[Federal Register Volume 61, Number 169 (Thursday, August 29, 1996)]
[Rules and Regulations]
[Pages 45836-45848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22187]
[[Page 45835]]
_______________________________________________________________________
Part XIII
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
50 CFR Part 20
Migratory Bird Hunting; Final Frameworks for Early-Season Migratory
Bird Hunting Regulations; Final Rule
Federal Register / Vol. 61, No. 169 / Thursday, August 29, 1996 /
Rules and Regulations
[[Page 45836]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AD69
Migratory Bird Hunting; Final Frameworks for Early-Season
Migratory Bird Hunting Regulations
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: This rule prescribes final early-season frameworks which
States, Puerto Rico, and the Virgin Islands may select season dates,
limits, and other options for the 1996-97 migratory bird hunting
seasons. Early seasons are those which generally open prior to October
1. The effect of this final rule is to facilitate the selection of
hunting seasons by the States and Territories to further the annual
establishment of the early-season migratory bird hunting regulations.
These selections will be published in the Federal Register as
amendments to Secs. 20.101 through 20.107, and Sec. 20.109 of title 50
CFR part 20.
EFFECTIVE DATE: This rule takes effect on August 29, 1996.
ADDRESSES: States and Territories should send their season selections
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. The Public may inspect comments 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, (703) 358-
1714
SUPPLEMENTARY INFORMATION:
Regulations Schedule for 1996
On March 22, 1996, the Service published in the Federal Register
(61 FR 11992) a proposal to amend 50 CFR part 20. The proposal dealt
with the establishment of seasons, limits, and other regulations for
migratory game birds under Secs. 20.101 through 20.107, 20.109, and
20.110 of subpart K. On June 13, 1996, the Service published in the
Federal Register (61 FR 30114) a second document providing supplemental
proposals for early- and late-season migratory bird hunting regulations
frameworks. The June 13 supplement also provided detailed information
on the 1996-97 regulatory schedule and announced the Service Migratory
Bird Regulations Committee and Flyway Council meetings. On June 14,
1996, the Service published in the Federal Register (61 FR 30490) a
third document describing the Service's proposed 1996-97 regulatory
alternatives for duck hunting and its intent to consider establishing a
special youth waterfowl hunting day.
On June 27, 1996, the Service held a public hearing in Washington,
DC, as announced in the March 22 and June 14 Federal Registers to
review the status of migratory shore and upland game birds. The Service
discussed hunting regulations for these species and for other early
seasons. On July 22, 1996, the Service published in the Federal
Register (61 FR 37994) a fourth document specifically dealing with
proposed early-season frameworks for the 1996-97 season. This document
also extended the public comment period to August 1, 1996, for early-
season proposals. This rulemaking establishes final frameworks for
early-season migratory bird hunting regulations for the 1996-97 season.
Review of Flyway Council Recommendations, Public Comments and the
Service's Responses
As of August 9, 1996, the Service had received 199 written
comments; 25 of these specifically addressed early-season issues. The
Service also received recommendations from all four Flyway Councils.
Early-season comments are summarized and discussed in the order used in
the March 22 Federal Register. Only the numbered items pertaining to
early seasons for which comments were received are included. Flyway
Council recommendations shown below include only those involving
changes from the 1995-96 early-season frameworks. For those topics
where a Council recommendation is not shown, the Council supported
continuing the same frameworks as in 1995-96.
General
Public Hearing Comments: Mr. Dale Bartlett, representing the Humane
Society of the United States (HSUS), expressed concern that the Service
continues to establish liberal hunting regulations on species without
adequate data. HSUS claims the Service acted too quickly to liberalize
duck hunting regulations since the populations of many species remain
below goals set by the North American Waterfowl Management Plan
(NAWMP). HSUS is frustrated with the failure of the Service to close
seasons on species in decline such as woodcock, coastal populations of
band-tailed pigeon, white-winged doves in Arizona, and mourning doves
in the Western Management Unit. HSUS believes that bag limits and
season lengths on several species of webless migratory birds are
ridiculously high and flies in the face of the principles of wise and
ethical use of the resource. They also recommend that the Service
require all seasons to open at noon during mid-week to reduce large
kills. They further urged the Service to disallow one-half hour before
sunrise shooting.
Mr. Don Kraege, representing the Pacific Flyway Council, expressed
appreciation for the Service's efforts to enhance cooperative waterfowl
management.
Mr. Joe Kramer, representing the Central Flyway Council, reviewed
recommendations passed by the Council regarding establishment of this
year's migratory bird hunting regulations. He supported the proposed
expansion of the Rocky Mountain Greater Sandhill Crane hunt area in
Wyoming. Reviewing status information on blue- and green-winged teal
populations, he indicated this year's combined spring-breeding
population of about 8.9 million was a record high level and the
projected fall flight will probably be the largest ever recorded. He
indicated that the Central and Mississippi Flyway Councils would
complete a more comprehensive harvest approach for these special
seasons by March 1997. He supported the Central Flyway Council's
recommendation to expand this year's teal bag limit from 4 to 5 and
increase the teal season length from 9 to 16 days. Mr. Kramer supported
efforts by the Service to review baiting regulations, but he pointed
out continuing desires by many Central Flyway States to review the
timing of the early- and late-season meetings.
Mr. Charles D. Kelley, representing the Southeastern Association of
Fish and Wildlife Agencies, commended the Service for its efforts in
developing the Harvest Information Program, which will provide improved
harvest estimates for a number of species.
Ms. Anne Muller, representing the Committee to Abolish Sport
Hunting, and its affiliate, the Coalition to Prevent the Destruction of
Canada Geese, requested public hearings be held during evening hours to
increase public attendance.
Mr. Peter Muller, also representing the Committee to Abolish Sport
Hunting, requested that the Service maintain and enforce strict
waterfowl baiting regulations.
Written Comments: The Humane Society recommended all seasons open
[[Page 45837]]
at noon, mid-week, to reduce the large kills associated with the
traditional Saturday openings. They also recommend that hunting during
the one-half hour before sunrise be eliminated and wounded but
unretrieved birds count towards the daily bag limit.
1. Ducks
The categories used to discuss issues related to duck harvest
management are as follows: (A) General Harvest Strategy, (B) Framework
Dates, (C) Season Length, (D) Closed Seasons, (E) Bag Limits, (F) Zones
and Split Seasons, and (G) Special Seasons/Species Management. Only
those categories containing substantial recommendations are included
below.
F. Zones and Splits
Written Comments: The Maine Department of Inland Fisheries and
Wildlife commended the Service for allowing a duck zone boundary
modification but expressed displeasure with the Service's failure to
authorize an experimental third zone in Maine. They contended there was
no biological justification to deny this request. They further
suggested the guidelines should not be ``a hard-and-fast rule'' and
should be modified to account for the geographic scale of any
particular State. Two individuals from Maine also provided comments
supporting Maine's request for a third zone.
The Indiana Department of Natural Resources and three individuals
supported Indiana's proposal to change zone boundaries during the 1996
open season.
The Kansas Department of Wildlife and Parks submitted an alternate
duck hunting zone proposal for 1996 to 2000. This proposal replaced one
submitted previously which did not meet the Service's criteria.
The Wyoming Game and Fish Department (Wyoming), commenting on the
policy governing the use of zone and split seasons for duck seasons,
requested an exception from the policy that precludes the use of non-
contiguous zone boundaries. Wyoming contended the Service should be
more flexible to accommodate the State's complex physiographies.
Wyoming recommended the Service revaluate its policy prior to the next
zones/splits open season in 2001.
Service Response: In 1990, the Service established guidelines for
the use of zones and split seasons for duck hunting (Federal Register,
55 FR 38901) following extensive review and endorsement of the Flyway
Councils and Technical Sections. The primary purpose of the guidelines
was to provide a framework for controlling the proliferation of changes
in zone and split options, which compromise our ability to measure
impacts of various regulatory changes on harvest. The guidelines were
not developed preferentially according to the geographic size of any
State, but rather, were administered equally to all States. The Service
believes that the guidelines must be applied fairly and consistently to
all States in order to prevent further proliferations in zone/split
configurations. However, the Service will review these concerns prior
to the next scheduled open season in 2001.
In the July 22, 1996, Federal Register, the Service indicated the
boundary changes proposed by Indiana did not meet the Service's
guidelines for zones and split seasons for the 1996-2000 period, and
requested the State revise its proposal accordingly. Subsequently,
Indiana indicated they would retain the current boundaries.
Kansas' alternate proposal was within the established guidelines
and is approved for the 1996-2001 period.
The Service also accepts the amended zone/split proposal for the
Central Flyway portion of Wyoming. Although Wyoming modified its
proposal to meet the language of the guidelines, the Service believes
it may also circumvent the intent of the guidelines with respect to the
use of non-contiguous zone boundaries. Current zone/split guidelines
prohibit the use of non-contiguous zone boundaries. The Service will
conduct a cooperative review of the guidelines with the Councils prior
to the next open season, and if at that time any modification in the
guidelines does not allow the Wyoming configuration, then
``grandfather'' status will not be granted.
G. Special Seasons/Species Management
iii. September Teal Seasons
Council Recommendations: The Upper-Region Regulations Committee of
the Mississippi Flyway Council recommended a 5-day experimental
September teal season be offered to the production States of Iowa,
Michigan, Minnesota, and Wisconsin for a 3-year period. The Committee
recommended a daily bag limit of 4 teal with sunrise to sunset shooting
hours.
The Central Flyway Council recommended a harvest strategy of
linking regulatory packages developed for the September teal season
with those developed for the regular duck season under the Adaptive
Harvest Management process. For 1996, the Council recommended either a
``restrictive'' package of 5 days with a daily bag limit of 3 teal, a
``moderate'' package of 9 days with a daily bag limit of 4 teal, or a
``liberal'' package of 16 days with a daily bag limit of 5 teal.
Written Comments: The Central Flyway Council and the Texas Parks
and Wildlife Department recommended a 16-day September teal season with
a 5-bird daily bag limit for 1996. The Council supported the
preparation of a cooperatively developed teal management plan, but did
not wish to delay implementation of more liberal regulations until plan
completion.
An individual from Texas requested a 16-day September teal season
with a 5-teal daily bag limit, or alternatively a 16-day season with a
4-teal daily bag limit.
Public-Hearing Comments: Mr. Joe Kramer representing the Central
Flyway Council indicated that the Central and Mississippi Flyway
Councils would complete a more comprehensive harvest approach for
special teal seasons by March 1997.
Service Response: The Service previously determined in the
Supplemental Environmental Impact Statement: Issuance of Annual
Regulations Permitting the Sport Hunting of Migratory Birds (SEIS 88)
that proposals for expansion of existing special regulations require a
comprehensive evaluation plan. The plan should contain study
objectives, experimental design, decision criteria, and identification
of data needs. The Service believes the proper approach for permitting
experimental expansions would be to design a comprehensive study that
would evaluate the cumulative impacts of all teal-season hunting
opportunities, in both production and non-production States, on teal
and other ducks. The proposals recommended by the Flyways are disjunct,
with one containing an evaluation plan (Mississippi Flyway) and the
other (Central Flyway) absent one. As such, these proposals represent a
fragmented approach to expanding and evaluating teal-season hunting
opportunities, which is inconsistent with the desire of the Service.
Future consideration by the Service of any proposal to expand teal-
season hunting opportunities will take into account the evaluation
plan, the manpower and funding requirements necessary to implement the
plan, and the priority of this issue relative to other Service
programs.
iv. September Duck Seasons
Council Recommendations: The Upper-Region Regulations Committee of
the Mississippi Flyway Council recommended Iowa be allowed to hold up
to 5 days of its regular duck hunting
[[Page 45838]]
season in September, starting no earlier than the Saturday nearest
September 14. The remainder of the Iowa regular duck season could begin
no earlier than October 10.
Service Response: The Service previously determined in SEIS 88 that
the extension of framework dates into September for Iowa's September
duck season was a type of special season. The original evaluation of
this season suggested little impact on duck species other than teal.
However, the Service notes the original evaluation did not include
information from the periods requested in the proposal, so inferences
about effects of the proposed changes on duck populations are not
clear. More importantly, the Service believes that mixed-species
special seasons (as defined in the context of SEIS 88) are not a
preferred management approach, and does not wish to entertain
refinements to this season or foster expansions of this type of season
into other States.
3. Sea Ducks
Public Hearing Comments: Mr. Dale Bartlett, representing the Humane
Society, proposed sea duck seasons be closed or severely restricted
until adequate data on population status and species biology are
available.
Written Comments: The Humane Society recommended this season either
be closed or severely restricted until more complete information on
biology and population status is available. They repeated their concern
regarding seasons and limits on sea ducks which they deem too liberal,
considering the adequacy of data on population status and biology.
Service Response: The Service continues to be concerned about the
status of sea ducks and the potential impact that increased hunting
activity could have on these species. While there is no special season
on sea ducks in the Pacific Flyway, Alaska has a sea duck limit that is
additional to the limit on other ducks. In recognition of the need for
additional information on these species, the Service prepared a report
in June of 1993 on sea duck and merganser hunting seasons, status, and
harvests in Alaska and the Pacific Flyway coastal States. The Service
prepared this document for use by the Service and the Pacific Flyway
Council in evaluating the effects of these seasons on these ducks. A
report describing the status of sea ducks in the Atlantic Flyway was
completed in April of 1994. There are ongoing cooperative efforts to
summarize additional information on sea ducks. However, the Service
still emphasizes the importance of completing the sea duck management
plan. Furthermore, the Service considers improvements in survey
capabilities for these species to be extremely important for future
management actions. In 1993, the Service reduced bag limits on scoters
from 7 to 4 within an overall 7-bird sea duck limit. The Service will
continue to monitor these species and notes that further harvest
restrictions may be necessary.
4. Canada Geese
A. Special Seasons
Council Recommendations: The Atlantic Flyway Council recommended
the frameworks for September Canada goose seasons in the Atlantic
Flyway be modified as follows:
September 1-15: Montezuma region of New York, Lake Champlain region
of New York and Vermont, Maryland (Caroline, Cecil, Dorchester, and
Talbot Counties), South Carolina, and Delaware.
September 1-20: North Carolina (Currituck, Camden, Pasquotank,
Perquimans, Chowan, Bertie, Washington, Tyrrell, Dare, and Hyde
Counties).
September 1-30: New Jersey and remaining portion of North Carolina.
September 1-25: Remaining portion of Flyway, except Georgia and
Florida.
The Lower-Region Regulations Committee of the Mississippi Flyway
Council recommended the Service continue to closely monitor the impacts
of early Canada goose seasons, including both special seasons and
September openings of regular seasons, to insure that cumulative
impacts do not adversely affect migrant Canada geese and to insure that
special seasons adhere to the criteria established by the Service.
The Upper-Region Regulations Committee of the Mississippi Flyway
Council, the Central Flyway Council, and the Pacific Flyway Council
made several September Canada goose seasons recommendations. All of the
recommendations were within the established criteria for special Canada
goose seasons published in the August 29, 1995, Federal Register (60 FR
45020).
Public Hearing Comments: Mr. Dale Bartlett, representing the Humane
Society expressed concern about the general direction of the Service
towards resident Canada goose management.
Mr. Joe Kramer, representing the Central Flyway Council, supported
the additional flexibility allowed to address resident goose problems
through special hunting seasons.
Mr. Charles D. Kelley, representing the Southeastern Association of
Fish and Wildlife Agencies, stated that he appreciated the Service's
recognition of the problems caused by rapidly-expanding populations of
giant Canada geese and the need to work toward solving them.
Ms. Anne Muller, representing the Committee to Abolish Sport
Hunting, and its affiliate, the Coalition to Prevent the Destruction of
Canada Geese, said State and Federal wildlife agencies are exploiting
wild Canada geese to supply hunters with more targets by increasing
resident goose populations on wildlife management areas in every State.
Further, she objected to the roundup and shipment of geese by game
agencies personnel to slaughter houses to feed the poor, and believed
this action violates the rights of the general citizenry. Finally, she
requested the Service directly involve communities to help resolve
nuisance Canada geese conflicts.
Mr. Peter Muller, representing the Committee to Abolish Sport
Hunting, expressed concern that the special Canada goose seasons
currently held in New York and New Jersey were responsible for the
decline of migrant geese nesting in northern Quebec. He questioned
whether the criteria allowing 10 and 20 percent harvest of migrant
geese during the special early and late seasons, respectively, were too
liberal. Further, he argued that statistics regarding this goose
population were highly dubious since very little banding had occurred
on the breeding ground to accurately determine the racial composition
of the harvest. He indicated little is known regarding the interactions
between resident and migrant geese and recommended suspension of these
seasons until more information regarding population affiliation is
available. To assess the beneficial effects of these liberal hunting
seasons on resident Canada geese, he asked the Service to develop an
Environmental Impact Statement (EIS).
Dr. Ann Stirling Frisch expressed opposition to a proposed new hunt
area for special early Canada goose seasons in Wisconsin. Dr. Frisch
suggested such seasons are ineffective in controlling local Canada
goose populations, that habitat management was a preferable alternative
to hunting seasons, and that other lethal means of control were
undesirable. She further stated that National Environmental Policy Act
(NEPA) requirements were not met in establishing such seasons.
Written Comments: The Massachusetts Division of Fisheries and
Wildlife supported extending the
[[Page 45839]]
frameworks for September Canada goose seasons in the Atlantic Flyway to
September 25.
The Pennsylvania Game Commission objected to the Service's decision
to limit the special Canada goose season in Crawford County to
September 1-15 rather than expanding it to September 25 as requested by
the Atlantic Flyway Council. They indicated data is available to
support the extension. Subsequently, in a follow-up response,
Pennsylvania provided additional data from observations of neck-banded
Canada geese to assess the potential migrant harvest in Crawford County
during September 1-25 period.
The New York Department of Environmental Conservation appreciated
the Service's extension of the framework closing date to September 25
in most areas of the Atlantic Flyway but expressed concern that the
extension was only temporary and would be discontinued when regular
seasons are reinstated. They question the Service's desire to reinstate
the existing criteria if the harvest of migrants during this period
meets the established criteria and provides additional harvest pressure
on resident geese.
The New Jersey Division of Fish, Game and Wildlife commented that
numbers of resident Canada geese have exceeded the cultural carrying
capacity with humans, in some areas, and urged the Service to grant a
September 30 framework extension to the special September Canada goose
season. They further requested that this season be operational rather
than experimental. They indicated that several years of intensive neck-
collar observations have been conducted to justify this extension, and
that the extension would result in an estimated harvest of less than 3
percent migrant geese.
Four individuals and one petition containing 108 signatures opposed
a new September Canada goose season in Wisconsin.
Service Response: The Service recognizes the problems caused by
increasing populations of resident Canada geese and the continuing
concern for the status of certain migratory flocks. As the Service has
stated previously, it is committed to targeting these special seasons
at locally breeding and/or injurious Canada goose populations that nest
primarily within the conterminous United States. However, the Service
does not wish to increase the composition of migrants in the harvest
beyond that which is currently identified in the criteria for these
seasons.
Overall, the Service concurs with the Atlantic Flyway's
recommendation to modify the frameworks for special early Canada goose
seasons in the Atlantic Flyway and is granting the Atlantic Flyway a
temporary exemption to the special early Canada goose season criteria.
Specifically, the Service is allowing States in the Atlantic Flyway to
extend the framework closing date from September 15 to September 25,
except in certain areas where migrant geese are known to arrive early.
Seasons extending beyond September 25 are classified as experimental.
In addition, the Service is approving the extension of the framework
closing date to September 25 for Crawford County, Pennsylvania, on an
experimental basis, based on the observational neck collar data
submitted by Pennsylvania. The Service is granting this temporary
exemption for the Atlantic Flyway because of the suspension of the
regular season on Atlantic Population Canada geese and the Flyway's
need for greater flexibility in dealing with increasing numbers of
resident Canada geese. The exemption is proposed to remain in effect
until the regular season on migrant Canada geese is reinstated. The
Service encourages all States selecting framework dates after September
15 to continue with data-gathering and monitoring efforts in order to
further evaluate any proportional changes in the harvest of migrant
geese.
Wisconsin has held a special September Canada goose season for
several years. This year, the Wisconsin Department of Natural Resources
requested that the open area for the season be expanded. The Service
concurs with that request, and the larger area is included in the
frameworks herein.
B. Regular Seasons
Council Recommendations: The Upper-Region Regulations Committee of
the Mississippi Flyway Council recommended a September 21 framework
opening date for the regular goose season in the Upper Peninsula of
Michigan and statewide in Wisconsin.
The Pacific Flyway Council reiterated its 1995 recommendation that
Alaska, Oregon, and Washington take actions to reduce the harvest of
dusky Canada geese.
Service Response: Regarding the Pacific Flyway Council's
recommendation, the Service recognizes this need and proposes
establishing uniform criteria to measure the harvest of dusky Canada
geese in Washington's and Oregon's Quota Zones. The Service solicits
input from the Council and other parties in the development of these
criteria for the 1996-97 season.
9. Sandhill Cranes
Council Recommendations: The Central Flyway Council recommended
Wyoming's sandhill crane hunt area expand to include Park and Big Horn
Counties.
The Pacific Flyway Council recommended season modifications in
Montana and Wyoming. In Montana, the Council recommended a new hunt
zone in the Ovando-Helmville area. In Wyoming, the Council recommended
expanding the season from 3 to 8 days, increasing the number of
permits, and establishing a new hunt zone in Park and Big Horn
Counties.
Service Response: The Service concurs with the Councils'
recommendations.
12. Rails
Written Comments: The Humane Society believes that bag limits for
sora and Virginia rails are extremely high.
Service Response: Available information indicates that harvest
pressure on rails is relatively light and there is no evidence to
suggest the frameworks provided are not appropriate.
14. Woodcock
The Service is increasingly concerned about the gradual long-term
declines in woodcock populations in the Eastern and Central management
regions. Although habitat changes appear to be the primary cause of the
declines, the Service believes that hunting regulations should be
commensurate with the woodcock population status and rates of declines.
The Service seeks active participation by the Atlantic and Mississippi
Flyway Councils in the development of short and long-term woodcock
harvest management strategies, which identify the circumstances under
which additional harvest restrictions should be implemented and what
those restrictions should be.
18. Alaska
Council Recommendations: The Pacific Flyway Council recommended the
establishment of separate basic limits for geese. For dark geese, the
Council recommended a basic daily bag limit of 4, with 8 in possession.
For light geese, the Council recommended a daily bag limit of 3, with 6
in possession. The proposed limits would be subject to area
restrictions for Canada geese and limits for brant and emperor geese
would remain separate.
[[Page 45840]]
Public Hearing Comments: Mr. Dale Bartlett, representing the Humane
Society strongly recommended that opening dates in Alaska be delayed at
least 2 weeks to allow birds to leave their natal marshes.
Written Comments: The Humane Society of the United States
recommends that the opening date for all seasons in Alaska be delayed
by 2 weeks so that young birds are able to leave natal marshes before
being subjected to hunting pressure.
Service Response: The Service agrees with the Council's
recommendation regarding the establishment of separate basic limits for
geese.
It is important to note that in Alaska, hunting pressure on
migratory birds is comparatively light. Many northern species migrate
from the State before seasons open there in September and there is no
evidence to indicate regulated hunting has adversely impacted local
populations.
19. Hawaii
Written Comments: The Hawaii Division of Forestry and Wildlife
(Hawaii) requested an extension in the mourning dove framework closing
date from January 15 to January 21 and an increase in the season length
from 70 days to 85 days. Hawaii requests this to accommodate their
traditional opening date of the first Saturday in November and their
closing date of either the third Saturday in January or Martin Luther
King Day, whichever occurs later.
Service Response: In recent years, outside dates for Hawaii have
been between September 1 and January 15, consistent with frameworks
established in other management units. However, due to natural calendar
cycle, Hawaii's traditional season dates fall outside of established
framework dates on the average of once every 7 years. The Service
recognizes Hawaii's uniqueness relative to the conterminous United
States and agrees some flexibility should be employed. The Service
further notes Hawaii's season length and daily bag limit have
traditionally been far more conservative than those allowed by Federal
frameworks. Thus, to accommodate Hawaii's request, the Service agrees
to shift the outside dates to October 1 and January 31. The Service
notes that in the South Zone of Texas, framework dates are shifted to
September 20 and January 25. Regarding Hawaii's request for an increase
in the season length, the Service reminds Hawaii that the season may be
split into three segments.
Public Comment Invited
The Service intends that adopted final rules be as responsive as
possible to all concerned interests, and wants to obtain the comments
and suggestions from all interested areas of the public, as well as
other governmental agencies. Such comments, and any additional
information received, may lead to final regulations that differ from
these proposals. However, special circumstances involved in the
establishment of these regulations limit the amount of time 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, before mid-June, of
specific, reliable data on this year's status of some waterfowl and
migratory shore and upland game bird populations. Therefore, the
Service believes allowing comment periods past the dates specified is
contrary to public interest.
Comment Procedure
It is the policy of the Department of the Interior to afford the
public an opportunity to participate in the rulemaking process,
whenever practical. Accordingly, interested persons may participate by
submitting written comments to the Chief, MBMO, at the address listed
under the caption ADDRESSES. The public may inspect comments during
normal business hours at the Service's office address listed under the
caption ADDRESSES. The Service will consider all relevant comments
received and will try to acknowledge received comments, but may not
provide an individual response to each commenter.
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. The Service published a Notice
of Availability in the June 16, 1988, Federal Register (53 FR 22582).
The Service published its Record of Decision on August 18, 1988 (53 FR
31341). Copies of these documents are available from the Service at the
address indicated under the caption ADDRESSES.
Endangered Species Act Consideration
As in the past, the Service designs hunting regulations to remove
or alleviate chances of conflict between migratory game bird hunting
seasons and the protection and conservation of endangered and
threatened species. Consultations have been conducted to ensure that
actions resulting from these regulatory proposals will not likely
jeopardize the continued existence of endangered or threatened species
or result in the destruction or adverse modification of their critical
habitat. Findings from these consultations are included in a biological
opinion and may cause modification of some regulatory measures
previously proposed. The final frameworks reflect any modifications.
The Service's biological opinions resulting from its Section 7
consultation are public documents available for public inspection in
the Service's Division of Endangered Species and MBMO, at the address
indicated under the caption ADDRESSES.
Regulatory Flexibility Act; Executive Order (E.O.) 12866 and the
Paperwork Reduction Act
In the March 22, 1996, Federal Register, the Service reported
measures it took to comply with requirements of the Regulatory
Flexibility Act and E.O. 12866. One measure was to prepare a Small
Entity Flexibility Analysis (Analysis) in 1996 documenting the
significant beneficial economic effect on a substantial number of small
entities. The Analysis estimated that migratory bird hunters would
spend between $254 and $592 million at small businesses. Copies of the
Analysis are available upon request from the Office of Migratory Bird
Management. This rule was reviewed under E.O. 12866.
The Department examined these proposed regulations under the
Paperwork Reduction Act of 1995. The various information collection
requirements are utilized in the formulation of migratory game bird
hunting regulations. OMB has approved these information collection
requirements and assigned clearance numbers 1018-0015 and 1018-0023.
Regulations Promulgation
The rulemaking process for migratory game bird hunting must, by its
nature, operate under severe time constraints. However, the Service
intends that the public be given the greatest possible opportunity to
comment on the regulations. Thus, when the preliminary proposed
rulemaking was published, the Service established what it believed
[[Page 45841]]
were the longest periods possible for public comment. In doing this,
the Service recognized that when the comment period closed, time would
be of the essence. That is, if there were a delay in the effective date
of these regulations after this final rulemaking, the States would have
insufficient time to select season dates and limits; to communicate
those selections to the Service; and to establish and publicize the
necessary regulations and procedures to implement their decisions.
Therefore, the Service, under authority of the Migratory Bird
Treaty Act (July 3, 1918), as amended, (16 U.S.C. 703-711), prescribes
final frameworks setting forth the species to be hunted, the daily bag
and possession limits, the shooting hours, the season lengths, the
earliest opening and latest closing season dates, and hunting areas,
from which State conservation agency officials may select hunting
season dates and other options. Upon receipt of season and option
selections from these officials, the Service will publish in the
Federal Register a final rulemaking amending 50 CFR part 20 to reflect
seasons, limits, and shooting hours for the conterminous United States
for the 1995-96 season.
The Service therefore finds that ``good cause'' exists, within the
terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and
these frameworks will, therefore, take effect immediately upon
publication.
Unfunded Mandates
The Service has determined and certifies in compliance with the
requirements of the Unfunded Mandates Act, 2 U.S.C. 1502 et seq., that
this rulemaking will not impose a cost of $100 million or more in any
given year on local or State government or private entities.
Civil Justice Reform - Executive Order 12988
The Department, in promulgating this proposed rule, has determined
that these regulations meet the applicable standards provided in
Sections 3(a) and 3(b)(2) of Executive Order 12988.
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 1996-97
hunting season are authorized under 16 U.S.C. 703-711, 16 U.S.C. 712,
and 16 U.S.C. 742 a-j.
Dated: August 19, 1996
George T. Frampton, Jr.
Assistant Secretary for Fish and Wildlife and Parks
Final Regulations Frameworks for 1996-97 Early Hunting Seasons on
Certain Migratory Game Birds
Pursuant to the Migratory Bird Treaty Act and delegated
authorities, the Department of Interior approved the following proposed
frameworks which prescribe season lengths, bag limits, shooting hours,
and outside dates within which States may select seasons for certain
migratory game birds between September 1, 1996, and March 10, 1997.
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.
Area, Zone, and Unit Descriptions: Geographic descriptions are
contained in a later portion of this document.
Special September Teal Season
Outside Dates: Between September 1 and September 30, an open season
on all species of teal may be selected by Alabama, Arkansas, Colorado
(Central Flyway portion only), Illinois, Indiana, Kansas, Kentucky,
Louisiana, Mississippi, Missouri, New Mexico (Central Flyway portion
only), Ohio, Oklahoma, Tennessee, and Texas in areas delineated by
State regulations.
Hunting Seasons and Daily Bag Limits: Not to exceed 9 consecutive
days, with a daily bag limit of 4 teal.
Shooting Hours: One-half hour before sunrise to sunset, except in
Arkansas, Illinois, Indiana, Missouri, and Ohio, where the hours are
from sunrise to sunset.
Special September Duck Seasons
Florida: An experimental 5-consecutive-day season may be selected
in September. The daily bag limit may not exceed 4 teal and wood ducks
in the aggregate.
Kentucky and Tennessee: In lieu of a special September teal season,
an experimental 5-consecutive-day season may be selected in September.
The daily bag limit may not exceed 4 teal and wood ducks in the
aggregate, of which no more than 2 may be wood ducks.
Iowa: Iowa may hold up to 5 days of its regular duck hunting season
in September. All ducks which are legal during the regular duck season
may be taken during the September segment of the season. The September
season segment may commence no earlier than the Saturday nearest
September 20 (September 21, 1996), with daily bag and possession limits
being the same as those in effect last year. The remainder of the
regular duck season may not begin before October 15.
Scoter, Eider, and Oldsquaw Ducks (Atlantic Flyway)
Outside Dates: Between September 15 and January 20.
Hunting Seasons and Daily Bag Limits: Not to exceed 107 days, with
a daily bag limit of 7, singly or in the aggregate of the listed sea-
duck species, of which no more than 4 may be scoters.
Daily Bag Limits During the Regular Duck Season: Within the special
sea duck areas, during the regular duck season in the Atlantic Flyway,
States may choose to allow the above sea duck limits in addition to the
limits applying to other ducks during the regular duck season. In all
other areas, sea ducks may be taken only during the regular open season
for ducks and must be included in the regular duck season daily bag and
possession limits.
Areas: In all coastal waters and all waters of rivers and streams
seaward from the first upstream bridge in Maine, New Hampshire,
Massachusetts, Rhode Island, Connecticut, and New York; in any waters
of the Atlantic Ocean and in any tidal waters of any bay which are
separated by at least 1 mile of open water from any shore, island, and
emergent vegetation in New Jersey, South Carolina, and Georgia; and in
any waters of the Atlantic Ocean and in any tidal waters of any bay
which are separated by at least 800 yards of open water from any shore,
island, and emergent vegetation in Delaware, Maryland, North Carolina
and Virginia; and provided that any such areas have been described,
delineated, and designated as special sea-duck hunting areas under the
hunting regulations adopted by the respective States.
Special Early Canada Goose Seasons
Atlantic Flyway
General Seasons
Canada goose seasons of up to 15 days during September 1-15 may be
selected for the Montezuma Region of New York; the Lake Champlain
Region of New York and Vermont; the Counties of Caroline, Cecil,
Dorchester, and Talbot in Maryland; Delaware; and Crawford County in
Pennsylvania. Seasons not to
[[Page 45842]]
exceed 20 days during September 1-20 may be selected for the Northeast
Hunt Unit of North Carolina. Seasons may not exceed 25 days during
September 1-25 in the remainder of the Flyway, except Georgia and
Florida, where the season is closed. Areas open to the hunting of
Canada geese must be described, delineated, and designated as such in
each State's hunting regulations.
Daily Bag Limits: Not to exceed 5 Canada geese.
Experimental Seasons
Experimental Canada goose seasons of up to 30 days during September
1-30 may be selected by New Jersey, North Carolina (except in the
Northeast Hunt Unit), and South Carolina. Experimental Canada goose
seasons of up to 25 days during September 1-25 may be selected in
Crawford County, Pennsylvania. Areas open to the hunting of Canada
geese must be described, delineated, and designated as such in each
State's hunting regulations.
Daily Bag Limits: Not to exceed 5 Canada geese.
Mississippi Flyway
General Seasons
Canada goose seasons of up to 15 days during September 1-15 may be
selected by Illinois, Indiana, Iowa, Michigan (except in the Upper
Peninsula, where the season may not extend beyond September 10, and in
Huron, Saginaw and Tuscola Counties, where no special season may be
held), Minnesota, Missouri, Ohio, Tennessee, and Wisconsin. The daily
bag limit may not exceed 5 Canada geese. Areas open to the hunting of
Canada geese must be described, delineated, and designated as such in
each State's hunting regulations.
Central Flyway
General Seasons
Canada goose seasons of up to 15 days during September 1-15 may be
selected by South Dakota. The daily bag limit may not exceed 5 Canada
geese. Areas open to the hunting of Canada geese must be described,
delineated, and designated as such in each State's hunting regulations.
Pacific Flyway
General Seasons
Wyoming may select an 8-day season on Canada geese between
September 1-15. This season is subject to the following conditions:
1. Where applicable, the season must be concurrent with the
September portion of the sandhill crane season.
2. All participants must have a valid State permit for the
special season.
3. A daily bag limit of 2, with season and possession limits of
6 will apply to the special season.
Oregon may select a special Canada goose season of up to 15 days
during the period September 1-15. Daily bag limits not to exceed 3
Canada geese with 6 in possession.
Washington may select a special Canada goose season of up to 15
days during the period September 1-15. Daily bag limits not to exceed 3
Canada geese with 6 in possession.
Idaho may select a 15-day season in the special East Canada Goose
Zone as described in State regulations during the period September 1-
15. All participants must have a valid State permit and the total
number of permits issued is not to exceed 110 for this zone. The daily
bag limit is 2 and the possession limit is 4.
Idaho may select a 7-day Canada Goose Season during the period
September 1-15 in Nez Perce County with a bag limit of 4 and a
possession limit of 8. All participants must have a valid State permit
and the total number of permits is not to exceed 200 for the season in
Nez Perce County.
Areas open to hunting of Canada geese in each State must be
described, delineated, and designated as such in each State's hunting
regulations.
Regular Goose Seasons
Regular goose seasons in Wisconsin and the Upper Peninsula of
Michigan may open as early as September 21. Season lengths and bag and
possession limits will be the same as those in effect last year but are
subject to change during the late-season regulations process.
Sandhill Cranes
Regular Seasons in the Central Flyway:
Outside Dates: Between September 1 and February 28.
Hunting Seasons: Seasons not to exceed 58 consecutive days may be
selected in designated portions of the following States: Colorado,
Kansas, Montana, North Dakota, South Dakota, and Wyoming. Seasons not
to exceed 93 consecutive days may be selected in designated portions of
the following States: New Mexico, Oklahoma, and Texas.
Daily Bag Limits: 3 sandhill cranes.
Permits: Each person participating in the regular sandhill crane
seasons must have a valid Federal sandhill crane hunting permit in
their possession while hunting.
Special Seasons in the Central and Pacific Flyways:
Arizona, Colorado, Idaho, Montana, New Mexico, Utah, and Wyoming
may select seasons for hunting sandhill cranes within the range of the
Rocky Mountain Population subject to the following conditions:
Outside Dates: Between September 1 and January 31.
Hunting Seasons: The season in any State or zone may not exceed 30
days.
Bag limits: Not to exceed 3 daily and 9 per season.
Permits: Participants must have a valid permit, issued by the
appropriate State, in their possession while hunting.
Other provisions: Numbers of permits, open areas, season dates,
protection plans for other species, and other provisions of seasons
must be consistent with the management plan and approved by the Central
and Pacific Flyway Councils. Seasons in Montana and the Park-Big Horn
Unit in Wyoming are experimental.
Common Moorhens and Purple Gallinules
Outside Dates: Between September 1 and January 20 in the Atlantic
Flyway, and between September 1 and the Sunday nearest January 20
(January 19) in the Mississippi and Central Flyways. States in the
Pacific Flyway have been allowed to select their hunting seasons
between the outside dates for the season on ducks; therefore, they are
late-season frameworks and no frameworks are provided in this document.
Hunting Seasons and Daily Bag Limits: Seasons may not exceed 70
days in the Atlantic, Mississippi, and Central Flyways. Seasons may be
split into 2 segments. The daily bag limit is 15 common moorhens and
purple gallinules, singly or in the aggregate of the two species.
Rails
Outside Dates: States included herein may select seasons between
September 1 and January 20 on clapper, king, sora, and Virginia rails.
Hunting Seasons: The season may not exceed 70 days, and may be
split into 2 segments.
Daily Bag Limits:
Clapper and King Rails - In Rhode Island, Connecticut, New Jersey,
Delaware, and Maryland, 10, singly or in the aggregate of the two
species. In Texas, Louisiana, Mississippi, Alabama, Georgia, Florida,
South Carolina, North Carolina, and Virginia, 15, singly or in the
aggregate of the two species.
Sora and Virginia Rails - In the Atlantic, Mississippi, and Central
Flyways and the Pacific-Flyway portions of Colorado, Montana, New
Mexico, and Wyoming, 25 daily and 25 in possession, singly or in the
aggregate
[[Page 45843]]
of the two species. The season is closed in the remainder of the
Pacific Flyway.
Common Snipe
Outside Dates: Between September 1 and February 28, except in
Maine, Vermont, New Hampshire, Massachusetts, Rhode Island,
Connecticut, New York, New Jersey, Delaware, Maryland, and Virginia,
where the season must end no later than January 31.
Hunting Seasons and Daily Bag Limits: Seasons may not exceed 107
days and may be split into two segments. The daily bag limit is 8
snipe.
American Woodcock
Outside Dates: States in the Atlantic Flyway may select hunting
seasons between October 1 and January 31. States in the Central and
Mississippi Flyways may select hunting seasons between September 1 and
January 31.
Hunting Seasons and Daily Bag Limits: In the Atlantic Flyway,
seasons may not exceed 45 days, with a daily bag limit of 3; in the
Central and Mississippi Flyways, seasons may not exceed 65 days, with a
daily bag limit of 5. Seasons may be split into two segments.
Zoning: New Jersey may select seasons in each of two zones. The
season in each zone may not exceed 35 days.
Band-tailed Pigeons
Pacific Coast States (California, Oregon, Washington, and Nevada)
Outside Dates: Between September 15 and January 1.
Hunting Seasons and Daily Bag Limits: Not more than 9 consecutive
days, with bag and possession limits of 2 and 2 band-tailed pigeons,
respectively.
Permit Requirement: The appropriate State agency must issue permits
or participate in the Migratory Bird Harvest Information Program.
Zoning: California may select hunting seasons not to exceed 9
consecutive days in each of two zones. The season in the North Zone
must close by October 7.
Four-Corners States (Arizona, Colorado, New Mexico, and Utah)
Outside Dates: Between September 1 and November 30.
Hunting Seasons and Daily Bag Limits: Not more than 30 consecutive
days, with a daily bag limit of 5 band-tailed pigeons.
Permit Requirement: The appropriate State agency must issue permits
or participate in the Migratory Bird Harvest Information Program.
Zoning: New Mexico may select hunting seasons not to exceed 20
consecutive days in each of two zones. The season in the South Zone may
not open until October 1.
Mourning Doves
Outside Dates: Between September 1 and January 15, except as
otherwise provided, States may select hunting seasons and daily bag
limits as follows:
Eastern Management Unit (All States east of the Mississippi River, and
Louisiana)
Hunting Seasons and Daily Bag Limits: Not more than 70 days with a
daily bag limit of 12, or not more than 60 days with a daily bag limit
of 15.
Zoning and Split Seasons: States may select hunting seasons in each
of two zones. The season within each zone may be split into not more
than three periods. The hunting seasons in the South Zones of Alabama,
Florida, Georgia, Louisiana, and Mississippi may commence no earlier
than September 20. Regulations for bag and possession limits, season
length, and shooting hours must be uniform within specific hunting
zones.
Central Management Unit (Arkansas, Colorado, Iowa, Kansas, Minnesota,
Missouri, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South
Dakota, Texas, and Wyoming)
Hunting Seasons and Daily Bag Limits: Not more than 70 days with a
daily bag limit of 12, or not more than 60 days with a daily bag limit
of 15.
Zoning and Split Seasons: States may select hunting seasons in each
of two zones. The season within each zone may be split into not more
than three periods. Texas may select hunting seasons for each of three
zones subject to the following conditions:
A. The hunting season may be split into not more than two periods,
except in that portion of Texas in which the special white-winged dove
season is allowed, where a limited mourning dove season may be held
concurrently with that special season (see white-winged dove
frameworks).
B. A season may be selected for the North and Central Zones between
September 1 and January 25; and for the South Zone between September 20
and January 25.
C. Each zone may have a daily bag limit of 12 doves (15 under the
alternative) in the aggregate, no more than 6 of which may be white-
winged doves and no more than 2 of which may be white-tipped doves,
except that during the special white-winged dove season, the daily bag
limit may not exceed 10 white-winged, mourning, and white-tipped doves
in the aggregate, of which no more than 5 may be mourning doves and 2
may be white-tipped doves.
D. Except as noted above, regulations for bag and possession
limits, season length, and shooting hours must be uniform within each
hunting zone.
Western Management Unit (Arizona, California, Idaho, Nevada, Oregon,
Utah, and Washington)
Hunting Seasons and Daily Bag Limits: Idaho, Nevada, Oregon, Utah,
and Washington - Not more than 30 consecutive days with a daily bag
limit of 10 mourning doves (in Nevada, the daily bag limit may not
exceed 10 mourning and white-winged doves in the aggregate).
Arizona and California - Not more than 60 days which may be split
between two periods, September 1-15 and November 1-January 15. In
Arizona, during the first segment of the season, the daily bag limit is
10 mourning and white-winged doves in the aggregate, of which no more
than 6 may be white-winged doves. During the remainder of the season,
the daily bag limit is restricted to 10 mourning doves. In California,
the daily bag limit may not exceed 10 mourning and white-winged doves
in the aggregate.
White-winged and White-tipped Doves
Hunting Seasons and Daily Bag Limits:
Except as shown below, seasons in Arizona, California, Florida,
Nevada, New Mexico, and Texas must be concurrent with mourning dove
seasons.
Arizona may select a hunting season of not more than 30 consecutive
days, running concurrently with the first segment of the mourning dove
season. The daily bag limit may not exceed 10 mourning and white-winged
doves in the aggregate, of which no more than 6 may be white-winged
doves.
In Florida, the daily bag limit may not exceed 12 mourning and
white-winged doves (15 under the alternative) in the aggregate, of
which no more than 4 may be white-winged doves.
In the Nevada Counties of Clark and Nye, and in the California
Counties of Imperial, Riverside, and San Bernardino, the daily bag
limit may not exceed 10 mourning and white-winged doves in the
aggregate.
In New Mexico, the daily bag limit may not exceed 12 mourning and
white-winged doves (15 under the alternative) in the aggregate.
In Texas, the daily bag limit may not exceed 12 mourning, white-
winged, and white-tipped doves (15 under the
[[Page 45844]]
alternative) in the aggregate, of which not more than 6 may be white-
winged doves and not more than 2 may be white-tipped doves.
In addition, Texas may also select a hunting season of not more
than 4 days for the special white-winged dove area of the South Zone
between September 1 and September 19. The daily bag limit may not
exceed 10 white-winged, mourning, and white-tipped doves in the
aggregate, of which no more than 5 may be mourning doves and 2 may be
white-tipped doves.
Alaska
Outside Dates: Between September 1 and January 26.
Hunting Seasons: Alaska may select 107 consecutive days for
waterfowl, sandhill cranes, and common snipe in each of five zones. The
season may be split without penalty in the Kodiak Zone. The seasons in
each zone must be concurrent.
Closures: The season is closed on Canada geese from Unimak Pass
westward in the Aleutian Island chain. The hunting season is closed on
Aleutian Canada geese, emperor geese, spectacled eiders, and Steller's
eiders.
Daily Bag and Possession limits:
Ducks - Except as noted, a basic daily bag limit of 7 and a
possession limit of 21 ducks. Daily bag and possession limits in the
North Zone are 10 and 30, and in the Gulf Coast Zone they are 8 and 24,
respectively. The basic limits may include no more than 1 canvasback
daily and 3 in possession.
In addition to the basic limit, there is a daily bag limit of 15
and a possession limit of 30 scoter, common and king eiders, oldsquaw,
harlequin, and common and red-breasted mergansers, singly or in the
aggregate of these species.
Light Geese - A basic daily bag limit of 3 and a possession limit
of 6.
Dark Geese - A basic daily bag limit of 4 and a possession limit of
8.
Dark-goose seasons are subject to the following restrictions:
1. In Units 9(e) and 18, the limits for Canada geese are 1 daily
and 2 in possession.
2. In Units 5 and 6, the taking of Canada geese is permitted
from September 28 through December 16. Middleton Island is closed to
the taking of Canada geese.
3. In Unit 10 (except Unimak Island), the taking of Canada geese
is prohibited.
Brant - A daily bag limit of 2.
Common snipe - A daily bag limit of 8.
Sandhill cranes - A daily bag limit of 3.
Tundra swans - Open seasons for tundra swans may be selected
subject to the following conditions:
1. No more than 300 permits may be issued in GMU 22, authorizing
each permittee to take 1 tundra swan per season.
2. No more than 500 permits may be issued during the operational
season in GMU 18. No more than 1 tundra swan may be taken per
permit.
3. The seasons must be concurrent with other migratory bird
seasons.
4. The appropriate State agency must issue permits, obtain
harvest and hunter-participation data, and report the results of
this hunt to the Service by June 1 of the following year.
Hawaii
Outside Dates: Between October 1 and January 31.
Hunting Seasons: Not more than 60 days (70 under the alternative)
for mourning doves.
Bag Limits: Not to exceed 15 (12 under the alternative) mourning
doves.
Note: Mourning doves may be taken in Hawaii in accordance with
shooting hours and other regulations set by the State of Hawaii, and
subject to the applicable provisions of 50 CFR part 20.
Puerto Rico
Doves and Pigeons:
Outside Dates: Between September 1 and January 15.
Hunting Seasons: Not more than 60 days.
Daily Bag and Possession Limits: Not to exceed 10 Zenaida,
mourning, and white-winged doves in the aggregate. Not to exceed 5
scaly-naped pigeons.
Closed Areas: There is no open season on doves or pigeons in the
following areas: Municipality of Culebra, Desecheo Island, Mona Island,
El Verde Closure Area, and Cidra Municipality and adjacent areas.
Ducks, Coots, Moorhens, Gallinules, and Snipe:
Outside Dates: Between October 1 and January 31.
Hunting Seasons: Not more than 55 days may be selected for hunting
ducks, common moorhens, and common snipe. The season may be split into
two segments.
Daily Bag Limits:
Ducks - Not to exceed 5.
Common moorhens - Not to exceed 6.
Common snipe - Not to exceed 8.
Closed Seasons: The season is closed on the ruddy duck, white-
cheeked pintail, West Indian whistling duck, fulvous whistling duck,
and masked duck, which are protected by the Commonwealth of Puerto
Rico. The season also is closed on the purple gallinule, American coot,
and Caribbean coot.
Closed Areas: There is no open season on ducks, common moorhens,
and common snipe in the Municipality of Culebra and on Desecheo Island.
Virgin Islands
Doves and Pigeons:
Outside Dates: Between September 1 and January 15.
Hunting Seasons: Not more than 60 days for Zenaida doves.
Daily Bag and Possession Limits: Not to exceed 10 Zenaida doves.
Closed Seasons: No open season is prescribed for ground or quail
doves, or pigeons in the Virgin Islands.
Closed Areas: There is no open season for migratory game birds on
Ruth Cay (just south of St. Croix).
Local Names for Certain Birds: Zenaida dove, also known as mountain
dove; bridled quail-dove, also known as Barbary dove or partridge;
Common ground-dove, also known as stone dove, tobacco dove, rola, or
tortolita; scaly-naped pigeon, also known as red-necked or scaled
pigeon.
Ducks
Outside Dates: Between December 1 and January 31.
Hunting Seasons: Not more than 55 consecutive days.
Daily Bag Limits: Not to exceed 5.
Closed Seasons: The season is closed on the ruddy duck, white-
cheeked pintail, West Indian whistling duck, fulvous whistling duck,
and masked duck.
Special Falconry Regulations
Falconry is a permitted means of taking migratory game birds in any
State meeting Federal falconry standards in 50 CFR 21.29(k). These
States may select an extended season for taking migratory game birds in
accordance with the following:
Extended Seasons: For all hunting methods combined, the combined
length of the extended season, regular season, and any special or
experimental seasons shall not exceed 107 days for any species or group
of species in a geographical area. Each extended season may be divided
into a maximum of 3 segments.
Framework Dates: Seasons must fall between September 1 and March
10.
Daily Bag and Possession Limits: Falconry daily bag and possession
limits for all permitted migratory game birds shall not exceed 3 and 6
birds, respectively, singly or in the aggregate, during extended
falconry seasons, any special or experimental seasons, and regular
hunting seasons in all States, including those that do not select an
extended falconry season.
Regular Seasons: General hunting regulations, including seasons and
[[Page 45845]]
hunting hours, apply to falconry in each State listed in 50 CFR
21.29(k). Regular-season bag and possession limits do not apply to
falconry. The falconry bag limit is not in addition to gun limits.
Area, Unit, and Zone Descriptions
Central Flyway portion of the following States consists of:
Colorado: That area lying east of the Continental Divide.
Montana: That area lying east of Hill, Chouteau, Cascade, Meagher,
and Park Counties.
New Mexico: That area lying east of the Continental Divide but
outside the Jicarilla Apache Indian Reservation.
Wyoming: That area lying east of the Continental Divide and
excluding the Great Divide Portion.
The remaining portions of these States are in the Pacific Flyway.
Mourning and White-winged Doves
Alabama
South Zone - Baldwin, Barbour, Coffee, Conecuh, Covington, Dale,
Escambia, Geneva, Henry, Houston, and Mobile Counties.
North Zone - Remainder of the State.
California
White-winged Dove Open Areas - Imperial, Riverside, and San
Bernardino Counties.
Florida
Northwest Zone - The Counties of Bay, Calhoun, Escambia, Franklin,
Gadsden, Gulf, Holmes, Jackson, Liberty, Okaloosa, Santa Rosa, Walton,
Washington, Leon (except that portion north of U.S. 27 and east of
State Road 155), Jefferson (south of U.S. 27, west of State Road 59 and
north of U.S. 98), and Wakulla (except that portion south of U.S. 98
and east of the St. Marks River).
South Zone - Remainder of State.
Georgia
Northern Zone - That portion of the State lying north of a line
running west to east along U.S. Highway 280 from Columbus to Wilcox
County, thence southward along the western border of Wilcox County;
thence east along the southern border of Wilcox County to the Ocmulgee
River, thence north along the Ocmulgee River to Highway 280, thence
east along Highway 280 to the Little Ocmulgee River; thence southward
along the Little Ocmulgee River to the Ocmulgee River; thence
southwesterly along the Ocmulgee River to the western border of the
Jeff Davis County; thence south along the western border of Jeff Davis
County; thence east along the southern border of Jeff Davis and Appling
Counties; thence north along the eastern border of Appling County, to
the Altamaha River; thence east to the eastern border of Tattnall
County; thence north along the eastern border of Tattnall County;
thence north along the western border of Evans to Candler County;
thence west along the southern border of Candler County to the Ohoopee
River; thence north along the western border of Candler County to
Bulloch County; thence north along the western border of Bulloch County
to U.S. Highway 301; thence northeast along U.S. Highway 301 to the
South Carolina line.
South Zone - Remainder of the State.
Louisiana
North Zone - That portion of the State north of Interstate Highway
10 from the Texas State line to Baton Rouge, Interstate Highway 12 from
Baton Rouge to Slidell and Interstate Highway 10 from Slidell to the
Mississippi State line.
South Zone - The remainder of the State.
Mississippi
South Zone - The Counties of Forrest, George, Greene, Hancock,
Harrison, Jackson, Lamar, Marion, Pearl River, Perry, Pike, Stone, and
Walthall.
North Zone - The remainder of the State.
Nevada
White-winged Dove Open Areas - Clark and Nye Counties.
Texas
North Zone - That portion of the State north of a line beginning at
the International Bridge south of Fort Hancock; north along FM 1088 to
TX 20; west along TX 20 to TX 148; north along TX 148 to I-10 at Fort
Hancock; east along I-10 to I-20; northeast along I-20 to I-30 at Fort
Worth; northeast along I-30 to the Texas-Arkansas State line.
South Zone - That portion of the State south and west of a line
beginning at the International Bridge south of Del Rio, proceeding east
on U.S. 90 to San Antonio; then east on I-10 to Orange, Texas.
Special White-winged Dove Area in the South Zone - That portion of
the State south and west of a line beginning at the International
Bridge south of Del Rio, proceeding east on U.S. 90 to Uvalde; south on
U.S. 83 to TX 44; east along TX 44 to TX 16 at Freer; south along TX 16
to TX 285 at Hebbronville; east along TX 285 to FM 1017; southwest
along FM 1017 to TX 186 at Linn; east along TX 186 to the Mansfield
Channel at Port Mansfield; east along the Mansfield Channel to the Gulf
of Mexico.
Area with additional restrictions - Cameron, Hidalgo, Starr, and
Willacy Counties.
Central Zone - That portion of the State lying between the North
and South Zones.
Band-tailed Pigeons
California
North Zone - Alpine, Butte, Del Norte, Glenn, Humboldt, Lassen,
Mendocino, Modoc, Plumas, Shasta, Sierra, Siskiyou, Tehama, and Trinity
Counties.
South Zone - The remainder of the State.
New Mexico
North Zone - North of a line following U.S. 60 from the Arizona
State line east to I-25 at Socorro and then south along I-25 from
Socorro to the Texas State line.
South Zone - Remainder of the State.
Washington
Western Washington - The State of Washington excluding those
portions lying east of the Pacific Crest Trail and east of the Big
White Salmon River in Klickitat County.
Woodcock
New Jersey
North Zone - That portion of the State north of NJ 70.
South Zone - The remainder of the State.
Special September Goose Seasons
Atlantic Flyway
Connecticut
North Zone - That portion of the State north of I-95.
Maryland
Eastern Unit - Anne Arundel, Calvert, Caroline, Cecil, Charles,
Dorchester, Harford, St. Marys, Somerset, Talbot, Wicomico, and
Worcester Counties, and those portions of Baltimore, Howard, and Prince
Georges Counties east of I-95.
Western Unit - Allegany, Carroll, Frederick, Garrett, Montgomery,
and Washington Counties, and those portions of Baltimore, Howard, and
Prince Georges Counties east of I-95.
Massachusetts
Western Zone - That portion of the State west of a line extending
south from the Vermont border on I-91 to MA 9, west on MA 9 to MA 10,
south on MA 10 to U.S. 202, south on U.S. 202 to the Connecticut
border.
Central Zone - That portion of the State east of the Berkshire Zone
and west of a line extending south from the New Hampshire border on I-
95 to U.S. 1, south on U.S. 1 to I-93, south on I-93 to MA 3, south on
MA 3 to U.S. 6, west on U.S. 6 to MA 28, west on MA 28 to I-195, west
to the Rhode Island border; except the waters, and the lands 150 yards
inland from the high-water
[[Page 45846]]
mark, of the Assonet River upstream to the MA 24 bridge, and the
Taunton River upstream to the Center St.-Elm St. bridge shall be in the
Coastal Zone.
Coastal Zone - That portion of Massachusetts east and south of the
Central Zone.
New Hampshire
Early-season Hunt Unit - Cheshire, Hillsborough, Rockingham, and
Strafford Counties.
New York
Lake Champlain Zone - The U.S. portion of Lake Champlain and that
area east and north of a line extending along NY 9B from the Canadian
border to U.S. 9, south along U.S. 9 to NY 22 south of Keesville; south
along NY 22 to the west shore of South Bay, along and around the
shoreline of South Bay to NY 22 on the east shore of South Bay;
southeast along NY 22 to U.S. 4, northeast along U.S. 4 to the Vermont
border.
Long Island Zone - That area consisting of Nassau County, Suffolk
County, that area of Westchester County southeast of I-95, and their
tidal waters.
Western Zone - That area west of a line extending from Lake Ontario
east along the north shore of the Salmon River to I-81, and south along
I-81 to the Pennsylvania border, except for the Montezuma Zone.
Montezuma Zone - Those portions of Cayuga, Seneca, Ontario, Wayne,
and Oswego Counties north of U.S. Route 20, east of NYS Route 14, south
of NYS Route 104, and west of NYS Route 34.
Northeastern Zone - That area north of a line extending from Lake
Ontario east along the north shore of the Salmon River to I-81, south
along I-81 to NY 49, east along NY 49 to NY 365, east along NY 365 to
NY 28, east along NY 28 to NY 29, east along NY 29 to I-87, north along
I-87 to U.S. 9 (at Exit 20), north along U.S. 9 to NY 149, east along
NY 149 to U.S. 4, north along U.S. 4 to the Vermont border, exclusive
of the Lake Champlain Zone.
Southeastern Zone - The remaining portion of New York.
North Carolina
Northeast Hunt Unit - Counties of Bertie, Camden, Chovan,
Currituck, Dare, Hyde, Pasquotank, Perquimans, Tyrrell, and Washington.
South Carolina
Early-season Hunt Unit - Clarendon County and those portions of
Orangeburg County north of SC Highway 6 and Berkeley County north of SC
Highway 45 from the Orangeburg County line to the junction of SC
Highway 45 and State Road S-8-31 and west of the Santee Dam.
Mississippi Flyway
Illinois
North Zone: That portion of the State outside of the Northeast Zone
and north of a line extending east from the Iowa border along Illinois
Highway 92 to Interstate Highway 280, east along I-280 to I-80, then
east along I-80 to the Indiana border.
Northeast Zone - Cook, DuPage, Grundy, Kane, Kankakee, Kendall,
Lake, McHenry, and Will Counties.
Iowa
North Zone: That portion of the State north of a line extending
east from the Nebraska border along State Highway 175 to State 37,
southeast along State 37 to U.S. Highway 59, south along U.S. 59 to
Interstate Highway 80, then east along I-80 to the Illinois border.
South Zone: The remainder of Iowa.
Minnesota
Twin Cities Metropolitan Canada Goose Zone -
A. All of Hennepin and Ramsey Counties.
B. In Anoka County, all of Columbus Township lying south of County
State Aid Highway (CSAH) 18, Anoka County; all of the cities of Ramsey,
Andover, Anoka, Coon Rapids, Spring Lake Park, Fridley, Hilltop,
Columbia Heights, Blaine, Lexington, Circle Pines, Lino Lakes, and
Centerville; and all of the city of Ham Lake except that portion lying
north of CSAH 18 and east of U.S. Highway 65.
C. That part of Carver County lying north and east of the following
described line: Beginning at the northeast corner of San Francisco
Township; thence west along the north boundary of San Francisco
Township to the east boundary of Dahlgren Township; thence north along
the east boundary of Dahlgren Township to U.S. Highway 212; thence west
along U.S. Highway 212 to State Trunk Highway (STH) 284; thence north
on STH 284 to County State Aid Highway (CSAH) 10; thence north and west
on CSAH 10 to CSAH 30; thence north and west on CSAH 30 to STH 25;
thence east and north on STH 25 to CSAH 10; thence north on CSAH 10 to
the Carver County line.
D. In Scott County, all of the cities or Shakopee, Savage, Prior
Lake, and Jordan, and all of the Townships of Jackson, Louisville, St.
Lawrence, Sand Creek, Spring Lake, and Credit River.
E. In Dakota County, all of the cities of Burnsville, Eagan,
Mendota Heights, Mendota, Sunfish Lake, Inver Grove Heights, Apple
Valley, Lakeville, Rosemount, Farmington, Hastings, Lilydale, West St.
Paul, and South St. Paul, and all of the Township of Nininger.
F. That portion of Washington County lying south of the following
described line: Beginning at County State Aid Highway (CSAH) 2 on the
west boundary of the county; thence east on CSAH 2 to U.S. Highway 61;
thence south on U.S. Highway 61 to State Trunk Highway (STH) 97; thence
east on STH 97 to the intersection of STH 97 and STH 95; thence due
east to the east boundary of the state.
Northwest Goose Zone (included for reference only, not a special
September Goose Season Zone) - That portion of the State encompassed by
a line extending east from the North Dakota border along U.S. Highway 2
to State Trunk Highway (STH) 32, north along STH 32 to STH 92, east
along STH 92 to County State Aid Highway (CSAH) 2 in Polk County, north
along CSAH 2 to CSAH 27 in Pennington County, north along CSAH 27 to
STH 1, east along STH 1 to CSAH 28 in Pennington County, north along
CSAH 28 to CSAH 54 in Marshall County, north along CSAH 54 to CSAH 9 in
Roseau County, north along CSAH 9 to STH 11, west along STH 11 to STH
310, and north along STH 310 to the Manitoba border.
Four Goose Zone - That portion of the state encompassed by a line
extending north from the Iowa border along U.S. Interstate Highway 35
to the south boundary of the Twin Cities Metropolitan Canada Goose
Zone, then west and north along the boundary of the Twin Cities
Metropolitan Canada Goose Zone to U.S. Interstate 94, then west and
north on U.S. Interstate 94 to the North Dakota border.
Two Goose Zone - That portion of the state to the north of a line
extending east from the North Dakota border along U.S. Interstate 94 to
the boundary of the Twin Cities Metropolitan Canada Goose Zone, then
north and east along the Twin Cities Metropolitan Canada Goose Zone
boundary to the Wisconsin border, except the Northwest Goose Zone and
that portion of the State encompassed by a line extending north from
the Iowa border along U.S. Interstate 35 to the south boundary of the
Twin Cities Metropolitan Canada Goose Zone, then east on the Twin Cites
Metropolitan Canada Goose Zone boundary to the Wisconsin border.
Tennessee
Middle Tennessee Zone - Those portions of Houston, Humphreys,
Montgomery, Perry, and Wayne Counties east of State Highway 13; and
Bedford, Cannon, Cheatham, Coffee, Davidson, Dickson, Franklin, Giles,
Hickman, Lawrence, Lewis, Lincoln, Macon, Marshall, Maury, Moore,
Robertson, Rutherford, Smith, Sumner, Trousdale, Williamson, and Wilson
Counties.
[[Page 45847]]
Cumberland Plateau Zone - Bledsoe, Bradley, Clay, Cumberland,
Dekalb, Fentress, Grundy, Hamilton, Jackson, Marion, McMinn, Meigs,
Morgan, Overton, Pickett, Polk, Putnam, Rhea, Roane, Scott, Sequatchie,
Van Buren, Warren, and White Counties.
East Tennessee Zone - Anderson, Blount, Campbell, Carter,
Claiborne, Cocke, Grainger, Greene, Hamblen, Hancock, Hawkins,
Jefferson, Johnson, Knox, Loudon, Monroe, Sevier, Sullivan, Unicoi,
Union, and Washington Counties.
Wisconsin
Early-Season Subzone A - That portion of the State encompassed by a
line beginning at the Lake Michigan shore in Sheboygan, then west along
State Highway 23 to State 67, southerly along State 67 to County
Highway E in Sheboygan County, southerly along County E to State 28,
south and west along State 28 to U.S. Highway 41, southerly along U.S.
41 to State 33, westerly along State 33 to County Highway U in
Washington County, southerly along County U to County N, southeasterly
along County N to State 60, westerly along State 60 to County Highway P
in Dodge County, southerly along County P to County O, westerly along
County O to State 109, south and west along State 109 to State 26,
southerly along State 26 to U.S. 12, southerly along U.S. 12 to State
89, southerly along State 89 to U.S. 14, southerly along U.S. 14 to the
Illinois border, east along the Illinois border to the Michigan border
in Lake Michigan, north along the Michigan border in Lake Michigan to a
point directly east of State 23 in Sheboygan, then west along that line
to the point of beginning on the Lake Michigan shore in Sheboygan.
Early-Season Subzone B - That portion of the State between Early-
Season Subzone A and a line beginning at the intersection of U.S.
Highway 141 and the Michigan border near Niagara, then south along U.S.
141 to State Highway 22, west and southwest along State 22 to U.S. 45,
south along U.S. 45 to State 22, west and south along State 22 to State
110, south along State 110 to U.S. 10, south along U.S. 10 to State 49,
south along State 49 to State 23, west along State 23 to State 73,
south along State 73 to State 60, west along State 60 to State 23,
south along State 23 to State 11, east along State 11 to State 78, then
south along State 78 to the Illinois border.
Central Flyway
South Dakota
Unit A - Deuel, Hamlin, Codington, and Day Counties.
Unit B - Brookings, Clark, Kingsbury, and Lake Counties and those
portions of Moody County west of I-29 and Miner County east of SD
Highway 25.
Pacific Flyway
Idaho
East Zone - Bonneville, Caribou, Fremont and Teton Counties.
Oregon
Northwest Zone - Benton, Clackamas, Clatsop, Columbia, Lane,
Lincoln, Linn, Marion, Polk, Multnomah, Tillamook, Washington, and
Yamhill Counties.
Southwest Zone - Coos, Curry, Douglas, Jackson, Josephine, and
Klamath Counties.
East Zone - Baker, Gilliam, Malheur, Morrow, Sherman, Umatilla,
Union and Wasco Counties.
Washington
Southwest Zone - Clark, Cowlitz, Pacific, and Wahkiakum Counties.
East Zone - Asotin, Benton, Columbia, Garfield, Klickitat, and
Whitman Counties.
Wyoming
Bear River Area - That portion of Lincoln County described in State
regulations.
Salt River Area - That portion of Lincoln County described in State
regulations.
Farson-Edon Area - Those portions of Sweetwater and Sublette
Counties described in State regulations.
Teton Area - Those portions of Teton County described in State
regulations.
Ducks
Mississippi Flyway
Iowa
North Zone: That portion of the State north of a line extending
east from the Nebraska border along State Highway 175 to State 37,
southeast along State 37 to U.S. Highway 59, south along U.S. 59 to
Interstate Highway 80, then east along I-80 to the Illinois border.
South Zone: The remainder of Iowa.
Sandhill Cranes
Central Flyway
Colorado
Regular-Season Open Area - The Central Flyway portion of the State
except the San Luis Valley (Alamosa, Conejos, Costilla, Hinsdale,
Mineral, Rio Grande and Saguache Counties east of the Continental
Divide) and North Park (Jackson County).
Kansas
Regular Season Open Area - That portion of the State west of a line
beginning at the Oklahoma border, north on I-35 to Wichita, north on I-
135 to Salina, and north on U.S. 81 to the Nebraska border.
New Mexico
Regular-Season Open Area - Chaves, Curry, De Baca, Eddy, Lea, Quay,
and Roosevelt Counties.
Middle Rio Grande Valley Area - The Central Flyway portion of New
Mexico in Socorro and Valencia Counties.
Southwest Zone - Sierra, Luna, and Dona Ana Counties.
Oklahoma
Regular-Season Open Area - That portion of the State west of I-35.
Texas
Regular-Season Open Area - That portion of the State west of a line
from the International Toll Bridge at Brownsville along U.S. 77 to
Victoria; U.S. 87 to Placedo; Farm Road 616 to Blessing; State 35 to
Alvin; State 6 to U.S. 290; U.S. 290 to Austin; I-35 to the Texas-
Oklahoma border.
North Dakota
Regular-Season Open Area - That portion of the State west of U.S.
281.
South Dakota
Regular-Season Open Area - That portion of the State west of U.S.
281.
Montana
Regular-Season Open Area - The Central Flyway portion of the State
except that area south of I-90 and west of the Bighorn River.
Wyoming
Regular-Season Open Area - Campbell, Converse, Crook, Goshen,
Laramie, Niobrara, Platte, and Weston Counties.
Riverton-Boysen Unit - Portions of Fremont County.
Park and Bighorn County Unit - Portions of Park and Bighorn
Counties.
Pacific Flyway
Arizona
Special-Season Area - Game Management Units 30A, 30B, 31, and 32.
Montana
Special-Season Area - See State regulations.
Utah
Special-Season Area - Rich County.
Wyoming
Bear River Area - That portion of Lincoln County described in State
regulations.
Salt River Area - That portion of Lincoln County described in State
regulations.
Eden-Farson Area - Those portions of Sweetwater and Sublette
Counties described in State regulations.
All Migratory Game Birds in Alaska
North Zone - State Game Management Units 11-13 and 17-26.
Gulf Coast Zone - State Game Management Units 5-7, 9, 14-16, and 10
- Unimak Island only.
[[Page 45848]]
Southeast Zone - State Game Management Units 1-4.
Pribilof and Aleutian Islands Zone - State Game Management Unit 10
- except Unimak Island.
Kodiak Zone - State Game Management Unit 8.
All Migratory Birds in the Virgin Islands
Ruth Cay Closure Area - The island of Ruth Cay, just south of St.
Croix.
All Migratory Birds in Puerto Rico
Municipality of Culebra Closure Area - All of the municipality of
Culebra.
Desecheo Island Closure Area - All of Desecheo Island.
Mona Island Closure Area - All of Mona Island.
El Verde Closure Area - Those areas of the municipalities of Rio
Grande and Loiza delineated as follows: (1) All lands between Routes
956 on the west and 186 on the east, from Route 3 on the north to the
juncture of Routes 956 and 186 (Km 13.2) in the south; (2) all lands
between Routes 186 and 966 from the juncture of 186 and 966 on the
north, to the Caribbean National Forest Boundary on the south; (3) all
lands lying west of Route 186 for one kilometer from the juncture of
Routes 186 and 956 south to Km 6 on Route 186; (4) all lands within Km
14 and Km 6 on the west and the Caribbean National Forest Boundary on
the east; and (5) all lands within the Caribbean National Forest
Boundary whether private or public.
Cidra Municipality and adjacent areas - All of Cidra Municipality
and portions of Aguas, Buenas, Caguas, Cayer, and Comerio
Municipalities as encompassed within the following boundary: beginning
on Highway 172 as it leaves the municipality of Cidra on the west edge,
north to Highway 156, east on Highway 156 to Highway 1, south on
Highway 1 to Highway 765, south on Highway 765 to Highway 763, south on
Highway 763 to the Rio Guavate, west along Rio Guavate to Highway 1,
southwest on Highway 1 to Highway 14, west on Highway 14 to Highway
729, north on Highway 729 to Cidra Municipality boundary to the point
of beginning.
[FR Doc. 96-22187 Filed 8-28-96; 8:45 am]
BILLING CODE 4310-55-F
