest Strategy

    Council Recommendations: The Mississippi Flyway Council recommended 
that regulations changes be restricted to one step per year, both when 
restricting as well as liberalizing hunting regulations.
    Service Response: As we stated in the April 8 Federal Register, we 
intend to continue use of Adaptive Harvest Management (AHM) to help 
determine appropriate duck-hunting regulations for the 2011-12 season. 
AHM is a tool that permits sound resource decisions in the face of 
uncertain regulatory impacts, as well as providing a mechanism for 
reducing that uncertainty over time. The current AHM protocol is used 
to evaluate four alternative regulatory levels based on the population 
status of mallards and their breeding habitat (i.e., abundance of 
ponds) (special hunting restrictions are enacted for certain species, 
such as canvasbacks, black ducks, scaup, and pintails).
    As we previously stated regarding incorporation of a one-step 
constraint into the AHM process (73 FR 50678, August 27, 2008), this 
proposal was addressed by the AHM Task Force of the Association of Fish 
and Wildlife Agencies (AFWA) in its report and recommendations. Because 
there is no consensus on behalf of the Flyway Councils on how to modify 
the regulatory alternatives, we believe that the new Supplemental 
Environmental Impact Statement for the migratory bird hunting program 
(see NEPA Consideration section in the April 8 Federal Register) is an 
appropriate venue for considering such changes in a more comprehensive 
manner that involves input from all Flyways.
    We will propose a specific regulatory alternative for each of the 
Flyways during the 2011-12 season after survey information becomes 
available later this summer. More information on AHM is located at 
https://www.fws.gov/migratorybirds/CurrentBirdIssues/Management/AHM/AHM-intro.htm.

B. Regulatory Alternatives

    Council Recommendations: The Mississippi and Central Flyway 
Councils recommended that regulatory alternatives for duck hunting 
seasons remain the same as those used in 2010.
    Service Response: The regulatory alternatives proposed in the April 
8 Federal Register will be used for the 2011-12 hunting season (see 
accompanying table at the end of this proposed rule for specifics). In 
2005, the AHM regulatory alternatives were modified to consist only of 
the maximum season lengths, framework dates, and bag limits for total 
ducks and mallards. Restrictions for certain species within these 
frameworks that are not covered by existing harvest strategies will be 
addressed during the late-season regulations process. For those species

[[Page 44734]]

with specific harvest strategies (canvasbacks, pintails, black ducks, 
and scaup), those strategies will again be used for the 2011-12 hunting 
season.

C. Zones and Split Seasons

    Council Recommendations: The Atlantic Flyway Council recommended 
allowing States two periods for selecting their zone and split options: 
spring 2011 for currently offered options, and spring 2012 for possible 
additional available options.
    The Mississippi Flyway Council urged us to provide new options for 
zones/split-season criteria (i.e., three zones with two splits or four 
zones) for use during the 2011-12 regulations cycle season (see the 
April 8 Federal Register for a full discussion). They note, however, 
that some States may not be able to use these new criteria even if they 
are approved this spring because of their internal regulations-setting 
process. Thus, they request extending the open season for States to 
select zone/split-season configurations through the 2012 regulations 
cycle.
    The Central and Pacific Flyway Councils recommended extending the 
current open season for States to select regular season zone/split 
configurations for 2011-15 through June 2012.
    Written Comments: The Mississippi and Central Flyway Councils and 
the States of Colorado, Illinois, Kansas, Nebraska, New York, Wisconsin 
and Wyoming expressed their support for our April 8 proposal to modify 
the zones and split season guidelines to allow up to four zones (no 
splits) and up to three zones with two splits, including all 
grandfathered arrangements. Both the Councils and States supported the 
extension of the open season for State selections of zone and split 
season configurations into the 2012-13 regulatory cycle. There was also 
widespread support for the creation of a Human Dimensions Working Group 
that is capable of advancing informed decision-making frameworks for 
explicitly considering human dimensions aspects of waterfowl management 
issues. The States appreciated our efforts to assess the potential 
impacts of changes in the criteria on duck harvest, and believed that 
such impacts would be minimal.
    Six non-governmental organizations from Illinois and 106 
individuals from Illinois, Ohio, and Wisconsin expressed support for 
the Flyway Councils' recommended changes to the guidelines. Twenty 
individuals did not support changing the guidelines, while four 
individuals supported the abolishment of zone and split season criteria 
altogether.
    Service Response: As we discussed in the April 8 Federal Register, 
we proposed new guidelines for duck zones and split seasons for use by 
States in setting their seasons for the 2011-15 hunting seasons. We 
also prepared a draft Environmental Assessment (EA) on the proposed 
zone and split season guidelines and provided a brief summary of the 
anticipated impacts of the preferred alternative with regard to the 
guidelines. Specifics of each of the four alternatives we analyzed can 
be found on our Web site at https://www.fws.gov/migratorybirds, or at 
https://www.regulations.gov. The comment period on the EA closed on May 
15, 2011.
    We remain supportive of the Flyway Councils' desire to expand the 
existing zone and split season criteria, but note that the adequacy of 
the National Flyway Council's human dimensions study design that we 
required last year (75 FR 58250, September 23, 2010) as part of our 
initial intent and proposal still does not meet our expectations. Thus, 
the Councils and the Service have committed to form a smaller working 
group to help resolve these differences, and we will consider a revised 
study proposal as soon as it is available. Assuming an acceptable study 
plan can be agreed upon, we will consider offering the expanded zone/
split criteria to States in both the current year's regulation cycle 
and again in the 2012-13 regulations cycle.

D. Special Seasons/Species Management

i. Special Teal Seasons
    Regarding the regulations for this year, utilizing the criteria 
developed for the teal season harvest strategy, this year's estimate of 
8.9 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 2011.
ix. Youth Hunt
    Council Recommendations: The Atlantic Flyway Council recommended 
that we remove the criteria for youth hunting days to be 2 consecutive 
hunting days and allow the 2 days to be taken singularly or 
consecutively outside any regular duck season on a weekend, holidays, 
or other non-school days when youth hunters would have the maximum 
opportunity to participate.
    Service Response: We concur with the Atlantic Flyway Council's 
recommendation to allow States to offer 2 youth hunt days in addition 
to their regular seasons, with no requirement that the youth hunts be 
held on consecutive hunting days. Our intent in first establishing this 
special day of opportunity in 1996 (61 FR 49232, September 18, 1996) 
was to introduce youth to the concepts of ethical utilization and 
stewardship of waterfowl and other natural resources, encourage 
youngsters and adults to experience the outdoors together, and to 
contribute to the long-term conservation of the migratory bird 
resource. We stated then that we viewed the special youth hunting day 
as a unique educational opportunity, above and beyond the regular 
season, which helps ensure high-quality learning experiences for those 
youth indicating an interest in hunting. We further believed that the 
youth hunting day would help develop a conservation ethic in our youth 
and was consistent with the Service's responsibility to foster an 
appreciation for our nation's valuable wildlife resources. However, 
there have been few attempts to determine whether youth hunts have 
achieved their intended purpose. Thus, we request that when the Human 
Dimensions Working Group is formed, that it be charged with assessing 
the effectiveness of youth waterfowl hunts as a hunter recruitment 
tool. Until such an assessment has been conducted, we will not consider 
any further changes to the criteria for youth hunts.
x. Mallard Management Units
    Council Recommendations: The Central Flyway Council recommended 
changes to the High Plains Mallard Management Unit boundary in Nebraska 
and Kansas for simplification and clarification of regulations 
enforcement.
    Service Response: We do not support the modification of the 
boundary of the High Plains Mallard Management Unit in Kansas and 
Nebraska. While we appreciate the Council's desire for ways to improve 
enforcement, we note that the boundaries in those two States have been 
in place since the 1970s and are sufficiently clear for enforcement of 
waterfowl hunting regulations. Further, we do not believe sufficient 
biological information is available to warrant changes to the boundary 
at the scales proposed. However, if the Flyway Council believes the 
demographics of ducks have changed and may warrant a change in the 
boundary, we suggest that an assessment of data should be conducted 
that could inform a change at the Management Unit level.

[[Page 44735]]

4. Canada Geese

A. Special Seasons

    Council Recommendations: The Atlantic Flyway Council recommended 
that the 10-day experimental season extension (September 16-25) of the 
special September Canada goose hunting season in Delaware become 
operational.
    The Central Flyway Council recommended that we increase the daily 
bag limit framework from five to eight for North Dakota during the 
special early Canada goose hunting season in September.
    The Pacific Flyway Council recommended increasing the daily bag 
limit in the Pacific Flyway portion of Colorado from three geese to 
four geese, and increasing the possession limit from six to eight birds 
during the special September season.
    Service Response: We agree with the Atlantic Flyway Council's 
recommendation that Delaware's September Canada goose season become 
operational. As the Council notes in their recommendation, resident 
Canada geese remain overabundant in many areas of the Flyway. The 
current population exceeds approximately 1 million while the goal in 
the Atlantic Flyway Resident Canada Goose Management Plan is 650,000 
geese. Approval of this season would be consistent with the current 
management plan. Specifically in Delaware, the resident Canada goose 
population has continued to increase with a 2010 population index of 
10,880 birds, well above the breeding population goal of 1,000 birds. 
Further, results of the 3-year experimental extension (2008-10) 
demonstrated that the harvest during this season is comprised of 
predominately resident geese and meets the current criteria established 
for Special Canada Goose Seasons. Band recovery data also indicated 
that no direct recovery of Atlantic Population (AP)-banded geese 
occurred during the entire 3-year experimental timeframe. We concur 
that making the season operational would help maximize harvest of 
resident Canada geese within Delaware, with minimal to no additional 
impact to migrant geese, while also increasing hunting opportunities.
    We also agree with the Central Flyway Council's request to increase 
the Canada goose daily bag limit in North Dakota. Last year, we 
increased the daily bag limit in South Dakota, Nebraska, Kansas, and 
Oklahoma during their special early Canada goose seasons (75 FR 52873, 
August 30, 2010). 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 geese may 
help North Dakota reduce or control existing high populations of 
resident Canada geese; currently in excess of 325,000 geese (May 2010 
estimate) with a population objective of 60,000-100,000.
    Regarding the increase in the daily bag limit in Colorado, we 
agree. As the Pacific Flyway Council notes in their recommendation, the 
2010 Rocky Mountain Population (RMP) breeding population index (BPI) 
was 143,842, a 15 percent increase from the 2009 index of 124,684, but 
10 percent below the 3-year average BPI of 160,434. Further, while the 
2011 RMP Midwinter Index (MWI) of 124,427 showed a 17 percent decrease 
from the previous year's index of 149,831, and the 2011 RMP MWI was 7 
percent below its running 3-year average of 133,312 geese, this total 
is still well above the level in the management plan which allows for 
harvest liberalization (80,000). Further, population index data and 
estimated harvest effects support increasing the bag and possession 
limits in Colorado. In the past 3 years, while counts from the spring 
breeding survey have stayed relatively stable, post-hunting indices 
collected as part of the mid-winter survey have increased. An increase 
in the daily bag limit is expected to result in minimal increases in 
Canada goose harvest rates.

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, 2011.
    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. We note that the most recent resident Canada 
goose estimate for the Mississippi Flyway was 1.61 million birds in 
2010, which was 10 percent higher than the 2009 estimate, and well 
above the Flyway's population goal of 1.18 to 1.40 million birds.

9. Sandhill Cranes

    Council Recommendations: The Mississippi Flyway Council recommended 
a 3-year experimental 30-day sandhill crane season for the Eastern 
Population (EP) of sandhill cranes in Kentucky beginning in the 2011-12 
season.
    The Central and Pacific Flyway Councils recommend using the 2011 
Rocky Mountain Population (RMP) sandhill crane harvest allocation of 
1,771 birds as proposed in the allocation formula described in the 
management plan for this population. The Councils also recommended the 
establishment of two new hunting areas for RMP greater sandhill crane 
hunting in Montana; the addition of Golden Valley County to an existing 
RMP sandhill crane hunting unit, and the establishment of a new RMP 
sandhill crane hunting unit in Broadwater County.
    The Pacific Flyway Council recommended not allowing a limited hunt 
for Lower Colorado River Valley Population (LCRVP) Sandhill Cranes in 
Arizona during the 2011-12 hunting season. Survey results indicate the 
3-year average population estimate is below the 2,500 birds required by 
the EA and management plan to hunt this population.
    Written Comments: The International Crane Foundation (ICF) and an 
individual commented that no population modeling had been done for EP 
sandhill cranes and that the proposed harvest in Kentucky could consume 
a substantial portion of the productivity of the EP breeding crane 
population in the Upper Midwest. The ICF also believed that data on the 
origin of birds that would be harvested in Kentucky were incomplete. 
Finally, the ICF provided several comments regarding the development of 
the EP crane management plan.
    The ICF and the Kentucky Resources Council (KRC) commented that the 
Kentucky proposal did not include details about the degree of public 
participation that would be sought in the decision regarding whether 
and how to hunt cranes; that sufficient public input had not be 
solicited to date; and that the Service should defer on the decision to 
hunt cranes.
    Lastly, the KRC noted that the new Supplemental Environmental 
Impact Statement (EIS) for the migratory bird hunting program has not 
been finalized, and that given the significant scientific uncertainties 
associated with Kentucky's proposal, and the fact that there is a 
distinct possibility the sandhill crane hunt might result in the taking 
of endangered whooping cranes,

[[Page 44736]]

an EIS should be developed to evaluate a full range of reasonable 
management alternatives for EP sandhill cranes.
    The Buckley Hills Audubon Society also expressed concern about the 
scientific uncertainty of the Kentucky proposal and for the potential 
taking of whooping cranes.
    Service Response: Last year, the Atlantic and Mississippi Flyway 
Councils adopted a management plan for EP cranes. This year, Kentucky 
has submitted a crane hunt proposal to both Flyways that follows the 
hunt plan guidelines and calls for a 30-day season with a maximum 
harvest of 400 cranes. We support the Kentucky crane hunt proposal. 
Total anticipated harvest and crippling loss would be less than 1 
percent of the current 3-year average population index for EP cranes 
(51,217 cranes), well below the level of harvest of other crane 
populations (e.g., MCP harvest is 6.7 percent of the population size, 
while RMP is 4.9 percent).
    Additionally, we prepared a draft EA on the hunting of EP sandhill 
cranes as allowed under the management plan. Specifics of the two 
alternatives we analyzed can be found on our Web site at https://www.fws.gov/migratorybirds, or at https://www.regulations.gov. Our EA 
outlines two different approaches for assessing the ability of the EP 
crane population to withstand the level of harvest contained in EP 
management plan: (1) The potential biological removal allowance method; 
and (2) a simple population model using fall survey data and annual 
survival rates. The EA concluded that the anticipated combined level of 
harvest and crippling loss in Kentucky could be sustained by the 
proposed hunt. Furthermore, population modeling indicated that any 
harvest below 2,000 birds would still result in a growing population of 
EP cranes.
    With regard to the origin of cranes harvested in Kentucky, we note 
that EP cranes are managed as one population and that no monitoring at 
the sub-population level is required, or necessary, by the EP 
management plan. We believe that we have fulfilled our NEPA obligation 
with the preparation of an EA, and therefore an EIS is not required.
    With regard to the potential taking of endangered whooping cranes, 
the season dates contained in the Kentucky proposal were chosen such 
that they would begin approximately 3 weeks after whooping cranes have 
normally migrated through the State, reducing the likelihood that 
sandhill crane hunters would encounter whooping cranes. We further 
point out that whooping cranes that migrate through Kentucky are part 
of the Experimental Nonessential Population of whooping cranes (NEP). 
In 2001, the Service announced its intent to reintroduce whooping 
cranes (Grus americana) into historic habitat in the eastern United 
States with the intent to establish a migratory flock that would summer 
and breed in Wisconsin, and winter in west-central Florida (66 FR 
14107, March 9, 2001). We designated this reintroduced population as an 
NEP according to section 10(j) of the Endangered Species Act of 1973 
(Act), as amended. Mississippi and Atlantic Flyway States within the 
NEP area maintain their management prerogatives regarding the whooping 
crane (66 FR 33903, June 26, 2001). They are not directed by the 
reintroduction program to take any specific actions to provide any 
special protective measures, nor are they prevented from imposing 
restrictions under State law, such as protective designations, and area 
closures.
    We further note that the harvest of cranes in Kentucky will be 
controlled by a mandatory tagging and phone reporting system, which 
will ensure that the harvest objective of 400 birds is not exceeded. 
Additionally, the season would be closed early if the harvest objective 
is met before 30 days.
    We also agree with the Central and Pacific Flyway Councils' 
recommendations on the RMP sandhill crane harvest allocation of 1,771 
birds for the 2011-12 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. Additionally, the RMP 
sandhill crane management plan allows for the regulated harvest of 
cranes when the population index exceeds 15,000 cranes. In 2010, 21,064 
cranes were counted in the September survey and the most recent 3-year 
average for the RMP sandhill crane fall index is 20,847 birds. Both of 
the new hunt areas in Montana are allowed under the management plan.
    Regarding the proposal to discontinue the limited hunt for LCRVP 
cranes in Arizona this year, we agree. 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, due to problems that year with the population inventory 
on which the LCRVP hunt plan is based, 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 
subsequently again approved the limited hunt (73 FR 50678, August 27, 
2008). Then, due to complications encountered with the proposed 
initiation of this new season occurring during litigation regarding 
opening new hunting seasons on Federal National Wildlife Refuges, the 
experimental limited hunt season was not opened in 2008. Thus, in 2009, 
the State of Arizona requested that 2009-12 be designated as the new 
experimental period and designated an area under State control where 
the experimental hunt would be conducted. Last year, Arizona did 
implement the planned limited hunt; however, no cranes were harvested.
    This year, the LCRVP survey results indicate that the 3-year 
average of LCRVP cranes is below the population objective of 2,500. 
Thus, while we continue to support 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, we concur with 
the Pacific Flyway Council that the hunt should not be held this year.

14. Woodcock

    Council Recommendations: The Atlantic Flyway Council recommended 
adoption of the ``moderate'' season package of 45 days with a 3-bird 
daily bag limit in the Eastern Management Region for the 2011-12 season 
as outlined in the Interim American Woodcock Harvest Strategy 
(available at https://www.fws.gov/migratorybirds/NewsPublicationsReports.html). They also recommended that States 
previously allowed to zone for woodcock be allowed to continue that 
arrangement with the associated 20-percent penalty in season length 
(i.e., 36 days in each of New Jersey's zones).
    Service Response: Last year, following review and comment by the 
Flyway Councils and the public, we adopted an interim harvest strategy 
for woodcock beginning in the 2011-12 hunting season for a period of 5 
years (2011-15) (75 FR 52873, August 30, 2010). Specifics of the 
interim harvest strategy can be found at https://www.fws.gov/migratorybirds/NewsPublicationsReports.html.
    As we stated last year, the 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.

[[Page 44737]]

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 2011-12 mourning dove season in the 
States within the Central Management Unit. The Central Flyway Council 
also recommended that the opening date for the South Dove Zone in Texas 
be the Friday before the third Saturday in September.
    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. The Council also recommended combining mourning and 
white-winged dove season frameworks into a single framework, and 
allowing an aggregate bag in all Pacific Flyway States in the WMU.
    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 2009, 
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.
    Regarding the Central Flyway Council's recommendation to move the 
opening date for the South Dove Zone in Texas from the Saturday nearest 
September 20 (but not earlier than September 17) to the Friday before 
the third Saturday in September, we do not support the Council's 
recommendation. We remain concerned about the potential impact on the 
recruitment of late-nesting doves of opening of hunting seasons earlier 
than the State currently does. We believe that additional biological 
information should be collected to assess potential biological impacts 
before making additional changes to the opening date.
    Lastly, we concur with the Pacific Flyway Council's recommendation 
to combine mourning and white-winged dove season frameworks into a 
single framework, and allow an aggregate bag in all Pacific Flyway 
States in the WMU. We believe this change will simplify the frameworks 
for use by the States when selecting seasons. Further, we have applied 
this change to all dove frameworks in all management units (see the 
Doves framework section of this proposed rule for further information).

18. Alaska

    Council Recommendations: The Pacific Flyway Council recommended 
removal of Canada goose daily bag limit restrictions within the overall 
dark goose daily bag limit in Units 9, 10, 17, and 18. In these Units, 
the dark goose limits would be 6 geese per day, with 12 geese in 
possession.
    Service Response: We concur with the proposed removal of the Canada 
goose daily bag limit restrictions within the overall dark goose daily 
bag limit. We agree with the Council that cackling geese restrictions 
on primary breeding and staging areas are not warranted given recent 
reassessments of population data and the fact that Alaska's Units 9, 
10, 17, and 18 have very little Canada goose sport harvest. We expect 
the harvest increase in Alaska will be small.

22. Falconry

    Written Comments: An individual proposed adding a spring hunting 
season for falconers, primarily in March.
    Service Response: Currently, we allow falconry as a permitted means 
of taking migratory game birds in any State meeting Federal falconry 
standards in 50 CFR 21.29. Such States may select an extended season 
for taking migratory game birds as long as the combined length of the 
extended season, regular season, and any special or experimental 
seasons does not exceed 107 days for any species or group of species in 
a geographical area. In addition, all such seasons must fall between 
September 1 and March 10, as stipulated in the Migratory Bird Treaty 
(Treaty).
    We note that in those States that already experience 107-day 
seasons (i.e., ducks in the Pacific Flyway), there is no opportunity 
for extended falconry seasons. Further, given the Treaty limitations, 
no hunting seasons may extend past March 10.

Public Comments

    The Department of the Interior's policy is, whenever possible, to 
afford the public an opportunity to participate in the rulemaking 
process. Accordingly, we invite interested persons to submit written 
comments, suggestions, or recommendations regarding the proposed 
regulations. Before promulgating final migratory game bird hunting 
regulations, we will consider all comments we receive. These comments, 
and any additional information we receive, may lead to final 
regulations that differ from these proposals.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in the ADDRESSES section. We will not 
accept comments sent by e-mail or fax. We will not consider hand-
delivered comments that we do not receive, or mailed comments that are 
not postmarked, by the date specified in the DATES section.
    We will post all comments in their entirety--including your 
personal identifying information--on https://www.regulations.gov. Before 
including your address, phone number, e-mail address, or other personal 
identifying information in your comment, you should be aware that your 
entire comment--including your personal identifying information--may be 
made publicly available at any time. While you can ask us in your 
comment to withhold your personal identifying information from public 
review, we cannot guarantee that we will be able to do so.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on https://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Division of Migratory Bird Management, Room 4107, 
4501 North Fairfax Drive, Arlington, VA 22203.
    For each series of proposed rulemakings, we will establish specific 
comment periods. We will consider, but possibly may not respond in 
detail to, each comment. As in the past, we will

[[Page 44738]]

summarize all comments we receive during the comment period and respond 
to them after the closing date in the preambles of any final rules.

Required Determinations

    Based on our most current data, we are affirming our required 
determinations made in the proposed rule; for descriptions of our 
actions to ensure compliance with the following statutes and Executive 
Orders, see our April 8, 2011, proposed rule (76 FR 19876):
     National Environmental Policy Act;
     Endangered Species Act;
     Regulatory Flexibility Act;
     Small Business Regulatory Enforcement Fairness Act;
     Paperwork Reduction Act;
     Unfunded Mandates Reform Act;
     Executive Orders 12630, 12866, 12988, 13175, 13132, and 
13211.

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 2011-12 
hunting season are authorized under 16 U.S.C. 703-712 and 16 U.S.C. 742 
a-j.

    Dated: July 13, 2011.
Eileen Sobeck,
Acting Assistant Secretary for Fish and Wildlife and Parks.

Proposed Regulations Frameworks for 2011-12 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 
proposed 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, 
2011, and March 10, 2012. These frameworks are summarized below.

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.
    Permits: For some species of migratory birds, the Service 
authorizes the use of permits to regulate harvest or monitor their take 
by sport hunters, or both. In many cases (e.g., tundra swans, some 
sandhill crane populations), the Service determines the amount of 
harvest that may be taken during hunting seasons during its formal 
regulations-setting process, and the States then issue permits to 
hunters at levels predicted to result in the amount of take authorized 
by the Service. Thus, although issued by States, the permits would not 
be valid unless the Service approved such take in its regulations.
    These Federally authorized, State-issued permits are issued to 
individuals, and only the individual whose name and address appears on 
the permit at the time of issuance is authorized to take migratory 
birds at levels specified in the permit, in accordance with provisions 
of both Federal and State regulations governing the hunting season. The 
permit must be carried by the permittee when exercising its provisions 
and must be presented to any law enforcement officer upon request. The 
permit is not transferrable or assignable to another individual, and 
may not be sold, bartered, traded, or otherwise provided to another 
person. If the permit is altered or defaced in any way, the permit 
becomes invalid.

Flyways and Management Units

Waterfowl Flyways

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

Management Units

Mourning Dove Management Units

    Eastern Management Unit--All States east of the Mississippi River, 
and Louisiana.
    Central Management Unit--Arkansas, Colorado, Iowa, Kansas, 
Minnesota, Missouri, Montana, Nebraska, New Mexico, North Dakota, 
Oklahoma, South Dakota, Texas, and Wyoming.
    Western Management Unit--Arizona, California, Idaho, Nevada, 
Oregon, Utah, and Washington.

Woodcock Management Regions

    Eastern Management Region--Connecticut, Delaware, Florida, Georgia, 
Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, 
North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, 
Virginia, and West Virginia.
    Central Management Region--Alabama, Arkansas, Illinois, Indiana, 
Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, 
Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, 
Tennessee, Texas, and Wisconsin.
    Other geographic descriptions are contained in a later portion of 
this document.

Definitions

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

Waterfowl Seasons in the Atlantic Flyway

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

Special September Teal Season

    Outside Dates: Between September 1 and September 30, an open season 
on all species of teal may be selected by the following States in areas 
delineated by State regulations:
    Atlantic Flyway--Delaware, Florida, Georgia,