Migratory Bird Hunting; Final Frameworks for Early-Season Migratory Bird Hunting Regulations, 54052-54070 [2011-21987]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 76, Number 168 (Tuesday, August 30, 2011)]
[Rules and Regulations]
[Pages 54052-54070]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21987]



[[Page 54051]]

Vol. 76

Tuesday,

No. 168

August 30, 2011

Part III





 Department of the Interior





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Fish and Wildlife Service





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50 CFR Part 20





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

Federal Register / Vol. 76 , No. 168 / Tuesday, August 30, 2011 / 
Rules and Regulations

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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; 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 2011-12 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, 2011.

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-
2011-0014.

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. 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 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 information on the 2011-12 regulatory schedule 
and announced the Service Regulations Committee (SRC) and summer Flyway 
Council meetings.
    On June 22 and 23, 2011, 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 2011-12 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 2011-12 regular 
waterfowl seasons.
    On July 26, 2011, we published in the Federal Register (76 FR 
44730) 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 26, 2011, 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 2011-12 season. These selections will be 
published in the Federal Register as amendments to Sec. Sec.  20.101 
through 20.107, and Sec.  20.109 of title 50 CFR part 20.

Population Status and Harvest

    Information on the status of waterfowl and information on the 
status and harvest of migratory shore and upland game birds, including 
detailed information on methodologies and results, is available at the 
address indicated under FOR FURTHER INFORMATION CONTACT or from our Web 
site at https://www.fws.gov/migratorybirds/NewsPublicationsReports.html.

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.

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 for 
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

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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.
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, to 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.

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, which are currently in excess of 325,000 geese 
(May 2010 estimate) with a population objective of 60,000-100,000.

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    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 
several individuals 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 presented information on 
crane reproductive rates from a small study area and cautioned that 
productivity of EP sandhill cranes may be too low to support a 
sustainable hunt. The ICF also believed that data on the origin of 
birds that would be harvested in Kentucky were incomplete. The ICF also 
provided several comments regarding the development of the EP crane 
management plan and cautioned that the management plan could allow a 50 
percent reduction of the EP crane population. They questioned the 
appropriateness of the population goal in the management plan and 
whether it would satisfy the desires of some States that want to expand 
crane numbers. Several commenters also criticized the adequacy of the 
annual survey used to monitor the EP sandhill cranes.
    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 if 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. 
In addition, several commenters were critical to the degree to which 
the State of Kentucky provided for public input.
    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, an EIS should be developed to evaluate a 
full range of reasonable management alternatives for EP sandhill 
cranes. The KRC also urged us to include a wider range of management 
alternatives in the Environmental Assessment including an alternative 
that advocates a one-year experimental hunt and evaluation, and another 
alternative to postpone the proposed Kentucky hunt until scientific 
concerns are addressed.
    Several other non-governmental organizations; 337 individuals from 
Alaska, California, Colorado, Connecticut, Florida, Illinois, Indiana, 
Kentucky, Massachusetts, Missouri, Ohio, Pennsylvania, Tennessee, 
Virginia, Washington, and Wisconsin; and several petitions containing 
signatures from over 3,000 people expressed both general and specific 
concerns about the scientific uncertainty of the Kentucky proposal, the 
EP Sandhill Crane Management Plan, and the potential taking of whooping 
cranes. All expressed opposition to the establishment of a new sandhill 
crane season in Kentucky.
    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).
    We prepared an environmental assessment (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 the EP 
management plan: (1) The potential biological removal allowance method; 
and (2) a simple population

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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. At a harvest level 
of 2,500 birds per year it would take over 30 years for the population 
to decline to 30,000 cranes. Therefore, we do not believe the proposed 
limited harvest will negatively impact population growth and that crane 
numbers will continue to increase in many States. 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, and that the season would be 
closed early if the harvest objective is met before 30 days.
    With regard to adding two additional management alternatives to the 
EA, we note that experimental hunts for migratory bird populations are 
typically three years in duration to allow adequate data collection for 
assessment. Thus, the EP crane management plan also allows new 
experimental hunts to be three years in duration. We believe that the 
addition of a new alternative that would postpone the hunt until 
scientific concerns are addressed is no different than the No Action 
alternative analyzed in the EA. Our EA also addresses many of the 
scientific concerns raised by commenters and we further note that 
research continues to be conducted on EP cranes to improve management.
    With regard to the adequacy of the Service's annual survey of EP 
sandhill cranes, we note that the annual count is conducted within a 
relatively narrow time frame to minimize potential double counting of 
birds. Although the survey design does not allow estimation of a total 
population size, the count represents a minimum population estimate and 
the true population size is undoubtedly higher. The annual survey 
continues to show a positive trend in the population; a result which is 
corroborated by trends indicated by the Breeding Bird Survey and 
Christmas Bird Count. Regarding 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. Thus, we believe that we have fulfilled our 
National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.) 
obligation with the preparation of an EA.
    With regard to the potential taking of endangered whooping cranes, 
we 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; 16 U.S.C. 1531 et seq.), as amended. Mississippi and Atlantic 
Flyway States within the NEP area maintain their management 
prerogatives regarding the whooping crane (66 FR 33910, 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. However, 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, hereby reducing the likelihood that 
sandhill crane hunters would encounter whooping cranes. Kentucky has 
also opted to delay legal shooting hours until sunrise to ensure bird 
identification under any weather conditions and Kentucky will require 
all hunters to pass an online identification test prior to being issued 
any permit to hunt sandhill cranes.
    Lastly, comments regarding the adequacy of the public input process 
provided by the Kentucky Department of Fish and Wildlife Resources 
(KDFWR) to establish State hunting regulations and to comply with any 
State-mandated administrative processes are not subject to our 
oversight or instruction. We have no control or authority over how 
KDFWR conducts their public participation process. We do, however, note 
that all Kentucky citizens have had the opportunity to comment on our 
proposed rule and draft EA on the EP sandhill crane harvest.
    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/

[[Page 54056]]

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: We agree with the Council's recommendation. 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. This year, based on the status of 
woodcock, the interim strategy calls for selection of the ``moderate'' 
season package in both the Eastern and Central Management Units.
    As we stated last year, the interim harvest strategy provides a 
transparent framework for making regulatory decisions for woodcock 
season length and bag limits while we work to improve monitoring and 
assessment protocols for this species.

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 when opening 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 final 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.
    Written Comments: The North Slope Borough questioned the Service's 
insistence on classifying Alaska's migratory bird hunting as either 
spring and summer hunting (i.e., subsistence hunting) or fall and 
winter hunting (i.e., sport hunting) and urged the Service to 
accommodate subsistence hunters by modifying the regulations to 
continue subsistence hunting (contained in 50 CFR part 92) after 
September 1.
    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.
    Regarding the comments from the North Slope Borough, we acknowledge 
the North Slope Borough's concerns, and will respond in more detail in 
the forthcoming rule for ``Harvest Regulations for Migratory Birds in 
Alaska During the 2012 Season.'' We also acknowledge that the response 
to this comment will occur after the regulations for subpart D of 50 
CFR part 92 are no longer effective for this year. We encourage the 
North Slope Borough to contact us this fall when the Service proposes 
new Alaska subsistence regulations for 2012 to possibly resolve the 
issues they raise.

22. Falconry

    Written Comments: An individual proposed adding a spring hunting 
season for falconers, primarily in March. Another individual requested 
that falconers be allowed the same daily bag limits as gun hunters.
    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

[[Page 54057]]

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 (including falconry) may extend 
past March 10.
    Regarding the daily bag limit for falconers, while we understand 
the concerns expressed, at this time we are not supporting any changes 
to the daily bag limit. We note that falconers are generally afforded 
much longer seasons than gun hunters for most species in most Flyways. 
Further, to our knowledge, we have not received any requests from 
either the Flyway Councils or States requesting such a change.

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 FOR FURTHER INFORMATION CONTACT.
    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 either by writing to the address indicated under FOR 
FURTHER INFORMATION CONTACT or by viewing 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.

Executive Order 12866

    The Office of Management and Budget has determined that this rule 
is significant and has reviewed this rule under Executive Order 12866. 
OMB bases its determination of regulatory significance upon the 
following four criteria:
    (a) Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of the government.
    (b) Whether the rule will create inconsistencies with other Federal 
agencies' actions.
    (c) Whether the rule will materially affect entitlements, grants, 
user fees, loan programs, or the rights and obligations of their 
recipients.
    (d) Whether the rule raises novel legal or policy issues.
    An economic analysis was prepared for the 2008-09 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. We 
also chose alternative 3 for the 2009-10 and the 2010-11 seasons. At 
this time, we are proposing no changes to the season frameworks for the 
2011-12 season, and as such, we will again consider these three 
alternatives. However, final frameworks for waterfowl will be dependent 
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-2011-0014.

Regulatory Flexibility Act

    The annual migratory bird hunting 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 ADDRESSES) 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-2011-0014.

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 would have an annual effect on the economy of $100 million or 
more. However, because this rule would establish hunting seasons, we do 
not

[[Page 54058]]

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 4/30/2014). 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 would not impose a cost of $100 million or more in any given 
year on local or State government or private entities. Therefore, this 
rule is not a ``significant regulatory action'' under the Unfunded 
Mandates Reform Act.

Civil Justice Reform--Executive Order 12988

    The Department, in promulgating this rule, has determined that this 
rule will not unduly burden the judicial system and that it meets the 
requirements of sections 3(a) and 3(b)(2) of Executive Order 12988.

Takings Implication Assessment

    In accordance with Executive Order 12630, this rule, authorized by 
the Migratory Bird Treaty Act, does not have significant takings 
implications and does not affect any constitutionally protected 
property rights. This rule would not result in the physical occupancy 
of property, the physical invasion of property, or the regulatory 
taking of any property. In fact, these rules would allow hunters to 
exercise otherwise unavailable privileges and, therefore, reduce 
restrictions on the use of private and public property.

Energy Effects--Executive Order 13211

    Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. While this rule is a 
significant regulatory action under Executive Order 12866, it is not 
expected to adversely affect energy supplies, distribution, or use. 
Therefore, this action is not a significant energy action and no 
Statement of Energy Effects is required.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we 
have evaluated possible effects on Federally-recognized Indian tribes 
and have determined that there are no effects on Indian trust 
resources. However, in the April 8 Federal Register, we solicited 
proposals for special migratory bird hunting regulations for certain 
Tribes on Federal Indian reservations, off-reservation trust lands, and 
ceded lands for the 2011-12 migratory bird hunting season. The 
resulting proposals were contained in a separate August 8, 2011, 
proposed rule (76 FR 48694). 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 summary impact statement.

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


[[Page 54059]]


    Dated: August 16, 2011.
Jane Lyder,
Acting Assistant Secretary for Fish and Wildlife and Parks.

Final 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.

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, 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 17). 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.

[[Page 54060]]

Special Youth Waterfowl Hunting Days

    Outside Dates: States may select 2 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. 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.
    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 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, North Dakota, 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 4.
    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 mu