[Federal Register Volume 59, Number 163 (Wednesday, August 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20923]
[[Page Unknown]]
[Federal Register: August 24, 1994]
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Part V
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
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50 CFR Part 20
Migratory Bird Hunting; Proposed Frameworks for Late-Season Migratory
Bird Hunting Regulations; Proposed Rule
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AA24
Migratory Bird Hunting; Proposed Frameworks for Late-Season
Migratory Bird Hunting Regulations
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; supplemental.
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SUMMARY: The Fish and Wildlife Service (hereinafter the Service) is
proposing to establish the 1994-95 late-season hunting regulations for
certain migratory game birds. The Service annually prescribes
frameworks, or outer limits, for dates and times when hunting may occur
and the number of birds that may be taken and possessed in late
seasons. These frameworks are necessary to allow State selections of
final seasons and limits and to allow recreational harvest at levels
compatible with population and habitat conditions.
DATES: The comment period for proposed late-season frameworks will end
on September 2, 1994.
ADDRESSES: Comments should be mailed to Chief, Office of Migratory Bird
Management, U.S. Fish and Wildlife Service, Department of the Interior,
ms 634--ARLSQ, 1849 C Street, NW., Washington, DC 20240. Comments
received will be available for public inspection during normal business
hours in room 634, Arlington Square Building, 4401 N. Fairfax Drive,
Arlington, Virginia.
FOR FURTHER INFORMATION CONTACT: Paul R. Schmidt, Chief, Office of
Migratory Bird Management, U.S. Fish and Wildlife Service, Department
of the Interior, ms 634--ARLSQ, 1849 C Street, NW., Washington, DC
20240, (703) 358-1714.
SUPPLEMENTARY INFORMATION:
Regulations Schedule for 1994
On April 7, 1994, the Service published for public comment in the
Federal Register (59 FR 16762) a proposal to amend 50 CFR part 20, with
comment periods ending July 21 for early-season proposals and September
2 for late-season proposals. On June 8, 1994, the Service published for
public comment a second document (59 FR 29700) which provided
supplemental proposals for early- and late-season migratory bird
hunting regulations frameworks.
On June 23, 1994, a public hearing was held in Washington, DC, as
announced in the April 7 and June 8 Federal Registers to review the
status of migratory shore and upland game birds. Proposed hunting
regulations were discussed for these species and for other early
seasons.
On July 12, 1994, the Service published in the Federal Register (59
FR 35566) a third document which dealt specifically with proposed
early-season frameworks for the 1994-95 season.
On August 4, 1994, a public hearing was held in Washington, DC, as
announced in the April 7, June 8, and July 12 Federal Registers, to
review the status of waterfowl. Proposed hunting regulations were
discussed for these late seasons. The Service later published a fourth
document containing final frameworks for early seasons from which
wildlife conservation agency officials from the States and Territories
selected early-season hunting dates, hours, areas, and limits.
This document is the fifth in the series of proposed, supplemental,
and final rulemaking documents for migratory bird hunting regulations
and deals specifically with proposed frameworks for the late-season
migratory bird hunting regulations. It will lead to final frameworks
from which States may select season dates, hours, areas, and limits.
All pertinent comments on the proposals received through August 4,
1994, have been considered in developing this document. In addition,
new proposals for certain late-season regulations are provided for
public comment. The comment period is specified above under Dates.
Final regulatory frameworks for late-season migratory game bird hunting
are scheduled for publication in the Federal Register on or about
September 23, 1994.
Presentations at Public Hearing
A report on the status of waterfowl was presented. This report is
briefly reviewed below as a matter of public information, and is a
summary of information contained in the ``Status of Waterfowl and Fall
Flight Forecast'' report.
The onset of spring in arctic and sub-arctic nesting areas this
year was intermediate between that of 1992, which was one of the latest
springs on record, and 1993, which was one of the earliest. Nesting
phenology in the Arctic was more variable than last year and production
from most populations will be near average. In nesting areas farther
south, several Canada goose populations will benefit from improved
habitat conditions in central Canada and the northcentral U.S. Most
goose and swan populations in North America remain numerically sound
and the size of most fall flights will be only slightly smaller than
those of last year. Of continuing concern, however, is the declining
number of Atlantic and Southern James Bay Canada geese. Also of concern
are dusky Canada geese, whose numbers appear to have stabilized, but at
a level approximately half of those observed in the 1970's.
In 1993, the breeding population of ducks was lower than in 1992.
However, improved habitat conditions in the northcentral U.S. resulted
in increased production from that region, and led to a fall flight
similar in size to that of 1992. During the 1993 hunting season,
recovery rates of mallards were lower than rates from the 1992 season.
However, recovery rates of immature mallards during the last two
waterfowl seasons were greater than those from the 1988-91 period. In
1994, the estimated number of ducks in the surveyed area was 32.5
million, an increase of 24 percent from that in 1993 and similar to the
long-term average. The estimated number of mallards was 7.0 million,
which was higher than the estimate of 5.7 million in 1993 and similar
to the long-term average. Estimates for seven of the other nine
principal species were higher in 1994 than in 1993; the estimates for
canvasbacks and scaup were similar to those of last year. Numbers of
gadwall, green-winged teal, blue-winged teal, and northern shovelers
were above their respective long-term averages; whereas estimates for
mallards, American wigeon, redheads, and canvasback were similar to
long-term averages. Estimates of northern pintails and scaup remained
below their 1955-93 means. The number of ponds in May increased 47
percent this year, and was higher than the long-term average. Improved
habitat conditions throughout most of the mid-continent region led to
large increases in production indices. The predicted fall-flight index
for mallards (12.0 million) is 36 percent higher than that of last
year. The total duck fall-flight index for 1994 is 71 million birds,
which is similar in size to those which occurred during the early
1980's.
Dr. Robert Trost reviewed harvest and hunter participation
statistics from the 1993-94 hunting season. Harvest and hunter activity
remained essentially unchanged from the previous year, with notable
exceptions of increases in Canada goose and wood duck harvests. Harvest
age ratio information suggested that production improved for ducks and
was markedly improved for geese in 1993. Band-recovery data indicate
that the reduced harvest rates of ducks in recent years continued in
the 1993-94 hunting season. Although harvests of Canada geese are
increasing with increasing Canada goose populations, harvests of some
snow goose stocks appear to be declining despite marked increases in
populations. This has happened despite increasingly more liberal
harvest regulations. Further discussion was presented on the
complexities of population-specific harvest management of geese when
populations of different status overlap during the period of harvest.
Final comments highlighted the importance of accurate information to
ensure proper management of all migratory game bird populations.
Review of Comments Received at Public Hearing
Ten individuals presented statements at the August 4, 1994, public
hearing. These comments are summarized below.
Dr. Rollin Sparrowe, President of the Wildlife Management
Institute, expressed optimism for the recovery of duck populations this
year following many years of decline due to poor habitat conditions and
praised many wildlife agencies, private organizations, and individuals
for maintaining their support during several years of adversity.
However, now that recovery appears to be under way, he indicated that
some liberalization in harvest regulations was warranted but the major
question was how much and how fast should these liberalizations be
implemented. He strongly urged all those participating in the process
to listen to one another and to not confuse the public by disagreements
in regulatory proposals between the Service and Flyway Councils. He
added that a single year of recovery did not constitute an upward
trend. Finally, he requested everyone to work together and to focus
their efforts on habitat programs, since habitat is the principal
component needed to sustain a full recovery of duck populations to
objective levels.
The California Waterfowl Association, represented by Mr. Walter
Sikes, urged the Service to adopt waterfowl hunting regulations
proposed by the Pacific Flyway Council. They believe that the proposed
regulations would provide greater incentives for duck hunters to
maintain habitats and manage private lands for waterfowl than
continuing with the proposed restrictive regulations. They believe that
increases in the waterfowl breeding population size and the fall
flight, this year, also justify liberalizing hunting regulations. The
California Waterfowl Association questioned if previous harvest
restrictions assisted in the recovery of waterfowl populations from low
levels. They suggested that the Service has imposed restrictions based
on a trend towards continental waterfowl management and a desire for
simplified regulations. They believe that this may unnecessarily
restrict hunting opportunities on healthy populations and that
regulations should be consistent with population distribution and
habitat conditions within a flyway.
Mr. Brian Cavey, a legislative assistant for Senator Max Baucus of
Montana, supported recommendations put forth by the Central and Pacific
Flyway Councils. He stated that Montana is a primary production area
for most of the U.S., Canada, and other nations to the south and that
this year's duck breeding population reached 1.4 million. He pointed
out that this is an all-time high estimate and 60 percent greater than
the 30-year average and that this great response was inpartly due to
improved habitat conditions and landowner-sportsman-government
cooperation in habitat programs.
Mr. Cavey indicated that last year about 14,000 hunters pursued
waterfowl in Montana and numbered over 400,000 in the Central and
Pacific Flyways. However, he was disappointed in the significant
declining trends in waterfowl hunters observed over the past 20 years.
He pointed out that this decline was in part due to the reduction in
hunting stocks of birds and hunting restrictions which accompanied
these losses.
Mr. Cavey pointed out that this year's duck breeding population
estimate represented the second successive year of increases. Although
it was known that a variety of circumstances contributed to this
improvement, the Conservation Reserve Program (CRP) and the cooperative
efforts of private landowners and State and Federal agencies have
resulted in significant improvement in duck breeding habitat. He
indicated that the hunters in Montana and the surrounding States expect
and deserve the opportunity to share in the wealth of these improved
waterfowl resources. Further, he recommended that the conservative
increases in bag limits and season lengths recommended reflect an
appropriate response to the current abundance of birds in the two
flyways.
Mr. Bruce Barbour, representing the National Audubon Society,
indicated that Eastern and Western Populations of tundra swans are
increasing and stable, respectively, and had no concern over current
population levels. He supported efforts to restore breeding populations
of trumpeter swans throughout their historic breeding range. With
respect to Canada geese, he pointed out that most populations are doing
well, but that there is continued concern for the status of dusky,
Aleutian, Southern James Bay, and Atlantic Populations. The Mid-
Continent Population of snow geese remains of concern, as record high
populations are degrading brood-rearing areas and as a result are
exhibiting density-dependent population characteristics such as reduced
clutch size, declines in gosling growth rates and body size and reduced
juvenile survival. Increasing long-term habitat degradation on breeding
areas is highly probable and a resultant future population crash is
possible. For these reasons, the National Audubon Society supports
extension of the closing framework date to February 28 in all southern
tier (wintering) States in the Central Flyway.
For ducks, he identified a series of factors that have contributed
to exceptionally good production across primary duck producing areas of
the prairie and parkland region of the U.S. and Canada. However, he
indicated that even though one excellent production year is not yet a
trend, excellent water conditions have persisted through the summer and
recovery in duck populations appears to have started. For these
reasons, he stated that some liberalization in hunting regulations is
possible, but advised cautious restraint that would not jeopardize
recovery. He suggested that our goal should be to return as many
breeding pairs as possible to the nesting grounds and to take full
advantage of the likely excellent nesting conditions again in 1995 and
continue the progressive recovery that is underway. He recommended that
the Service continue the restrictive harvest regulations on pintail,
hen mallards, black ducks, redheads, and canvasbacks. With respect to
canvasbacks, the National Audubon Society supports the Service's
proposed harvest strategy. However, he cautioned that the Service
should consider the use of area closures in specific areas where
canvasbacks heavily concentrate and where they may be especially
vulnerable. Finally, he supported various types of existing Federal
programs and legislation that would protect migratory bird habitats. In
addition, he urged increased funding for the National Wildlife Refuge
Program and indicated great concern for the proposed extension of the
Intracoastal Waterway in Texas and its potential impact on the Laguna
Madre and to those populations of redheads, reddish egrets, and other
species that depend on these habitats.
Mr. K.L. Cool, representing the Central Flyway Council, stated his
concern for the long-term downward trend in the number of waterfowl
hunters. He pointed out that the factors responsible for this decline
have not been identified, but undoubtedly include: decreased duck
numbers from drought, habitat loss and change, controversy over non-
toxic shot implementation, cost of licenses and ammunition, and complex
hunting regulations. He noted that this year we have a chance to
reverse this trend by developing both a biological and practical
hunting framework that will protect waterfowl populations.
Mr. Cool provided substantial evidence of the contribution of the
United States Department of Agriculture's CRP to improvements in this
year's duck production and predicted increase in this year's fall
flight. He indicated that an estimated 3 million ducks were hatched in
CRP fields in the northcentral U.S. this spring. He commended the
Service for their realistic proposed increase in bag limits for ducks.
He suggested that the change will send the correct message that
waterfowl numbers are improving and will call appropriate attention to
duck species and sexes still of concern. With the recommended bag-limit
structure, we will be able to work with hunters to direct harvest away
from certain species and sexes, while welcoming waterfowl hunters and
conservationists back to the marsh to harvest an abundant renewable
natural resource.
Mr. Cool then provided the rationale for the Central Flyway
Council's desire to amend the Duck Stamp Act to change the minimum age
requirement from 16 to 18. He could not support the decision to
eliminate the point-system option from the regulatory frameworks. In
this regard, he pointed out the success in States using the point
system in directing harvest pressure towards species of abundance and
away from species and sexes of concern. He requested that the Service
offer a point system at parity this year and in the coming year provide
the Flyways with a forum for further evaluation of this bag-limit
option. He also requested reconsideration of the request to allow all
Flyways an additional 7 days of hunting opportunity for ducks. He
applauded the Service for accepting all goose and swan recommendations.
Representative Steve Gunderson (Wisconsin) expressed concern about
a 9-day special September teal season being offered to ``non-production
States'' while production States must wait for the late-season period.
He supported the opening of the canvasback season Flyway-wide with
certain minimum restrictions as recommended by the Upper-Region
Regulations Committee of the Mississippi Flyway Council. He also
endorsed a procedure recommended by the Upper-Region Regulations
Committee of the Mississippi Flyway Council to manage Canada goose
harvests in the Mississippi River Subzone in southwest Wisconsin.
Mr. Scott Sutherland, representing Ducks Unlimited (DU), Inc.,
commented that this has been an exceptional year for waterfowl
production and the basis for much optimism. The DU Continental Plan has
now been completed and now serves as a guide for directing DU's
resources to the areas and species of greatest need. With respect to
geese, he stated that although most populations are healthy, nine
populations still remain a concern, including: cackling, dusky,
Aleutian, Atlantic, and the Southern James Bay Populations of Canada
geese; Pacific white-fronted geese; Pacific black brant; emporer geese;
and Wrangle Island snow geese. He stated that breeding-population
surveys and banding should be improved, and encouraged the National
Biological Survey and the Service to direct sufficient resources to the
collection and analysis of this information. With respect to ducks, he
stated that several species are still below North American Waterfowl
Management Plan goals, including the mallard, black duck, American
wigeon, blue-winged teal, canvasback, and scaup; Steller's and
spectacled eiders are also of concern. Overall, this year showed
dramatic increases in the status of most ducks and underscores the need
to continue to expand and improve operational survey and banding
programs. These improvements in the database would allow the
development of more refined regional and flyway management plans for
all species. This year's fall flight will show a dramatic increase over
last year and is directly related to improved precipitation and habitat
programs currently in place, especially in the prairie areas of the
north-central U.S. The CRP has greatly benefitted ground-nesting ducks.
The funding for the North American Wetlands Conservation Act must also
be maintained to restore and enhance wetland habitats.
Mr. Sutherland supported the recommendations of the four Flyway
Councils. He pointed out that these recommendations were based on sound
biological rationale and that careful liberalization for ducks is now
warranted.
Representative Jay Dickey from the 4th Congressional District in
Arkansas, supported a 10-day extension of the duck-hunting season in
Arkansas and other areas. This would allow families additional time to
spend together, while providing a boost to our economies. He
congratulated the Service for guarding our duck resources through the
past difficult times and making this request for liberalization
possible at this time.
Representative Tim Petrie from the 6th Congressional District in
Wisconsin, indicated that he would like to summarize concerns of 4,200
sportsman that signed a petition that requested an additional 9 days of
duck hunting opportunity. He pointed out that the increase in the
number of days from 30 to 39 would compensate Wisconsin hunters for
days not allowed for special September teal seasons that are given to
most Mississippi Flyway States. He noted that duck stamp sales in
Wisconsin have fallen from 95,000 in 1990 to 77,000 in 1992. In
contrast, he stated that duck populations have recovered and are now
above long-term averages. Wisconsin sportsmen have contributed to these
expanding populations by participating in habitat and nest-improvement
programs and are deserving of additional duck-hunting opportunity.
Dr. Gary Will, representing the Pacific Flyway Council, agreed with
most proposed frameworks governing duck hunting, with the exceptions
that the daily bag limit of pintails should be increased by 1 drake and
the season length should be increased by 7 days in all Flyways.
Regarding the pintail limit, he said that the 1994 breeding population
of 2.9 million pintails is 45 percent more than in 1993 and higher than
when regulations allowed 7 pintails in the Pacific Flyway and up to 10
birds elsewhere. Mitigating the effects of the increased limit, he
noted that the number of active adult hunters was down 61 percent in
1993 from that in 1984 and the direct recovery rates for pintails,
which were about half of that for mallards, decreased from 0.0225 to
0.0111 during 1985-87 and 1988-92, respectively. Considering the
forecasted size of the fall flight, the additional week was both
reasonable and biologically sound.
Dr. Will recommended allowing modest liberalization of the take of
white-fronted geese in California, Oregon, and Washington, which he
estimated would result in an additional harvest of approximately 3,750
while still allowing a 5-10 percent annual population growth. He said
that the population would likely be at an objective level this fall,
and development of the Service's requested long-term harvest strategy
for this population would be completed. Lack of that strategy should
not be a prerequisite to the Council's recommended changes.
Dr. Will reemphasized the Council's support for restrictions on
tundra swan hunting in portions of the Pacific Flyway to minimize the
accidental take of trumpeter swans, including an early closure in Utah
and closing a portion of the Green River area in Utah to swan hunting.
However, he urged adding 300 permits to Utah in compensation for lost
harvest opportunities because of these restrictive measures. He
encouraged the Service to continue to cooperate with the Council and
participating States in the management of the Rocky Mountain Population
of trumpeter swans. Efforts would include allowing a continued
reasonable harvest of tundra swans while accommodating trumpeter swan
range expansion to solve winter bottleneck problems in southeastern
Idaho.
Flyway Council Recommendations and Written Comments
The preliminary proposed rulemaking which appeared in the April 7
Federal Register, opened the public-comment period for late-season
migratory game bird hunting regulations. As of August 4, 1994, the
Service had received 82 comments; 54 of these specifically addressed
late-season issues. The Service also received recommendations from all
four Flyway Councils. The Flyway Councils generally supported ``no
change'' in frameworks for most migratory game bird hunting seasons.
Only those written comments are included herein where there is a
difference between a Council recommendation and the Service's proposal.
Late-season comments are summarized and discussed in the order used in
the April 7 Federal Register. Only the numbered items pertaining to
late seasons for which written comments were received are included.
General
The California Waterfowl Association urged the Service to consider
the link between hunting opportunities and hunter support of habitat
programs when formulating regulations. They believe that the current
sizes of waterfowl populations justify a relaxation of restrictions.
An individual from California requested that waterfowl harvests
should be managed on a flyway basis.
The Nebraska Low Plains Waterfowlers' Association requested
liberalizations in duck hunting frameworks this year. They requested
that, if both season length and bag limits cannot be increased, season
length alone should be liberalized. They believe that it is time to
reward sportsmen for their support of waterfowl management.
The Minnesota Department of Natural Resources urged the Service to
liberalize season length rather than bag limits if both could not be
liberalized this year.
Dr. Robert McLandress, Director of the Waterfowl and Wetland
Program of the California Waterfowl Association, expressed his concern
for the 65 percent decrease in California waterfowl hunters during the
past two decades and the impact of such losses on wetland habitat
preservation and maintenance. He noted that the number of California
waterfowl hunters was more highly correlated with pintail harvests and
pintail breeding populations than with harvests and populations of
other ducks.
Walter R. Sikes, representing the California Waterfowl Association,
noted that 1994 would be the second year of good production for Pacific
Flyway duck populations which should provide relief to the existing
restrictions. He said that reduced waterfowl populations and hunting
opportunities had discouraged support for habitat restoration efforts
in California; but nonetheless, California waterfowlers have spent
millions of dollars on waterfowl habitat improvement programs in that
State. He indicated that historical data support relaxation of
regulations, noting that during years with similar duck populations,
seasons were 31 percent longer, bag limits were 75 percent higher, and
hunter numbers were at least 35 percent greater than in 1993.
Two local sportsmen's organizations from Massachusetts requested
thresholds figures for all species of waterfowl as to when seasons
shall be opened or closed.
1. Ducks
A. General Harvest Strategy
Council Recommendations: The Pacific Flyway Council recommended
seasons and limits similar to those in effect during 1985-87 (with the
exception of pintail) when significant reductions in bag and season
length were imposed to protect certain declining duck populations. The
Council presented information on duck populations, hunter numbers, and
duck harvest in support of their recommendations. Compared to that
period, the current breeding population estimates of mallards, pintails
and total ducks are up 22 percent, 13 percent and 20 percent
respectively. Additionally, current breeding population estimates for
all ducks except scaup are above their respective levels of 1985, which
was the first year restrictive regulations were mandated.
Recent trends of duck breeding populations are upward compared to
generally declining trends through the 1980's. Production estimates
this year are excellent and the fall flight forecast of 71 million
ducks is substantially above the estimates for 1985-87 which ranged
from 55 to 66 million. The 1993 estimate of Pacific Flyway adult
waterfowl hunters was 29 percent below the 1985-87 average, and was the
second lowest on record. Although hunter numbers in 1993 increased for
the first time since 1983, and additional hunters are anticipated in
1994, hunter numbers are not expected to approach the 1985-87 level.
Band-recovery rates from birds banded in reference areas important to
the Pacific Flyway indicate that substantial reductions in harvest rate
for mallards and pintails occurred between 1985-87 and 1988-92, e.g. -
27 and -51 percent for mallards and pintails, respectively.
B. Framework Dates
Council Recommendations: The Central Flyway Council recommended
that the hunting season frameworks for duck, coot, and merganser
seasons begin on the Saturday nearest October 1, (October 1, 1994) and
extend until the Sunday nearest January 20 (January 22, 1995).
The Upper-Region and Lower-Region Regulations Committees of the
Mississippi Flyway Council recommended framework opening and closing
dates of the Saturday nearest October 1 to January 20. The Lower-Region
Regulations Committee also recommended that opening and closing dates
be established as a basic regulation and not fluctuate annually.
The Pacific Flyway Council recommended outside season dates of the
Saturday closest to October 1 to the Sunday closest to January 20.
Floating framework dates are recommended because (1) the flyway has
traditionally been offered Saturday openings and Sunday closing for
most migratory game birds, (2) implementing a fixed calendar date, as
recommended by the Service, will further restrict hunting opportunity
in those States that traditionally open hunting on Saturday and close
on Sunday, (3) departure from this traditional format will be confusing
and unnecessarily restrictive, (4) there are no biological consequences
to floating frameworks since we are dealing with only plus or minus 3
days in opening and closing dates, (5) a Saturday opening allows
participation by school-age hunters and those that have a traditional
work week, (6) there are no biological or political justifications
which warrant a change from previous outside framework dates.
C. Season Lengths
Council Recommendations: The Atlantic Flyway Council and the Upper-
Region and Lower Region Regulations Committees of the Mississippi
Flyway Council recommended a 40-day duck season.
The Central Flyway Council recommended that for the High Plains
Mallard Management Unit, season length would be 69 days, 16 of which
must occur starting no earlier than the Saturday closest to December 10
(December 10, 1994). For the remainder of the Flyway (Low Plains
portion), the Council recommended a season length of 53 days.
The Pacific Flyway Council recommended a season length of 79 days,
with 7 additional days in the Columbia Basin Mallard Management Unit.
Written Comments: The Minnesota Department of Natural Resources
supported the Mississippi Flyway Council's Upper-Region Regulations
Committee recommendation for a 40-day duck season.
An individual from California asked that the Service consider
allowing 86 days of duck hunting in the Pacific Flyway.
The Nebraska Low Plains Waterfowlers' Association urged the Service
to allow 46 days of duck hunting in the Low Plains portion of the
Central Flyway.
The Wisconsin Department of Natural Resources requested that the
Service reconsider its proposal for a 30-day duck season with a 4-bird
daily bag limit. They suggested that if the Service feels a more
conservative season is necessary this year, then a 40-day season with a
3-bird daily bag limit would be more acceptable.
The Wisconsin Department of Natural Resources endorsed the
recommendations of the Mississippi Flyway Council's Upper-Region
Regulations Committee. They also expressed concern that ``non-
production States'' are offered a 9-day special teal season while
production States are not offered some type of compensatory
opportunity.
Two local sportsmen's organizations from Massachusetts requested a
35-day season for duck hunting in the Atlantic Flyway.
Several individuals from Arkansas asked that instead of increasing
the daily bag limits from 3 to 4 birds, the Service consider increasing
the season length from 30 to 40 days for duck hunting.
Congressman Don Sundquist of Tennessee endorsed the Mississippi
Flyway Council's recommendation for a 40-day season with a 4-bird daily
bag limit and urged the Service to reconsider the 30 day season
proposal.
The Tennessee Wildlife Resources Agency encouraged the Service to
adopt a season framework for ducks that included additional days and
supported 40 days as biologically justified.
The Illinois Department of Conservation urged the Service to
consider a 40-day season framework with a 3-bird daily bag limit.
Congressman Steve Gunderson of Wisconsin expressed concern for the
Service's proposal to allow a 30-day season and asked that
consideration be given to a 40-day season with a 3-bird daily bag limit
to provide more recreational opportunity for hunters.
Both the Wisconsin Wildlife Federation and the Wisconsin
Conservation Congress asked the Service to consider a 40-day season
with a 3-bird daily bag limit.
The Michigan Department of Natural Resources expressed concern that
the Service did not support the Mississippi Flyway proposal for a 40-
day season with a 4-bird bag limit and suggested if further protection
was warranted, they would prefer a 40-day season with a 3-bird daily
bag limit.
The Indiana Department of Natural Resources disagreed with the
Service's proposal and asked for reconsideration of a 40-day, 4-bird
bag limit, but would accept a 3-bird bag limit and a 40-day season, if
necessary.
The Kentucky Department of Fish and Wildlife Resources indicated
preference for an increase in the season length rather than an increase
in the daily bag limit, but stated that they may support the decisions
of the Service, if conservative measures were necessary, based on
additional information.
The Ohio Department of Natural Resources asked for a season of 40
days with a 4-bird bag limit, but if not acceptable to the Service,
would opt for a longer season over an expanded bag limit.
The South Carolina Department of Natural Resources felt that State
input was being disregarded and that the Service's restrictive proposal
does not show support for hunting and will be difficult to explain to
the sportsman.
E. Bag Limits
Council Recommendations: The Atlantic Flyway Council requested a 4-
bird bag limit for their regular duck season, which will include no
more than 1 canvasback, 1 black duck, and 1 pintail; 2 wood ducks and 2
redheads; and 3 mallards of which only 1 may be a hen.
The Central Flyway Council requested that the Service review its
policy for the use of the point-system bag limit option that requires
that it be no more liberal than the conventional bag limit.
The Central Flyway Council recommended that with respect to duck,
coot and merganser hunting regulations, that States selecting the High
Plains Mallard Management Unit season option of additional late hunting
opportunity may select either the point system or the conventional bag
for establishing daily possession limits in the entire State.
The Central Flyway Council recommended that for those States where
the daily bag and possession limits are established by the conventional
bag limit, the daily bag would be 4 birds with species and sex
restrictions as follows: hen mallard, pintail, redhead, mottled duck,
and canvasback, 1 bird; wood duck, 2 birds; all other species and sexes
not mentioned above, 4 birds. The possession limit would be twice the
daily bag limit.
The Central Flyway Council recommended that for those States where
the daily bag and possession limits are established by the point-system
bag limit, point values for species and sexes would be as follows:
redhead, canvasback, hen mallard, pintail, hooded merganser and mottled
duck, 100 points each; wood duck, 50 points each; mallard drake,
gadwall, wigeon, green-winged teal, blue-winged teal, cinnamon teal,
shoveler, whistling duck, common and red-breasted merganser, 20 points
each; all other species and sexes of ducks, 35 points each. The
possession limit under the point system would be the maximum number of
birds that legally could have been taken in 2 days.
The Lower-Region Regulations Committee of the Mississippi Flyway
Council recommended a point-system bag-limit option that would provide,
for several species, 1 more bird in the daily bag limit than the
conventional bag limit.
The Upper-Region and Lower-Region Regulations Committees of the
Mississippi Flyway Council requested that the Service review its
current point-system bag-limit policy. They feel that at least 1 more
bird should be allowed in the point system than in the conventional bag
limit.
The Upper-Region and Lower-Region Regulations Committees of the
Mississippi Flyway Council recommended that the overall duck bag limit
be increased from 3 to 4, that the number of male mallards allowed be
increased from 2 to 3, and that 1 canvasback be allowed daily. The
Lower-Region Regulations Committee also recommended a restriction of 3
mottled ducks in the 4-bird daily limit. Other species/sex restrictions
would be the same as last year.
The Pacific Flyway Council recommended that the Service: (1) review
its current point-system policy, (2) work with both Pacific and Central
Flyway Technical Committees to interpret available data, and (3)
consider all available new information and evaluate the point system
against other bag-limit systems.
The Pacific Flyway Council recommended a daily bag limit of 5
ducks, including not more than: 4 mallards, only 1 of which may be a
hen; 2 pintails, only 1 of which may be a hen; 2 redheads; and 1
canvasback.
Written Comments: The Minnesota Department of Natural Resources
supported the Mississippi Flyway Council's Upper-Region Regulations
Committee recommendation for a daily bag limit of 4 ducks.
An individual from California requested that the Service consider
increasing the total duck daily bag limit to 5, the mallard limit to 5,
and the pintail limit to 2 in the Pacific Flyway.
The Nebraska Low Plains Waterfowlers' Association urged the Service
to allow a daily bag limit of 3 mallards in the Low Plains portion of
the Central Flyway.
An individual from California requested that the duck daily bag
limit be increased to 6, with a 1 or 2 daily bag limit for mallards, or
no mallards at all as an acceptable alternative. He also requested
increasing the daily bag limit of pintails to 2.
Dr. Robert McLandress, Director of the Waterfowl and Wetland
Program of the California Waterfowl Association, presented historical
information on regulations and harvests of pintails and believed that
an increase in the pintail daily bag limit to at least 3 birds was
warranted and would provide much needed encouragement for hunters and
habitat management in California. He believed bag limit restrictions
for mallards in California were inappropriate given evidence of a
preponderance of California produced mallards in the harvest,
consistently high nesting success and good brood survival. He believed
the breeding population decline in California in 1994 was caused by the
elimination of set-aside rice lands, favored by nesting mallards;
however, there were significant increases elsewhere in the State. In
addition to increased limits of mallards and pintails, he recommended
an addition of 1 duck to the daily bag limit and 8 additional days.
The Oklahoma Department of Wildlife Conservation requested that the
Service work with the Flyway Councils to cooperatively review its
policy on the use of the point system for determining daily bag limits
for ducks. It was pointed out that the Central Flyway Council believes
that the 1990 point-system review contained misinterpretations and
omissions that should be cooperatively resolved prior to any decision
on the use of this important harvest-management tool. Further, they
stated that the process used for the handling of the updated review of
the point system appeared to be a breach of the cooperative spirit and
partnership approach to migratory bird management programs in the
Central Flyway.
F. Zones and Splits
Council Recommendations: The Pacific Flyway Council recommended
continuation of the Southern San Joaquin Valley Waterfowl Zone in
California in 1994 and that this zone be made permanent. About 3,500
acres of Tulare Basin wetlands are managed as duck clubs, which
represents a loss of about 1,500 acres of managed wetlands between 1971
and 1988. About 200 additional acres of wetlands had been flooded for
waterfowl and other wetland-dependent wildlife in response to the
creation of the zone. During 1991-93, this zone has allowed for a month
delay in the opening date from the surrounding Balance-of-the-State and
Southern California zones. This delay allows private wetland owners to
take advantage of reduced electric pumping rates which become effective
November 1, as well as reduced evapotranspiration rates which occur as
temperatures decline. This results in an approximate 20 percent
reduction in the cost of flooding. Any reductions in water cost
provides an incentive for the continued flooding of private wetlands.
The situation is not relieved by improvements in rainfall, because
although surface water availability improves somewhat, ground water
pumping costs are still high.
Establishment of the zone has not affected harvest. Estimated
harvest of ducks from Kern, Kings and Tulare Counties constituted
between 3.0 and 5.6 percent of the Statewide harvest in the periods
1961-1990. Since implementation of the zone in 1991, 2.5 percent of the
State duck harvest has occurred in the zone. Pintail harvest in the
zone declined from a high of 4.5 percent of the State harvest to 2.5
percent.
Written Comments: Two local sportsmen's organizations from
Massachusetts requested continuation of zoning for their State.
G. Special Seasons/Species Management
i. Canvasback
Council Recommendations: The Atlantic Flyway Council recommended
that an open season for canvasbacks be allowed with a 1-bird daily bag
limit throughout the length of the 1994 season in the Atlantic Flyway.
The Central Flyway Council recommended that the Service adopt the
alternative canvasback harvest management strategy developed by State
representatives from all four flyways of the Adaptive Harvest
Management Working Group.
The Central Flyway Council recommended that an open season for
canvasbacks throughout the regular duck season be allowed for all four
Flyways with a 1-bird daily bag limit beginning in 1994, contingent
upon breeding population and habitat conditions.
The Upper-Region and Lower-Region Regulations Committees of the
Mississippi Flyway Council recommended that an open season for
canvasbacks be allowed in the Mississippi Flyway with a 1-bird daily
bag limit throughout the regular duck season.
The Pacific Flyway Council recommended adoption of an interim
canvasback strategy that would allow harvest of that species throughout
the regular duck season in all four Flyways, with a daily bag limit of
1 canvasback (either sex), when the 3-year running average of estimated
May breeding population is at or above 480,000 birds. No season should
be allowed when the average index is below that level.
Written Comments: The Michigan Department of Natural Resources
supported the Service's strategy for canvasback harvest management.
They recommended allowing a canvasback season in 1994 and continuing
the season for at least 3 years.
The Wisconsin Department of Natural Resources opposed the
reestablishment of closed areas for canvasback hunting, preferring
instead that the season be open Flyway-wide.
3. Mergansers
Council Recommendations: The Central Flyway Council recommended
that the hunting season for mergansers under the conventional
regulation remain unchanged from last year and run concurrently with
the duck season; the daily bag limit would remain at 5, of which no
more than 1 may be a hooded merganser; the possession limit would be
twice the daily bag limit.
The Central Flyway Council also recommended point value changes
under the point system option in determining bag limits and framework
dates that involve mergansers. See item 1. Ducks.
4. Canada Geese
A. Special Seasons
Council Recommendations: The Atlantic Flyway Council recommended
that the Service amend the criteria for late special Canada goose
seasons to require 2-year data collection for proposal submission. They
also recommended a 3-year late experimental season in northeastern New
Jersey for 1995-97. The Atlantic Flyway Council requested that the late
special Canada goose season in Long Island, New York, be discontinued.
B. Regular Seasons
Council Recommendations: The Central Flyway Council recommended
that the dark goose hunting regulations in the east tier States
(Kansas, Nebraska, North Dakota, Oklahoma, South Dakota, and Texas
[Eastern Goose Zone]) be 86 days with a bag limit of 2 in North Dakota
and 2 with no more than 1 white-fronted goose in Kansas, Nebraska,
Oklahoma, South Dakota and the eastern goose zone of Texas. The white-
fronted goose season in Texas should not exceed 72 days, and during the
remaining 14 days of the season, the bag limit will be no more than 2
Canada geese.
The Central Flyway Council recommended that the bag limits for dark
geese in the western tier States (Colorado [east of the Continental
Divide], Montana (Counties of Blaine, Carbon, Fergus, Judith Basin,
Stillwater, Sweetgrass, Wheatland, and all counties east thereof], New
Mexico [east of the Continental Divide except the Jicarilla Apache
Indian Reservation], Texas [Western Goose Zone], and Wyoming [east of
the Continental Divide]) remain unchanged from last year. The dark
goose bag and possession limits would be 3 and 6, respectively, except
in Montana. In Montana, excluding Sheridan County, dark goose bag and
possession limits would be 4 and 8, respectively; and in Sheridan
County they would be 2 and 4, respectively.
The Central Flyway Council recommended that the framework dates for
dark geese hunting in the east tier States be unchanged from last year
and remain as the Saturday nearest October 1 (October 1 in 1994) and
end on January 31. The recommended dates for dark geese in the west
tier States would be unchanged from last year as the Saturday nearest
October 1 (October 1, 1994) through January 31, 1995.
The Upper-Region and Lower-Region Regulations Committees of the
Mississippi Flyway Council recommended several changes in Canada goose
quotas, season lengths, etc., based on population status and population
management plans and programs. The Upper-Region Regulations Committee
also recommended that the Service allow seasons for geese to be split
into 3 segments.
The Pacific Flyway Council recommended allowing cackling Canada
geese to be taken outside their normal range in California, Oregon, and
Washington as part of the prevailing limit on Canada geese. Within
their normal range, the Council recommended that the bag limit would
include not more than 1 cackling Canada goose. The 1-cackler limit
would apply to the Southwestern Washington Goose Quota Area, all of
Oregon, and a majority of California where the season would be
concurrent with the restricted white-fronted goose season.
The Pacific Flyway Council recommended that for Oregon, the Malheur
County Zone be incorporated into a Harney, Klamath, Lake, and Malheur
Counties Zone, thereby allowing the season on dark geese to end on the
Saturday closest to January 20 instead of the first Sunday in January
and the dark goose limit increased from 3 to 4, including not more than
2 whitefronts. The adjacent Southwestern Zone in Idaho would be
permitted similar frameworks to that recommended for Malheur County.
The Pacific Flyway Council sought a limited resumption of cackling
Canada goose hunting throughout the population's range and recommended
that the Service provide an expedited Section 7 Consultation review of
their recommended changes in cackling Canada goose regulations for
possible impacts on Aleutian Canada geese.
Written Comments: The Delaware Division of Fish and Wildlife
requested that the Service review the Federal frameworks for hunting
Canada geese on the DelMarva Peninsula. They believe that the existing
frameworks are more liberal than can be justified based on the size of
the population. They maintain that high harvest rates on adult birds
are suppressing the population and preventing a recovery. During the
1993-94 hunting season, Delaware voluntarily restricted their seasons,
but because these Canada goose populations move about the Peninsula,
they believe that harvest pressure should be reviewed in parts of
Delaware, Maryland, and Virginia and appropriate action taken to reduce
harvest and protect these migrant Canada geese.
Representative Steve Gunderson (Wisconsin) requested that the
Mississippi River Subzone in Wisconsin be declared a giant Canada goose
harvest area and removed from Canada goose harvest-quota considerations
for the State.
The Minnesota Department of Natural Resources requested a change in
the boundary of their West-Central Goose Zone, as required by State
legislation. They indicated that they had requested endorsement of the
proposed change by the Upper-Region Regulations Committee of the
Mississippi Flyway Council; however, the Committee did not endorse it.
5. White-fronted Geese
Council Recommendations: The Central Flyway recommendations
regarding dark geese involve white-fronted geese. See item 4. Canada
Geese.
The Mississippi Flyway Council recommended no change in frameworks.
The Pacific Flyway Council recommended that: for Washington, the
special bag restriction on white-fronted geese be removed, allowing
them to be within the overall 4-dark goose limit; for Oregon, the
season on white-fronted geese be allowed to open at the same time as
the dark goose season, which would be approximately 1 week earlier than
currently allowed; and for California, the white-fronted goose season
would be extended by 2 weeks within the Sacramento Valley special goose
closure portion of the ``Balance-of-the-State'' Zone.
The 1993 fall index of 295,300 geese represents a 28 percent
increase from 1992. The current 3-year average is 254,300, with a
population objective of 300,000. Favorable nesting conditions and the
resulting good reproduction indicate an increase in the fall flight for
1994. Changes to be proposed in California, Oregon, and Washington
would likely result in an increase in harvest of approximately 3,750
birds. This represents less than 2 percent of the current population
index and should continue to meet management plan objectives of 5-10
percent annual rates of increase. These changes would also simplify
regulations in Washington while allowing Oregon and the Northeastern
Zone of California seasons to open at the same time.
The Association of Village Council Presidents, representing Native
American interests in the Yukon-Kuskokwim Delta area of Alaska,
supported modest liberalizations of white-fronted goose seasons in
Alaska and Washington. However, they did not support further
liberalizations in Oregon or California, noting that liberalizations
occurred during each of the preceding years and that it was difficult
to measure the effects of these incremental changes.
6. Brant
Council Recommendations: The Atlantic Flyway Council recommended a
2-bird daily bag limit and a 50-day season length for brant.
The Central Flyway recommendations regarding dark geese involve
brant. See item 4. Canada Geese.
The Upper-Region Regulations Committee of the Mississippi Flyway
Council recommended that the daily bag limit for brant be reduced to 2
birds to better conform with limits in other Flyways.
7. Snow and Ross' (Light) Geese
Council Recommendations: The Central Flyway Council recommended
that the east and west tier States be allowed a light goose hunting
season of 107 days, which is unchanged from last year. For east tier
States, the Council recommended light goose bag and possession limits
of 10 and 20, respectively, which is unchanged from last year. The
Council recommended that for west tier States the light goose bag and
possession limits would be unchanged from last year at 5 and 10,
respectively, except in the Middle Rio Grande Valley (Socorro and
Valencia Counties) of New Mexico, where the bag and possession limits
would be 10 and 20, respectively, which are also unchanged from last
year.
The Central Flyway Council recommended that the framework dates for
the hunting of light geese in both the east and west tier States would
be from the Saturday nearest October 1 (October 1, 1994) through the
Sunday nearest February 15 (February 12, 1995), except in Colorado, New
Mexico, Texas, Oklahoma, and Kansas where the closing framework date
would be extended to February 28, 1995.
The Central Flyway Council recommended that the State of Kansas be
allowed to modify its boundaries for light goose hunting as follows:
The zone boundary for Zone 1 (Light goose) be modified to
include that portion of Kansas east of the Kansas Highway 99, and
Zone 2 include the remainder of the State west of Highway 99.
The Mississippi Flyway Council recommended that the season length
for light geese be increased from 80 to 107 days.
The Pacific Flyway Council recommended a season framework
adjustment to extend the light goose closing date for Malheur County of
Oregon and southwest Idaho from the first Sunday in January to the
Sunday closest to January 20. Malheur County would become part of a
Harney, Klamath, Lake, and Malheur Counties Zone. This adjustment
aligns the framework of the affected area with the remainder of the
Flyway.
Written Comments: The Texas Parks and Wildlife Department supported
a change in the Federal frameworks that would extend the hunting of
light geese until February 28. This change would allow for increased
harvest of the mid-continent population of lesser snow geese which are
at record high levels and, because of these increases, may be
threatening their own breeding habitat.
8. Tundra swans.
Council Recommendations: The Central Flyway Council recommended
that the experimental swan season in North Dakota be granted an
additional year of experimental status with a final report due on June
1, 1995.
The Pacific Flyway Council recommended that the number of permits
authorizing the take of 1 tundra swan per season be increased in Utah
from 2,500 to 2,800 to compensate for lost hunting opportunity from a
State-imposed early season closure. As an informational item, the
Council recommends that Montana, Nevada, and Utah be more restrictive
than Federal frameworks by: (1) implementing a monitoring program to
assess the number of trumpeter swans, if any, taken accidentally during
the tundra swan season, (2) Utah's season would end on or before
December 15 and the Green River Area would be closed to swan hunting.
The 3-year-average Midwinter population index of 79,406 tundra swans is
well above the Flyway objective level of 38,000. Proposed frameworks
will result in harvest levels within those prescribed in the 1989
Tundra Swan Hunt Plan endorsed by the Pacific Flyway Council. The
changes are premised on the implementation of the State-Federal
cooperative program for hazing trumpeter swans from winter
concentration areas near Harriman State Park in Idaho to more favorable
sites.
Written Comments: Mr. D. C. Carlton, representing the Biodiversity
Legal Foundation (Foundation), commented on the management of the Rocky
Mountain Population (RMP) of trumpeter swans. He detailed the status
and perceived threats to these swans, reviewed past and current
management actions, and concluded that leadership, actions, and funding
by the Service are inadequate to assure the population's recovery and
believes they warrant listing under the Endangered Species Act. Among
many recommendations directed at improving the effectiveness of range-
expansion efforts directed at benefiting these swans, those germane to
hunting regulations included: (1) not allowing either a permitted or
incidental take of trumpeter swans during a tundra swan season, (2)
having no open seasons for hunting tundra swans in the most critical
trumpeter swan range expansion areas, including all of Utah and Nevada,
(3) modifying hunting regulations on National Wildlife Refuges in
Montana, Utah, and Nevada to provide sanctuary for resting,
reproduction, and rearing of cygnets, and (4) ending waterfowl hunting
after October 20 at two sites on the Snake River in Idaho, at a site on
the Green River, including Seedskadee National Wildlife Refuge in
Wyoming, and in unspecified areas within the Tristate Yellowstone
region.
Ms. Heidi Prescott, on behalf of The Fund for Animals, Inc.,
highlighted recent survey reports, reviewed portions of the Pacific
Flyway Council's management plan and a report by Ms. Ruth Shea, a
Service employee, and presented the group's views regarding management
action pertaining to RMP trumpeter swans. The Fund for Animals, Inc.,
concurred with the recommendations of the Biodiversity Legal Foundation
pertaining to migratory game bird hunting contained in the
aforementioned letter from Mr. D. C. Carlton.
Mr. D. J. Schubert, also on behalf of the Fund for Animals, Inc.,
reiterated certain concerns and needed actions deemed necessary for
successful range expansion of RMP trumpeter swans. He believed that a
mandatory check of swans taken by hunters in Utah and Nevada is
necessary to measure the level of accidental take. While the purposeful
hazing of trumpeter swans to more favorable winter sites has merit, it
put more trumpeter swans at risk in tundra swan hunt areas; and he
therefore recommended a new management strategy. The Fund for Animals
believes there are two possible management strategy changes that would
minimize excessive killing of trumpeter swans and still be consistent
with the Migratory Bird Treaty Act: (1) prohibit hunting of tundra
swans in Utah and Nevada; or, although less preferred, (2) prohibit
hunting in certain critical areas in Utah. Under both options, security
areas should be established in Idaho, and recreational activities such
as waterfowl hunting and boating should be evaluated for possible
negative impacts on trumpeter swan behavior and habitat use. Should
intensive hazing be pursued to disperse birds to more favorable
wintering sites, and if law enforcement policy is to be changed to
facilitate the collection of information on the accidental take of
trumpeter swans during the tundra swan season, the Fund for Animals
recommended that: (1) both Idaho and Wyoming Game and Fish Departments
provide sanctuaries in designated areas; (2) the Utah Division of
Wildlife Resources, at the maximum, not hunt swans or, at the minimum,
not hunt swans in Box Elder, Cache, and Rich Counties; (3) the Nevada
Division of Wildlife close Stillwater Wildlife Management Area to swan
hunting; (4) the Service close all National Wildlife Refuges in Utah
and Nevada to the hunting of tundra swans; and (5) should the
aforenamed States not exercise the recommended action, the Service
should do so. Additionally, all States should enhance their hunter-
education programs to emphasize proper identification of swans and
waterfowl to minimize the accidental take of trumpeter swans as a
result of other hunting seasons.
Mr. Michael Roy, on behalf of the National Wildlife Federation,
expressed concern about the successful continuation of the RMP
trumpeter swan range-expansion program, in part because of a perceived
ineffective and confusing management structure that is not adequately
represented by all interested parties, and in part by accidental take
of trumpeter swans during tundra swan seasons in Utah. He believes
certain recommendations provided by Ms. Ruth Shea, a Service employee,
were reasoned and practical and, if implemented, would enhance range-
expansion efforts. Premised on Ms. Shea's recommendations, he
recommended that tundra swan hunting in Utah be discontinued from the
southern boundary of the Bear River National Wildlife Refuge north and
east to the Idaho and Wyoming borders for an initial 5-year period.
This closure would be intended to minimize the accidental take of
trumpeter swans during translocation activities and, hopefully, tundra
swan hunting could be reinstated afterwards.
Ms. Louisa Willcox, representing the Greater Yellowstone Coalition,
raised questions regarding the Service's role in managing RMP trumpeter
swans and funding efforts to increase their numbers and expand their
distribution. She asked how the Service will monitor the accidental
take of trumpeter swans during tundra swan hunting seasons in Montana,
Nevada, North Dakota, South Dakota, and Utah and what measures will be
taken to minimize the potential losses. She also asked why the Service
has not sought establishment of trumpeter swan wintering sites outside
the Montana-Idaho-Wyoming region. She requested that the Service
develop a long-term strategy to prevent wintering waterfowl, including
trumpeter swans, from damaging vegetation and fish habitat at Harriman
State Park in Idaho.
10. Coots
Council Recommendations: The Central Flyway Council recommended
that the hunting season for coots remain unchanged from last year and
would run concurrently with the duck season with the daily bag limit as
15 and the possession limit as twice the daily bag limit.
23. Other
Council Recommendations: The Atlantic Flyway Council recommended
that the Service provide compensatory days for State-imposed Sunday-
hunting prohibitions.
Written Comments: Two local sportsmen's organizations from
Massachusetts suggested compensatory days for those days lost due to
State-imposed Sunday-hunting prohibitions.
Public Comment Invited
Based on the results of migratory game bird studies now in
progress, and having due consideration for any data or views submitted
by interested parties, the possible amendments resulting from this
supplemental rulemaking will specify open seasons, shooting hours, and
bag and possession limits for designated migratory game birds in the
United States.
The Service intends that adopted final rules be as responsive as
possible to all concerned interests, and therefore desires to obtain
for consideration the comments and suggestions of the public, other
concerned governmental agencies, and private interests on these
proposals. Such comments, and any additional information received, may
lead to final regulations that differ from these proposals.
Special circumstances are involved in the establishment of these
regulations which limit the amount of time that the Service can allow
for public comment. Specifically, two considerations compress the time
in which the rulemaking process must operate: (1) the need to establish
final rules at a point early enough in the summer to allow affected
State agencies to appropriately adjust their licensing and regulatory
mechanisms; and (2) the unavailability of specific, reliable data on
this year's status before mid-June for migratory shore and upland game
birds and some waterfowl, and before late July for most waterfowl.
Therefore, the Service believes that to allow comment periods past the
dates specified is contrary to the public interest.
Comment Procedure
It is the policy of the Department of the Interior, whenever
practical, to afford the public an opportunity to participate in the
rulemaking process. Accordingly, interested persons may participate by
submitting written comments to the Chief, Office of Migratory Bird
Management, U.S. Fish and Wildlife Service, Department of the Interior,
ms 634--ARLSQ, 1849 C Street, NW., Washington, DC 20240. Comments
received will be available for public inspection during normal business
hours at the Service's office in room 634, Arlington Square Building,
4401 N. Fairfax Drive, Arlington, Virginia.
All relevant comments received during the comment period will be
considered. The Service will attempt to acknowledge comments received,
but a substantive response to individual comments may not be provided.
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 EPA on June 9, 1988. Notice of Availability was
published in the Federal Register on June 16, 1988 (53 FR 22582). The
Service's Record of Decision was published on August 18, 1988 (53 FR
31341). However, this programmatic document does not prescribe year-
specific regulations; those are developed annually. The annual
regulations and options are being considered in the Environmental
Assessment, ``Waterfowl Hunting Regulations for 1993,'' which is
available upon request.
Endangered Species Act Consideration
In August 1994, the Division of Endangered Species concluded that
the proposed action is not likely to jeopardize the continued existence
of listed species or result in the destruction or adverse modification
of their critical habitats. Hunting regulations are designed, among
other things, to remove or alleviate chances of conflict between
seasons for migratory game birds and the protection and conservation of
endangered and threatened species and their habitats. The Service's
biological opinions resulting from its consultation under Section 7 are
considered public documents and are available for inspection in the
Division of Endangered Species and the Office of Migratory Bird
Management.
Regulatory Flexibility Act; Executive Order 12866; and the
Paperwork Reduction Act
In the Federal Register dated April 7, 1994 (59 FR 16762), the
Service reported measures it had undertaken to comply with requirements
of the Regulatory Flexibility Act and the Executive Order. These
included preparing an Analysis of Regulatory Effects and an updated
Final Regulatory Impact Analysis, under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq), and publication of a summary of the latter. This
information is included in the present document by reference. This
action was not subject to review by the Office of Management and Budget
under E.O. 12866. This rule does not contain any information collection
requiring approval by the Office of Management and Budget under 44
U.S.C. 3504.
Authorship
The primary author is Robert J. Blohm, Office of Migratory Bird
Management.
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 1994-95
hunting season are authorized under the Migratory Bird Treaty Act (July
3, 1918), as amended, (16 U.S.C. 703-711); the Fish and Wildlife
Improvement Act (November 8, 1978), as amended, (16 U.S.C. 712); and
the Fish and Wildlife Act of 1956 (August 8, 1956), as amended, (16
U.S.C. 742 a--j)
Dated: August 18, 1994
George T. Frampton, Jr.
Assistant Secretary for Fish and Wildlife and Parks
Proposed Regulations Frameworks for 1994-95 Late Hunting Seasons on
Certain Migratory Game Birds
Pursuant to the Migratory Bird Treaty Act and delegated
authorities, the Director has approved frameworks for season lengths,
shooting hours, bag and possession limits, and outside dates within
which States may select seasons for hunting waterfowl and coots between
the dates of September 1, 1994, and March 10, 1995.
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.
Definitions: For the purpose of hunting regulations listed below,
the collective terms ``dark'' and ``light'' geese include the following
species:
Dark geese - Canada geese, white-fronted geese, and brant.
Light geese - lesser snow (including blue) geese, greater snow
geese, and Ross' geese.
Area, Zone, and Unit Descriptions: Geographic descriptions that
differ from those published in the September 22, 1992, Federal Register
(at 57 FR 43876) are contained in a later portion of this document.
Area-Specific Provisions: Frameworks for open seasons, season
lengths, bag and possession limits, and other special provisions are
listed below by flyway.
Atlantic Flyway
The 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.
Ducks, Mergansers, and Coots
Outside Dates: Between October 1 and January 20.
Hunting Seasons and Duck Limits: Either (a) 30 days and daily bag
limit of 4 ducks, including no more than 3 mallards (no more than 1 of
which may be a female), 2 wood ducks, 2 redheads, 1 canvasback, 1 black
duck, 1 mottled duck, 1 pintail, and 1 fulvous whistling duck or (b) 40
days and daily bag limit of 3 ducks, and the other restrictions shown
above.
Closures: The season on harlequin ducks is closed.
Sea Ducks: In all areas outside of special sea duck areas, sea
ducks are included in the regular duck daily bag and possession limits.
However, during the regular duck season within the special sea duck
areas, the sea duck daily bag and possession limits may be in addition
to the regular duck daily bag and possession limits.
Merganser Limits: The daily bag limit of mergansers is 5, only 1 of
which may be a hooded merganser.
Coot Limits: The daily bag limit is 15 coots.
Lake Champlain Zone, New York: The waterfowl seasons, limits, and
shooting hours shall be the same as those selected for the Lake
Champlain Zone of Vermont.
Zoning and Split Seasons: Delaware, Maryland, North Carolina, Rhode
Island, and Virginia may split their seasons into three segments;
Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York,
Pennsylvania, Vermont, and West Virginia may select hunting seasons by
zones and may split their seasons into two segments in each zone; while
Florida, Georgia, and South Carolina may split their Statewide seasons
into two segments.
Canada Geese
Season Lengths, Outside Dates, and Limits: Unless specified
otherwise, seasons may be split into two segments. Seasons in States,
and in independently described goose management units within States,
may be as follows:
Connecticut: 70 days between October 1 and January 31, with 1 goose
per day through October 15; 2 geese per day through December 31; and 3
geese per day thereafter; 1 goose per day for the first 8 days after
the opening. In addition, a special experimental season may be held in
the South Zone between January 15 and February 15, with 5 geese per
day.
Delaware: 60 days between November 16 and January 20, with 1 goose
per day for the first 20 days; 2 geese per day thereafter.
Florida: Closed season.
Georgia: In specific areas, an 8-day experimental season may be
held between November 15 and February 5, with a limit of 5 Canada geese
per day.
Maine: 70 days between October 1 and January 31, with 1 goose per
day through October 15; 2 geese per day through December 31; and 3
geese per day thereafter; 1 goose per day for the first 8 days after
the opening.
Maryland: 60 days between November 16 and January 20, with 1 goose
per day for the first 20 days and 2 geese per day thereafter.
Massachusetts: 70 days between October 1 and January 31, with 1
goose per day through October 15; 2 geese per day through December 31;
and 3 geese per day thereafter; 1 goose per day for the first 8 days
after the opening. In addition, a special 16-day season for resident
Canada geese may be held in the Coastal and Central Zones during
January 21 to February 5, with 5 geese per day.
New Hampshire: 70 days between October 1 and January 31, with 1
goose per day through October 15; 2 geese per day through December 31;
and 3 geese per day thereafter; 1 goose per day for the first 8 days
after the opening.
New Jersey: 70 days between October 15 and January 31, with 1 goose
per day through November 15; 2 geese per day through December 31; 3
geese per day thereafter; 1 goose per day for the first 8 days after
the opening; no more than 15 days before November 16. In addition, an
experimental special season may be held in a designated area of
Northeastern New Jersey from January 28 to February 11, 1995, with 5
geese per day.
New York:
Northeastern Zone - 70 days between October 1 and January 31, with
1 goose per day through October 15; 2 geese per day through December
31; and 3 geese per day thereafter; 1 goose per day for the first 8
days after the opening.
Remainder of State - 70 days between October 15 and January 31,
with 1 goose per day through November 15; 2 geese per day through
December 31; 3 geese per day thereafter; 1 goose per day for the first
8 days after the opening; no more than 15 days before November 16.
North Carolina:
East Zone - Suspended.
West Zone - Suspended.
Pennsylvania:
South Zone - 70 days between October 15 and January 31, with 1
goose per day through November 15; 2 geese per day through December 31;
3 geese per day thereafter; 1 goose per day for the first 8 days after
the opening; no more than 15 days before November 16. In addition, an
experimental season may be held in the Susquehanna/Juniata Zones from
January 20 to February 5 with 5 geese per day.
Erie, Mercer, and Butler Counties - 70 days between October 1 and
January 31, with 1 goose per day through October 15; 2 geese per day
thereafter; 1 goose per day for the first 8 days after the opening.
Crawford County - 35 days between October 1 and January 20; with 1
goose per day.
Remainder of State - 70 days between October 1 and January 31, with
1 goose per day through October 15; 2 geese per day through December
31; and 3 geese per day thereafter; 1 goose per day for the first 8
days after the opening.
Rhode Island: 70 days between October 1 and January 31, with 1
goose per day through October 15; 2 geese per day through December 31;
and 3 geese per day thereafter; 1 goose per day for the first 8 days
after the opening.
South Carolina: Suspended regular season. A 4-day special season
may be held in the Central Piedmont, Western Piedmont, and Mountain
Hunt Units during January 15 to February 15, with a daily bag limit of
5 Canada geese per day.
Vermont: 70 days between October 1 and January 31, with 1 goose per
day through October 15; 2 geese per day through December 31; and 3
geese per day thereafter; 1 goose per day for the first 8 days after
the opening.
Virginia:
Back Bay - Suspended.
Remainder - 60 days between November 16 and January 20, with 1
goose per day for the first 20 days; 2 geese per day thereafter.
West Virginia: 70 days between October 1 and January 20, with 3
geese per day.
Light Geese
Season Lengths, Outside Dates, and Limits: States may select a 107-
day season between October 1 and February 10, with 5 geese per day.
States may split their seasons into two segments.
Brant
Season Lengths, Outside Dates, and Limits: States may select a 50-
day season between October 1 and January 20, with 2 brant per day.
Mississippi Flyway
The Mississippi Flyway includes Alabama, Arkansas, Illinois,
Indiana, Iowa, Kentucky, Louisiana, Michigan, Minnesota, Mississippi,
Missouri, Ohio, Tennessee, and Wisconsin.
Ducks, Mergansers, and Coots
Outside Dates: Between October 1 and January 20.
Hunting Seasons and Duck Limits: Either (a) 30 days and daily bag
limit of 4 ducks, including no more than 3 mallards (no more than 1 of
which may be a female), 3 mottled ducks, 1 black duck, 1 pintail, 2
wood ducks, 1 canvasback, and 1 redhead or (b) 40 days and daily bag
limit of 3 ducks, including no more than 2 mallards (no more than 1 of
which may be a female), and the other restrictions shown above.
Merganser Limits: The daily bag limit is 5, only 1 of which may be
a hooded merganser.
Coot Limits: The daily bag limit is 15 coots.
Zoning and Split Seasons: Alabama, Illinois, Indiana, Iowa,
Kentucky, Louisiana, Michigan, Missouri, Ohio, Tennessee, and Wisconsin
may select hunting seasons by zones.
In Alabama, Indiana, Iowa, Kentucky, Louisiana, Michigan, Ohio,
Tennessee, and Wisconsin, the season may be split into two segments in
each zone.
In Mississippi, the season may be split into two segments.
In Arkansas and Minnesota, the season may be split into three
segments.
Pymatuning Reservoir Area, Ohio: The seasons, limits, and shooting
hours shall be the same as those selected in the adjacent portion of
Pennsylvania (Northwest Zone).
Geese
Split Seasons: Seasons for geese may be split into two segments.
Season Lengths, Outside Dates, and Limits: States may select
seasons for geese not to exceed 70 days for dark geese between the
Saturday nearest October 1 (October 1) and January 31, and 107 days for
light geese between the Saturday nearest October 1 (October 1), and
February 14. The daily bag limit is 7 geese, to include no more than 2
Canada geese, 2 white-fronted geese, and 2 brant. Specific regulations
for Canada geese and exceptions to the above general provisions are
shown below by State.
Alabama: In the SJBP Goose Zone, the season for Canada geese may
not exceed 35 days. Elsewhere, the season for Canada geese may extend
for 70 days in the respective duck-hunting zones. The daily bag limit
is 2 Canada geese.
Arkansas: The season for Canada geese may extend for 23 days in the
East Zone. In the West Zone, an experimental season for Canada geese of
up to 14 days may be selected. In both zones, the season may extend to
February 15. The daily bag limit is 2 Canada geese. In the remainder of
the State, the season for Canada geese is closed.
Illinois: The total harvest of Canada geese in the State will be
limited to 109,600 birds.
(a) Southern Illinois Quota Zone - The season for Canada geese will
close after 51 days or when 39,800 birds have been harvested, whichever
occurs first. Limits are 2 Canada geese daily and 10 in possession. All
harvested Canada geese in excess of twice the daily bag limit that are
transported outside the zone must be tagged with tags containing the
name and signature of the hunter and the date and location where the
birds were taken. If any of the following conditions exist after
December 20, the State, after consultation with the Service, will close
the season by emergency order with 48 hours notice:
1. 10 consecutive days of snow cover, 3 inches or more in depth.
2. 10 consecutive days of daily high temperatures less than 20
degrees F.
3. Average body weights of adult female geese less than 3,200
grams as measured from a weekly sample of a minimum of 50 geese.
4. Starvation or a major disease outbreak resulting in observed
mortality exceeding 5,000 birds in 10 days, or a total mortality
exceeding 10,000 birds.
(b) Rend Lake Quota Zone - The season for Canada geese will close
after 51 days or when 11,400 birds have been harvested, whichever
occurs first. Limits are 2 Canada geese daily and 10 in possession. All
harvested Canada geese in excess of twice the daily bag limit that are
transported outside the zone must be tagged with tags containing the
name and signature of the hunter and the date and location where the
birds were taken.
(c) Northern Illinois Quota Zone - The season for Canada geese will
close after 51 days or when 13,000 birds have been harvested, whichever
occurs first. The daily bag limit is 2 Canada geese.
(d) Central Illinois Quota Zone - The season for Canada geese will
close after 51 days or when 22,400 birds have been harvested, whichever
occurs first. The daily bag limit is 2 Canada geese.
(e) Remainder of the State - The season for Canada geese may extend
for 51 days in the respective goose zones. The daily bag limit is 2
Canada geese.
Indiana: The total harvest of Canada geese in the State will be
limited to 61,900 birds.
(a) Posey County - The season for Canada geese will close after 53
days or when 4,550 birds have been harvested, whichever occurs first.
The daily bag limit is 2 Canada geese.
(b) Remainder of the State - The season for Canada geese may extend
for 70 days in the respective duck-hunting zones, except in the SJBP
Zone, where the season may not exceed 35 days. The daily bag limit is 2
Canada geese.
Iowa: The season may extend for 55 days in the respective duck-
hunting zones and may open no earlier than October 8. The daily bag
limit is 2 Canada geese.
Kentucky:
(a) Western Zone - The season for Canada geese may extend for 53
days (66 days in Fulton County), and the harvest will be limited to
21,900 birds. Of the 21,900-bird quota, 14,300 birds will be allocated
to the Ballard Reporting Area and 4,200 birds will be allocated to the
Henderson/Union Reporting Area. If the quota in either reporting area
is reached prior to completion of the 53-day season, the season in that
reporting area will be closed. If this occurs, the season in those
counties and portions of counties outside of, but associated with, the
respective subzone (listed in State regulations) may continue for an
additional 7 days, not to exceed a total of 53 days (66 days in Fulton
County). The season in Fulton County may extend to February 13. The
daily bag limit is 2 Canada geese.
(b) Pennyroyal/Coalfield Zone - The season may extend for 35 days.
The daily bag limit is 2 Canada geese.
(c) Remainder of the State - The season may extend for 50 days. The
daily bag limit is 2 Canada geese.
Louisiana: Louisiana may hold 107-day seasons for light geese and
70-day seasons for white-fronted geese and brant between the Saturday
nearest October 1 (October 1) and February 14 in the respective duck-
hunting zones. The daily bag limit is 7 geese, to include no more than
2 white-fronted geese and 2 brant, except as noted below. In the
Southwest Zone, a 9-day season for Canada geese may be held. During the
Canada goose season, the daily bag limit for Canada and white-fronted
geese in the Southwest Zone is 2, no more than 1 of which may be a
Canada goose. Hunters participating in the Canada goose season must
possess a special permit issued by the State.
Michigan: The total harvest of Canada geese in the State will be
limited to 63,100 birds.
(a) North Zone - The framework opening date for all geese is
September 24 and the season for Canada geese may extend for 23 days.
The daily bag limit is 2 Canada geese.
(b) Middle Zone - The season for Canada geese may extend for 23
days. The daily bag limit is 2 Canada geese.
(c) South Zone
(1) Allegan County GMU - The season for Canada geese will close
after 50 days or when 2,000 birds have been harvested, whichever
occurs first. The daily bag limit is 2 Canada geese.
(2) Muskegon Wastewater GMU - The season for Canada geese will
close after 53 days or when 400 birds have been harvested, whichever
occurs first. The daily bag limit is 2 Canada geese.
(3) Saginaw County GMU - The season for Canada geese will close
after 40 days or when 2,000 birds have been harvested, whichever
occurs first. The daily bag limit is 2 Canada geese.
(4) Tuscola/Huron GMU - The season for Canada geese will close
after 40 days or when 750 birds have been harvested, whichever
occurs first. The daily bag limit is 2 Canada geese.
(5) Remainder of South Zone - The season for Canada geese may
extend for 30 days. The daily bag limit is 1 Canada goose.
(d) Southern Michigan GMU - An experimental special Canada goose
season may be held between January 7 and February 5. The daily bag
limit is 2 Canada geese.
Minnesota:
(a) West Zone
(1) West Central Zone - The season for Canada geese may extend
for 30 days. In the Lac Qui Parle Zone the season will close after
30 days or when a harvest index of 4,000 birds has been reached,
whichever occurs first. Throughout the West Central Zone, the daily
bag limit is 1 Canada goose.
(2) Remainder of West Zone - The season for Canada geese may
extend for 40 days. The daily bag limit is 1 Canada goose.
(b) Northwest Zone - The season for Canada geese may extend for 40
days. The daily bag limit is 1 Canada goose.
(c) Southeast Zone - The season for Canada geese may extend for 70
days, except in the Twin Cities Metro Zone and Olmsted County, where
the season may not exceed 80 days. The daily bag limit is 2 Canada
geese.
(d) Remainder of the State - The season for Canada geese may extend
for 50 days. The daily bag limit is 2 Canada geese.
(e) Fergus Falls/Alexandria Zone - An experimental special Canada
goose season of up to 10 days may be held in December. During the
special season, the daily bag limit is 2 Canada geese.
Mississippi: The season for Canada geese may extend for 70 days.
The daily bag limit is 2 Canada geese.
Missouri:
(a) Swan Lake Zone - The season for Canada geese will close after
40 days or when 5,000 birds have been harvested, whichever occurs
first. The daily bag limit is 2 Canada geese.
(b) Schell-Osage Zone - The season for Canada geese may extend for
40 days. The daily bag limit is 2 Canada geese.
(c) Central Zone - The season for Canada geese may extend for 50
days. The daily bag limit is 2 Canada geese. An experimental special
season of up to 10 consecutive days prior to October 15 may be selected
in addition to the regular season. During the special season, the daily
bag limit is 3 Canada geese.
(d) Remainder of the State - The season for Canada geese may extend
for 50 days in the respective duck-hunting zones. The daily bag limit
is 2 Canada geese.
Ohio: The season may extend for 70 days in the respective duck-
hunting zones, with a daily bag limit of 2 Canada geese, except in the
Lake Erie SJBP Zone, where the season may not exceed 30 days and the
daily bag limit is 1 Canada goose. In the Pymatuming Reservoir Area,
the seasons, limits, and shooting hours for all geese shall be the same
as those selected in the adjacent portion of Pennsylvania.
Tennessee:
(a) Northwest Zone - The season for Canada geese will close after
75 days or when 8,100 birds have been harvested, whichever occurs
first. The season may extend to February 15. The daily bag limit is 2
Canada geese.
(b) Southwest Zone - The season for Canada geese may extend for 59
days, and the harvest will be limited to 1,000 birds. The daily bag
limit is 2 Canada geese.
(c) Kentucky/Barkley Lakes Zone - The season for Canada geese will
close after 50 days or when 1,800 birds have been harvested, whichever
occurs first. All geese harvested must be tagged. The daily bag limit
is 2 Canada geese.
(d) Remainder of the State - The season for Canada geese may extend
for 70 days. The daily bag limit is 2 Canada geese.
Wisconsin: The total harvest of Canada geese in the State will be
limited to 76,800 birds.
(a) Horicon Zone - The framework opening date for all geese is
September 24. The harvest of Canada geese is limited to 41,000 birds.
The season may not exceed 80 days. All Canada geese harvested must be
tagged. The daily bag limit is 1 Canada goose and the season limit will
be the number of tags issued to each permittee.
(b) Collins Zone - The framework opening date for all geese is
September 24. The harvest of Canada geese is limited to 1,300 birds.
The season may not exceed 61 days. All Canada geese harvested must be
tagged. The daily bag limit is 2 Canada geese and the season limit will
be the number of tags issued to each permittee.
(c) Exterior Zone - The framework opening date for all geese is
October 1. The harvest of Canada geese is limited to 30,000 birds, with
500 birds allocated to the Mississippi River Subzone. The season may
not exceed 70 days and the daily bag limit is 1 Canada goose. In the
Mississippi River Subzone, the season for Canada geese may extend for
70 days in each duck zone. In that portion of the Exterior Zone outside
the Mississippi River Subzone, the progress of the harvest must be
monitored, and the season closed, if necessary, to ensure that the
harvest does not exceed 29,500 birds.
Additional Limits: In addition to the harvest limits stated for the
respective zones above, an additional 4,500 Canada geese may be taken
in the Horicon Zone under special agricultural permits.
Quota Zone Closures: When it has been determined that the quota of
Canada geese allotted to the Northern Illinois, Central Illinois,
Southern Illinois, and Rend Lake Quota Zones in Illinois, Posey County
in Indiana, the Ballard and Henderson-Union Subzones in Kentucky, the
Allegan County, Muskegon Wastewater, Saginaw County, and Tuscola/Huron
Goose Management Units in Michigan, the Lac Qui Parle Zone in
Minnesota, the Swan Lake Zone in Missouri, and the Northwest and
Kentucky/Barkley Lakes Zones in Tennessee will have been filled, the
season for taking Canada geese in the respective area will be closed by
either the Director upon giving public notice through local information
media at least 48 hours in advance of the time and date of closing, or
by the State through State regulations with such notice and time (not
less than 48 hours) as they deem necessary.
Central Flyway
The 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).
Ducks, Mergansers, and Coots
Outside Dates: October 1 through January 20.
Hunting Seasons and Duck Limits:
(1) High Plains Mallard Management Unit (roughly defined as that
portion of the Central Flyway which lies west of the 100th meridian):
Either (a) 51 days and daily bag limit of 4 ducks, including no more
than 1 of which may be a female mallard, 1 mottled duck, 1 pintail, 1
redhead, 1 canvasback and 2 wood ducks or (b) 61 days and daily bag
limit of 3, and the other restrictions shown above. Under both options,
the last 12 days may start no earlier than the Saturday nearest
December 10 (December 10).
(2) Remainder of the Central Flyway: Either (a) 39 days and daily
bag limit of 4 ducks, including no more than 1 female mallard, 1
mottled duck, 1 pintail, 1 redhead, 1 canvasback and 2 wood ducks or
(b) 49 days and daily bag limit of 3 ducks, and the other restrictions
shown above.
Merganser Limits: The daily bag limit of 5 mergansers may be taken,
only 1 of which may be a hooded merganser.
Coot Limits: The daily bag limit is 15 coots.
Zoning and Split Seasons: Montana, Nebraska (Low Plains portion),
New Mexico, Oklahoma (Low Plains portion), and South Dakota (Low Plains
portion) may select hunting seasons by zones.
In Montana, Nebraska (Low and High Plains portions), New Mexico,
North Dakota (Low Plains portion), Oklahoma (Low and High Plains
portions), South Dakota (High Plains portion), and Texas (Low Plains
portion), the season may be split into two segments.
In Colorado, Kansas (Low and High Plains portions), North Dakota
(High Plains portion), and Wyoming, the season may be split into three
segments.
Geese
Season Lengths, Outside Dates, and Limits: Seasons may be split
into two segments. The Saturday nearest October 1 (October 1), through
January 31, for dark geese and the Saturday nearest October 1 (October
1), through the Sunday nearest February 15 (February 12), except in
Colorado, Kansas, New Mexico, Oklahoma, and Texas, where the closing
date is February 28, for light geese. Seasons in States, and
independently in described goose management units within States, may be
as follows:
Colorado: No more than 107 days, with a daily bag limit of 5 light
and 3 dark geese.
Kansas: For dark geese, no more than 86 days, with a daily bag
limit of 2, including no more than 1 white-fronted goose.
For light geese, no more than 107 days, with a daily bag limit of
10.
Montana: No more than 107 days, with daily bag limits of 2 dark and
5 light geese in Sheridan County and 4 dark and 5 light geese in the
remainder of the Central Flyway portion.
Nebraska: For dark geese, no more than 86 days, with a daily bag
limit of not more than 2, which may include no more than 1 white-
fronted goose.
For light geese, no more than 107 days, with a daily bag limit of
10.
New Mexico: No more than 107 days, with a daily bag limit of 5
light and 3 dark geese, except in the Middle Rio Grande Valley where
the daily bag limit of light geese is 10.
North Dakota: For dark geese, no more than 86 days, with a daily
bag limit of 2.
For light geese, no more than 107 days, with a daily bag limit of
10.
Oklahoma: For dark geese, no more than 86 days, with a daily bag
limit of 2, including no more than 1 white-fronted goose.
For light geese, no more than 107 days, with a daily bag limit of
10.
South Dakota: For dark geese, no more than 86 days, with a daily
bag limit of not more than 2, including no more than 1 white-fronted
goose.
For light geese, no more than 107 days, with a daily bag limit of
10.
Texas: For the West Unit, no more than 107 days, with a daily bag
limit of 5 light and 3 dark geese.
For dark geese in the East Unit, no more than 86 days. The daily
bag limit is 2, including no more than 1 white-fronted goose during the
first 72 days; during the last 14 days, the season is closed on white-
fronted geese and the daily bag limit is 2 Canada geese.
For light geese in the East Unit, no more than 107 days, with a
daily bag limit of 10.
Wyoming: No more than 107 days, with a daily bag limit of 5 light
and 3 dark geese.
Pacific Flyway
Ducks, Mergansers, Coots, and Common Moorhens
Hunting Seasons and Duck Limits: Either (a) Concurrent 59 days and
daily bag limit of 5 ducks, including no more than 4 mallards (no more
than 1 of which may be a female), 1 pintail, 2 redheads and 1
canvasback or (b) Concurrent 69 days and daily bag limit of 4 ducks,
including no more than 3 mallards, and the other restrictions shown
above.
In the Columbia Basin Mallard Management Unit, the seasons may be
an additional 7 days. The season on coots and common moorhens may be
between the outside dates for the season on ducks, but not to exceed 93
days.
Coot and Common Moorhen Limits: The daily bag and possession limits
of coots and common moorhens are 25, singly or in the aggregate.
Outside Dates: Between October 1 and January 20.
Zoning and Split Seasons: Arizona, California, Idaho, Nevada,
Oregon, Utah, and Washington may select hunting seasons by zones.
Arizona, California, Idaho, Nevada, Oregon, Utah, and Washington
may split their seasons into two segments either Statewide or in each
zone.
Colorado, Montana, New Mexico, and Wyoming may split their duck
seasons into three segments.
Colorado River Zone, California: Seasons and limits shall be the
same as seasons and limits selected in the adjacent portion of Arizona
(South Zone).
Geese
Season Lengths, Outside Dates, and Limits: Except as subsequently
noted, 100-day seasons may be selected, with outside dates between the
Saturday nearest October 1 (October 1), and the Sunday nearest January
20 (January 22), and the basic daily bag limits are 3 light geese and 3
dark geese, including no more than 2 white-fronted geese.
Brant Season - A 16-consecutive-day season may be selected in
Oregon and Washington, and a 30-consecutive day season may be selected
in California. In only California, Oregon, and Washington, the daily
bag limit is 2 brant and is additional to dark goose limits, and the
open season on brant in those States may differ from that for other
geese.
Closures: There will be no open season on Aleutian Canada geese in
the Pacific Flyway. The States of California, Oregon, and Washington
must include a statement on the closure for that subspecies in their
respective regulations leaflet. Emergency closures may be invoked for
all Canada geese should Aleutian Canada goose distribution patterns or
other circumstances justify such actions.
Arizona: The daily bag limit for dark geese is 2 geese.
California:
Northeastern Zone - White-fronted geese and cackling Canada geese
may be taken only during the first 23 days of the goose season. The
daily bag limit is 3 geese and may include no more than 2 dark geese;
including not more than 1 cackling Canada goose.
Colorado River Zone - The seasons and limits must be the same as
those selected in the adjacent portion of Arizona (Balance-of-the-State
Zone).
Southern Zone - The daily bag and possession limits for dark geese
is 2 geese, including not more than 1 cackling Canada goose.
Balance-of-the-State Zone - A 79-day season may be selected, except
that white-fronted geese and cackling Canada geese may be taken during
only the first 65 days of such season. Limits may not include more than
3 geese per day and in possession, of which not more than 1 may be a
dark goose. The dark goose limits may be expanded to 2, provided that
they are Canada geese other than cackling Canada geese for which the
daily limit is 1.
Three areas in the Balance-of-the-State Zone are restricted in the
hunting of certain geese:
(1) In the Counties of Del Norte and Humboldt, there will be no
open season for Canada geese.
(2) In the Sacramento Valley Area, the season on white-fronted
geese and cackling Canada geese must end on or before November 30, and,
except in the Western Canada Goose Hunt Area, there will be no open
season for Canada geese.
(3) In the San Joaquin Valley Area, the hunting season for Canada
geese will close no later than November 23.
Colorado: The daily bag limit for dark geese is 2 geese.
Idaho:
Northern Unit - The daily bag limit is 4 geese, including 4 dark
geese, including not more than 2 white-fronted geese, and 3 light
geese.
Southwest Unit - The daily bag limit on dark geese is 4, including
not more than 2 white-fronted geese.
Southeastern Unit - The daily bag limit is 3 geese, including not
more than 2 white-fronted geese.
Montana:
West of Divide Zone - The daily bag limit on dark geese is 4,
including not more than 2 white-fronted geese.
Nevada:
Clark County Zone - The daily bag limit of dark geese is 2 geese.
New Mexico: The daily bag limit for dark geese is 2 geese.
Oregon: Except as subsequently noted, the dark goose limit is 4,
including not more than 2 white-fronted geese and 1 cackling Canada
goose.
Harney, Lake, Klamath, and Malheur Counties Zone - The season
length may be 100 days. White-fronted geese may not be taken before
October 17 during the regular goose season.
Western Zone - In the Special Canada Goose Management Area, except
for designated areas, there shall be no open season on Canada geese. In
the designated areas, individual quotas shall be established which
collectively shall not exceed 210 dusky Canada geese. See section on
quota zones. In those designated areas, the daily bag limit of dark
geese is 3, including not more than 2 white-fronted geese and 1
cackling Canada goose.
Utah: The daily bag limit for dark geese is 2 geese.
Washington: The daily bag limit is 4 geese, including 4 dark geese,
but not more than 2 white-fronted geese, and 3 light geese.
West Zone - In the Lower Columbia River Special Goose Management
Area, except for designated areas, there shall be no open season on
Canada geese. In the designated areas, individual quotas shall be
established which collectively shall not exceed 90 dusky Canada geese.
See section on quota zones.
Wyoming: In Lincoln, Sweetwater, and Sublette Counties, the
combined special September Canada goose seasons and the regular goose
season shall not exceed 100 days.
Quota Zones: Seasons on Canada geese must end upon attainment of
individual quotas of dusky Canada geese allotted to the designated
areas of Oregon and Washington. Hunting of Canada geese in those
designated areas shall only be by hunters possessing a State-issued
permit authorizing them to do so. In a Service-approved investigation,
the State must obtain quantitative information on hunter compliance of
those regulations aimed at reducing the take of dusky Canada geese and
eliminating the take of Aleutian Canada geese. The daily bag limit of
Canada geese may not include more than 1 cackling Canada goose.
Tundra Swans
In Montana, Nevada, New Jersey, North Carolina, North Dakota, South
Dakota, Utah, and Virginia, an open season for taking a limited number
of tundra swans may be selected. Permits will be issued by the States
and will authorize each permittee to take no more than 1 tundra swan
per season. The States must obtain harvest and hunter participation
data. These seasons will be subject to the following conditions:
In the Atlantic Flyway
--The season will be experimental.
--The season may be 90 days, must occur during the light goose
season, but may not extend beyond January 31.
--In New Jersey, no more than 200 permits may be issued.
--In North Carolina, no more than 6,000 permits may be issued.
--In Virginia, no more than 600 permits may be issued.
In the Central Flyway
--The season may be 107 days and must occur during the light goose
season.
--In the Central-Flyway portion of Montana, no more than 500
permits may be issued.
--In North Dakota, no more than 2,000 permits may be issued during
the experimental season.
--In South Dakota, no more than 1,500 permits may be issued during
the experimental season.
In the Pacific Flyway
--Except as subsequently noted, a 100-day season may be selected
between the Saturday nearest October 1 (October 1), and the Sunday
nearest January 20 (January 22). Seasons may be split into 2 segments.
The States of Montana, Nevada, and Utah must implement a harvest-
monitoring program to measure the extent of accidental harvest of
trumpeter swans.
--In Utah, no more than 2,500 permits may be issued. The season
must end on or before December 15.
--In Nevada, no more than 650 permits may be issued.
--In the Pacific-Flyway portion of Montana, no more than 500
permits may be issued.
Area, Unit and Zone Descriptions
Geese
Atlantic Flyway
New Jersey:
Special Area for Canada Geese: That portion of the State within a
continuous line that runs east along the New York State boundary line
to the Hudson River; then south along the New York State boundary to
its intersection with Route 440 at Perth Amboy; then west on Route 440
to its intersection with Route 287; then west along Route 287 to its
intersection with Route 206 in Bedminster (Exit 18); then north along
Route 206 to its intersection with the Pennsylvania State boundary;
then north along the Pennsylvania boundary in the Delaware River to its
intersection with the New York State boundary.
Mississippi Flyway
Illinois
North Goose Zone: Same as for ducks.
Northern Illinois Quota Zone: The Counties of McHenry, Lake,
Kane, DuPage, and those portions of LaSalle and Will Counties north
of Interstate Highway 80.
Central Goose Zone: That portion of the State between the North and
South Goose Zone boundaries.
Central Illinois Quota Zone: The Counties of Grundy, Woodford,
Peoria, Knox, Fulton, Tazewell, Mason, Cass, Morgan, Pike, Calhoun,
and Jersey, and those portions of LaSalle and Will Counties south of
Interstate Highway 80.
South Goose Zone: That portion of the State south of a line
extending east from the Missouri border along the Modoc Ferry route to
Randolph County Highway 12, north along County 12 to Illinois Highway
3, north along Illinois 3 to Illinois 159, north along Illinois 159 to
Illinois 161, east along Illinois 161 to Illinois 4, north along
Illinois 4 to Interstate Highway 70, east along I-70 to the Bond County
line, north and east along the Bond County line to Fayette County,
north and east along the Fayette County line to Effingham County, east
and south along the Effingham County line to I-70, then east along I-70
to the Indiana border.
Central Flyway
Kansas:
Light Geese
Unit 1: That portion of Kansas east of KS 99.
Dark Geese
Texas:
West Unit: That portion of the State lying west of a line from the
international toll bridge at Laredo; north along I-35 and I-35W to Fort
Worth; northwest along US 81 and US 287 to Bowie; and north along US 81
to the Oklahoma border.
East Unit: Remainder of State.
Pacific Flyway
Harney, Klamath, Lake, and Malheur Counties Zone: All of Harney,
Klamath, Lake, and Malheur Counties.
Swans
Pacific Flyway
Utah:
Open Area: Statewide, except Cache, Daggett, Rich and Uintah
Counties.
[FR Doc. 94-20923 Filed 8-23-94; 8:45 am]
BILLING CODE 4310-55-F
