# Migratory Bird Hunting; Final Frameworks for Migratory Bird Hunting Regulations

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A2019-17561

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** August 19, 2019
- **Citation:** 84 FR 42996

## Text

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS-HQ-MB-2018-0030; FF09M21200-189-FXMB1231099BPP0]
RIN 1018-BD10
Migratory Bird Hunting; Final Frameworks for Migratory Bird Hunting Regulations

AGENCY:

Fish and Wildlife Service, Interior.

ACTION:

Final rule.

SUMMARY:

The U.S. Fish and Wildlife Service (Service or we) prescribes final frameworks from which States may select season dates, limits, and other options for the 2019-20 migratory bird hunting seasons. The effect of this final rule is to facilitate the States' selection of hunting seasons and to further the annual establishment of the migratory bird hunting regulations. We annually prescribe frameworks, or outer limits, for dates and times when hunting may occur and the number of birds that may be taken and possessed in hunting seasons. These frameworks are necessary to allow State selections of seasons and limits and to allow recreational harvest at levels compatible with population and habitat conditions.

DATES:

This rule takes effect on August 19, 2019.

ADDRESSES:

States should send their season selections to: Chief, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, MS: MB, 5275 Leesburg Pike, Falls Church, VA 22041-3803. You may inspect comments received on the migratory bird hunting regulations during normal business hours at the Service's office at 5275 Leesburg Pike, Falls Church, VA 22041-3803 or at
http://www.regulations.gov
at Docket No. FWS-HQ-MB-2018-0030. You may obtain copies of referenced reports from the street address above, or from the Division of Migratory Bird Management's website at
http://www.fws.gov/migratorybirds/
, or at
http://www.regulations.gov
at Docket No. FWS-HQ-MB-2018-0030.

FOR FURTHER INFORMATION CONTACT:

Ken Richkus, U.S. Fish and Wildlife Service, Department of the Interior, MS: MB, 5275 Leesburg Pike, Falls Church, VA 22041-3803; (703) 358-1780.

SUPPLEMENTARY INFORMATION:

New Process for the Annual Migratory Game Bird Hunting Regulations

As part of the Department of the Interior's retrospective regulatory review, 3 years ago we developed a schedule for migratory game bird hunting regulations that is more efficient and establishes hunting season dates earlier than was possible under the old process. Under the new process, we develop proposed hunting season frameworks for a given year in the fall of the prior year. We then finalize those frameworks a few months later, thereby enabling the State agencies to select and publish their season dates in early summer. We provided a detailed overview of the new process in the August 3, 2017,
Federal Register
(82 FR 36308). This final rule is the fourth in a series of proposed and final rules for the establishment of the 2019-20 hunting seasons.

Regulations Schedule for 2019

On June 14, 2018, we published a proposal to amend title 50 of the Code of Federal Regulations (CFR) at part 20 (83 FR 27836). The proposal provided a background and overview of the migratory bird hunting regulations process, and addressed the establishment of seasons, limits, and other regulations for hunting migratory game birds under §§ 20.101 through 20.107, 20.109, and 20.110 of subpart K. Major steps in the 2019-20 regulatory cycle relating to open public meetings and
Federal Register
notifications were illustrated in the diagram at the end of the June 14, 2018, proposed rule (83 FR 27836). Further, we explained that all sections of subsequent documents outlining hunting frameworks and guidelines were organized under numbered headings. Those headings are:

1. Ducks

A. General Harvest Strategy

B. Regulatory Alternatives

C. Zones and Split Seasons

D. Special Seasons/Species Management

i. September Teal Seasons

ii. September Teal/Wood Duck Seasons

iii. Black Ducks

iv. Canvasbacks

v. Pintails

vi. Scaup

vii. Mottled Ducks

viii. Wood Ducks

ix. Youth Hunt

x. Mallard Management Units

xi. Other

2. Sea Ducks

3. Mergansers

4. Canada Geese

A. Special Early Seasons

B. Regular Seasons

C. Special Late Seasons

5. White-Fronted Geese

6. Brant

7. Snow and Ross's (Light) Geese

8. Swans

9. Sandhill Cranes

10. Coots

11. Moorhens and Gallinules

12. Rails

13. Snipe

14. Woodcock

15. Band-Tailed Pigeons

16. Doves

17. Alaska

18. Hawaii

19. Puerto Rico

20. Virgin Islands

21. Falconry

22. Other

Subsequent documents, including this document, refer only to numbered items requiring attention. Therefore, it is important to note that we will omit those items requiring no attention, and remaining numbered items will be discontinuous and appear incomplete.

The June 14 proposed rule also provided detailed information on the proposed 2019-20 regulatory schedule and announced the Service Regulations Committee (SRC) and Flyway Council meetings. On September 21, 2018, we published in the
Federal Register
(83 FR 47868) a second document providing supplemental proposals for migratory bird hunting regulations. The September 21 supplement also provided detailed information on the 2019-20 regulatory schedule and re-announced the SRC and Flyway Council meetings. On October 16-17, 2018, we held open meetings with the Flyway Council Consultants, at which the participants reviewed information on the current status of migratory game birds and developed recommendations for the 2019-20 regulations for these species.

On April 17, 2019, we published in the
Federal Register
(84 FR 16152) the proposed frameworks for the 2019-20 season migratory bird hunting regulations. This document establishes final frameworks for migratory bird hunting regulations for the 2019-20 season. There are no substantive changes from the April 17, 2019, proposed rule, with the exception of changes made in response to the John D. Dingell, Jr. Conservation, Management, and Recreation Act, which was signed into law on March 12, 2019 (Pub. L. 116-9), and amended the Migratory Bird Treaty Act; those changes are discussed below under Review of Public Comments and Flyway Council Recommendations. We will publish State selections in the
Federal Register
as amendments to §§ 20.101 through 20.107 and 20.109 of title 50 CFR part 20.

Population Status and Harvest

Each year we publish various species status reports that provide detailed information on the status and harvest of migratory game birds, including information on the methodologies and

results. These reports are available at the address indicated under
FOR FURTHER INFORMATION CONTACT
or from our website at
https://www.fws.gov/birds/surveys-and-data/reports-and-publications/population-status.php
.

We used the following reports: Adaptive Harvest Management, 2019 Hunting Season (September 2018); American Woodcock Population Status, 2018 (August 2018); Band-tailed Pigeon Population Status, 2018 (August 2018); Migratory Bird Hunting Activity and Harvest During the 2016-17 and 2017-18 Hunting Seasons (August 2018); Mourning Dove Population Status, 2018 (August 2018); Status and Harvests of Sandhill Cranes, Mid-continent, Rocky Mountain, Lower Colorado River Valley and Eastern Populations, 2018 (August 2018); and Waterfowl Population Status, 2018 (August 2018).

Review of Public Comments and Flyway Council Recommendations

The preliminary proposed rulemaking, which appeared in the June 14, 2018,
Federal Register
, opened the public comment period for migratory game bird hunting regulations and discussed the regulatory alternatives for the 2019-20 duck hunting season. Comments and recommendations are summarized below and numbered in the order used in the June 14, 2018, proposed rule.

We received recommendations from all four Flyway Councils. Some recommendations supported continuation of last year's frameworks. Due to the comprehensive nature of the annual review of the frameworks performed by the Councils, support for continuation of last year's frameworks is assumed for items for which no recommendations were received. Council recommendations for changes in the frameworks are summarized below. We have included only the numbered items pertaining to issues for which we received recommendations. Consequently, the issues do not follow in successive numerical order.

General

Written Comments:
Several commenters protested the entire migratory bird hunting regulations process, the killing of any migratory birds, and status and habitat data on which the migratory bird hunting regulations are based.

Several other commenters supported the overall migratory bird hunting regulatory process and supported the proposed regulations.

Service Response:
Our long-term objectives continue to include providing opportunities to harvest portions of certain migratory game bird populations and to limit harvests to levels compatible with each population's ability to maintain healthy, viable numbers. Having taken into account the zones of temperature and the distribution, abundance, economic value, breeding habits, and times and lines of flight of migratory birds, we conclude that the hunting seasons provided for herein are compatible with the current status of migratory bird populations and long-term population goals. Additionally, we are obligated to, and do, give serious consideration to all information received as public comment. While there are problems inherent with any type of representative management of public-trust resources, we conclude that the Flyway Council system of migratory bird management has been a longstanding example of State-Federal cooperative management since its establishment in 1952. However, as always, we continue to seek new ways to streamline and improve the process.

1. Ducks

A. General Harvest Strategy

Council Recommendations:
The Atlantic, Mississippi, Central, and Pacific Flyway Councils recommended the adoption of the “liberal” regulatory alternative for their respective flyways.

The Mississippi Flyway Council recommended that regulation changes be restricted to one step per year, both when restricting as well as liberalizing hunting regulations.

Written Comments:
An individual supported the new adaptive harvest management (AHM) protocol recently implemented for the Atlantic Flyway.

Service Response:
As we stated in the June 14, 2018, and September 21, 2018, proposed rules, we intend to continue use of AHM to help determine appropriate duck-hunting regulations for the 2019-20 season. AHM is a tool that permits sound resource decisions in the face of uncertain regulatory impacts, as well as providing a mechanism for reducing that uncertainty over time. We use AHM to evaluate four alternative regulatory levels for duck hunting in the Mississippi, Central, and Pacific Flyways based on the population status of mallards (discussed below). We will use AHM based on the population status of a suite of four species in the Atlantic Flyway (discussed below). We have specific hunting strategies for species of special concern, such as black ducks, scaup, and pintails.

Mississippi, Central, and Pacific Flyways

The prescribed regulatory alternative for the Mississippi, Central, and Pacific Flyways is based on the status of mallard populations that contribute primarily to each Flyway. In the Central and Mississippi Flyways, we set hunting regulations based on the status and dynamics of mid-continent mallards. Mid-continent mallards are those breeding in central North America (Federal survey strata 13-18, 20-50, and 75-77, and State surveys in Minnesota, Wisconsin, and Michigan). In the Pacific Flyway, we set hunting regulations based on the status and dynamics of western mallards. Western mallards are those breeding in Alaska and the northern Yukon Territory (as based on Federal surveys in strata 1-12), and in California, Oregon, Washington, and British Columbia (as based on State- or Province-conducted surveys).

For the 2019-20 season, we will continue to use independent optimization to determine the optimal regulatory choice for each mallard stock. This means that we develop regulations for mid-continent mallards and western mallards independently, based upon the breeding stock that contributes primarily to each Flyway. We detailed implementation of this AHM decision framework for western and mid-continent mallards in the July 24, 2008,
Federal Register
(73 FR 43290).

The optimal AHM strategies for mid-continent and western mallards for the 2019-20 hunting season were calculated using: (1) Harvest-management objectives specific to each mallard stock; (2) the 2019-20 regulatory alternatives; and (3) current population models and associated weights. Based on “liberal” regulatory alternatives selected for the 2018-19 hunting season, the 2018 Waterfowl Breeding Population and Habitat Survey (WBPHS) results of 9.57 million mid-continent mallards, 3.66 million ponds in Prairie Canada, 1.03 million western mallards observed in Alaska (0.45 million) and the southern Pacific Flyway (0.57 million), the optimal regulatory choice for the three western Flyways is the “liberal” alternative. Therefore, we concur with the recommendations of the Mississippi, Central, and Pacific Flyway Councils regarding selection of the “liberal” regulatory alternative for the 2019-20 season and will adopt the “liberal” regulatory alternative, as described in the September 21, 2018,
Federal Register
, with one exception (see B. Regulatory Alternatives, below).

Atlantic Flyway

Since 2000, the Service has used an AHM protocol based on the status of eastern mallards to establish the annual framework regulations for duck hunting seasons in the Atlantic Flyway. This protocol assumes that the mallard is an appropriate surrogate for other duck species in the Atlantic Flyway. However, following a review of eastern mallard AHM conducted in 2013, the Atlantic Flyway Council determined that eastern mallards do not adequately represent duck harvest dynamics throughout the entire Flyway; they do not represent the breeding ecology and habitat requirements of other important Atlantic Flyway duck species because their breeding range does not overlap with that of other ducks that breed in the flyway; and their breeding and/or wintering habitat needs differ from many of the other duck species in the Flyway. Thus, although mallards comprise nearly 20 percent of the Atlantic Flyway's duck harvest, the status of eastern mallards does not necessarily reflect that of other Atlantic Flyway duck species. For example, mallards in eastern North America have declined at an average annual rate of 1 percent since 1998, whereas over the same time period all other duck species in eastern North America, for which robust population estimates are available, are stable or increasing.

The Atlantic Flyway Council decided that a decision framework based upon a suite of duck species that better represents the habitat needs and harvest distribution of ducks in the Atlantic Flyway would be superior to the current eastern mallard AHM framework, and we concur. Accordingly, the Service and the Atlantic Flyway began working in 2013 to develop a multi-stock AHM protocol for setting annual duck hunting season frameworks for the Atlantic Flyway.

The development of multi-stock protocols has now been completed, and we adopted multi-stock AHM as a replacement for eastern mallard AHM (September 21, 2018,
Federal Register
; 83 FR 47868). The protocols are based on a suite of four species that represents the dynamics of duck harvest in the Atlantic Flyway and the various habitat types used by waterfowl throughout the Atlantic Flyway: Green-winged teal (
Anas crecca
), common goldeneye (
Bucephala clangula
), ring-necked duck (
Aythya collaris
), and wood duck (
Aix sponsa
). These species comprise more than 40 percent of the Atlantic Flyway's total duck harvest, and they reflect regional variation in harvest composition. The selected species represent upland nesters in boreal and southern Canada (green-winged teal), over-water nesters in boreal Canada (ring-necked duck), cavity nesters in the United States and southern Canada (wood duck), and cavity nesters in boreal Canada (goldeneye). The most important winter waterfowl habitats in the Atlantic Flyway (salt marsh, freshwater marsh, tidal waters, freshwater ponds and lakes, rivers and streams) are important to at least one of these four species.

Species selection was also influenced by our need for sufficient time series of estimates of annual abundance and estimates of harvest rate or annual harvest. The protocol has a harvest objective of no more than 98 percent of maximum sustainable long-term yield for any of the four species. Regulatory alternatives are the same as those used in the eastern mallard AHM, except that the mallard bag limit is not prescribed by the optimal regulatory alternative as determined by the multi-stock AHM protocol. The mallard bag limit in the Atlantic Flyway is now based on a separate assessment of the harvest potential of eastern mallards (see xi. Other for further discussion on the mallard bag limit in the Atlantic Flyway).

The optimal AHM strategies for the Atlantic Flyway for the 2019-20 hunting season were calculated using: (1) Harvest-management objectives specific to each stock; (2) the 2019-20 regulatory alternatives; and (3) current population models and associated weights. Based on the “liberal” regulatory alternative selected for the 2018-19 duck hunting season, the 2018 WBPHS results of 0.35 million American green-winged teal, 1.12 million wood ducks, 0.63 million ring-necked ducks, and 0.49 million goldeneyes in the eastern survey area and Atlantic Flyway, the optimal regulatory choice for the Atlantic Flyway is the “liberal” alternative. Therefore, we concur with the recommendation of the Atlantic Flyway Council regarding selection of the “liberal” regulatory alternative for the 2019-20 season and will adopt the “liberal” regulatory alternative, as described in the September 21, 2018,
Federal Register
.

Further details on biological models used in the protocol, data sources, optimization methods, and simulation results are available at
http://www.regulations.gov
and on our website at
https://www.fws.gov/birds/surveys-and-data/reports-and-publications.php
.

Other Issues

Regarding the Mississippi Flyway Council recommendation to limit regulatory changes to one step per year, we recognize the longstanding interest by the Council to impose a one-step constraint on regulatory changes. In the September 21, 2018,
Federal Register
, we noted that the Central and Mississippi Flyways have worked with Service staff during the past 3 years to revisit the AHM protocol for managing harvest of mid-continent mallards. This effort has included a discussion of appropriate management objectives, regulatory packages, and management of non-mallard stocks. We continue to support that these discussions are the appropriate venue to discuss what role, if any, a one-step constraint might play in management of waterfowl in the Central and Mississippi Flyways. Such discussions should include the potential impact of a one-step constraint on the frequency of when the liberal, moderate, and restrictive packages would be recommended. On a final note, while we recognize the Council's concern about potentially communicating a large regulatory change to hunters, we have concerns about the appropriateness of a one-step constraint in situations when the status of the waterfowl resource may warrant a regulatory change larger than one step. Furthermore, it is unclear how the AHM protocol can accommodate a one-step constraint in the Mississippi Flyway if the same constraint is not imposed in the Central Flyway. Technical work on the AHM revision process tentatively should be completed by summer 2019, with any potential changes to regulatory packages and the harvest strategy approved in October 2019 for the 2021-22 season. We look forward to continued work with the Flyway Councils on this issue.

B. Regulatory Alternatives

Council Recommendations:
The Mississippi Flyway Council recommended that the framework closing date be modified from the last Sunday in January to January 31 for both the “liberal” and “moderate” AHM packages.

Service Response:
We support the Mississippi Flyway's recommendation for a closing date of January 31 for the 2019-20 midcontinent duck seasons. Although we recognize that this issue is currently being discussed as part of the AHM revision process, we understand that there is agreement among the Mississippi and Central Flyways and the Service's Migratory Bird Management staff that the new forthcoming regulatory alternatives will

contain an ending framework date of January 31 for at least the “liberal” regulatory alternative. Thus, adopting the Mississippi Flyway Council's proposed closing date for the 2019-20 seasons is acceptable at this time for both the Mississippi and Central flyways. Further, the Atlantic Flyway currently also has a closing duck framework date of January 31. Therefore, we proposed a January 31 closing date for duck frameworks for all four flyways during the 2019-20 hunting seasons. The additional few days will have no measurable impact on duck harvests, and satisfies the desires of the Flyway Councils and hunters.

Subsequent to our proposed rule, the John D. Dingell, Jr. Conservation, Management, and Recreation Act (Act), signed into law on March 12, 2019 (Pub. L. 116-9), amended the Migratory Bird Treaty Act to specify that the framework closing date for hunting ducks, mergansers, and coots “shall not be later than January 31 of each year.” The Act also states that, with regard to these species, the Secretary shall “adopt the recommendation of each respective flyway council (as defined in section 20.152 of title 50, Code of Federal Regulations) for the Federal framework if the Secretary determines that the recommendation is consistent with science-based and sustainable harvest management.” Thus, as directed by the Act, we have adopted January 31 as the framework closing date for all four Flyways.

C. Zones and Split Seasons

Written Comments:
A commenter from Pennsylvania requested changes to the duck hunting zones in Pennsylvania. Several individuals from Louisiana were unhappy with the hunting dates selected by Louisiana.

Service Response:
Zones and split seasons are special regulations designed to distribute hunting opportunities and harvests according to temporal, geographic, and demographic variability in waterfowl and other migratory game bird populations. States have been allowed the option of dividing their allotted duck hunting days into two (or in some cases three) segments (splits) to take advantage of species-specific peaks of abundance or to satisfy hunters in different areas who want to hunt during the peak of waterfowl abundance in their area. States also have the option to establish independent duck seasons in up to four zones within States for the purpose of providing more equitable distribution of harvest opportunity for hunters throughout the State.

The guidelines were first established in 1978, with the current guidelines finalized in 2011 (76 FR 53536; August 26, 2011). Every 5 years, States are afforded the opportunity to change the zoning and split-season configuration within which they set their annual duck hunting regulations. The next regularly scheduled open season for changes to zone and split-season configurations will be in 2020, for use during the 2021-25 period.

Lastly, we note that duck hunting zones are established at the State level by the State based on the above referenced guidelines. The selection of season hunting dates is specifically a State decision based on the overall frameworks for each species.

D. Special Seasons/Species Management

i. September Teal Seasons

Council Recommendations:
The Atlantic Flyway Council requested that Florida be allowed to hold an experimental September teal-only season for an additional year (2019), to allow sufficient time to evaluate impacts to non-target species.

Service Response:
For the 2019-20 season, we will utilize the 2018 breeding population estimate of 6.45 million blue-winged teal from the traditional survey area and the criteria developed for the teal season guidelines. Thus, a 16-day September teal season in the Atlantic, Central, and Mississippi Flyways is appropriate for the 2019-20 season.

We agree with the Atlantic Flyway Council's request to extend Florida's experimental teal-only season through 2019. The additional year will allow Florida to collect additional data to meet experimental sample size criteria and study impacts to non-target species.

iii. Black Ducks

Council Recommendations:
The Atlantic and Mississippi Flyway Councils recommended that the Service continue to follow the International Black Duck AHM Strategy for the 2019-20 season.

Service Response:
In 2012, we adopted the International Black Duck AHM Strategy (77 FR 49868; August 17, 2012). The formal strategy is the result of 14 years of technical and policy decisions developed and agreed upon by both Canadian and U.S. agencies and waterfowl managers. The strategy clarifies what harvest levels each country will manage for and reduces conflicts over country-specific regulatory policies. Further, the strategy allows for attainment of fundamental objectives of black duck management: Resource conservation; perpetuation of hunting tradition; and equitable access to the black duck resource between Canada and the United States while accommodating the fundamental sources of uncertainty (partial controllability and partial observability, structural uncertainty, and environmental variation).

For the 2019-20 season, the optimal country-specific regulatory strategies were calculated using: (1) The black duck harvest objective (98 percent of long-term cumulative harvest); (2) 2019-20 country-specific regulatory alternatives; (3) current parameter estimates for mallard competition and additive mortality; and (4) 2018 survey results of 0.53 million breeding black ducks and 0.40 million breeding mallards in the core survey area. The optimal regulatory choices for the 2019-20 season are the “liberal” package in Canada and the “moderate” package in the United States.

iv. Canvasbacks

Council Recommendations:
The Atlantic, Mississippi, Central, and Pacific Flyway Councils recommended a full season for canvasbacks with a 2-bird daily bag limit. Season lengths would be 60 days in the Atlantic and Mississippi Flyways, 74 days in the Central Flyway, and 107 days in the Pacific Flyway.

Service Response:
As we discussed in the March 28, 2016, final rule (81 FR 17302), the canvasback harvest strategy that we had relied on until 2015 was not viable under our new regulatory process because it required biological information that was not yet available at the time a decision on season structure needed to be made. We do not yet have a new harvest strategy to propose for use in guiding canvasback harvest management in the future. However, we have worked with technical staff of the four Flyway Councils to develop a decision framework (hereafter, decision support tool) that relies on the best biological information available to develop recommendations for annual canvasback harvest regulations. The decision support tool used available information (1994-2014) on canvasback population size, growth rate, survival, and harvest and a discrete logistic growth model to derive an optimal harvest policy with an objective of maximum sustained yield. The decision support tool calls for a closed season when the observed population is below 460,000, a 1-bird daily bag limit when the observed breeding population is between 460,000 and 480,000, and a 2-bird daily bag limit when the observed population is greater than 480,000. Given that the 2018 canvasback

breeding population estimate from the WBPHS was 686,000 birds, we support the Flyway Councils' recommendations for a 2-canvasback daily bag limit for the 2019-20 season.

v. Pintails

Council Recommendations:
The Atlantic, Mississippi, Central, and Pacific Flyway Councils recommended a full season for pintails, consisting of a 1-bird daily bag limit and a 60-day season in the Atlantic and Mississippi Flyways, a 74-day season in the Central Flyway, and a 107-day season in the Pacific Flyway.

Service Response:
The current derived pintail harvest strategy was adopted by the Service and Flyway Councils in 2010 (75 FR 44856; July 29, 2010). For the 2019-20 season, an optimal regulatory strategy for pintails was calculated with: (1) An objective of maximizing long-term cumulative harvest, including a closed-season constraint of 1.75 million birds; (2) the regulatory alternatives and associated predicted harvest; and (3) current population models and their relative weights. Based on a “liberal” regulatory alternative with a 2-bird daily bag limit for the 2018-19 season, and the 2018 WBPHS survey results of 2.37 million pintails observed at a mean latitude of 56.1 degrees, the optimal regulatory choice for all four Flyways for the 2019-20 hunting season is the “liberal” alternative with a 1-bird daily bag limit.

vi. Scaup

Council Recommendations:
The Atlantic, Mississippi, Central, and Pacific Flyway Councils recommended use of the “moderate” regulation package, consisting of a 60-day season with a 2-bird daily bag in the Atlantic Flyway and a 3-bird daily bag in the Mississippi Flyway, a 74-day season with a 3-bird daily bag limit in the Central Flyway, and an 86-day season with a 3-bird daily bag limit in the Pacific Flyway.

Service Response:
In 2008, we adopted and implemented a new scaup harvest strategy (73 FR 43290 on July 24, 2008, and 73 FR 51124 on August 29, 2008) with initial “restrictive,” “moderate,” and “liberal” regulatory packages adopted for each Flyway.

For scaup, optimal regulatory strategies for the 2019-20 season were calculated using: (1) An objective to achieve 95 percent of long-term cumulative harvest; (2) current scaup regulatory alternatives; and (3) updated model parameters and weights. Based on a “moderate” regulatory alternative selected in 2018, and the 2018 WBPHS survey results of 3.99 million scaup, the optimal regulatory choice for the 2019-20 season for all four Flyways is the “moderate” regulatory alternative.

ix. Youth Hunt

Council Recommendations:
The Pacific Flyway Council recommended replacing tundra swan with swan in the bag limits for the Special Youth Waterfowl Hunting Days.

Service Response:
We agree with the Pacific Flyway Council's recommendation to replace tundra swan with swan in the bag limits for the Special Youth Waterfowl Hunting Days. The change is intended to allow the take of any swan species in the Pacific Flyway (currently applicable to only Montana, Utah, and Nevada) consistent with the swan hunting framework that has existed in the Pacific Flyway since 1995. Swans may only be taken by participants possessing applicable swan hunting permits. This will not change the number of swan hunting permits available in any State, but will provide an opportunity for youths with a swan hunting permit to hunt swans during the Special Youth Waterfowl Hunting Days in addition to the regular swan season. Youth hunters in other flyways with a tundra swan hunting permit would continue to be able to hunt tundra swans during the Special Youth Waterfowl Hunting Days. The expected additional harvest from this change is negligible because we anticipate that few youths will apply and successfully draw the limited number of swan hunting permits in the Pacific Flyway, and any issued swan hunting permit may otherwise be filled during the regular swan hunting season. Hunting during the Special Youth Waterfowl Hunting Days in the Pacific Flyway is expected to result in the same ratio of take between trumpeter and tundra swans as occurs in the regular season.

Subsequent to our proposed rule, the John D. Dingell, Jr. Conservation, Management, and Recreation Act (Act), signed into law on March 12, 2019 (Pub. L. 116-9), amended the Migratory Bird Treaty Act to codify the 2 additional hunting days we currently have for youth hunters and to specifically add 2 additional hunting days for veterans and active military personnel. The Act states that “the Secretary shall allow States to select 2 days for youths and 2 days for veterans (as defined in section 101 of title 38, United States Code) and members of the Armed Forces on active duty, including members of the National Guard and Reserves on active duty (other than for training), to hunt eligible ducks, geese, swans, mergansers, coots, moorhens, and gallinules, if the Secretary determines that the addition of those days is consistent with science-based and sustainable harvest management. Such days shall be treated as separate from, and in addition to, the annual Federal framework hunting season lengths.” The Act also states that States may combine the 2 days allowed for youths with the 2 days allowed for veterans and members of the Armed Forces on active duty, but that no State may have more than a total of 4 additional days added to its regular hunting season. Thus, as directed by the Act, we have adopted the inclusion of the 2 additional days for veterans and active military personnel into the final frameworks for the 2019-20 hunting season.

xi. Other

Council Recommendations:
The Atlantic Flyway Council recommended use of the Eastern Mallard Prescribed Take Level (PTL) analysis for setting mallard bag limits at two (2) birds per day in the Atlantic Flyway until a formal harvest strategy can be developed in conjunction with the Service. Further, they recommended adopting a restriction of no more than one (1) hen mallard per day in conjunction with reducing the mallard bag limit for the 2019-20 hunting season.

Written Comments:
An individual from South Carolina questioned proposed mallard bag restrictions in South Carolina given his interpretation of band return data indicating most mallards harvested in South Carolina originate in the Great Lake States and southern Ontario rather than the northeastern States. As such, he believed South Carolina regulations should be based on mid-continent mallards rather than eastern mallards.

Service Response:
The Atlantic Flyway Council's multi-stock harvest strategy (see above) did not specifically address bag limits for mallards. The number of breeding mallards in northeastern United States (about two-thirds of the eastern mallard population in 1998) has decreased by about 38 percent since 1998, and the overall population has declined by about 1 percent per year during that time period. This has resulted in reduced harvest potential for that population. The Service conducted a PTL analysis to estimate the allowable take (kill rate) for eastern mallards, and compared that with the expected kill rate under the most liberal season length (60 days) being considered as part of the multi-stock framework's regulatory alternatives.

PTL requires an estimate of the maximum population growth rate (r
max
)

in the absence of harvest and density dependence. That estimate is then used to calculate the allowable rate of take as (r
max
/2)F, where F is a variable that reflects management objectives. Using contemporary data and assuming a management objective of maximum sustained yield, the PTL analysis estimated an allowable take rate of 0.194-0.198. The expected take (kill) rate for eastern mallards under a 60-day season and a 2-mallard daily bag limit in the U.S. portion of the Atlantic Flyway was 0.193 (SE = 0.016), which is slightly below (but not statistically different from) the point estimate of allowable take (PTL) at maximum sustained yield. This indicates that a 2-bird daily bag limit is sustainable at this time. Thus, we agree with the Atlantic Flyway Council's recommendation of a 2-bird daily bag limit for mallards, of which only one may be a hen. We expect that the hen restriction will help conserve the population's breeding stock. Further details on the PTL analysis are available at
http://www.regulations.gov
and on our website at
https://www.fws.gov/birds/surveys-and-data/reports-and-publications.php
.

Regarding the mallard bag restrictions in South Carolina and the origin of stocks, we have a long-standing policy of setting duck hunting regulations by flyway, for both biological and administrative purposes. Furthermore, we note that the proportion of the southern Atlantic Flyway mallard harvest that originates in the mid-continent region has declined significantly since the 1970s and 1980s, while that from eastern North America has increased. A 2012 report (Arnold and de Sobrino) indicated that 53 percent of the mallard harvest in North Carolina, South Carolina, Georgia, and Florida during 1995-2009 was derived from mallards of eastern origin, either eastern Canada (33 percent) or eastern United States north of North Carolina (20 percent). Harvest of locally produced mallards likely would increase this percentage further. Because a majority of birds harvested in the southeastern states in the Atlantic Flyway are derived from eastern stocks, we do not agree with the implication that South Carolina's mallard bag limit should be based on the status of mid-continent mallards.

4. Canada Geese

B. Regular Seasons

Council Recommendations:
The Atlantic Flyway Council made several recommendations concerning Canada goose regular seasons. Specifically, they recommended:

• Allow Maine to designate their Coastal Zone as a low harvest North Atlantic Population (NAP) Zone for an experimental 3-year period (2019-21);

• Implement the “restrictive” season option (30-day season with a daily bag limit of two (2) geese in the New England [Connecticut, Massachusetts, and Vermont] and Mid-Atlantic [New Jersey, New York, and Pennsylvania] Regions and one (1) goose in the Chesapeake Region [Delaware, Maryland, and Virginia]) for Atlantic Population (AP) harvest areas in the Atlantic Flyway in 2019-20;

• Allow Connecticut to modify the boundary between the Atlantic Flyway Resident Population (AFRP) zone and NAP zone;

• Allow New Jersey to change the designation of their Coastal Zone from an AFRP to a NAP Canada goose high harvest area beginning in 2019; and

• Modify the New York AFRP Canada Goose Areas to no more than 80 days, starting no earlier than the fourth Saturday in October and ending no later than the last day of February.

Service Response:
We agree with all of the Atlantic Flyway Council's recommendations concerning Canada geese. First, allowing Maine to change the designation of their Coastal Zone to a low harvest NAP Zone for an experimental 3-year period (2019-21) should allow for the harvest of more AFRP geese with the longer season length and higher bag limit. While some additional harvest of NAP Canada geese may occur, the Coastal Zone currently meets the criteria as a low harvest zone under the current NAP harvest strategy.

Second, while we note that the current AP harvest strategy indicates that a continuation of the “moderate” season may be considered given the current population abundance, moving to a “restrictive” season in the AP harvest strategy is the more prudent choice. The breeding pair estimate (the primary metric used to inform AP harvest management decisions) has declined sharply the past 2 years, and although the 3-year running average of total indicated pairs (154,969) remains above the harvest strategy threshold (150,000 pairs) for consideration of a moderate season, the 2018 single-year estimate (112,235 pairs) is 25 percent below that level. Further, the total population index has declined by approximately one-third since 2009. The Atlantic Flyway Council notes that this decline, which is only now showing up in the breeding pair estimate, likely reflects an extended period (2009-16) of average or below-average production years. Additionally, gosling production, as indexed by age ratios at banding, was virtually nonexistent in 2018. This is unprecedented in the 22 years this metric has been monitored. Lastly, given current population trends and the poor 2018 production, the harvest strategy is highly likely to prescribe a “restrictive” season in 2020-21. The Atlantic Flyway Council notes that reductions in harvest achieved by implementing a restrictive season 1 year earlier should slow the rate of population decline, and in turn reduce the likelihood of the population declining to a level (60,000 pairs) at which a closed season would be prescribed.

Third, the recommended changes to zone boundaries (Connecticut), zone designation (New Jersey), and framework dates (New York) are all the result of a recent Atlantic Flyway Council assessment of migrant Canada goose harvest in AFRP zones. The assessment indicated that migrant Canada goose harvest in AFRP zones in those States exceeded the level allowed by the Atlantic Flyway Council's established criteria. The Council's recommended changes will reduce migrant Canada goose harvest in AFRP zones in those States and bring them back into compliance with AFRP zone criteria. Thus, we agree that all three changes are appropriate, and we commend the Atlantic Flyway Council's continuing commitment to sustainable harvest of migrant Canada geese.

6. Brant

Council Recommendations:
The Atlantic Flyway Council recommended that the 2019-20 season for Atlantic brant follow the Atlantic Flyway Council's brant harvest strategy pending the results of the 2019 Atlantic Flyway Mid-winter Waterfowl Survey (MWS). The Council also recommended that if results of the 2019 MWS are not available, then results of the most recent MWS should be used.

The Pacific Flyway Council recommended that the 2019-20 brant season frameworks be determined based on the harvest strategy in the Council's management plan for the Pacific population of brant pending results of the 2019 Winter Brant Survey (WBS). If results of the 2019 WBS are not available, results of the most recent WBS should be used.

Service Response:
As we discussed in the March 28, 2016, final rule (81 FR 17302), the current harvest strategy used to determine the Atlantic brant season frameworks does not fit well within the new regulatory process, similar to the Rocky Mountain Population (RMP) sandhill crane issue discussed below under 9. Sandhill Cranes. In developing the annual proposed frameworks for

Atlantic brant in the past, the Atlantic Flyway Council and the Service used the number of brant counted during the MWS in the Atlantic Flyway, and took into consideration the brant population's expected productivity that summer. The MWS is conducted each January, and expected brant productivity is based on early-summer observations of breeding habitat conditions and nesting effort in important brant nesting areas. Thus, the data under consideration were available before the annual Flyway and SRC decision-making meetings took place in late July. Although the former regulatory alternatives for Atlantic brant were developed by factoring together long-term productivity rates (observed during November and December productivity surveys) with estimated observed harvest under different framework regulations, the primary decision-making criterion for selecting the annual frameworks was the MWS count.

Under the new regulatory schedule, neither the expected brant production information nor the MWS count for the current year is yet available at the time the proposed frameworks are published. However, the MWS is typically completed, and winter brant data are available, by the expected publication of the final frameworks. Therefore, in the September 24, 2015,
Federal Register
(80 FR 57664), we adopted the Atlantic Flyway Council's changes to the then-current Atlantic brant hunt plan strategy. The current harvest strategy for Atlantic brant is as follows:

• If the MWS count is <100,000 Atlantic brant, the season would be closed.

• If the MWS count is between 100,000 and 115,000 brant, States could select a 30-day season with a 1-bird daily bag limit.

• If the MWS count is between 115,000 and 130,000 brant, States could select a 30-day season with a 2-bird daily bag limit.

• If the MWS count is between 130,000 and 150,000 brant, States could select a 50-day season with a 2-bird daily bag limit.

• If the MWS count is between 150,000 and 200,000 brant, States could select a 60-day season with a 2-bird daily bag limit.

• If the MWS count is >200,000 brant, States could select a 60-day season with a 3-bird daily bag limit.

Under all the above open-season alternatives, seasons would be between the Saturday nearest September 24 and January 31. Further, States could split their seasons into 2 segments.

The 2019 MWS Atlantic brant count was 120,109 brant. Thus, utilizing the above Atlantic brant hunt strategies, the appropriate Atlantic brant hunting season for the 2019-20 season is a 30-day season with a 2-bird daily bag limit.

As with the case for Atlantic brant, we also agree with the Pacific Flyway Council's recommendation that the 2019-20 Pacific brant season frameworks be determined by the harvest strategy in the Council's management plan for the Pacific population of brant pending results of the 2019 WBS. Similarly, the harvest strategy used to determine the Pacific brant season frameworks does not fit well within the new regulatory process. In developing the annual proposed frameworks for Pacific brant, the Pacific Flyway Council and the Service use the 3-year average number of brant counted during the WBS in the Pacific Flyway to determine annual allowable season length and daily bag limits. The WBS is conducted each January (that is, after the date that the proposed frameworks are formulated in the regulatory process) in coastal areas of western Mexico, the United States, and Canada. However, the data are typically available by the expected publication of these final frameworks. When we acquire the survey data, we select the appropriate frameworks for the Pacific brant season according to the harvest strategy in the Pacific Flyway Council's management plan for Pacific brant and publish the result in the final frameworks rule. The current harvest strategy for Pacific brant is as follows:

• If the WBS index is <102,000 brant, then the brant season is closed, and the season may not reopen until the 3-year average WBS index exceeds 112,000 brant.

• If the WBS index is between 102,000 and 122,000 brant, then Alaska may select a 51-day season with a 2-bird daily bag limit, and California, Oregon, and Washington may select a 16-day season with a 2-bird daily bag limit.

• If the WBS index is between 122,001 and 147,000 brant, then Alaska may select a 107-day season with a 2-bird daily bag limit, and California, Oregon, and Washington may select a 27-day season with a 2-brant daily bag limit.

• If the WBS index is greater than 147,000 brant, then Alaska may select a 107-day season with a 4-bird daily bag limit, and California, Oregon, and Washington may select a 37-day season with a 2-bird daily bag limit.

Under all the above open-season alternatives, the outside framework season dates are September 1 through January 26 in Alaska, the Saturday closest to September 24 through December 15 in California and Oregon, and the Saturday closest to September 24 through the last Sunday in January in Washington.

The recent 3-year average (2017-2019) WBS count of Pacific brant was 149,647. Using the above harvest strategy, the appropriate season length and daily bag limit framework for Pacific brant in the 2019-20 season is a 107-day season with a 4-bird daily bag limit in Alaska, and a 37-day season with a 2-bird daily bag limit in California, Oregon, and Washington.

8. Swans

Council Recommendations:
The Atlantic Flyway Council recommended that the allocation of tundra swan hunt permits in the Atlantic Flyway be based on the proportion of tundra swans counted on the Mid-Winter Survey (MWS) in each State that hunts swans. Permit allocation would be re-evaluated every 3 years based on the past 3-year MWS average in each State that allows swan hunting. Permit allocation for the 2019-20 through the 2021-22 seasons will be 6,115 permits in North Carolina, 801 permits in Virginia, and 84 permits in Delaware (for a total of 7,000 in the Atlantic Flyway). If the number of permits available to the Atlantic Flyway should change or if additional States initiate tundra swan hunting seasons, the Council recommends that permit allocation be adjusted based on the proportion of tundra swans counted in each State.

The Pacific Flyway Council recommended several changes to the swan season frameworks. Specifically, the Council recommended:

(1) Extending outside dates to the Saturday nearest September 24 (currently the Saturday nearest October 1) and closing consistent with the duck season framework of January 31 (currently varies by State from December 1 to the Sunday following January 1);

(2) Extending the maximum season length to 107 days (currently varies by State from 64 to 100 days), subject to season closure rules (see below);

(3) Allowing youths with a swan hunting permit to hunt swans during federal Special Youth Waterfowl Hunting Days;

(4) Removing State requirements to monitor and report on swan populations within designated hunt areas;

(5) Increasing the trumpeter swan quota from 5 to 10 in Nevada;

(6) Increasing the trumpeter swan quota from 10 to 20 in Utah;

(7) Increasing permits from 2,000 to 2,750 in Utah; and

(8) Increasing the hunt area in Utah (for clearer boundaries).

Written Comments:
The North Dakota Game and Fish Department (North Dakota) and the South Dakota Department of Game, Fish, and Parks (South Dakota) have proposed to temporarily transfer 200 tundra swan permits from South Dakota to North Dakota.

Six individuals from Nevada and Utah supported the Pacific Flyway's recommendations regarding proposed changes to swan seasons in Nevada and Utah.

Service Response:
Recently, we supported the establishment of an experimental tundra swan season in Delaware beginning with the 2019-20 season (83 FR 47868; September 21, 2018). The proposed hunting season followed the guidelines provided in the Atlantic Flyway Council's Eastern Population Tundra Swan Hunt Plan and is not expected to increase the overall harvest of tundra swans. At that time, we stated that the existing allowable harvest would be reallocated among the States that hunt them. The Atlantic Flyway Council's recommendation accomplishes that objective and does not affect permit allocation in any other Flyway. Thus, we agree.

We also agree with the temporary transfer of 200 tundra swan permits from South Dakota to North Dakota. The original agreement between the States was reached in 2003, and approved by the Central Flyway Council in 2003, and recently was reaffirmed by North Dakota and South Dakota. Further, the current Eastern Population Tundra Swan Hunt Plan allows the transfer of unused portions or permits for temporary redistribution to other participating States.

In the Pacific Flyway, we authorized an experimental general swan hunting season (hereafter, swan season) within the Pacific Flyway south of Alaska (parts of Montana, Utah, and Nevada) in 1995, which became operational in 2003. We addressed impacts of the swan season in a sequence of environmental assessments and findings of no significant impact (1995, 2000, 2001, 2003). Two native swan species occur in the contiguous United States: Tundra swan (
Cygnus columbianus
) and trumpeter swan (
C. buccinator
). Only the Western Population (WP) of tundra swans and Rocky Mountain Population (RMP) of trumpeter swans are subjected to harvest during the swan hunting season in the Pacific Flyway.

Regarding WP tundra swans, the recent 3-year (2016-2018) mean abundance index during spring was 133,340 (95 percent confidence interval (CI) = 83,962-182,719) swans, and exceeded the Pacific Flyway Council's population objective of 60,000 swans. Regarding RMP trumpeter swans, the recent (2015) fall count was 11,271 white swans (
i.e.,
adult and subadult birds), and exceeded the Pacific Flyway Council's population objective of 10,000 white swans. The Council also has an objective for the U.S. breeding segment of RMP trumpeter swans. The recent (2018) fall count was 810 white swans, and exceeded the Council's current population objective of 718 white swans. The recent 3-year (2016-2018) average count was 774 white swans.

The 2003 environmental assessment specified the swan season framework cannot be more liberal until the 3-year average number of trumpeter swans in the RMP U.S. breeding segment was ≥90 percent of the original (
i.e.,
from an earlier management plan) goal of 614 white swans (
i.e.,
threshold of 553 white swans). This threshold was exceeded in 2015, when the 3-year (2013-2015) average fall count was 563 white swans.

Gower
et al.
(2018) wrote a white paper on the Pacific Flyway swan season. The purpose was to review data (status, distribution, and harvest) associated with the swan season framework since implementation 23 years ago, and to consider the success of the swan season framework in reconciling two potentially conflicting swan management objectives: Tundra swan hunting and trumpeter swan population restoration. The data provide strong evidence the swan season framework in the Pacific Flyway has been successful in the simultaneous achievement of initial objectives for tundra swan hunting opportunity and trumpeter swan population restoration. The white paper provides justification for the Pacific Flyway Council's proposed changes to the swan season framework, particularly the increase in trumpeter swan quotas to rebalance tradeoffs between potentially conflicting swan management objectives. The white paper is available at
https://www.fws.gov/birds/surveys-and-data/reports-and-publications.php
.

Regarding the Pacific Flyway Council's recommendations, we agree with the recommendations for opening and closing dates, season length, and youth waterfowl hunting days. These are all adjustments to realign the swan season framework in the Pacific Flyway with changes to the general duck and goose season frameworks that have occurred since 1995, when the swan season framework was established. This will allow States to simplify their waterfowl seasons by having one season for ducks, geese, and swans, and allow youth hunters with a swan hunting permit to hunt swans during the Federal youth waterfowl hunting days. Broadening the opening and closing dates, extending the season length, and allowing take of swans during the two youth waterfowl hunting days may increase swan harvest, but not in significant numbers because few swans are available to hunters outside of the swan winter migration period. Most tundra and trumpeter swans migrate through Montana, Nevada, and Utah from mid-October through the end of November. Also, there is additional harvest opportunity for tundra swans because the population is currently more than two times the Council's population objective. Despite these liberalizations, adequate protection still exists for trumpeter swans because trumpeter swan harvest is capped at the quota for each State regardless of season length, and the swan season ends in a State upon reaching the trumpeter swan quota in that State.

We also agree with the Council's recommendation to remove State requirements to monitor and report on swan abundance within designated hunting areas. This does not affect the requirement that each State that allows swan hunting must evaluate hunter participation, species-specific swan harvest, and hunter compliance in complying with State hunter participation and harvest monitoring programs. Each State has monitored swan abundance during the swan hunting season since about 1995. However, the monitoring that has been done is limited to counts of swans with no distinction between tundra and trumpeter swans, and therefore has limited usefulness for informing us about swan population status. Further, swan migration routes and timing of swan migration through each State are now well established, and both tundra swan and trumpeter swan populations are monitored via cooperative State-Federal surveys, which are better tools for assessing swan population status than the aforementioned surveys.

We agree with the Council's recommendation to increase the trumpeter swan quotas from 5 to 10 in Nevada and from 10 to 20 in Utah. The swan hunting season must close in a State upon reaching the trumpeter swan quota in that State regardless of the scheduled season closing date. The quotas (5 and 10 swans) have not been reached in any year since swan hunting was initiated in 1995, except that in Nevada in 2017, the 5-swan quota was reached on the last day of the swan season. Trumpeter swans have increased in abundance since 1995; however, the number allowed to be taken has not increased. The possibility

of an early swan-season closure has increased with trumpeter swan abundance increasing at a higher rate than tundra swan abundance. The most recent abundance estimates indicate RMP trumpeter swans have increased 644 percent (1,820 to 11,721 white swans) since 1995, and the U.S. breeding segment has increased 241 percent (427 to 1,029 total swans). Tundra swans have increased 126 percent (120,528 to 152,099) since 1995. The increased quotas in Nevada and Utah are commensurate with the change in trumpeter swan population status since the quotas were negotiated in 1995 and 2000 (
i.e.,
increased 200 percent). Also, these increases are consistent with an assessment of the harvest potential of RMP trumpeter swans and U.S. breeding segment based on their observed growth rates and a conservative recovery factor of 0.5 considering that trumpeter swans are of management concern but neither endangered nor threatened (see the swan hunting white paper (Gower
et al.
2018) for more assessment details). Using a conservative maximum allowable take estimate of trumpeter swans in Utah and Nevada of 30 swans combined and accounting for population segment composition (6.1 percent U.S. breeding), the expected harvest of trumpeter swans from the U.S. breeding segment, which is of greater concern than the Canada breeding segment, should not exceed about 2 swans (30 × 0.061), or about 0.2 percent (2 of 1,029 total swans) of the population segment annually.

We also agree with the Council's recommendation to increase the number of hunting permits from 2,000 to 2,750 in Utah. Swan harvest will likely increase with the increase in the number of swan hunting permits, but is expected to be within allowable limits and consistent with the Council's swan management objectives. Tundra swans are currently more than 2 times the Council's population objective, and trumpeter swan harvest is capped at the quota for each State. Since 2000, when about 2,000 swan hunting permits were issued per year, the average estimated harvest was 734 swans. Thus, increasing the number of hunting permits by 750 is estimated to increase the average harvest by 275 swans (to about 1,009 swans in total). Utah issued 2,750 permits during 1995-2000, and at that time the average tundra swan harvest was 1,444 swans per year. The number of permits was reduced in 2000, to reduce the probability of trumpeter swan harvest. The harvest of trumpeter swans is limited to a sustainable quota. However, the average trumpeter swan harvest in Utah since 2000 has been 2.1 swans per year, well below the quota. We estimate that increasing the tundra swan permits by 750 will result in less than 1 additional trumpeter swan harvested per year on average. Thus, the average trumpeter swan harvest per year is expected to remain well below Utah's trumpeter swan quota.

We also agree with the Council's recommendation to increase the hunting area in Utah. This involves a small change to help clarify the hunting area boundary through the Bear River National Wildlife Refuge and adjacent private lands currently along property or imaginary lines that are not marked by roads or other well-defined geographic features or landmarks. This segment of the hunting area boundary will be moved to the nearest road, which is north to State Route 83. The new boundary will be more identifiable for hunters and law enforcement. The additional area included in the hunting area boundary is 124 square miles and represents an increase of 1.75 percent of the current hunting area. The additional area is comprised of agriculture lands, wetlands, and urban areas; approximately 30 percent is swan habitat. The swan hunting boundary will continue to exclude areas where trumpeter swans have been consistently observed for the last 5 years in Utah (northern Box Elder County, Cache County, Rich County, and Daggett County).

Finally, we recognize that there are a number of changes that could cumulatively increase trumpeter swan harvest, but we do not expect the harvest to exceed the quotas established in Utah and Nevada. Tundra and trumpeter swan populations will continue to be monitored via cooperative Federal-State surveys, and States offering a swan season will continue to be required to carefully monitor swan hunter participation and species-specific swan harvest.

Thus, the Service and States are committed to monitoring population abundance and harvest, and any increase in trumpeter swan harvest or decrease in swan abundance of concern will be reviewed and adjustments made accordingly.

9. Sandhill Cranes

Council Recommendations:
The Mississippi Flyway Council recommended that Alabama be allowed a 3-year experimental sandhill crane hunting season beginning in 2019, consistent with the guidelines in the Eastern Population of Sandhill Cranes Management Plan (EP Plan). The experimental season would include up to 60 days and 1,200 harvest tags.

The Central Flyway Council recommended an expansion of the areas open to Mid-continent Population sandhill crane hunting in South Dakota.

The Central and Pacific Flyway Councils recommended the establishment of a new hunting area for Rocky Mountain Population (RMP) sandhill cranes in Arizona beginning with the 2019-20 season, and that allowable harvest of RMP cranes be determined based on the formula described in the Pacific and Central Flyway Management Plan for RMP cranes.

Service Response:
We agree with the Mississippi Flyway Council's recommendation to establish an experimental season in Alabama. A management plan for the Eastern Population of sandhill cranes was approved by the Atlantic and Mississippi Flyway Councils in 2010. The plan contained provisions and guidelines for establishing hunting seasons in the Mississippi and Atlantic Flyway States if the fall population was above a minimum threshold of 30,000 cranes. The management plan also set an overall harvest objective of no more than 10 percent of the 5-year average peak population estimate for each State. Alabama's 5-year average peak population count is 14,104 cranes, setting the State's maximum allowable harvest under the plan at 1,410 birds. Alabama's proposal for an experimental season of 1,200 tags meets this provision. Further, Alabama's experimental season would limit the number of crane hunters to 400 (with each getting 3 harvest tags).

The Council further notes that the management plan has the following thresholds for permit allocation among the States:

• When the 3-year fall survey average is ≥30,000, maximum permit allocation will be 10 percent of the 3-year fall survey average; and

• When the 3-year fall survey average is >60,000, the maximum permit allocation will be 12 percent of the 3-year fall survey average.

The latest fall survey 3-year average of the Eastern Population of sandhill cranes is 91,250 cranes, which would allow a maximum harvest of up to 10,950 cranes under the current management plan. Currently, only Kentucky, Tennessee, and now Alabama have seasons for Eastern Population sandhill cranes. Including this new proposal for Alabama, the combined number of harvest permits in all three States would allow the take of 5,424 cranes, well below the maximum

allowable harvest. Thus, we support the creation and implementation of an experimental crane season in Alabama. As with all experimental seasons, we will implement a memorandum of agreement with Alabama to cover the experimental period, which will describe each entities' responsibilities during the experiment.

The Service agrees with the Central Flyway Council's proposal to modify the eastern boundary for Mid-continent Population sandhill crane hunting in South Dakota. Information suggests few hunters will take advantage of this change, and any increase in harvest will be small.

We also agree with the recommendations to create a new hunting area for RMP cranes in Arizona. The new hunting area is consistent with the hunting area requirements in the Pacific and Central Flyway Council's RMP crane management plan.

Regarding RMP crane harvest, as we discussed in the March 28, 2016, final rule (81 FR 17302), the current harvest strategy used to calculate the allowable harvest of RMP cranes does not fit well within the new regulatory process, similar to the brant issue discussed above under 6. Brant. Results of the fall abundance and recruitment surveys of RMP cranes, which are used in the calculation of the annual allowable harvest, will continue to be released between December 1 and January 31 each year, which is after the date proposed frameworks are formulated in the new regulatory process. If we were to propose regulations at this point in time, data 2 to 4 years old would be used to determine the annual allowable harvest and State harvest allocations for RMP cranes. We agree that relying on data that are 2 to 4 years old is not ideal due to the variability in fall abundance and recruitment for this population, and the significance of these data in determining the annual harvest allocations. Thus, we agree that the formula to determine the annual allowable harvest for RMP cranes published in the March 28, 2016, final rule should be used under the new regulatory schedule.

The 2018 fall RMP sandhill crane abundance estimate was 21,801 cranes, resulting in a 3-year (2016-18) average of 21,219 cranes, about 850 birds less than the previous 3-year average, which was 22,062 cranes. The RMP crane recruitment estimate was 7.90 percent young in the fall population, resulting in a 3-year (2016-18) average of 8.22 percent, a decrease from the previous 3-year average, which was 9.37 percent. Using the above formula and the above most recent 3-year average abundance and recruitment estimates, the allowable harvest for the 2019-20 season is 1,628 cranes.

14. Woodcock

Council Recommendations:
The Atlantic, Mississippi, and Central Flyway Councils recommended use of the “moderate” season framework for the 2019-20 season.

The Mississippi Flyway Council recommended that the framework opening date for the Central Management Region be changed from the Saturday nearest September 22 to a fixed date of September 13.

Service Response:
In 2011, we implemented a harvest strategy for woodcock (76 FR 19876; April 8, 2011). The harvest strategy provides a transparent framework for making regulatory decisions for woodcock season length and bag limits while we work to improve monitoring and assessment protocols for this species. Utilizing the criteria developed for the strategy, the 3-year average for the Singing Ground Survey indices and associated confidence intervals fall within the “moderate package” for both the Eastern and Central Management Regions. As such, a “moderate season” for both management regions for the 2019-20 season is appropriate.

We do not support the Mississippi Flyway Council's recommendation to change the woodcock opening framework date to September 13. As we stated earlier this year regarding the recommendation to change the woodcock harvest threshold for the liberal regulatory alternative and framework dates, we recommend that the Woodcock Harvest Strategy Working Group be reconvened to discuss and evaluate any proposed changes to the American Woodcock harvest strategy. We understand that this group has already met and started this work.

16. Doves

Council Recommendations:
The Atlantic and Mississippi Flyway Councils recommended use of the “standard” season framework comprised of a 90-day season and 15-bird daily bag limit for States within the Eastern Management Unit. The daily bag limit could be composed of mourning doves and white-winged doves, singly or in combination.

The Mississippi and Central Flyway Councils recommended the use of the “standard” season package of a 90-day season and 15-bird daily bag limit for States within the Central Management Unit.

The Pacific Flyway Council recommended use of the “standard” season framework with a 60-day season and 15-bird daily bag limit for States in the Western Management Unit.

Service Response:
Based on the harvest strategies and current population status, we agree with the recommended selection of the “standard” season frameworks for doves in the Eastern, Central, and Western Management Units for the 2019-20 season.

Required Determinations

Executive Order 13771—Reducing Regulation and Controlling Regulatory Costs

This action is not subject to the requirements of Executive Order (E.O.) 13771 (82 FR 9339, February 3, 2017) because it establishes annual harvest limits related to routine hunting or fishing.

National Environmental Policy Act (NEPA) Consideration

The programmatic document, “Second Final Supplemental Environmental Impact Statement: Issuance of Annual Regulations Permitting the Sport Hunting of Migratory Birds (EIS 20130139),” filed with the Environmental Protection Agency (EPA) on May 24, 2013, addresses NEPA compliance by the Service for issuance of the annual framework regulations for hunting of migratory game bird species. We published a notice of availability in the
Federal Register
on May 31, 2013 (78 FR 32686), and our Record of Decision on July 26, 2013 (78 FR 45376). We also address NEPA compliance for waterfowl hunting frameworks through the annual preparation of separate environmental assessments, the most recent being “Duck Hunting Regulations for 2019-20,” with its corresponding June 2019, finding of no significant impact. The programmatic document, as well as the separate environmental assessment, is available on our website at
https://www.fws.gov/birds/index.php,
or from the address indicated under the caption
FOR FURTHER INFORMATION CONTACT
.

Endangered Species Act Consideration

Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531
et seq.
), provides that the Secretary shall insure that any action authorized, funded, or carried out is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of critical habitat. Consequently, we conducted formal consultations to ensure that actions resulting from these regulations would not likely jeopardize the continued

existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitat. Findings from these consultations are included in a biological opinion, which concluded that the regulations are not likely to jeopardize the continued existence of any endangered or threatened species. Additionally, these findings may have caused modification of some regulatory measures previously proposed, and the final frameworks reflect any such modifications. Our biological opinions resulting from this section 7 consultation are public documents available for public inspection at the address indicated under
ADDRESSES
.

Regulatory Planning and Review (Executive Orders 12866 and 13563)

E.O. 12866 provides that the Office of Information and Regulatory Affairs (OIRA) will review all significant rules. OIRA has reviewed this rule and has determined that this rule is significant because it will have an annual effect of $100 million or more on the economy.

E.O. 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements.

An economic analysis was prepared for the 2019-20 season. This analysis was based on data from the 2011 National Hunting and Fishing Survey, the most recent year for which data are available (see discussion under Regulatory Flexibility Act, below). This analysis estimated consumer surplus for three alternatives for duck hunting (estimates for other species are not quantified due to lack of data). The alternatives are (1) issue restrictive regulations allowing fewer days than those issued during the 2018-19 season, (2) issue moderate regulations allowing more days than those in alternative 1, and (3) issue liberal regulations identical to the regulations in the 2018-19 season. For the 2019-20 season, we chose Alternative 3, with an estimated consumer surplus across all flyways of $334-$440 million with a mid-point estimate of $387 million. We also chose alternative 3 for the 2009-10 through 2018-19 seasons. The 2019-20 analysis is part of the record for this rule and is available at
http://www.regulations.gov
at Docket No. FWS-HQ-MB-2018-0030.

Regulatory Flexibility Act

The annual migratory bird hunting regulations have a significant economic impact on substantial numbers of small entities under the Regulatory Flexibility Act (5 U.S.C. 601
et seq.
). We analyzed the economic impacts of the annual hunting regulations on small business entities in detail as part of the 1981 cost-benefit analysis. This analysis was revised annually from 1990 through 1995. In 1995, the Service issued a Small Entity Flexibility Analysis (Analysis), which was subsequently updated in 1996, 1998, 2004, 2008, 2013, 2018, and 2019. The primary source of information about hunter expenditures for migratory game bird hunting is the National Hunting and Fishing Survey, which is generally conducted at 5-year intervals. The 2019 Analysis is based on the 2011 National Hunting and Fishing Survey and the U.S. Department of Commerce's County Business Patterns, from which it was estimated that migratory bird hunters would spend approximately $1.5 billion at small businesses in 2019. Copies of the analysis are available upon request from the Division of Migratory Bird Management (see
FOR FURTHER INFORMATION CONTACT
) or from
http://www.regulations.gov
at Docket No. FWS-HQ-MB-2018-0030.

Small Business Regulatory Enforcement Fairness Act

This final rule is a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. For the reasons outlined above, this rule will have an annual effect on the economy of $100 million or more. However, because this rule establishes frameworks for hunting seasons, we do not plan to defer the effective date under the exemption contained in 5 U.S.C. 808(1).

Paperwork Reduction Act

This rule does not contain any new collection of information that requires approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.
). OMB has previously approved the information collection requirements associated with migratory bird surveys and the procedures for establishing annual migratory bird hunting seasons under the following OMB control numbers:

• 1018-0019, “North American Woodcock Singing Ground Survey” (expires 6/30/2021).

• 1018-0023, “Migratory Bird Surveys, 50 CFR 20.20” (expires 8/31/2020). Includes Migratory Bird Harvest Information Program, Migratory Bird Hunter Surveys, Sandhill Crane Survey, and Parts Collection Survey.

• 1018-0171, “Establishment of Annual Migratory Bird Hunting Seasons, 50 CFR part 20” (expires 06/30/2021).

You may view the information collection request(s) at
http://www.reginfo.gov/public/do/PRAMain.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

Unfunded Mandates Reform Act

We have determined and certify, in compliance with the requirements of the Unfunded Mandates Reform Act, 2 U.S.C. 1502
et seq.,
that this rulemaking will not impose a cost of $100 million or more in any given year on local or State government or private entities. Therefore, this rule is not a “significant regulatory action” under the Unfunded Mandates Reform Act.

Civil Justice Reform—Executive Order 12988

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

Takings Implication Assessment

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

Energy Effects—Executive Order 13211

E.O. 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. While this rule is a significant regulatory action under E.O. 12866, it is not expected to adversely affect energy supplies, distribution, or use. Therefore,

this action is not a significant energy action and no Statement of Energy Effects is required.

Government-to-Government Relationship With Tribes

In accordance with the President's memorandum of April 29, 1994, “Government-to-Government Relations with Native American Tribal Governments” (59 FR 22951), E.O. 13175, and 512 DM 2, we have evaluated possible effects on Federally recognized Indian tribes and have determined that there are no effects on Indian trust resources. We have consulted with Tribes affected by this rule.

Federalism Effects

Due to the migratory nature of certain species of birds, the Federal Government has been given responsibility over these species by the Migratory Bird Treaty Act. We annually prescribe frameworks from which the States make selections regarding the hunting of migratory birds, and we employ guidelines to establish special regulations on Federal Indian reservations and ceded lands. This process preserves the ability of the States and tribes to determine which seasons meet their individual needs. Any State or Indian tribe may be more restrictive than the Federal frameworks at any time. The frameworks are developed in a cooperative process with the States and the Flyway Councils. This process allows States to participate in the development of frameworks from which they will make selections, thereby having an influence on their own regulations. These rules do not have a substantial direct effect on fiscal capacity, change the roles or responsibilities of Federal or State governments, or intrude on State policy or administration. Therefore, in accordance with E.O. 13132, these regulations do not have significant federalism effects and do not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.

Regulations Promulgation

The rulemaking process for migratory game bird hunting, by its nature, operates under a time constraint as seasons must be established each year or hunting seasons remain closed. However, we intend that the public be provided extensive opportunity for public input and involvement in compliance with Administrative Procedure Act requirements. Thus, when the preliminary proposed rulemaking was published, we established what we concluded were the longest periods possible for public comment and the most opportunities for public involvement. We also provided notification of our participation in multiple Flyway Council meetings, opportunities for additional public review and comment on all Flyway Council proposals for regulatory change, and opportunities for additional public review during the SRC meeting. Therefore, sufficient public notice and opportunity for involvement have been given to affected persons regarding the migratory bird hunting frameworks for the 2019-20 hunting seasons. Further, after establishment of the final frameworks, States need sufficient time to conduct their own public processes to select season dates and limits; to communicate those selections to us; and to establish and publicize the necessary regulations and procedures to implement their decisions. Thus, if there were a delay in the effective date of these regulations after this final rulemaking, States might not be able to meet their own administrative needs and requirements.

For the reasons cited above, we find that “good cause” exists, within the terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and these frameworks will take effect immediately upon publication.

Therefore, under authority of the Migratory Bird Treaty Act (July 3, 1918), as amended (16 U.S.C. 703-711), we prescribe final frameworks setting forth the species to be hunted, the daily bag and possession limits, the shooting hours, the season lengths, the earliest opening and latest closing season dates, and hunting areas, from which State conservation agency officials will select hunting season dates and other options. Upon receipt of season selections from these officials, we will publish a final rulemaking amending 50 CFR part 20 to reflect seasons, limits, and shooting hours for the United States for the 2019-20 seasons. The rules that eventually will be promulgated for the 2019-20 hunting season are authorized under 16 U.S.C. 703-712 and 742a-j.

List of Subjects in 50 CFR Part 20

Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife.

Dated: July 1, 2019.
Karen Budd-Falen,
Deputy Solicitor for Parks and Wildlife, Exercising the Authority of the Assistant Secretary for Fish and Wildlife and Parks.

Final Regulations Frameworks for 2019-20 Hunting Seasons on Certain Migratory Game Birds

Pursuant to the Migratory Bird Treaty Act and delegated authorities, the Department of the Interior approved the following frameworks for season lengths, shooting hours, bag and possession limits, and outside dates within which States may select seasons for hunting migratory game birds between the dates of September 1, 2019, and March 10, 2020. These frameworks are summarized below.

General

Dates:
All outside dates noted below are inclusive.

Shooting and Hawking (taking by falconry) Hours:
Unless otherwise specified, from one-half hour before sunrise to sunset daily.

Possession Limits:
Unless otherwise specified, possession limits are three times the daily bag limit.

Permits:
For some species of migratory birds, the Service authorizes the use of permits to regulate harvest or monitor their take by hunters, or both. In these cases, the Service determines the amount of harvest that may be taken during hunting seasons during its formal regulations-setting process, and the States then issue permits to hunters at levels predicted to result in the amount of take authorized by the Service. Thus, although issued by States, the permits would not be valid unless the Service approved such take in its regulations.

These Federally authorized, State-issued permits are issued to individuals, and only the individual whose name and address appears on the permit at the time of issuance is authorized to take migratory birds at levels specified in the permit, in accordance with provisions of both Federal and State regulations governing the hunting season. The permit must be carried by the permittee when exercising its provisions and must be presented to any law enforcement officer upon request. The permit is not transferrable or assignable to another individual, and may not be sold, bartered, traded, or otherwise provided to another person. If the permit is altered or defaced in any way, the permit becomes invalid.

Flyways and Management Units

Waterfowl Flyways

Atlantic Flyway:
Includes Connecticut, Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and West Virginia.

Mississippi Flyway:
Includes Alabama, Arkansas, Illinois, Indiana, Iowa, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Ohio, Tennessee, and Wisconsin.

Central Flyway:
Includes Colorado (east of the Continental Divide), Kansas, Montana (Counties of Blaine, Carbon, Fergus, Judith Basin, Stillwater, Sweetgrass, Wheatland, and all counties east thereof), Nebraska, New Mexico (east of the Continental Divide except the Jicarilla Apache Indian Reservation), North Dakota, Oklahoma, South Dakota, Texas, and Wyoming (east of the Continental Divide).

Pacific Flyway:
Includes Alaska, Arizona, California, Idaho, Nevada, Oregon, Utah, Washington, and those portions of Colorado, Montana, New Mexico, and Wyoming not included in the Central Flyway.

Duck Management Units

High Plains Mallard Management Unit:
Roughly defined as that portion of the Central Flyway that lies west of the 100th meridian. See Area, Unit, and Zone Descriptions,
Ducks (Including Mergansers) and Coots
for specific boundaries in each State.

Columbia Basin Mallard Management Unit:
In Washington, all areas east of the Pacific Crest Trail and east of the Big White Salmon River in Klickitat County; and in Oregon, the counties of Gilliam, Morrow, and Umatilla.

Mourning Dove Management Units

Eastern Management Unit:
All States east of the Mississippi River, and Louisiana.

Central Management Unit:
Arkansas, Colorado, Iowa, Kansas, Minnesota, Missouri, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota, Texas, and Wyoming.

Western Management Unit:
Arizona, California, Idaho, Nevada, Oregon, Utah, and Washington.

Woodcock Management Regions

Eastern Management Region:
Connecticut, Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and West Virginia.

Central Management Region:
Alabama, Arkansas, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, and Wisconsin.

Other geographic descriptions are contained in a later portion of this document.

Definitions

For the purpose of the hunting regulations listed below, the collective terms “dark” and “light” geese include the following species:

Dark geese:
Canada geese (including cackling geese [
Branta hutchinsii
]), white-fronted geese, brant (except in Alaska, California, Oregon, Washington, and the Atlantic Flyway), and all other goose species except light geese.

Light geese:
Snow (including blue) geese and Ross's geese.

Area, Zone, and Unit Descriptions:
Geographic descriptions related to regulations 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.

Migratory Game Bird Seasons in the Atlantic Flyway

In the Atlantic Flyway States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Jersey, North Carolina, and Pennsylvania, where Sunday hunting is prohibited Statewide by State law, all Sundays are closed to the take of all migratory game birds.

Special Youth, Veteran, and Active Military Personnel Waterfowl Hunting Days

Outside Dates:
States may select 2 days per duck-hunting zone, designated as “Youth Waterfowl Hunting Days,” and 2 days per duck-hunting zone, designated as “Veterans and Active Military Personnel Waterfowl Hunting Days,” in addition to their regular duck seasons. The days may be held concurrently. The Youth Waterfowl Hunting Days must be held outside any regular duck season on weekends, holidays, or other non-school days when youth hunters would have the maximum opportunity to participate. Both sets of days may be held up to 14 days before or after any regular duck-season frameworks or within any split of a regular duck season, or within any other open season on migratory birds.

Daily Bag Limits:
The daily bag limits may include ducks, geese, swans, mergansers, coots, moorhens, and gallinules and would be the same as those allowed in the regular season. Flyway species and area restrictions would remain in effect.

Shooting Hours:
One-half hour before sunrise to sunset.

Participation Restrictions for Youth Waterfowl Hunting Days:
States may use their established definition of age for youth hunters. However, youth hunters must be under the age of 18. In addition, an adult at least 18 years of age must accompany the youth hunter into the field. This adult may not duck hunt but may participate in other seasons that are open on the special youth day. Youth hunters 16 years of age and older must possess a Federal Migratory Bird Hunting and Conservation Stamp (also known as Federal Duck Stamp). Swans may only be taken by participants possessing applicable swan permits.

Participation Restrictions for Veterans and Active Military Personnel Waterfowl Hunting Days:
Veterans (as defined in section 101 of title 38, United States Code) and members of the Armed Forces on active duty, including members of the National Guard and Reserves on active duty (other than for training), may participate. All hunters must possess a Federal Migratory Bird Hunting and Conservation Stamp (also known as Federal Duck Stamp). Swans may only be taken by participants possessing applicable swan permits.

Special September Teal Season

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

Atlantic Flyway:
Delaware, Florida, Georgia, Maryland, North Carolina, South Carolina, and Virginia.

Mississippi Flyway:
Alabama, Arkansas, Illinois, Indiana, Iowa, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Ohio, Tennessee, and Wisconsin.

Central Flyway:
Colorado (part), Kansas, Nebraska, New Mexico (part), Oklahoma, and Texas.

Hunting Seasons and Daily Bag Limits:
Not to exceed 16 consecutive hunting days in the Atlantic, Mississippi, and Central Flyways. The daily bag limit is 6 teal.

Shooting Hours

Atlantic Flyway:
One-half hour before sunrise to sunset, except in South Carolina, where the hours are from sunrise to sunset.

Mississippi and Central Flyways:
One-half hour before sunrise to sunset, except in the States of Arkansas, Illinois, Indiana, Iowa, Michigan,

Minnesota, Missouri, Ohio, and Wisconsin, where the hours are from sunrise to sunset.

Special September Duck Seasons

Florida, Kentucky, and Tennessee:
In lieu of a special September teal season, a 5-consecutive-day teal/wood duck season may be selected in September. The daily bag limit may not exceed 6 teal and wood ducks in the aggregate, of which no more than 2 may be wood ducks. In addition, a 4-consecutive-day teal-only season may be selected in September either immediately before or immediately after the 5-consecutive-day teal/wood duck season. The daily bag limit is 6 teal. The teal-only season in Florida is experimental.

Waterfowl

Atlantic Flyway

Ducks, Mergansers, and Coots

Outside Dates:
Between the Saturday nearest September 24 (September 21) and January 31.

Hunting Seasons and Duck Limits:
60 days. The daily bag limit is 6 ducks, including no more than 2 mallards (no more than 1 of which can be female), 2 black ducks, 1 pintail, 1 mottled duck, 1 fulvous whistling duck, 3 wood ducks, 2 redheads, 2 scaup, 2 canvasbacks, 4 scoters, 4 eiders, and 4 long-tailed ducks.

Closures:
The season on harlequin ducks is closed.

Merganser Limits:
The daily bag limit of mergansers is 5, only 2 of which may be hooded mergansers. In States that include mergansers in the duck bag limit, the daily limit is the same as the duck bag limit, only 2 of which may be hooded mergansers.

Coot Limits:
The daily bag limit is 15 coots.

Lake Champlain Zone, New York:
The waterfowl seasons, limits, and shooting hours should be the same as those selected for the Lake Champlain Zone of Vermont.

Connecticut River Zone, Vermont:
The waterfowl seasons, limits, and shooting hours should be the same as those selected for the Inland Zone of New Hampshire.

Zoning and Split Seasons:
Delaware, Florida, Georgia, Maryland, North Carolina, Rhode Island, South Carolina, Virginia, and West Virginia may split their seasons into 3 segments; Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, and Vermont may select hunting seasons by zones and may split their seasons into two segments in each zone.

Scoters, Eiders, and Long-Tailed Ducks

Special Sea Duck Seasons

Connecticut, Delaware, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Rhode Island, South Carolina, and Virginia may select a Special Sea Duck Season in designated Special Sea Duck Areas. If a Special Sea Duck Season is selected, scoters, eiders, and long-tailed ducks may be taken in the designated Special Sea Duck Area(s) only during the Special Sea Duck Season dates; scoters, eiders, and long-tailed ducks may be taken outside of Special Sea Duck Area(s) during the regular duck season, in accordance with the frameworks for ducks, mergansers, and coots specified above.

Outside Dates:
Between September 15 and January 31.

Special Sea Duck Seasons and Daily Bag Limits:
60 consecutive hunting days, or 60 days that are concurrent with the regular duck season, with a daily bag limit of 5, of the listed sea duck species, including no more than 4 scoters, 4 eiders, and 4 long-tailed ducks. 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 season. In all other areas, sea ducks may be taken only during the regular open season for ducks and are part of the regular duck season daily bag (not to exceed 4 scoters, 4 eiders, and 4 long-tailed ducks) and possession limits.

Special Sea Duck 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 New Jersey, all coastal waters seaward from the International Regulations for Preventing Collisions at Sea (COLREGS) Demarcation Lines shown on National Oceanic and Atmospheric Administration (NOAA) Nautical Charts and further described in 33 CFR 80.165, 80.501, 80.502, and 80.503; in any waters of the Atlantic Ocean and in any tidal waters of any bay that are separated by at least 1 mile of open water from any shore, island, and emergent vegetation in South Carolina and Georgia; and in any waters of the Atlantic Ocean and in any tidal waters of any bay that 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.

Canada Geese

Special Early Canada Goose Seasons

A Canada goose season of up to 15 days during September 1-15 may be selected for the Eastern Unit of Maryland. Seasons not to exceed 30 days during September 1-30 may be selected for Connecticut, Florida, Georgia, New Jersey, New York (Long Island Zone only), North Carolina, Rhode Island, and South Carolina. Seasons may not exceed 25 days during September 1-25 in the remainder of the Flyway. Areas open to the hunting of Canada geese must be described, delineated, and designated as such in each State's hunting regulations.

Daily Bag Limits:
Not to exceed 15 Canada geese.

Shooting Hours:
One-half hour before sunrise to sunset, except that during any special early Canada goose season, shooting hours may extend to one-half hour after sunset if all other waterfowl seasons are closed in the specific applicable area.

Regular Canada Goose Seasons

Season Lengths, Outside Dates, and Limits:
Specific regulations for Canada geese are shown below by State. These seasons may also include white-fronted geese in an aggregate daily bag limit. Unless specified otherwise, seasons may be split into two segments.

Connecticut

North Atlantic Population (NAP) Zone:
Between October 1 and January 31, a 60-day season may be held with a 2-bird daily bag limit.

Atlantic Population (AP) Zone:
A 30-day season may be held between October 10 and February 5, with a 2-bird daily bag limit.

South Zone:
A special season may be held between January 15 and February 15, with a 5-bird daily bag limit.

Resident Population (RP) Zone:
An 80-day season may be held between October 1 and February 15, with a 5-bird daily bag limit. The season may be split into 3 segments.

Delaware

A 30-day season may be held between November 15 and February 5, with a 1-bird daily bag limit.

Florida

An 80-day season may be held between October 1 and March 10, with a 5-bird daily bag limit. The season may be split into 3 segments.

Georgia

An 80-day season may be held between October 1 and March 10, with a 5-bird daily bag limit. The season may be split into 3 segments.

Maine

North and South NAP-H Zones:
A 60-day season may be held between October 1 and January 31, with a 2-bird daily bag limit.

Coastal NAP-L Zone:
A 70-day season may be held between October 1 and February 15, with a 3-bird daily bag limit.

Maryland

RP Zone:
An 80-day season may be held between November 15 and March 10, with a 5-bird daily bag limit. The season may be split into 3 segments.

AP Zone:
A 30-day season may be held between November 15 and February 5, with a 1-bird daily bag limit.

Massachusetts

NAP Zone:
A 60-day season may be held between October 1 and January 31, with a 2-bird daily bag limit. Additionally, a special season may be held from January 15 to February 15, with a 5-bird daily bag limit.

AP Zone:
A 30-day season may be held between October 10 and February 5, with a 2-bird daily bag limit.

New Hampshire

A 60-day season may be held Statewide between October 1 and January 31 with a 2-bird daily bag limit.

New Jersey

AP Zone:
A 30-day season may be held between the fourth Saturday in October (October 26) and February 5, with a 2-bird daily bag limit.

NAP Zone:
A 60-day season may be held between October 1 and January 31, with a 2-bird daily bag limit.

Special Late Goose Season Area:
A special season may be held in designated areas of North and South New Jersey from January 15 to February 15, with a 5-bird daily bag limit.

New York

NAP Zone:
Between October 1 and January 31, a 60-day season may be held, with a 2-bird daily bag limit in the High Harvest areas; and between October 1 and February 15, a 70-day season may be held, with a 3-bird daily bag limit in the Low Harvest areas.

AP Zone:
A 30-day season may be held between the fourth Saturday in October (October 26), except in the Lake Champlain Area where the opening date is October 10, through February 5, with a 2-bird daily bag limit.

Western Long Island RP Zone:
A 107-day season may be held between the Saturday nearest September 24 (September 21) and the last day of February, with an 8-bird daily bag limit. The season may be split into 3 segments.

Rest of State RP Zone:
An 80-day season may be held between the fourth Saturday in October (October 26) and the last day of February, with a 5-bird daily bag limit. The season may be split into 3 segments.

North Carolina

RP Zone:
An 80-day season may be held between October 1 and March 10, with a 5-bird daily bag limit. The season may be split into 3 segments.

Northeast Hunt Unit:
A 14-day season may be held between the Saturday prior to December 25 (December 21) and January 31, with a 1-bird daily bag limit.

Pennsylvania

SJBP Zone:
A 78-day season may be held between the first Saturday in October (October 5) and February 15, with a 3-bird daily bag limit.

RP Zone:
An 80-day season may be held between the fourth Saturday in October (October 26) and March 10, with a 5-bird daily bag limit. The season may be split into 3 segments.

AP Zone:
A 30-day season may be held between the fourth Saturday in October (October 26) and February 5, with a 2-bird daily bag limit.

Rhode Island

A 60-day season may be held between October 1 and January 31, with a 2-bird daily bag limit. A special late season may be held in designated areas from January 15 to February 15, with a 5-bird daily bag limit.

South Carolina

In designated areas, an 80-day season may be held between October 1 and March 10, with a 5-bird daily bag limit. The season may be split into 3 segments.

Vermont

Lake Champlain Zone and Interior Zone:
A 30-day season may be held between October 10 and February 5, with a 2-bird daily bag limit.

Connecticut River Zone:
A 60-day season may be held between October 1 and January 31, with a 2-bird daily bag limit.

Virginia

SJBP Zone:
A 40-day season may be held between November 15 and January 14, with a 3-bird daily bag limit. Additionally, a special late season may be held between January 15 and February 15, with a 5-bird daily bag limit.

AP Zone:
A 30-day season may be held between November 15 and February 5, with a 1-bird daily bag limit.

RP Zone:
An 80-day season may be held between November 15 and March 10, with a 5-bird daily bag limit. The season may be split into 3 segments.

West Virginia

An 80-day season may be held between October 1 and March 10, with a 5-bird daily bag limit. The season may be split into 3 segments in each zone.

Light Geese

Season Lengths, Outside Dates, and Limits:
States may select a 107-day season between October 1 and March 10, with a 25-bird daily bag limit and no possession limit. States may split their seasons into 3 segments.

Brant

Season Lengths, Outside Dates, and Limits:
States may select a 30-day season between the Saturday nearest September 24 (September 21) and January 31, with a 2-bird daily bag limit. States may split their seasons into two segments.

Mississippi Flyway

Ducks, Mergansers, and Coots

Outside Dates:
Between the Saturday nearest September 24 (September 21) and January 31.

Hunting Seasons and Duck Limits:
The season may not exceed 60 days, with a daily bag limit of 6 ducks, including no more than 4 mallards (no more than 2 of which may be females), 1 mottled duck, 2 black ducks, 1 pintail, 3 wood ducks, 2 canvasbacks, 3 scaup, and 2 redheads.

Merganser Limits:
The daily bag limit is 5, only 2 of which may be hooded mergansers. In States that include mergansers in the duck bag limit, the daily limit is the same as the duck bag limit, only 2 of which may be hooded mergansers.

Coot Limits:
The daily bag limit is 15 coots.

Zoning and Split Seasons:
Illinois, Indiana, Iowa, Kentucky, Louisiana, Michigan, Minnesota, Missouri, Ohio, Tennessee, and Wisconsin may select hunting seasons by zones.

In Indiana, Iowa, Kentucky, Louisiana, Michigan, Minnesota, Missouri, Ohio, Tennessee, and Wisconsin, the season may be split into two segments in each zone.

In Alabama, Arkansas, and Mississippi, the season may be split into 3 segments.

Geese

Season Lengths, Outside Dates, and Limits

Canada Geese:
States may select seasons for Canada geese not to exceed 107 days with a 5-bird daily bag limit during September 1-30, and a 3-bird daily bag limit for the remainder of the season. Seasons may be held between September 1 and February 15, and may be split into 4 segments.

White-fronted Geese and Brant:
Arkansas, Illinois, Louisiana, Kentucky, Missouri, Mississippi, and Tennessee may select a season for white-fronted geese not to exceed 74 days with 3 geese daily, or 88 days with 2 geese daily, or 107 days with 1 goose daily between September 1 and February 15; Alabama, Iowa, Indiana, Michigan, Minnesota, Ohio, and Wisconsin may select a season for white-fronted geese not to exceed 107 days with 5 geese daily, in aggregate with dark geese between September 1 and February 15. States may select a season for brant not to exceed 70 days with 2 brant daily, or 107 days with 1 brant daily with outside dates the same as for Canada geese; alternately, States may include brant in an aggregate goose bag limit with either Canada geese, white-fronted geese, or dark geese.

Light Geese:
States may select seasons for light geese not to exceed 107 days, with 20 geese daily between September 1 and February 15. There is no possession limit for light geese.

Shooting Hours:
One-half hour before sunrise to sunset, except that during September 1-15 shooting hours may extend to one-half hour after sunset for Canada geese if all other waterfowl and crane seasons are closed in the specific applicable area.

Split Seasons:
Seasons for geese may be split into four segments unless otherwise indicated.

Central Flyway

Ducks, Mergansers, and Coots

Outside Dates:
Between the Saturday nearest September 24 (September 21) and January 31.

Hunting Seasons

High Plains Mallard Management Unit (roughly defined as that portion of the Central Flyway that lies west of the 100th meridian):
97 days. The last 23 days must run consecutively and may start no earlier than the Saturday nearest December 10 (December 7).

Remainder of the Central Flyway:
74 days.

Duck Limits:
The daily bag limit is 6 ducks, with species and sex restrictions as follows: 5 mallards (no more than 2 of which may be females), 3 scaup, 2 redheads, 3 wood ducks, 1 pintail, and 2 canvasbacks. In Texas, the daily bag limit on mottled ducks is 1, except that no mottled ducks may be taken during the first 5 days of the season. In addition to the daily limits listed above, the States of Montana, North Dakota, South Dakota, and Wyoming, in lieu of selecting an experimental September teal season, may include an additional daily bag and possession limit of 2 and 6 blue-winged teal, respectively, during the first 16 days of the regular duck season in each respective duck hunting zone. These extra limits are in addition to the regular duck bag and possession limits.

Merganser Limits:
The daily bag limit is 5 mergansers, only 2 of which may be hooded mergansers. In States that include mergansers in the duck daily bag limit, the daily limit may be the same as the duck bag limit, only two of which may be hooded mergansers.

Coot Limits:
The daily bag limit is 15 coots.

Zoning and Split Seasons:
Colorado, Kansas (Low Plains portion), Montana, Nebraska, New Mexico, Oklahoma (Low Plains portion), South Dakota (Low Plains portion), Texas (Low Plains portion), and Wyoming may select hunting seasons by zones.

In Colorado, Kansas, Montana, New Mexico, North Dakota, Oklahoma, South Dakota, Texas, and Wyoming, the regular season may be split into two segments.

Geese

Special Early Canada Goose Seasons:
In Kansas, Nebraska, Oklahoma, South Dakota, and Texas, Canada goose seasons of up to 30 days during September 1-30 may be selected. In Colorado, New Mexico, Montana, and Wyoming, Canada goose seasons of up to 15 days during September 1-15 may be selected. In North Dakota, Canada goose seasons of up to 22 days during September 1-22 may be selected. The daily bag limit may not exceed 5 Canada geese, except in Kansas, Nebraska, and Oklahoma, where the daily bag limit may not exceed 8 Canada geese, and in North Dakota and South Dakota, where the daily bag limit may not exceed 15 Canada geese. Areas open to the hunting of Canada geese must be described, delineated, and designated as such in each State's hunting regulations.

Shooting Hours:
One-half hour before sunrise to sunset, except that during September 1-15 shooting hours may extend to one-half hour after sunset if all other waterfowl and crane seasons are closed in the specific applicable area.

Regular Goose Seasons

Split Seasons:
Seasons for geese may be split into 3 segments. Three-way split seasons for Canada geese require Central Flyway Council and U.S. Fish and Wildlife Service approval, and a 3-year evaluation by each participating State.

Outside Dates:
For dark geese, seasons may be selected between the outside dates of the Saturday nearest September 24 (September 21) and the Sunday nearest February 15 (February 16). For light geese, outside dates for seasons may be selected between the Saturday nearest September 24 (September 21) and March 10. In the Rainwater Basin Light Goose Area (East and West) of Nebraska, temporal and spatial restrictions that are consistent with the late-winter snow goose hunting strategy cooperatively developed by the Central Flyway Council and the Service are required.

Season Lengths and Limits

Light Geese:
States may select a light goose season not to exceed 107 days. The daily bag limit for light geese is 50 with no possession limit.

Dark Geese:
In Kansas, Nebraska, North Dakota, Oklahoma, South Dakota, and the Eastern Goose Zone of Texas, States may select a season for Canada geese (or any other dark goose species except white-fronted geese) not to exceed 107 days with a daily bag limit of 8. For white-fronted geese, these States may select either a season of 74 days with a bag limit of 3, or an 88-day season with a bag limit of 2, or a season of 107 days with a bag limit of 1.

In Colorado, Montana, New Mexico, and Wyoming, States may select seasons not to exceed 107 days. The daily bag limit for dark geese is 5 in the aggregate.

In the Western Goose Zone of Texas, the season may not exceed 95 days. The daily bag limit for Canada geese (or any other dark goose species except white-fronted geese) is 5. The daily bag limit for white-fronted geese is 2.

Pacific Flyway

Ducks, Mergansers, and Coots

Outside Dates:
Between the Saturday nearest September 24 (September 21) and January 31.

Hunting Seasons and Duck and Merganser Limits:
107 days. The daily bag limit is 7 ducks and mergansers, including no more than 2 female mallards, 1 pintail, 2 canvasbacks, 3 scaup, and 2 redheads. For scaup, the season length is 86 days, which may be split according to applicable zones and split duck hunting configurations approved for each State.

Coot, Common Moorhen, and Purple Gallinule Limits:
The daily bag limit of coots, common moorhens, and purple gallinules is 25, singly or in the aggregate.

Zoning and Split Seasons:
Arizona, California, Colorado, Idaho, Nevada, Oregon, Utah, Washington, and Wyoming may select hunting seasons by zones and may split their seasons into 2 segments.

Montana and New Mexico may split their seasons into 3 segments.

Colorado River Zone, California:
Seasons and limits should be the same as seasons and limits selected in the adjacent portion of Arizona (South Zone).

Geese

Special Early Canada Goose Seasons

A Canada goose season of up to 15 days during September 1-20 may be selected. The daily bag limit may not exceed 5 Canada geese, except in Pacific County, Washington, where the daily bag limit may not exceed 15 Canada geese. 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

Season Lengths, Outside Dates, and Limits

Canada Geese and Brant:
Except as subsequently noted, 107-day seasons may be selected with outside dates between the Saturday nearest September 24 (September 21) and the last Sunday in January (January 26). In Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Wyoming, the daily bag limit is 4 Canada geese and brant in the aggregate. In California, Oregon, and Washington, the daily bag limit is 4 Canada geese. For brant, in California, Oregon and Washington, a 37-day season may be selected. Days must be consecutive. Washington and California may select hunting seasons for up to 2 zones. The daily bag limit is 2 brant and is in addition to other goose limits. In Oregon and California, the brant season must end no later than December 15.

White-fronted Geese:
Except as subsequently noted, 107-day seasons may be selected with outside dates between the Saturday nearest September 24 (September 21) and March 10. The daily bag limit is 10.

Light Geese:
Except as subsequently noted, 107-day seasons may be selected with outside dates between the Saturday nearest September 24 (September 21) and March 10. The daily bag limit is 20.

Split Seasons:
Unless otherwise specified, seasons for geese may be split into up to 3 segments. Three-way split seasons for Canada geese and white-fronted geese require Pacific Flyway Council and U.S. Fish and Wildlife Service approval and a 3-year evaluation by each participating State.

California

The daily bag limit for Canada geese is 10.

Balance of State Zone:
A Canada goose season may be selected with outside dates between the Saturday nearest September 24 (September 21) and March 10. In the Sacramento Valley Special Management Area, the season on white-fronted geese must end on or before December 28, and the daily bag limit is 3 white-fronted geese. In the North Coast Special Management Area, hunting days that occur after the last Sunday in January (January 26) should be concurrent with Oregon's South Coast Zone.

Northeastern Zone:
The white-fronted goose season may be split into 3 segments.

Oregon

The daily bag limit for light geese is 6 on or before the last Sunday in January (January 26).

Harney and Lake County Zone:
For Lake County only, the daily white-fronted goose bag limit is 1.

Northwest Permit Zone:
A Canada goose season may be selected with outside dates between the Saturday nearest September 24 (September 21) and March 10. Goose seasons may be split into 3 segments. The daily bag limits of Canada geese and light geese are 6 each. In the Tillamook County Management Area, the hunting season is closed on geese.

South Coast Zone:
A Canada goose season may be selected with outside dates between the Saturday nearest September 24 (September 21) and March 10. The daily bag limit of Canada geese is 6. Hunting days that occur after the last Sunday in January (January 26) should be concurrent with California's North Coast Special Management Area. Goose seasons may be split into 3 segments.

Utah

A Canada goose and brant season may be selected in the Wasatch Front Zone with outside dates between the Saturday nearest September 24 (September 21) and the first Sunday in February (February 2).

Washington

The daily bag limit for light geese is 6.

Areas 2 Inland and 2 Coastal (Southwest Permit Zone):
A Canada goose season may be selected with outside dates between the Saturday nearest September 24 (September 21) and March 10. Goose seasons may be split into 3 segments.

Area 4:
Goose seasons may be split into 3 segments.

Permit Zones

In Oregon and Washington permit zones, the hunting season is closed on dusky Canada geese. A dusky Canada goose is any dark-breasted Canada goose (Munsell 10 YR color value 5 or less) with a bill length between 40 and 50 millimeters. Hunting of geese will only be by hunters possessing a State-issued permit authorizing them to do so. Shooting hours for geese may begin no earlier than sunrise. Regular Canada goose seasons in the permit zones of Oregon and Washington remain subject to the Memorandum of Understanding entered into with the Service regarding monitoring the impacts of take during the regular Canada goose season on the dusky Canada goose population.

Swans

In portions of the Pacific Flyway (Montana, Nevada, and Utah), an open season for taking a limited number of swans may be selected. These seasons are also subject to the following conditions:

Outside Dates:
Between the Saturday nearest September 24 (September 21) and January 31.

Hunting Seasons:
Seasons may not exceed 107 days.

Permits:
Swan hunting is by permit only. Permits will be issued by the State and will authorize each permittee to take no more than 1 swan per season with each permit. Only 1 permit may be issued per hunter in Montana and Utah, 2 permits may be issued per hunter in Nevada. The total number of permits issued may not exceed 500 in Montana, 2,750 in Utah, and 650 in Nevada.

Quotas:
The swan season in the respective State must end upon attainment of the following reported harvest of trumpeter swans: 20 in Utah and 10 in Nevada. There is no quota in Montana.

Monitoring:
Each State must evaluate hunter participation, species-specific swan harvest, and hunter compliance in providing either species-determinant parts (at least the intact head) or bill measurements (bill length from tip to posterior edge of the nares opening, and presence or absence of yellow lore spots on the bill in front of the eyes) of harvested swans for species identification. Each State should use

appropriate measures to maximize hunter compliance with the State's program for swan harvest reporting. Each State must achieve a hunter compliance of at least 80 percent in providing species-determinant parts or bill measurements of harvested swans for species identification or subsequent permits will be reduced by 10 percent in the respective State. Each State must provide to the Service by June 30 following the swan season a report detailing hunter participation, species-specific swan harvest, and hunter compliance in reporting harvest. In Montana, all hunters that harvest a swan must complete and submit a reporting card (bill card) with the bill measurement and color information from the harvested swan within 72 hours of harvest for species determination. In Utah and Nevada, all hunters that harvest a swan must have the swan or species-determinant parts examined by a State or Federal biologist within 72 hours of harvest for species determination.

Other Provisions:
In Utah, the season is subject to the terms of the Memorandum of Agreement entered into with the Service in July 2019, regarding harvest monitoring, season closure procedures, and education requirements to minimize take of trumpeter swans during the swan season.

Tundra Swans

In portions of the Atlantic Flyway (Delaware, North Carolina, and Virginia) and the Central Flyway (North Dakota, South Dakota [east of the Missouri River], and that portion of Montana in the Central Flyway), an open season for taking a limited number of tundra swans may be selected. Permits will be issued by the States that authorize the take of no more than 1 tundra swan per permit. A second permit may be issued to hunters from unused permits remaining after the first drawing. The States must obtain harvest and hunter participation data. These seasons are also subject to the following conditions:

In the Atlantic Flyway

—The season may be 90 days, between October 1 and January 31.

—In Delaware, no more than 84 permits may be issued. The season is experimental.

—In North Carolina, no more than 6,115 permits may be issued.

—In Virgi

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2019-17561. Public record. Not legal advice.
