Migratory Bird Hunting; Final 2020-21 Frameworks for Migratory Bird Hunting Regulations

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[Docket No. FWS-HQ-MB-2019-0004; FF09M21200-201-FXMB1231099BPP0]

RIN 1018-BD89

Migratory Bird Hunting; Final 2020-21 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 2020-21 migratory bird hunting seasons. 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 harvest at levels compatible with migratory game bird population status and habitat conditions. Migratory game bird hunting seasons provide opportunities for recreation and sustenance, and aid Federal, State, and Tribal governments in the management of migratory game birds.

DATES:

This rule takes effect on August 21, 2020.

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 at

http://www.regulations.gov

at Docket No. FWS-HQ-MB-2019-0004. 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-2019-0004.

FOR FURTHER INFORMATION CONTACT:

Jerome Ford, U.S. Fish and Wildlife Service, Department of the Interior, (202) 208-1050.

SUPPLEMENTARY INFORMATION:

Process for Establishing Annual Migratory Game Bird Hunting Regulations

As part of the Department of the Interior's 2015 retrospective regulatory review, we changed our process for developing migratory game bird hunting regulations with the goal of enabling the State agencies to select and publish their season dates earlier than was allowed under the prior process. We provided a detailed overview of this process in the August 3, 2017,

Federal Register

(82 FR 36308). This final rule is the third in a series of proposed and final rules that establish regulations for the 2020-21 migratory bird hunting season.

Regulations Schedule for 2020

On October 15, 2019, we published in the

Federal Register

(84 FR 55120) a proposal to amend title 50 of the Code of Federal Regulations (CFR) at part 20. The proposal provided a background and overview of the migratory bird hunting regulations process, and addressed the establishment of seasons, limits, and other regulations for hunting migratory game birds under §§ 20.101 through 20.107, 20.109, and 20.110 of subpart K. Major steps in the 2020-21 regulatory cycle relating to open public meetings and

Federal Register

notifications were illustrated in the diagram at the end of the October 15, 2019, proposed rule. For this regulatory cycle, we combined elements of the document that is described in the diagram as Supplemental Proposals with the document that is described as Proposed Season Frameworks.

Further, the October 15, 2019, proposed rule set forth a list of numbered headings under which all subsequent hunting frameworks and guidelines would be organized (see 84 FR 55122). Because each of the regulatory documents in this rulemaking cycle includes only those numbered items requiring attention, the list of remaining numbered items appears incomplete.

We provided the meeting dates and locations for the Service Regulations Committee (SRC) and Flyway Council meetings on Flyway calendars posted on our website at

https://www.fws.gov/birds/management/flyways.php.

On October 8-9, 2019, 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 2020-21 regulations for these species. The October 15, 2019, proposed rule provided detailed information on the proposed 2020-21 regulatory schedule and announced the SRC meetings.

On March 19, 2020, we published in the

Federal Register

(85 FR 15870) the proposed frameworks for the 2020-21 season migratory bird hunting regulations. We have considered all pertinent comments received through the close of the comment period on April 20, 2020, which includes comments submitted in response to our October 15 and March 19 proposed rulemaking documents and comments from the October SRC meeting. This document establishes final frameworks for migratory bird hunting regulations for the 2020-21 season and includes no substantive changes from the March 19, 2020, proposed rule. 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 reports that provide detailed information on the status and harvest of certain migratory gamebird species. 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 annual reports published in August 2019 in the development of proposed frameworks for the migratory bird hunting regulations: Adaptive Harvest Management, 2020 Hunting Season; American Woodcock Population Status, 2019; Band-tailed Pigeon Population Status, 2019; Migratory Bird Hunting Activity and Harvest During the 2017-18 and 2018-19 Hunting Seasons; Mourning Dove Population Status, 2019; Status and Harvests of Sandhill Cranes, Mid-continent, Rocky Mountain, Lower Colorado River Valley and Eastern Populations, 2019; and Waterfowl Population Status, 2019.

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 during the public comment period.

Review of Public Comments and Flyway Council Recommendations

The preliminary proposed rulemaking, which appeared in the October 15, 2019,

Federal Register

(84 FR 55120), opened the public comment period for migratory game bird hunting regulations and described the proposed regulatory alternatives for the 2020-21 duck hunting season. Comments and recommendations are summarized below and numbered in the order set forth in the October 15, 2019, 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. As explained earlier in this document, 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 (11) commenters protested the entire migratory bird hunting regulations process, the killing of all migratory birds, and questioned the status and habitat data on which the migratory bird hunting regulations are based. Several (6) commenters were opposed to making any regulatory changes, and one commenter supported the proposed regulations. Several (4) commenters expressed interest in a longer duck season in the Pacific and Mississippi Flyways; two commenters expressed support for additional youth hunting opportunity or youth waterfowl hunting longer than one day and more than one week before the regular duck season; and one commenter expressed concern that penalties for regulation violations may be inadequate to dissuade violations.

Service Response:

As we indicated above under Population Status and Harvest 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. We have taken into account available information and considered public comments and continue to believe that the hunting seasons provided for herein are compatible with the current status of migratory bird populations and long-term population goals. 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.

In regard to longer duck seasons, we develop duck hunting regulations cooperatively with the four Flyway Councils and use an adaptive harvest management (AHM) decision framework that allows selection of the optimal regulation each year based on agreed-upon objectives, regulatory alternatives, population models, observed and expected harvest, habitat conditions, and the status of duck populations (see 1. Ducks, below, for more details on the process for establishing duck hunting regulations). Public comments are considered in developing and revising these AHM protocols. Also, recent duck seasons in the Pacific Flyway are 107 days, which is the maximum season length allowed by the Migratory Bird Treaty Act (16 U.S.C. 703-711). Finally, Federal guidelines currently allow States to offer 2 special youth waterfowl hunting days, and these days can be up to 14 days before the regular duck season. Federal frameworks provide opportunity for youth to hunt each day that a hunting season is open, and States could choose to add more days of youth-only hunting within their regular seasons if such opportunities are a priority.

Regarding law enforcement, this rule proposes frameworks, or outside limits, for migratory bird hunting. States then select hunting seasons within these outside limits to allow harvest at levels compatible with migratory bird population status and habitat conditions. States subsequently establish regulations consistent with these season selections. Enforcement of migratory bird hunting regulations is a shared responsibility between State and Federal government agencies, and penalties for violations of these regulations are established under separate State and Federal rulemaking processes. The Service's Division of Migratory Bird Management discusses regulatory issues with law enforcement personnel to ensure that proposed regulations are enforceable.

1. Ducks

A. General Harvest Strategy

Council Recommendations:

The Atlantic, Mississippi, Central, and Pacific Flyway Councils each recommended adopting the liberal regulatory alternative for their respective flyways.

The Mississippi and Central Flyway Councils further recommended several changes to the AHM decision framework for mid-continent mallards beginning with the 2021-2022 (next) season. Specifically, the Mississippi Flyway Council made the following recommendations:

(1) Continue to base the annual regulatory decision on current mallard breeding population estimates and spring pond counts in central North America (Federal Waterfowl Breeding Population and Habitat Survey [WBPHS] strata 13-18, 20-50, and 75-77), and in Michigan, Minnesota, and Wisconsin (State surveys).

(2) Remove the North American Waterfowl Management Plan (NAWMP) mallard population goal from the AHM objective function.

(3) Replace the current four discrete models with a model parameterization based on the estimation results from an annually updated integrated population model.

(4) For the three AHM regulatory open-season alternatives, provide a duck hunting season framework start date of the Saturday nearest September 24 and an end date of January 31.

(5) Allow no other changes from current AHM regulatory alternatives until additional work on revisions to other species' strategies is completed.

(6) Allow no changes to current bag limits or harvest strategies for duck species other than mallards until additional work on revisions to other species' strategies is completed.

The Central Flyway Council recommendations were consistent with Mississippi Flyway Council recommendations 1-4 and 6, but the Central Flyway Council also recommended that the bag limit for male mallards in the moderate and liberal regulatory alternatives for the Central Flyway be increased by one bird, so that the male mallard bag limit would be the same as the overall duck bag limit of six birds. This recommendation is in opposition to Mississippi Flyway Council recommendation 5.

Service Response:

As we stated in the October 15, 2019, proposed rule, we intend to continue the use of AHM to help determine appropriate duck-hunting regulations for the 2020-21 season. AHM is a tool that permits sound resource decisions in the face of uncertain regulatory impacts and provides a mechanism for reducing that uncertainty over time. We use an AHM

protocol (decision framework) to evaluate four regulatory alternatives, each with a different expected harvest level, and choose the optimal regulation for duck hunting based on the status and demographics of mallards for the Mississippi, Central, and Pacific Flyways, and based on the status and demographics of a suite of four species (eastern waterfowl) in the Atlantic Flyway (see below, and the earlier referenced report “Adaptive Harvest Management, 2020 Hunting Season” for more details). We have specific AHM protocols that guide appropriate bag limits and season lengths for species of special concern, including black ducks, scaup, and pintails, within the general duck season. These protocols use the same outside season dates and lengths as those regulatory alternatives for the 2020-21 general duck season.

For the 2020-21 hunting season, we will continue to use independent optimizations to determine the appropriate regulatory alternative for mallard stocks in the Mississippi, Central, and Pacific Flyways and for eastern waterfowl in the Atlantic Flyway. This means that we will develop regulations for mid-continent mallards, western mallards, and eastern waterfowl independently based on the breeding stock that contributes primarily to each Flyway. We detailed implementation of AHM protocols for mid-continent and western mallards in the July 24, 2008,

Federal Register

(73 FR 43290), and for eastern waterfowl in the September 21, 2018,

Federal Register

(83 FR 47868).

Regarding the Mississippi and Central Flyway Councils' recommendations for changes to the mid-continent mallard AHM protocol for next season, the Service has used an AHM protocol since 1995 to determine appropriate hunting season regulations for mid-continent mallards. The protocol includes (1) an objective function that devalues harvest if predicted population size of mid-continent mallards is below the population goal described in the NAWMP; (2) a set of four discrete models that incorporates the effects of harvest and mallard density on population demographics; and (3) a set of four regulatory alternatives. During the past five years, the Service and the Mississippi and Central Flyway Councils have undertaken a revision process to examine both the objectives of harvest management for the mid-continent mallard population, and the appropriateness of the models used to estimate changes in their demographics. As a result of this review, the two Flyway Councils have recommended changes to the mid-continent mallard AHM protocol.

We agree with the Mississippi and Central Flyway Councils' recommendations for changes to the mid-continent mallard AHM protocol beginning with the 2021-22 season where the recommendations from the two Councils are in agreement (see B. Regulatory Alternatives, below, for more discussion on Council recommended changes to regulatory alternatives). The two Councils' recommendations differed in mallard daily bag limits. Consistent with past issues where Councils that share a migratory bird population have differing recommendations, the Service will not choose one Council's recommendation over another. Rather, the two Councils should forward a consensus recommendation that either (1) adopts the Central Flyway Council recommendation for mallard bag limits; (2) adopts the Mississippi Flyway Council recommendation for mallard bag limits (status quo); or (3) endorses each other's recommendation and accepts differences in the regulatory alternatives across flyways. Since such an agreement between the flyways has not yet been reached, the Service supports mallard bag limits for the 2021-22 season that are the same as those from the 2020-21 season where the two Councils were last in agreement (

i.e.,

no change).

Atlantic Flyway

For the Atlantic Flyway, we set duck-hunting regulations based on the status and demographics of a suite of four duck species (eastern waterfowl) in eastern Canada and the Atlantic Flyway States: Green-winged teal, common goldeneye, ring-necked duck, and wood duck. For purposes of the assessment, eastern waterfowl stocks are those breeding in eastern Canada and Maine (Federal WBPHS fixed-wing surveys in strata 51-53, 56, and 62-70, and helicopter plot surveys in strata 51-52, 63-64, 66-68, and 70-72) and in Atlantic Flyway States from New Hampshire south to Virginia (Atlantic Flyway Breeding Waterfowl Survey, AFBWS). Breeding population size estimates for green-winged teal, ring-necked ducks, and goldeneyes are derived annually by integrating fixed-wing and helicopter survey data from eastern Canada and Maine (WBPHS strata 51-53, 56, and 62-72). Counts of green-winged teal, ring-necked ducks, and goldeneyes in the AFBWS are negligible and therefore excluded from population estimates for those species. Breeding population size estimates for wood ducks in the Atlantic Flyway (Maine south to Florida) are estimated by integrating data from the AFBWS and the North American Breeding Bird Survey. Counts of wood ducks from the WBPHS are negligible and therefore excluded from population estimates.

For the 2020-21 hunting season, we evaluated alternative harvest regulations for eastern waterfowl using: (1) A management objective of 98 percent of maximum long-term sustainable harvest for eastern waterfowl; (2) the 2020-21 regulatory alternatives; and (3) current stock-specific population models and associated weights. Based on the liberal regulatory alternative selected for the 2019-20 duck hunting season, the 2019 survey estimates of 0.30 million green-winged teal, 1.02 million wood ducks, 0.69 million ring-necked ducks, and 0.52 million goldeneyes, the optimal regulation 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 as described in the October 15, 2019, proposed rule for the 2020-21 season.

The mallard bag limit in the Atlantic Flyway is based on a separate assessment of the harvest potential of eastern mallards (see xi. Other, below, for further discussion on the mallard bag limit in the Atlantic Flyway).

Mississippi and Central Flyways

For the Mississippi and Central Flyways, we set duck-hunting regulations based on the status and demographics of mid-continent mallards and habitat conditions (pond numbers in Prairie Canada). For purposes of the assessment, mid-continent mallards are those breeding in central North America (Federal WBPHS strata 13-18, 20-50, and 75-77), and in Michigan, Minnesota, and Wisconsin (State surveys).

For the 2020-21 hunting season, we evaluated alternative harvest regulations for mid-continent mallards using: (1) A management objective of maximum long-term sustainable harvest; (2) the 2020-21 regulatory alternatives; and (3) current population models and associated weights. Based on a liberal regulatory alternative selected for the 2019-20 hunting season, the 2019 survey estimates of 9.73 million mid-continent mallards and 2.86 million ponds in Prairie Canada, the optimal regulation for the Mississippi and Central Flyways is the liberal alternative. Therefore, we concur with the recommendations of the Mississippi and Central Flyway Councils regarding selection of the liberal regulatory alternative as described in the October

15, 2019, proposed rule for the 2020-21 season.

Pacific Flyway

For the Pacific Flyway, we set duck-hunting regulations based on the status and demographics of western mallards. For purposes of the assessment, western mallards consist of two substocks and are those breeding in Alaska and Yukon Territory (Federal WBPHS strata 1-12) and those breeding in the southern Pacific Flyway including California, Oregon, Washington, and British Columbia (State and Provincial surveys) combined.

For the 2020-21 hunting season, we evaluated alternative harvest regulations for western mallards using: (1) A management objective of maximum long-term sustainable harvest; (2) the 2020-21 regulatory alternatives; and (3) the current population model. Based on a liberal regulatory alternative selected for the 2019-20 hunting season, the 2019 survey estimates of 0.89 million western mallards in Alaska and the Yukon Territory (0.36 million) and the southern Pacific Flyway (0.52 million), the optimal regulation for the Pacific Flyway is the liberal alternative. Therefore, we concur with the recommendation of the Pacific Flyway Council regarding selection of the liberal regulatory alternative as described in the October 15, 2019, proposed rule for the 2020-21 season.

B. Regulatory Alternatives

Council Recommendations:

The Mississippi and Central Flyway Councils recommended that the duck framework opening and closing dates be the Saturday nearest September 24 and January 31, respectively, for the three AHM regulatory open-season alternatives beginning with the 2021-22 (next) season.

Service Response:

We agree with the Mississippi and Central Flyway Councils' recommendations for opening and closing dates for duck season frameworks beginning with the 2021-22 season, which are slightly different from what the Service identified in the October 15, 2019, proposed rule (84 FR 55128). The John D. Dingell, Jr. Conservation, Management, and Recreation Act of 2019 (Pub. L. 116-9) amended the Migratory Bird Treaty Act to establish that the closing framework date for duck seasons will be January 31, unless a flyway chooses an earlier closing date. The recommendations to change the opening framework date represent a one-week earlier opening in the restrictive regulatory alternative for the Mississippi and Central Flyways, but no changes to the moderate or liberal alternatives. We expect this change to have a negligible impact on duck harvests and population status. The AHM regulatory alternatives vary in the amount of harvest pressure allowed (

i.e.,

by differences in season lengths and bag limits) and are prescribed annually based on current waterfowl status. Implementation of the appropriate alternative each year, and thus harvest pressure, will ensure long-term conservation of duck populations.

C. Zones and Split Seasons

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. For ducks, States have been allowed the option of dividing their allotted 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. However, the split-season option does not fully satisfy many States that wish to provide a more equitable distribution of harvest opportunities. Therefore, we also have allowed the establishment of independent seasons in up to four zones within States for the purpose of providing more equitable distribution of harvest opportunity for hunters throughout the State.

In 1978, we prepared an environmental assessment (EA) on the use of zones to set duck hunting regulations. A primary tenet of the 1978 EA was that zoning would be used to provide equitable distribution of duck hunting opportunities within a State or region. The intent was not to increase total annual waterfowl harvest in the zoned areas; target harvest levels were to be adjusted downward if they exceeded traditional levels as a result of zoning. Subsequent to the 1978 EA, we conducted a review of the use of zones and split seasons in 1990. The ability to detect the impacts of zones and splits on waterfowl demographics and harvest was poor because of the absence of adequate study designs and experimental controls, limitations in monitoring capacities, imprecise parameter estimates, and low power to detect changes in parameter estimates. Substantial concern remained about the unknown consequences of zones and split seasons on duck populations and harvest redistribution among States and flyways, potential reduced effectiveness of regulations (season length and bag limit) to reduce duck harvest if needed, and the administrative burden associated with changing regulations annually. Consequently, we established guidelines to provide a framework for controlling the proliferation of zones and split seasons. The guidelines identified a limited number of zone and split-season configurations that could be used for duck hunting and restricted the frequency of changes in State selection among these configurations to open seasons at the beginning of five-year intervals. The first open season was in 1991, with subsequent open seasons in 1996, 2001, 2006, 2011-2012, and 2016-2017. In 2011, we prepared a new EA analyzing proposed changes to the guidelines for zones and split seasons. Revised guidelines were finalized in 2011 (76 FR 53536; August 26, 2011).

We discussed and presented guidelines for duck zones and split seasons during 2021-25 seasons in the October 15, 2019, proposed rule. We also stated that for those States wishing to change zone and split-season configurations in time for the 2021-25 seasons, we would need to receive configuration selections and zone descriptions by May 1, 2020.

Council Recommendations:

The Atlantic, Mississippi, Central, and Pacific Flyway Councils recommended that we modify the existing guidelines for duck zones and split seasons to allow an additional configuration including two zones with up to three season segments per zone for use beginning with the 2021-22 duck hunting season. The Mississippi Flyway Council also recommended the requirement that States selecting this additional configuration conduct an evaluation of changes in hunter numbers, satisfaction, and harvest. The Central and Pacific Flyway Councils further recommended additional zone and split-season configurations including: (1) One zone in each State may comprise up to two geographically separated areas, and (2) three zones with up to three season segments per zone. Finally, the Atlantic Flyway Council recommended that the deadline for States to select their zone and split-season configurations and define new zone boundaries be extended from May 1 to July 1, 2020.

Service Response:

We agree with the recommendations of the Atlantic, Mississippi, Central, and Pacific Flyway Councils to allow an additional duck zone and split-season configuration with two zones and up to three season segments per zone beginning with the 2021-22 season. States that select this new configuration must conduct an evaluation of impacts to hunter dynamics (

e.g.,

hunter numbers, satisfaction) and harvest during the

fixed five-year period it is implemented (

e.g.,

2021-25 period) and need to involve human dimensions specialists in the assessment.

We do not support the recommendations of the Central and Pacific Flyway Councils to add additional configurations including one zone with discontinuous boundaries or three zones with up to three season segments per zone. We remain concerned about the proliferation of zones, impacts to harvest, and potential confounding of these additional zone and split-season configurations with results from the Central Flyway Council's proposed two-tier license experiment. We need to better understand how additional zone and split-season configurations might influence hunter recruitment, retention, and reactivation (R3) efforts, and whether additional options run counter to the desire to simplify regulations. Therefore, we were supportive of additional discussions at the spring 2020 SRC meetings to help us better understand these additional options and how they can help us meet our mutual objectives while addressing R3 and waterfowl population concerns.

Finally, we will extend the deadline for States to select their zone and split-season configurations and to define potential new zone boundaries for the 2021-25 seasons to August 15, 2020, but we encourage States to submit their selections and zone boundaries as soon as possible.

For the 2021-25 seasons, the guidelines for duck zones and split seasons are as follows:

Guidelines for Duck Zones and Split Seasons

The following guidelines for zones and split seasons apply only for the regular duck season:

(1) A zone is a geographic area or portion of a State, with a contiguous boundary, for which independent dates may be selected for the regular duck season.

(2) Consideration of changes for management-unit boundaries is not subject to the guidelines and provisions governing the use of zones and split seasons for ducks.

(3) Only minor (less than a county in size) boundary changes will be allowed for any grandfathered arrangement, and changes are limited to the open season.

(4) Once a zone and split-season configuration is selected during an open season, it must remain in place for the following five years.

Any State may continue their zone and split-season configuration used in the previous five-year period. If changes are made, the zone and split-season configuration must conform to one of the following five options:

(1) One zone (same as no zones) with up to three season segments;

(2) Two zones with up to two season segments in each zone;

(3) Two zones with up to three season segments in each zone;

(4) Three zones with up to two season segments in each zone; or

(5) Four zones with a continuous season (

i.e.,

no segments) in each zone.

Because the two zones and three season segments configuration is new, States that select this configuration must conduct an evaluation of impacts to hunter dynamics (

e.g.,

hunter numbers, satisfaction) and harvest during the fixed five-year period it is implemented (

e.g.,

2021-25 period).

Grandfathered Zone and Split Arrangements

When we first implemented the zone and split-season guidelines in 1991, several States had completed experiments with zone and split-season arrangements different from our original options. We offered those States a one-time opportunity to continue (“grandfather”) those arrangements, with the stipulation that only minor changes could be made to zone boundaries. If any of those States now wish to change their zone and split arrangement:

(1) The new arrangement must conform to one of the five options identified above; and

(2) The State cannot go back to the grandfathered arrangement that it previously had in place.

Mallard Management Units

For the States that have a recognized management unit (Columbia Basin Management Unit in the Pacific Flyway, High Plains Management Unit in the Central Flyway) and include a non-management unit portion, an independent 2-segment duck season with no zones can be selected for the management unit. The remainder of the State in the non-management unit portion can be zoned and have split seasons according to existing guidelines. In the Central Flyway, additional duck season days afforded to the management unit must occur on or after the Saturday nearest December 10.

D. Special Seasons/Species Management

i. September Teal Seasons

Council Recommendations:

The Atlantic Flyway Council recommended Florida be granted operational status for the September teal-only season beginning with the 2020 season.

Service Response:

We agree with the Atlantic Flyway Council's recommendation. Florida has met the minimum requirements for sample size and targets for nontarget species attempt rates in both the pre-sunrise and post-sunrise periods, which were below the acceptable rate of 25 percent. In addition the nontarget species harvest rates for both pre- and post-sunrise periods were below the acceptable rate of 10 percent.

iii. Black Ducks

Council Recommendations:

The Atlantic and Mississippi Flyway Councils recommended continued use of the AHM protocol for black ducks, and adoption of the moderate regulatory alternative for their respective flyways. The Flyway-specific regulations consist of a daily bag limit of two black ducks and a season length of 60 days.

Service Response:

The Service, Atlantic and Mississippi Flyway Councils, and Canada adopted an international AHM protocol for black ducks in 2012 (77 FR 49868; August 17, 2012) whereby we set black duck hunting regulations for the Atlantic and Mississippi Flyways (and Canada) based on the status and demographics of these birds. The AHM protocol clarifies country-specific target harvest levels, and reduces conflicts over regulatory policies.

For the 2020-21 hunting season, we evaluated country-specific alternative harvest regulations using: (1) A management objective of 98 percent of maximum long-term sustainable harvest; (2) country-specific regulatory alternatives; and (3) current population models and associated weights. Based on the 2019 survey estimates of 0.56 million breeding black ducks and 0.36 million breeding mallards (Federal WBPHS strata 51, 52, 63, 64, 66, 67, 68, 70, 71, and 72; core survey area), the optimal regulation for the Atlantic and Mississippi Flyways is the moderate alternative (and the liberal alternative in Canada). Therefore, we concur with the recommendations of the Atlantic and Mississippi Flyway Councils regarding selection of the moderate regulatory alternative for the 2020-21 season.

iv. Canvasbacks

Council Recommendations:

The Atlantic, Mississippi, Central, and Pacific Flyway Councils recommended adoption of the liberal regulatory alternative for their respective flyways. The Flyway-specific regulations consist of a daily bag limit of two canvasbacks and a season length of 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,

Federal Register

(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 uses available information (1994-2014) on canvasback breeding population size in Alaska and north central North America (Federal WBPHS traditional survey area, strata 1-18, 20-50, and 75-77), growth rate, survival, and harvest, and a population model to evaluate alternative harvest regulations based on a management objective of maximum long-term sustainable harvest. The decision support tool calls for a closed season when the population is below 460,000, a 1-bird daily bag limit when the population is between 460,000 and 480,000, and a 2-bird daily bag limit when the population is greater than 480,000. Based on the 2019 survey estimate of 686,000 canvasbacks, we concur with the recommendations of the four Flyway Councils regarding selection of the liberal regulatory alternative for the 2020-21 season.

v. Pintails

Council Recommendations:

The Atlantic, Mississippi, Central, and Pacific Flyway Councils recommended adoption of the liberal regulatory alternative for their respective flyway. The Flyway-specific regulations consist of a daily bag limit of one pintail and a season length of 60 days in the Atlantic and Mississippi Flyways, 74 days in the Central Flyway, and 107 days in the Pacific Flyway.

Service Response:

The Service and four Flyway Councils adopted an AHM protocol for pintail in 2010 (75 FR 44856; July 29, 2010) whereby we set pintail hunting regulations in all four Flyways based on the status and demographics of these birds.

For the 2020-21 hunting season, we evaluated alternative harvest regulations for pintails using: (1) A management objective of maximum long-term sustainable harvest, including a closed-season constraint of 1.75 million birds; (2) the regulatory alternatives; and (3) current population models and associated weights. Based on a liberal regulatory alternative with a 1-bird daily bag limit for the 2019-20 season and the 2019 survey estimates of 2.27 million pintails observed at a mean latitude of 54.4 degrees (Federal WBPHS traditional survey area, strata 1-18, 20-50, and 75-77), the optimal regulation for all four Flyways is the liberal alternative. Therefore, we concur with the recommendations of the four Flyway Councils regarding selection of the liberal regulatory alternative for the 2020-21 season.

vi. Scaup

Council Recommendations:

The Atlantic, Mississippi, Central, and Pacific Flyway Councils recommended adoption of the restrictive regulatory alternative for the 2020-21 season. The Flyway-specific regulations consist of a 60-day season with a 1-bird daily bag limit during 40 consecutive days and a 2-bird daily bag limit during 20 consecutive days in the Atlantic Flyway, a 60-day season with a 2-bird daily bag limit during 45 consecutive days and a 1-bird daily bag limit during 15 consecutive days in the Mississippi Flyway, a 1-bird daily bag limit for 74 days in the Central Flyway, and an 86-day season with a 2-bird daily bag limit in the Pacific Flyway.

Service Response:

The Service and four Flyway Councils adopted an AHM protocol for scaup in 2008 (73 FR 43290, July 24, 2008; and 73 FR 51124, August 29, 2008) whereby we set scaup hunting regulations in all four Flyways based on the status and demographics of these birds.

For the 2020-21 hunting season, we evaluated alternative harvest regulations for scaup using: (1) A management objective of 95 percent of maximum sustainable harvest; (2) the regulatory alternatives; and (3) the current population model. Based on a moderate regulatory alternative for the 2019-20 season and the 2019 survey results of 3.59 million scaup (Federal WBPHS traditional survey area, strata 1-18, 20-50, and 75-77), the optimal regulation for all four Flyways is the restrictive alternative. Therefore, we concur with the recommendations of the four Flyway Councils regarding selection of the restrictive alternative for the 2020-21 season.

xi. Other

Council Recommendations:

The Atlantic Flyway Council recommended a mallard daily bag limit of two birds, only one of which could be female, for the Atlantic Flyway. The Central Flyway Council recommended that the Service allow South Dakota and Nebraska to evaluate a two-tier licensing system, wherein two different types of licenses would be available to hunters to harvest ducks. One license type would allow maximum harvest opportunity under the regulations, and would require the hunter to comply with all species and sex restrictions on the take of the various duck species. The second type of license would allow the hunter to take three ducks of any species each day of the season, thus not requiring the hunter to identify species prior to shooting them. The intent of this less-restrictive license type is to recruit and retain waterfowl hunters. The recommendation proposes that South Dakota and Nebraska be allowed to evaluate this new license system beginning with the 2020-21 season. The less-restrictive license would be available to any hunter (both residents and nonresidents), but the first license purchased in the State would require that the individual hunt under that license type for the entire season (for example, hunters purchasing multiple licenses in that State in a given season would always have to hunt under the strictures of the first license purchased; they could not change between the typical license type and the less-restrictive license type).

Service Response:

We agree with the Atlantic Flyway Council's recommendation for a mallard daily bag limit of two birds, of which only one may be female, for the Atlantic Flyway. The Atlantic Flyway Council's eastern waterfowl AHM protocol (see above) did not specifically address bag limits for mallards. The number of breeding mallards in the 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 situation has resulted in reduced harvest potential for that population. The Service conducted a Prescribed Take Level (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) considered as part of the eastern waterfowl AHM regulatory alternatives.

Using contemporary data and assuming a management objective of maximum long-term sustainable harvest, the PTL analysis estimated an allowable kill rate of 0.194-0.198. The expected 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 significantly different from) the point estimate of allowable kill at maximum long-term sustainable harvest. This calculation indicates that a 2-bird daily bag limit is sustainable at this time.

Regarding the Central Flyway Council's recommendation for a two-tier license system, the Service notes that a similar recommendation was first presented to the SRC by the Council in 2012, and was considered by the Service at that time. In 2015, after several years of discussion with the Council, the SRC concluded that, although they saw some merit in the proposal, the SRC did not believe sufficient evidence was presented showing that duck identification was a significant barrier to waterfowl recruitment and retention. Thus, the SRC did not support the proposal at that time, but stated that they would reconsider their decision if evidence showing that duck identification was a significant barrier to participation became available.

Since 2015, several surveys have been conducted that included questions asking respondents whether duck identification might deter them from hunting waterfowl. Results from some surveys suggest that may be the case, addressing at least in part the concerns the SRC had identified. However, the Service also recognizes that this proposal represents a significant change to the way it has set regulations since the early 1900s, and that a change of that magnitude requires significant input, planning, and documentation to meet legal concerns and ensure that reliable information results from the study to assist decision makers in the future.

Therefore, the Service intends to approve a limited two-tier licensing system in selected States to assess impacts to hunters and duck harvests, but not during the 2020-21 season as proposed in the Central Flyway Council's recommendation. Rather, the Service tasked Division of Migratory Bird Management staff to work with the Flyway Councils to develop a team to address the components needed in an evaluation, and to have a draft evaluation plan that is supported by both the Division of Migratory Bird Management and the Flyway Councils ready for review prior to the spring 2020 SRC meeting. The Service believes that completing National Environmental Policy Act (NEPA) compliance, developing shared objectives, identifying appropriate metrics for evaluation, potentially modifying monitoring efforts, and addressing law enforcement concerns are important elements to consider before implementing a limited two-tier licensing system for evaluation. The Service wants this work completed in time to implement the limited two-tier licensing system for the 2021-22 hunting season. Over the last two years, the Service has completed extensive work with our State partners reviewing hunting and fishing regulations on Refuge lands. Our commitment is for the Service to continue to explore opportunities to enhance the waterfowl hunting experience for the American public.

4. Canada Geese

On April 16, 2020, we published in the

Federal Register

(85 FR 21282) a revised List of Migratory Birds protected under the Migratory Bird Treaty Act (MBTA) by both adding and removing species. Reasons for the changes to the list included adding species based on revised taxonomy and new evidence of natural occurrence in the United States or U.S. territories, removing species no longer known to occur within the United States or U.S. territories, and changing names to conform to accepted use. This rule went into effect on May 18, 2020, which was between publication of the proposed frameworks (March 19, 2020) and these final frameworks for 2020-21 migratory bird hunting seasons. The revised List of Migratory Birds separated Canada goose into two separate species: Cackling goose (

Branta hutchinsii

) and Canada goose (

Branta canadensis

). However, the March 19, 2020, proposed frameworks specified hunting seasons for both of these species under Canada geese and the collective term dark geese. Thus, for administrative purposes, we clarify that in this final rule Canada geese includes both Canada geese and cackling geese. Because historically Canada goose season frameworks applied to both species of geese, the separation of these species in the List of Migratory Birds will not result in differential harvest effects on either species.

B. Regular Seasons

Council Recommendations:

The Pacific Flyway Council recommended a framework closing date of January 31 in places where the closing date is currently the last Sunday in January.

Service Response:

We agree with the Pacific Flyway Council's recommendation. The Canada goose season framework dates traditionally have coincided with the duck, coot, and merganser season framework dates except where there are exceptions for a later Canada goose season framework closing date. We earlier discussed under 1. Ducks, B. Regulatory Alternatives that last year we extended the duck, coot, and merganser season framework closing date from the last Sunday in January to January 31 across all four Flyways as directed by the John D. Dingell, Jr. Conservation, Management, and Recreation Act, signed into law on March 12, 2019 (Pub. L. 116-9). Therefore, we are supportive of adjusting the general Canada goose season framework closing date to again coincide with the duck, coot, and merganser season framework closing date, and expect this adjustment to have negligible impact to Canada goose population status.

6. Brant

Council Recommendations:

The Atlantic Flyway Council recommended that the 2020-21 season for Atlantic brant follow the Atlantic Flyway Council's brant harvest strategy pending the results of the 2020 Atlantic Flyway Mid-winter Waterfowl Survey (MWS). The Council also recommended that if results of the 2020 MWS are not available, then results of the most recent MWS should be used.

The Pacific Flyway Council recommended a framework closing date of January 31 in places where the closing date is currently the last Sunday in January. The Council also recommended that the 2020-21 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 2020 Winter Brant Survey (WBS). If results of the 2020 WBS are not available, results of the most recent WBS should be used.

Service Response:

As we discussed in the March 28, 2016,

Federal Register

(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) of sandhill cranes 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 Council and SRC decision-making meetings 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 current regulatory schedule, neither the expected 2020 brant production information (available spring) nor the 2020 MWS count (available January) is yet available at the time proposed frameworks are developed. However, the MWS is typically completed and 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 revised Atlantic brant harvest 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 two segments.

The 2020 MWS Atlantic brant count was 139,875 brant. Thus, utilizing the above Atlantic brant harvest strategy, the appropriate Atlantic brant hunting season for the 2020-21 season is a 50-day season with a 2-bird daily bag limit.

We agree with the Pacific Flyway Council's recommendation for a framework closing date of January 31 in places where the closing date is currently the last Sunday in January for brant in the Pacific Flyway. The brant season framework dates traditionally have coincided with the duck, coot, and merganser season framework dates except where there are earlier brant season framework closing date restrictions. We earlier discussed under 1. Ducks, B. Regulatory Alternatives that last year we extended the duck, coot, and merganser season framework closing date from the last Sunday in January to January 31 across all four Flyways as directed by the John D. Dingell, Jr. Conservation, Management, and Recreation Act, signed into law on March 12, 2019 (Pub. L. 116-9). Therefore, we are supportive of adjusting the general brant season framework closing date to again coincide with the duck, coot, and merganser season framework closing date, and expect this to have negligible impact to Pacific brant population status.

We also agree with the Pacific Flyway Council's recommendation that the 2020-21 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 2020 WBS. Similar to the case for Atlantic brant, the harvest strategy used to determine the Pacific brant season frameworks does not fit well within the current regulatory process. In developing the annual proposed frameworks for Pacific brant, the Pacific Flyway Council and the Service use the three-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, which is after the date that proposed frameworks are formulated in the regulatory process. However, the data are typically available by the expected publication of these final frameworks. When we acquire the current survey data, we select the appropriate frameworks for the 2020-21 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 framework outside season dates are September 1 through January 26 in Alaska, Saturday closest to September 24 through December 15 in California and Oregon, and Saturday closest to September 24 through January 31 in Washington.

The recent 3-year average (2018-2020) WBS count of Pacific brant was 145,388. Using the above harvest strategy, the appropriate season length and daily bag limit framework for Pacific brant in the 2020-21 season is a 107-day season with a 2-bird daily bag limit in Alaska, and a 27-day season with a 2-bird daily bag limit in California, Oregon, and Washington.

8. Swans

We first approved a hunting season for the Eastern Population (EP) of tundra swans in the early 1980s, and gradually expanded opportunities to include the States of Montana, North Dakota, North Carolina, South Dakota, and Virginia by the late 1980s. Recently, we also allowed Delaware to initiate an experimental hunting season on these birds. Harvest of EP tundra swans is guided by a cooperative management plan, which specifies a population objective and harvest levels designed to maintain population abundance near that objective. In recent years, some Interior Population (IP) trumpeter swans have been present during fall and winter in States where EP tundra swan hunting is allowed. As a result of restoration efforts and natural population growth, the IP has grown from 43 adult and subadult birds in 1968 to over 27,000 in 2015. Given the growth and range expansion that has occurred in the IP, it is likely that migrating and wintering trumpeter swan numbers will increase in the Atlantic, Mississippi, and Central Flyways. Tundra and trumpeter swans are very similar in appearance, particularly at a distance. As the number and range of trumpeter swans continues to increase during fall and winter in States where tundra swan hunting is allowed, the risk of accidental harvest of trumpeter swans by hunters will increase. Thus, there is a need to address the potential for misidentification and accidental harvest of trumpeter swans that may occur during existing tundra swan seasons.

To address this issue, the Service reviewed information and drafted an EA to determine whether harvest of IP trumpeter swans during current EP tundra swan hunting seasons could be permitted while sustaining IP trumpeter swans at desired levels. The proposed action is to establish a regulatory framework for swan hunting that would govern the harvest of both trumpeter and tundra swans in portions of the Atlantic, Mississippi, and Central Flyways that currently have operational hunting seasons on EP tundra swans or may have them in the future. The framework would allow a limited take of trumpeter swans, but only during hunting seasons established to provide opportunities to hunt tundra swans. New hunting seasons (

i.e.,

seasons in areas that are currently closed to swan hunting) will not be approved unless the requesting State demonstrates that ≥90% of the swans in the proposed hunting area are tundra swans. Any season where take of both swan species is allowed would require data collection, which would ensure harvests of IP trumpeter swans remain within appropriate levels, and allow modification of the seasons if necessary. Importantly, no State that currently has a tundra swan season is required to change that season to a general swan season; the latter is only an option that is available to States if they want to implement such a season. A copy of the Final EA—including background information on the swan species impacted, levels of take of IP trumpeter swans that would be allowed, and specifics of the five alternatives we analyzed—and finding of no significant impact can be found at either

http://www.regulations.gov

or on our website at

https://www.fws.gov/birds/index.php.

Council Recommendations:

The Atlantic and Central Flyway Councils recommended that the total number of hunting permits for EP tundra swans be reduced from 12,000 to 9,600, with 5,600 permits allowed in the Atlantic Flyway and 4,000 permits allowed in the Central Flyway. The Pacific Flyway Council recommended that the Pacific Flyway swan season framework allow the season to be split into two segments and allow a season in northern Idaho with the following parameters:

(1) Hunting area may include the four most northwestern counties (Benewah, Bonner, Boundary, and Kootenai);

(2) Not more than 50 hunting permits may be issued;

(3) Only 1 permit may be issued per hunter; and

(4) All hunters that harvest a swan must complete and submit a harvest report with the bill measurement and color information from the harvested swan within 72 hours of harvest for species determination.

Written Comments:

We received many (335) comments on the proposed framework for a general swan season in the eastern three flyways. Some (239) commenters opposed the proposal entirely; some (94) commenters, including one non-government organization, only opposed including Minnesota or the Mississippi Flyway in the swan season framework; while two commenters were supportive of the entire proposal. Central themes among commenters opposed to all or part of the proposal were opposition to allowing any harvest of trumpeter swans, lack of demand for swan hunting in the Mississippi Flyway, and probable harvest of trumpeter swans in areas or portions of the year when these birds outnumber tundra swans. Several (9) of these commenters further suggested that harvested trumpeter swans be confiscated, but that hunters not be ticketed or fined.

We received few (3) comments on the proposed framework for a general swan season in Idaho. Two commenters supported the proposal, including the State of Idaho, while one commenter was opposed. One commenter further suggested the use of check stations over bill-measurement cards for swan species identification.

Service Response:

We agree with the Atlantic and Central Flyway Councils' recommendations that the total number of hunting permits be reduced from 12,000 to 9,600, with 5,600 permits allowed in the Atlantic Flyway and 4,000 permits allowed in the Central Flyway. The recommendations are consistent with reductions called for in the Atlantic, Central, Mississippi, and Pacific Flyway Councils' management plan for EP tundra swans. The count of tundra swans from the 2019 Midwinter Waterfowl Survey in the Atlantic and Mississippi Flyways combined resulted in 92,819 birds. The average count for the last three years was 107,907, which is below the 110,000-bird threshold needed to support 12,000 permits as specified in the Councils' management plan for EP tundra swans.

We also agree with the Pacific Flyway Council's recommendation that the Pacific Flyway swan season framework allow the season to be split into two segments. This is a minor adjustment to realign the swan season framework in the Pacific Flyway with changes to the duck, coot, merganser, and goose season frameworks that have occurred since 1995 when the Pacific Flyway swan season framework was established. This adjustment will allow States to simplify their waterfowl seasons by having season dates for ducks, coots, mergansers, geese, and swans coincide. Swan hunting will continue to be regulated primarily by the number of swan hunting permits a State may issue each year, which is unchanged. Allowing a split in the season is expected to have negligible impact to tundra and trumpeter swan populations in the Pacific Flyway.

We also agree with the Pacific Flyway Council's recommendation to allow limited take of swans in northern Idaho during the fall-winter general hunting season for migratory birds. This change effectively expands the operational swan hunting season framework in the Pacific Flyway that includes parts of Montana, Nevada, and Utah to also include the four northwestern-most counties in Idaho (Benewah, Bonner, Boundary, and Kootenai). The purpose is to provide additional hunting opportunity in Idaho for swans that have met population goals.

The Service 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. The Service addressed impacts of the swan season in a sequence of NEPA environmental assessments and findings of no significant impact (1995, 2000, 2001, 2003). Idaho did not express interest in a swan season at that time.

The proposed swan season in Idaho is consistent with: (1) Earlier NEPA documents establishing the swan season in the Pacific Flyway as operational, (2) applicable hunting regulations in title 50 of the Code of Federal Regulations, part 20, and (3) the Council management plans for tundra and trumpeter swans. The proposed swan season framework in Idaho would be experimental for a period of at least three years where no framework changes could occur unless restrictions were necessary. After that period, the framework could become operational upon approval by the Council and Service.

Both 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 (2017-2019) mean abundance index was 127,556 (95% CI = 83,027-172,086) swans, which exceeded the Pacific Flyway Council's population objective of 60,000 swans. Regarding RMP trumpeter swans, the recent (2015) count was 11,271 white trumpeter swans (

i.e.,

adult and subadult birds),

which 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) minimum count was 810 white swans, which exceeded the Council's population objective of 718 white swans. The recent 3-year (2016-2018) average count was 774 white swans.

The experimental swan season in Idaho will be limited to ≤50 permits per year and is expected to result in a small increase in total Pacific Flyway swan harvest (≤23 WP tundra swans and <1 RMP trumpeter swan per year on average), but have negligible impact to habitat and overall tundra and trumpeter swan population status. The experimental season is expected to have positive impacts on the socioeconomic environment in localized areas where swans occur and are hunted, and is not expected to have any significant impacts on other wildlife species and their habitats, including endangered and threatened species.

We prepared an EA on the proposed swan season in northern Idaho. A copy of the EA and specifics of the two alternatives we analyzed and finding of no significant impact can be found at either

http://www.regulations.gov

or on our website at

https://www.fws.gov/birds/index.php.

Regarding written comments opposed to a general swan season in the eastern three flyways, the position of the Service is to provide hunting opportunities on game birds where such hunting is compatible with sustainability of the game bird resource and consistent with management objectives. Trumpeter swans are classified as game birds under the Migratory Birds Convention (Treaty) between the United States and Great Britain (for Canada) that was enacted by the Migratory Bird Treaty Act in the United States. The Interior Population of trumpeter swans, the group which is the subject of this proposal, has been increasing at an average rate of about 14% per year since 1968, the result of reintroduction efforts and natural reproduction, and in 2015 numbered about 27,000 white birds (excludes cygnets). The geographic range of these birds also is expanding within the eastern three flyways as birds pioneer new areas and reestablish migration routes. Because some of those areas include locations where tundra swan hunting has been allowed, the likelihood of hunters encountering trumpeter swans during those hunts is increasing, which also increases the possibility that they may shoot a trumpeter swan. Similar to circumstances in the Pacific Flyway where the take of trumpeter and tundra swans is allowed in some areas, the Service believes allowing a limited take of trumpeter swans, primarily to eliminate the liability of hunters who mistakenly shoot a trumpeter swan, is appropriate. The Service believes this decision will continue to allow trumpeter swans to increase their abundance and range while not imposing an unnecessary burden on hunters to unerringly identify the species of swan while hunting. The harvest of IP trumpeter swans is expected to be low and would not jeopardize the sustainability of the population based on the biological assessment we have conducted. Further, the harvest information and other aspects of a general swan season framework are reviewed by the Service annually. If the information suggests harvest is higher than deemed appropriate and could jeopardize the status of the population, the Service could revise the framework or close the season in any year.

The Service manages migratory birds at the population level when information is sufficient to do so. The range of IP trumpeter swans spans portions of the Central, Mississippi, and Atlantic Flyways; thus, that is the geographic scale appropriate for their management. Therefore, the assessment and allowable take described in the proposed rule (85 FR 15870; March 19, 2020) and referenced EA spans all three flyways, and we believe any alternative proposed by the Service should include all three flyways (

i.e.,

should not exclude Minnesota or the Mississippi Flyway). However, the establishment of this framework by the Service does not mean that a general swan season must be implemented in any flyway or State. The framework provides only that a biological assessment indicates such seasons could be supported in those flyways without negatively impacting the sustainability of IP trumpeter swans. Each Flyway Council and State has their own process to determine whether they would allow a general swan season. Those jurisdictions will seek input from their stakeholders, including the non-hunting public, when determining if they would recommend implementing such a season. Therefore, whether any or all of the flyways or any State decides to have general swan seasons is a matter for each Flyway Council and State to determine after they consider input from their constituency. The Service will consider allowing general swan seasons, along with any restrictions they desire, only if they are supported by the Flyway Councils. Currently, there are not existing or proposed swan hunting seasons in any State in the Mississippi Flyway (including Minnesota).

General swan seasons would be allowed only in existing tundra swan hunting areas that have few trumpeter swans, as was specified in the EA. New general swan seasons would be allowed only in areas where tundra swans compose 90 percent or more of the swans in the hunt area during the general swan season. This restriction for swan seasons is intended to simultaneously minimize the probable harvest of trumpeter swans in swan hunting areas and address the potential for misidentification and accidental harvest of trumpeter swans that may occur during tundra swan seasons. Therefore, trumpeter swans should not be shot in greater numbers than tundra swans anywhere in their range under this regulation.

In response to commenters that suggested harvest of trumpeter swans not be illegal, but that trumpeter swans shot by hunters be confiscated, the proposed regulation would lawfully allow the take of a trumpeter swan during the general swan season. Because they could be lawfully taken, law enforcement could not issue a citation for unlawful take. Since there would be no citation, the bird could not be legally confiscated.

Regarding the written comment on use of hunter check stations in Idaho, we conclude it is prudent to monitor the take of birds during hunting seasons, particularly under newly established seasons. The swan hunting season framework in the Pacific Flyway requires each State to evaluate hunter participation, harvest, and hunter compliance. We require States (

i.e.,

Utah and Nevada) to use check stations for swan species identification where we are particularly concerned about take of trumpeter swans, but otherwise allow use of bill-measurement cards (

i.e.,

Montana). We acknowledge the potential for inaccuracy when filling out bill-measurement cards and that the reliability of those measurements may not be as high as we would desire. However, we also recognize that requiring hunters to take their harvested swans to a check station to have them measured, and for the State to operate or otherwise support check stations in a sufficient number of geographic locations to be relatively convenient to hunters, may be costly and time consuming, particularly relative to the few swans that may be harvested in Idaho. The Service encourages States to provide directions on bill-measurement cards to minimize the likelihood that a

swan bill would be measured inaccurately. As provided above and in the EA, the Idaho swan season is expected to result in a harvest of ≤23 WP tundra swans and <1 RMP trumpeter swan on average per year. Furthermore, the trumpeter swans are expected to be from the RMP Canada breeding population segment, whose population status is of less concern than that for the RMP U.S. breeding population segment.

9. Sandhill Cranes

Council Recommendations:

The Central Flyway Council recommended that Kansas be allowed to have two hunting zones. The Central and Pacific Flyway Councils recommended that the status of the season in Estancia Valley, New Mexico, be changed from experimental to operational, 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 Central Flyway Council's recommendations that Kansas be allowed to have two hunting zones. In 2004, two to three whooping cranes were shot just prior to the opening of the sandhill crane hunting season in Kansas. As a result, Kansas has been required to open their sandhill crane season later than they had historically to assist in protecting whooping cranes. However, because significant numbers of sandhill cranes migrate through Kansas prior to the opening date, harvest opportunity has been lost. The hunting area in Kansas includes the western two-thirds of the State, but whooping cranes primarily migrate through only the eastern part of the hunting area. Allowing Kansas to divide their hunting area into two zones would allow an earlier opening date in the western part of the hunting area and improve hunting opportunity, while maintaining the current opening date in the eastern part of the hunting area would continue to protect whooping cranes. Extensive information on whooping crane sightings was used in determining the placement of the boundary between the central and western hunting zones, and the Service believes the boundary and different zone-specific season opening dates provide sufficient protection to whooping cranes.

We also agree with the recommendations of the Central and Pacific Flyway Councils to change the status of the season in Estancia Valley, New Mexico, from experimental to operational. The season is consistent with the requirements in the Central and Pacific Flyway Councils' RMP crane management plan. The experimental season required monitoring the level and racial composition of the harvest and to assign greater sandhill cranes harvested during this season to the RMP cranes quota. From 2001 to 2019, harvest in the Estancia Valley season was monitored via mandatory hunter check stations. In recent years, approximately one to two percent of the crane harvest comprised greater sandhill cranes (1-2 birds out of a harvest of approximately 100 birds in the Estancia Valley). New Mexico will continue to monitor the level and racial composition of the harvest in the Estancia Valley season using bill-measurement cards and assign greater cranes harvested to the RMP crane quota.

Finally, we also agree with the Central and Pacific Flyway Councils' recommendations to determine allowable harvest of RMP cranes using the formula in the Pacific and Central Flyway Councils' management plan for RMP cranes pending results of the fall 2019 abundance and recruitment surveys. As we discussed in the March 28, 2016,

Federal Register

(81 FR 17302), the harvest strategy used to calculate the allowable harvest of RMP cranes does not fit well within the current regulatory process. In developing the annual proposed frameworks for RMP cranes, the Flyway Councils and the Service use the fall abundance and recruitment surveys of RMP cranes to determine annual allowable harvest. Results of the fall abundance and recruitment surveys of RMP cranes are released between December 1 and January 31 each year, which is after the date proposed frameworks are developed. However, the data are typically available by the expected publication of final frameworks. When we acquire the survey data, we determine the appropriate allowable harvest for the RMP crane season according to the harvest strategy in the Central and Pacific Flyway Councils' management plan for RMP cranes published in the March 28, 2016,

Federal Register

(81 FR 17302) and publish the results in the final frameworks rule.

The 2019 fall RMP crane abundance estimate was 21,290 cranes, resulting in a 3-year (2017-19) average of 20,894 cranes, similar to the previous 3-year average, which was 21,219 cranes. The RMP crane recruitment estimate was 8.92 percent young in the fall population, resulting in a 3-year (2017-19) average of 8.25 percent, which is similar to the previous 3-year average of 8.22 percent. Using the current harvest strategy and the above most recent 3-year average abundance and recruitment estimates, the allowable harvest for the 2020-21 season is 1,536 cranes.

11. Moorhens and Gallinules

Similar to the situation for cackling geese discussed under 4. Canada Geese above, on April 16, 2020, we published in the

Federal Register

(85 FR 21282) a revised List of Migratory Birds protected under the Migratory Bird Treaty Act (MBTA) by both adding and removing species. Reasons for the changes to the list included adding species based on revised taxonomy and new evidence of natural occurrence in the United States or U.S. territories, removing species no longer known to occur within the United States or U.S. territories, and changing names to conform to accepted use. This rule went into effect on May 18, 2020, which was between the publication dates of the proposed frameworks (March 19, 2020) and these final frameworks for 2020-21 migratory bird hunting seasons. The revised List of Migratory Birds added the common gallinule (

Gallinula galeata

), which previously was considered conspecific with the common moorhen (

Gallinula chloropus

). However, the March 19, 2020, proposed frameworks specified hunting seasons for common moorhens. Because this change in the List of Migratory Birds represents only a change in the name of a species for which hunting was allowed, and because the change was made after the proposed frameworks were published, in this final rule and for the 2020-21 season, the regulations for common gallinules will be specified under the regulations for common moorhens and purple gallinules.

Council Recommendations:

The Atlantic, Mississippi, and Central Flyway Councils recommended a framework closing date of January 31 for moorhens and gallinules in the Atlantic, Mississippi, and Central Flyways.

Service Response:

We agree with the recommendations of the Atlantic, Mississippi, and Central Flyway Councils for a framework closing date of January 31 rather than the last Sunday in January for moorhens and gallinules in the Atlantic, Mississippi, and Central Flyways. The moorhens and gallinules season framework closing date traditionally has coincided with the duck, coot, and merganser season framework closing date. We earlier discussed under 1. Ducks, B. Regulatory Alternatives that last year we extended the duck, coot, and merganser season framework closing date from the last Sunday in January to January 31 across

all four Flyways as directed by the John D. Dingell, Jr. Conservation, Management, and Recreation Act, signed into law on March 12, 2019 (Pub. L. 116-9). Therefore, we are supportive of adjusting the moorhens and gallinules season framework closing date to again coincide with the duck, coot, and merganser season framework closing date, and expect this change to have negligible impacts to moorhen and gallinule population status.

12. Rails

Council Recommendations:

The Atlantic, Mississippi, Central, and Pacific Flyway Councils recommended a framework closing date of January 31 for rails in the Atlantic, Mississippi, Central, and Pacific Flyways.

Service Response:

We agree with the recommendations of the Atlantic, Mississippi, Central, and Pacific Flyway Councils for a framework closing date of January 31 rather than the last Sunday in January for rails in the Atlantic, Mississippi, Central, and Pacific Flyways. The rail season framework closing date traditionally has coincided with the duck, coot, and merganser season framework closing date. We earlier discussed under 1. Ducks, B. Regulatory Alternatives that last year we extended the duck, coot, and merganser season framework closing date from the last Sunday in January to January 31 across all four Flyways as directed by the John D. Dingell, Jr. Conservation, Management, and Recreation Act, signed into law on March 12, 2019 (Pub. L. 116-9). Therefore, we are supportive of adjusting the rail season framework closing date to again coincide with the duck, coot, and merganser season framework closing date, and expect this change to have negligible impact to rail population status.

14. Woodcock

Council Recommendations:

The Atlantic, Mississippi, and Central Flyway Councils recommended use of the “moderate” season framework for the 2020-21 season.

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 three-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 2020-21 season is appropriate.

16. Doves

Council Recommendations:

The Atlantic and Mississippi Flyway Councils recommended adoption of the standard regulatory alternative, which consists 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 adoption of the standard regulatory alternative, which consists of a 90-day season and 15-bird daily bag limit for States within the Central Management Unit.

The Pacific Flyway Council recommended adoption of the standard regulatory alternative, which consists of a 60-day season and 15-bird daily bag limit for States in the Western Management Unit (WMU). The Council also recommended allowing States in the WMU to select seasons in one or two zones with up to two segments per zone.

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 2020-21 season.

We also agree with the Pacific Flyway Council's recommendation to allow States in the WMU to select seasons in one or two zones with up to two segments per zone.

In 2004, we recognized the need to work with the States to review our current policy regarding zoning for dove hunting (69 FR 52970; August 30, 2004). We asked the Flyway Councils and Mourning Dove Management Unit Technical Committees to review the current policies regarding the use of zones and split seasons for dove hunting, with a view toward establishing guidelines for the use of these harvest-management tools, as has been done for ducks. Items considered included the number of zone and split-season configurations among which each State may choose, the frequency with which each State may change their configuration selection, and the need for a restricted framework opening date in south zones. In 2006, we adopted a set of guidelines for dove zones and split seasons applicable in the Eastern and Central Mourning Dove Management Units based on recommendations of the Atlantic, Mississippi, and Central Flyway Councils for use beginning in the 2007-08 season and conforming to those fixed five-year periods used for ducks,

e.g.,

2006-10 (71 FR 51406; August 29, 2006). These guidelines were not extended to the WMU at the time because they were not endorsed by the Pacific Flyway Council and no dove zones occurred in the WMU. Furthermore, the framework season length in the WMU was 30 consecutive days, except in Arizona and California where the season length was 60 days, and could be split into two segments.

The season length in the WMU was expanded to 60 days beginning with the 2014 hunting season. The Pacific Flyway Council is now requesting the same flexibility for zones and split seasons we have afforded to other MUs, with the exception that the WMU would be allowed only two season segments in one or both zones rather than three. Thus, we are supportive of extending the guidelines for dove zones and split seasons to the WMU, with the exception that seasons may be split into no more than two segments. Any State's zone and split-season configuration also must conform to those fixed five-year periods used for duck and dove guidelines for zones and split seasons,

e.g.,

2021-25. Dove harvest may increase slightly in those States where zones are established, particularly late in the season, but any additional harvest is expected to have negligible impact to dove population status. Finally, we will extend the deadline for States to select their zone and split-season configurations and to define potential new zone boundaries for the 2021-25 seasons to July 1, 2020, but we encourage States to submit their selections and zone boundaries as soon as possible (see C. Zones and Split Seasons, above).

For the 2021-25 seasons, the guidelines for dove zones and split seasons are as follows:

Guidelines for Dove Zones and Split Seasons

(1) A zone is a geographic area or portion of a State, with a contiguous boundary, for which independent seasons may be selected for dove hunting.

(2) Each State may select a zone and split-season configuration during an open season. The configuration must remain in place for the following five years except that each State may make a one-time change and revert to their previous zone and split-season configuration in any year of the five-year period. Formal approval will not be required, but the State must notify the Service before making the change.

(3) Zoning periods for dove hunting will conform to those years used for ducks,

e.g.,

2021-25.

(4) The zone and split-season configuration consists of two zones with the option for three-segment seasons in one or both zones, except in the WMU where the season in one or both zones may be split into two segments. As a grandfathered arrangement, Texas will have three zones with the option for two-segment seasons in one, two, or all three zones.

(5) States that do not wish to zone for dove hunting may split their seasons into three segments.

For the 2021-25 period, any State may continue the configuration used in 2016-20. If changes are made, the zone and split-season configuration must conform to one of the configurations listed above. If Texas uses a new configuration for the entirety of the five-year period, it cannot go back to the grandfathered arrangement that it previously had in place.

17. Alaska

Council Recommendations:

The Pacific Flyway Council recommended reducing the emperor goose total allowable harvest in Alaska from 1,000 to 500 geese.

Service Response:

We agree with the Pacific Flyway Council's recommendation. The Pacific Flyway Council revised their management plan for emperor geese in 2016. The management plan includes emperor goose population objectives, commitments to monitor population status, and a harvest strategy. The fall-winter harvest of emperor geese in Alaska was resumed as a registration permit hunt in 2017 after more than 30 years of closed seasons. The Council's harvest strategy is based on emperor goose abundance during spring on the Yukon-Kuskokwim Delta Coastal Zone and thresholds for prescribed regulatory alternatives. The harvest strategy specifies an open hunting season with an annual allowable harvest of 1,000 emperor geese if the spring abundance index is greater than 23,000 geese; but when the spring abundance index is between 23,000 and 28,000 geese, restrictions will be considered, specifically reducing the allowable harvest from 1,000 to 500 birds. The 2019 emperor goose spring abundance index was 26,585 (95% CI = 24,161-29,008), which is below the Pacific Flyway Council's population objective of 34,000 geese. The abundance index was also below the 28,000-bird threshold, which triggers consideration of reducing the allowable harvest quota from 1,000 to 500 birds for the 2020-21 season.

19. Puerto Rico

Council Recommendations:

The Atlantic Flyway Council recommended increasing the daily bag limit from 20 to 30 doves in the aggregate in Puerto Rico beginning with the 2020-21 season. The daily bag may not exceed 3 mourning doves and 10 Zenaida doves, as in the current regulation, but may be as high as 30 white-winged doves per hunter daily.

Service Response:

We agree with the Atlantic Flyway Council's recommendation. White-winged dove abundance is estimated to be approximately 1.04 million birds in Puerto Rico, which is above the target population of 0.5-0.7 million birds. The increase in the white-winged dove daily bag limit from 20 to 30 birds is expected to increase their harvest rate by 8 percent from 36.7 to 44.7 percent and reduce total population size of white-winged doves in Puerto Rico to 0.95 million birds, which is above the target population of 0.5-0.7 million birds. Retaining the daily bag limit restrictions on mourning and Zenaida doves will result in this regulation change having a negligible impact on those species.

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 2020-21,” with its corresponding June 2020 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

ADDRESSES

.

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. After we published the October 15, 2019, proposed rule, 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. The biological opinion resulting from this section 7 consultation is 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 2020-21 season. This analysis

was based on data from the 2016 National Survey of Fishing, Hunting, and Wildlife-Associated Recreation (National 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 2019-20 season, (2) issue moderate regulations allowing more days than those in alternative 1, and (3) issue liberal regulations similar to the regulations in the 2019-20 season. For the 2020-21 season, we chose Alternative 3, with an estimated consumer surplus across all flyways of $263-$347 million with a mid-point estimate of $305 million. We also chose alternative 3 for the 2009-10 through 2019-20 seasons. The 2020-21 analysis is part of the record for this rule and is available at

http://www.regulations.gov

at Docket No. FWS-HQ-MB-2019-0004.

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 Survey, which is generally conducted at 5-year intervals. The 2020 Analysis is based on the 2016 National Survey and the U.S. Department of Commerce's County Business Patterns, from which it was estimated that migratory bird hunters would spend approximately $2.1 billion at small businesses in 2020. Copies of the analysis are available upon request from the Division of Migratory Bird Management (see

ADDRESSES

) or from

http://www.regulations.gov

at Docket No. FWS-HQ-MB-2019-0004.

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 06/30/2021).

• 1018-0023, “Migratory Bird Surveys, 50 CFR 20.20” (expires 04/30/2023). 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

de minimis

effects on Indian trust resources. We solicited proposals for special migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands for the 2020-21 migratory bird hunting season in the October 15, 2019, proposed rule (84 FR 55120). The resulting proposals were contained in a separate April 2, 2020, proposed rule (85 FR 18532) and will be finalized in a rule in August 2020. Through this process to establish annual hunting regulations, we regularly coordinate with tribes that would be 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 2020-21 hunting season. 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 2020-21 seasons. The rules that eventually will be promulgated for the 2020-21 hunting season are authorized under 16 U.S.C. 703-712 and 742 a-j.

List of Subjects in 50 CFR Part 20

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

John Tanner,

Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.

Final Regulations Frameworks for 2020-21 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, 2020, and March 10, 2021. These frameworks are summarized below.

General

Dates:

All outside dates specified below are inclusive.

Season Lengths:

All season lengths specified below are the maximum allowed.

Season segments:

All season segments specified below are the maximum allowed.

Zones:

Unless otherwise specified, States may select hunting seasons by zone. Zones for duck seasons (and associated youth and veterans—active military waterfowl hunting days, moorhen and gallinule seasons, and snipe seasons) and dove seasons may be selected only in years we declare such changes can be made (

i.e.,

open seasons for zones and splits) and according to federally established guidelines for duck and dove zones and split seasons. Areas open to hunting must be described, delineated, and designated as such in each State's hunting regulations and published in the

Federal Register

as a Federal migratory bird hunting frameworks final rule.

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 such 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

We set migratory bird hunting frameworks for the conterminous U.S. States by Flyway or Management Unit/Region. Frameworks for Alaska, Hawaii, Puerto Rico, and the Virgin Islands are contained in separate sections near the end of the frameworks portion of this document. The States included in the Flyways and Management Units/Regions are described below.

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

Mallard Management Units

High Plains 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,

below, for specific boundaries in each State.

Columbia Basin 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.

Definitions

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

Canada geese:

Canada geese and cackling geese.

Dark geese:

Canada geese, white-fronted geese, brant (except in Alaska, California, Oregon, Washington, and the Atlantic Flyway), and all other goose species except light geese.

Light geese:

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

Area, Zone, and Unit Descriptions:

Geographic descriptions related to regulations are contained in a later portion of this document.

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 of migratory birds is prohibited Statewide by State law or regulation, all Sundays are closed to the take of all migratory game birds.

Special Youth and Veterans—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. The daily bag limits are the same as those allowed in the regular season frameworks except in States that are allowed a daily bag limit of 1 or 2 scaup during different portions of the season, in which case the bag limit is 2 scaup per day. 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 be taken only 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 be taken only 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 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.

Waterfowl

Atlantic Flyway

Ducks, Mergansers, and Coots

Outside Dates:

Between the Saturday nearest September 24 (September 26) 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 canvasbacks, 4 scoters, 4 eiders, and 4 long-tailed ducks. For scaup, the daily bag limit may be 2 for up to 20 consecutive days and 1 for the remainder of the season; these days may be split according to applicable duck hunting zone and split-season configurations approved for each State.

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 may select seasons in each of 2 zones; Maine, Massachusetts, New Hampshire, New Jersey, and Vermont may select seasons in each of 3 zones; Pennsylvania may select seasons in each of 4 zones; and New York may select seasons in each of 5 zones; and all these States may split their season in each zone into 2 segments.

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 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

Season Lengths and Outside Dates:

A Canada goose season of not more than 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 provided below by State. These seasons may also include white-fronted geese in an aggregate daily bag limit. Unless subsequently provided, seasons may be split into 2 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 24) 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 24), 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 26) 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 24) 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 Zone:

A 14-day season may be held between the Saturday prior to December 25 (December 19) 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 3) 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 24) 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 24) 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.

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. Seasons may be split into 3 segments.

Brant

Season Lengths, Outside Dates, and Limits:

States may select a 50-day season between the Saturday nearest September 24 (September 26) and January 31, with a 2-bird daily bag limit. Seasons may be split into 2 segments.

Mississippi Flyway

Ducks, Mergansers, and Coots

Outside Dates:

Between the Saturday nearest September 24 (September 26) and January 31.

Hunting Seasons and Duck Limits:

60 days. The daily bag limit is 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, and 2 redheads. For scaup, the daily bag limit may be 2 for up to 45 consecutive days and 1 for the remainder of the season; these days may be split according to applicable duck hunting zone and split-season configurations approved for each State.

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:

Alabama, Arkansas, and Mississippi may split their seasons into 3 segments. Kentucky and Tennessee may select seasons in each of 2 zones; and Indiana, Iowa, Louisiana, Michigan, Minnesota, Missouri, Ohio, and Wisconsin may select seasons in each of 3 zones; and all these States may split their season in each zone into 2 segments. Illinois may select seasons in each of 4 zones.

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 the 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 4 segments.

Central Flyway

Ducks, Mergansers, and Coots

Outside Dates:

Between the Saturday nearest September 24 (September 26) 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 12).

Remainder of the Central Flyway:

74 days.

Duck Limits:

The daily bag limit is 6 ducks, including no more than 5 mallards (no more than 2 of which may be females), 2 redheads, 3 wood ducks, 1 pintail, and 2 canvasbacks. The daily bag limit for scaup is 1 and the season for scaup may be split into 2 segments, with one segment consisting of 39 consecutive days and another segment consisting of 35 consecutive days. 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.

North Dakota may split their season into 3 segments. Montana, New Mexico, Oklahoma, and Texas may select seasons in each of 2 zones; and Colorado, Kansas, South Dakota, and Wyoming may select seasons in each of 3 zones; and all these States may split their season in each zone into 2 segments. Nebraska may select seasons in each of 4 zones.

Geese

Special Early Canada Goose Seasons

Season Lengths, Outside Dates, and Limits:

In Kansas, Nebraska, Oklahoma, South Dakota, and Texas, Canada goose seasons of not more than 30 days during September 1-30 may be selected. In Colorado, New Mexico, Montana, and Wyoming, Canada goose seasons of not more than 15 days during September 1-15 may be selected. In North Dakota, Canada goose seasons of not more than 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

Season Lengths, Outside Dates, and Limits

Outside Dates:

For dark geese, seasons may be selected between the outside dates of the Saturday nearest September 24 (September 26) and the Sunday nearest February 15 (February 14). For light geese, outside dates for seasons may be selected between the Saturday nearest September 24 (September 26) 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.

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.

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.

Split Seasons:

Seasons for geese may be split into 3 segments. Three-segment 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.

Pacific Flyway

Ducks, Mergansers, and Coots

Outside Dates:

Between the Saturday nearest September 24 (September 26) 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, 2 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 in the aggregate.

Zoning and Split Seasons:

Montana and New Mexico may split their seasons into 3 segments. Arizona, Colorado, Oregon, Utah, Washington, and Wyoming may select seasons in each of 2 zones; Nevada may select seasons in each of 3 zones; and California may select seasons in each of 5 zones; and all these States may split their season in each zone into 2 segments. Idaho may select seasons in each of 4 zones.

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 not more than 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 provided, 107-day seasons may be selected with outside dates between the Saturday nearest September 24 (September 26) and January 31. 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 27-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 provided, 107-day seasons may be selected with outside dates between the Saturday nearest September 24 (September 26) and March 10. The daily bag limit is 10.

Light Geese:

Except as subsequently provided, 107-day seasons may be selected with outside dates between the Saturday nearest September 24 (September 26) and March 10. The daily bag limit is 20.

Split Seasons:

Seasons may be split into 3 segments. Three-segment 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 26) 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 January 31 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 31).

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 26) and March 10. Canada goose and white-fronted 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 26) and March 10. Canada goose and white-fronted goose seasons may be split into 3 segments. The daily bag limit of Canada geese is 6. Hunting days that occur after January 31 should be concurrent with California's North Coast Special Management Area.

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 26) and the first Sunday in February (February 7).

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 in each zone with outside dates between the Saturday nearest September 24 (September 26) and March 10. Canada goose and white-fronted goose seasons may be split into 3 segments.

Area 4:

Canada goose and white-fronted 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

Pacific Flyway

In portions of the Pacific Flyway (Idaho, 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 26) and January 31.

Hunting Seasons:

Seasons may not exceed 107 days, and may be split into 2 segments.

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 50 in Idaho, 500 in Montana, 650 in Nevada, and 2,750 in Utah.

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 Idaho and 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 January 2019 regarding harvest monitoring, season closure procedures, and education requirements to minimize take of trumpeter swans during the swan season.

Atlantic and Central Flyways

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 swans may be selected. Permits will be issued by the States that authorize the take of no more than 1 swan per permit. A second permit may be issued to hunters from unused permits remaining after the first drawing.

Monitoring:

Each State must evaluate hunter participation, species-specific swan harvest, and hunter compliance in providing measurements 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 measurements of harvested swans for species identification. 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 lieu of a general swan hunting season, States may select a season only for tundra swans. States selecting a season only for tundra swans must obtain harvest and hunter participation data.

These general swan seasons and tundra swan 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 67 permits may be issued. The season is experimental.

—In North Carolina, no more than 4,895 permits may be issued.

—In Virginia, no more than 638 permits may be issued.

In the Central Flyway

—The season may be 107 days, between the Saturday nearest October 1 (October 3) and January 31.

—In the Central Flyway portion of Montana, no more than 500 permits may be issued.

—In North Dakota, no more than 2,200 permits may be issued.

—In South Dakota, no more than 1,300 permits may be issued.

Sandhill Cranes

Regular Seasons in the Mississippi Flyway

Outside Dates:

Between September 1 and February 28 in Minnesota, and between September 1 and January 31 in Alabama, Kentucky, and Tennessee.

Hunting Seasons:

A season not to exceed 37 consecutive days may be selected in the designated portion of northwestern Minnesota (Northwest Goose Zone), and a season not to exceed 60 consecutive days in Alabama, Kentucky, and Tennessee. The season in Alabama is experimental.

Daily Bag Limit:

1 sandhill crane in Minnesota, 2 sandhill cranes in Kentucky, and 3 sandhill cranes in Alabama and Tennessee. In Alabama, Kentucky, and Tennessee, the seasonal bag limit is 3 sandhill cranes.

Permits:

Each person participating in the regular sandhill crane seasons must have a valid State sandhill crane hunting permit.

Other Provisions:

The number of permits (where applicable), open areas, season dates, protection plans for other species, and other provisions of seasons must be consistent with the management plans and approved by the Mississippi Flyway Council.

Regular Seasons in the Central Flyway

Outside Dates:

Between September 1 and February 28.

Hunting Seasons:

Seasons not to exceed 37 consecutive days may be selected in designated portions of Texas (Area 2). Seasons not to exceed 58 consecutive days may be selected in designated portions of the following States: Colorado, Kansas, Montana, North Dakota, South Dakota, and Wyoming. Seasons not to exceed 93 consecutive days may be selected in designated portions of the following States: New Mexico, Oklahoma, and Texas.

Daily Bag Limits:

3 sandhill cranes, except 2 sandhill cranes in designated portions of North Dakota (Area 2) and Texas (Area 2).

Permits:

Each person participating in the regular sandhill crane season must have a valid Federal or State sandhill crane hunting permit.

Special Seasons in the Central and Pacific Flyways

Arizona, Colorado, Idaho, Montana, New Mexico, Utah, and Wyoming may select seasons for hunting sandhill cranes within the range of the Rocky Mountain Population (RMP) of sandhill cranes subject to the following conditions:

Outside Dates:

Between September 1 and January 31.

Hunting Seasons:

The season in any State or zone may not exceed 60 days, and may be split into 3 segments.

Bag limits:

Not to exceed 3 daily and 9 per season.

Permits:

Participants must have a valid permit, issued by the appropriate State, in their possession while hunting.

Other Provisions:

Numbers of permits, open areas, season dates, protection plans for other species, and other provisions of seasons must be consistent with the management plan and approved by the Central and Pacific Flyway Councils, with the following exceptions:

A. In Utah, 100 percent of the harvest will be assigned to the RMP crane quota;

B. In Arizona, monitoring the racial composition of the harvest must be conducted at 3-year intervals unless 100 percent of the harvest will be assigned to the RMP crane quota;

C. In Idaho, 100 percent of the harvest will be assigned to the RMP crane quota; and

D. In the Estancia Valley hunt area of New Mexico, the level and racial composition of the harvest must be monitored; greater sandhill cranes in the harvest will be assigned to the RMP crane quota.

Common Moorhens and Purple Gallinules

Outside Dates:

Between September 1 and January 31 in the Atlantic, Mississippi, and Central Flyways. States in the Pacific Flyway may select their hunting seasons between the outside dates for the season on ducks, mergansers, and coots; therefore, Pacific Flyway frameworks for common moorhens and purple gallinules are included with the duck, merganser, and coot frameworks.

Hunting Seasons and Daily Bag Limits:

Seasons may not exceed 70 days in the Atlantic, Mississippi, and Central Flyways. Seasons may be split into 2 segments. The daily bag limit is 15 common moorhens and purple gallinules in the aggregate.

Zoning:

Seasons may be selected by zones established for duck hunting.

Rails

Outside Dates:

States included herein may select seasons between September 1 and January 31 on clapper, king, sora, and Virginia rails.

Hunting Seasons:

Seasons may not exceed 70 days, and may be split into 2 segments.

Daily Bag Limits

Clapper and King Rails:

In Connecticut, Delaware, Maryland, New Jersey, and Rhode Island, 10 rails in the aggregate. In Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Texas, and Virginia, 15 rails in the aggregate.

Sora and Virginia Rails:

In the Atlantic, Mississippi, and Central Flyways and the Pacific Flyway portions of Colorado, Montana, New Mexico, and Wyoming, 25 rails in the aggregate. The season is closed in the remainder of the Pacific Flyway.

Snipe

Outside Dates:

Between September 1 and February 28, except in Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont, and Virginia, where the season must end no later than January 31.

Hunting Seasons and Daily Bag Limits:

Seasons may not exceed 107 days and may be split into 2 segments. The daily bag limit is 8 snipe.

Zoning:

Seasons may be selected by zones established for duck hunting.

American Woodcock

Outside Dates:

States in the Eastern Management Region may select hunting seasons between October 1 and January 31. States in the Central Management Region may select hunting seasons between the Saturday nearest September 22 (September 19) and January 31.

Hunting Seasons and Daily Bag Limits:

Seasons may not exceed 45 days in the Eastern and Central Regions. The daily bag limit is 3. Seasons may be split into 2 segments.

Zoning:

New Jersey may select seasons in each of two zones. The season in each zone may not exceed 36 days.

Band-Tailed Pigeons

Pacific Coast States (California, Oregon, Washington, and Nevada)

Outside Dates:

Between September 15 and January 1.

Hunting Seasons and Daily Bag Limits:

Not more than 9 consecutive days, with a daily bag limit of 2.

Zoning:

California may select hunting seasons not to exceed 9 consecutive days in each of 2 zones. The season in the North Zone must close by October 3.

Four-Corners States (Arizona, Colorado, New Mexico, and Utah)

Outside Dates:

Between September 1 and November 30.

Hunting Seasons and Daily Bag Limits:

Not more than 14 consecutive days, with a daily bag limit of 2.

Zoning:

New Mexico may select hunting seasons not to exceed 14 consecutive days in each of 2 zones. The season in the South Zone may not open until October 1.

Doves

Outside Dates:

Between September 1 and January 31 in the Eastern Management Unit, and between September 1 and January 15 in the Central and Western Management Units, except as subsequently provided, States may select hunting seasons and daily bag limits as follows:

Eastern Management Unit

Hunting Seasons and Daily Bag Limits:

Not more than 90 days, with a daily bag limit of 15 mourning and white-winged doves in the aggregate.

Zoning and Split Seasons:

Seasons may be split into 3 segments; Alabama, Louisiana, and Mississippi may select seasons in each of 2 zones, and may split their season in each zone into 3 segments.

Central Management Unit

For all States Except Texas

Hunting Seasons and Daily Bag Limits:

Not more than 90 days, with a daily bag limit of 15 mourning and white-winged doves in the aggregate.

Zoning and Split Seasons:

Seasons may be split into 3 segments; New Mexico may select seasons in each of 2 zones and may split their season in each zone into 3 segments.

Texas

Hunting Seasons and Daily Bag Limits:

Not more than 90 days, with a daily bag limit of 15 mourning, white-winged, and white-tipped doves in the aggregate, of which no more than 2 may be white-tipped doves.

Zoning and Split Seasons:

Texas may select hunting seasons for each of 3 zones subject to the following conditions:

A. The season may be split into 2 segments, except in that portion of Texas in which the special white-winged dove season is allowed, where a limited take of mourning and white-tipped doves may also occur during that special season (see Special White-winged Dove Area in Texas, below).

B. A season may be selected for the North and Central Zones between September 1 and January 25; and for the South Zone between September 14 and January 25.

Special White-Winged Dove Area in Texas

In addition, Texas may select a hunting season of not more than 4 days for the Special White-winged Dove Area between September 1 and September 19. The daily bag limit may not exceed 15 white-winged, mourning, and white-tipped doves in the aggregate, of which no more than 2 may be mourning doves and no more than 2 may be white-tipped doves.

Western Management Unit

Hunting Seasons and Daily Bag Limits

Idaho, Nevada, Oregon, Utah, and Washington:

Not more than 60 days, which may be split between 2 segments. The daily bag limit is 15 mourning and white-winged doves in the aggregate.

Arizona

and

California:

Not more than 60 days, which may be split between 2 segments, September 1-15 and November 1-January 15. In Arizona, during the first segment of the season, the daily bag limit is 15 mourning and white-winged doves in the aggregate, of which no more than 10 could be white-winged doves. During the remainder of the season, the daily bag limit is 15 mourning doves. In

California, the daily bag limit is 15 mourning and white-winged doves in the aggregate, of which no more than 10 could be white-winged doves.

Alaska

Outside Dates:

Between September 1 and January 26.

Hunting Seasons:

Except as subsequently provided, not more than 107 consecutive days for waterfowl, sandhill cranes, and common snipe concurrent in each of 5 zones. The season may be split into 2 segments in the Kodiak Zone.

Closures:

The hunting season is closed on spectacled eiders and Steller's eiders.

Daily Bag and Possession Limits

Ducks:

Except as subsequently provided, the basic daily bag limit is 7 ducks. Basic daily bag limit in the North Zone is 10, and in the Gulf Coast Zone is 8. The basic daily bag limits may include no more than 2 canvasbacks daily and may not include sea ducks.

In addition to the basic daily bag limits, Alaska may select sea duck limits of 10 daily in the aggregate, including no more than 6 each of either harlequin or long-tailed ducks. Sea ducks include scoters, common and king eiders, harlequin ducks, long-tailed ducks, and common and red-breasted mergansers.

Light Geese:

The daily bag limit is 6.

Canada Geese:

The daily bag limit is 4 with the following exceptions:

A. In Units 5 and 6, the taking of Canada geese is permitted from September 28 through December 16.

B. On Middleton Island in Unit 6, a special, permit-only Canada goose season may be offered. A mandatory goose identification class is required. Hunters must check in and check out. The bag limit is 1 daily and 1 in possession. The season will close if incidental harvest includes 5 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.

C. In Units 9, 10, 17, and 18, the daily bag limit is 6 Canada geese.

White-fronted Geese:

The daily bag limit is 4 with the following exceptions:

A. In Units 9, 10, and 17, the daily bag limit is 6 white-fronted geese.

B. In Unit 18, the daily bag limit is 10 white-fronted geese.

Emperor Geese:

Open seasons for emperor geese may be selected subject to the following conditions:

A. All seasons are by permit only.

B. No more than 1 emperor goose may be harvested per hunter per season.

C. Total harvest may not exceed 500 emperor geese.

D. In State Game Management Unit 8, the Kodiak Island Road Area is closed to hunting. The Kodiak Island Road Area consists of all lands and water (including exposed tidelands) east of a line extending from Crag Point in the north to the west end of Saltery Cove in the south and all lands and water south of a line extending from Termination Point along the north side of Cascade Lake extending to Anton Larsen Bay. Marine waters adjacent to the closed area are closed to harvest within 500 feet from the water's edge. The offshore islands are open to harvest, for example: Woody, Long, Gull, and Puffin islands.

Brant:

The daily bag limit is 2.

Snipe:

The daily bag limit is 8.

Sandhill Cranes:

The daily bag limit is 2 in the Southeast, Gulf Coast, Kodiak, and Aleutian Zones, and Unit 17 in the North Zone. In the remainder of the North Zone (outside Unit 17), the daily bag limit is 3.

Tundra Swans:

Open seasons for tundra swans may be selected subject to the following conditions:

A. All seasons are by permit only.

B. All season framework dates are September 1-October 31.

C. In Unit 17, no more than 200 permits may be issued during this operational season. No more than 3 tundra swans may be authorized per permit, with no more than 1 permit issued per hunter per season.

D. In Unit 18, no more than 500 permits may be issued during the operational season. No more than 3 tundra swans may be authorized per permit. No more than 1 permit may be issued per hunter per season.

E. In Unit 22, no more than 300 permits may be issued during the operational season. No more than 3 tundra swans may be authorized per permit. No more than 1 permit may be issued per hunter per season.

F. In Unit 23, no more than 300 permits may be issued during the operational season. No more than 3 tundra swans may be authorized per permit. No more than 1 permit may be issued per hunter per season.

Hawaii

Outside Dates:

Between October 1 and January 31.

Hunting Seasons:

Not more than 65 days (75 under the alternative) for mourning doves.

Bag Limits:

Not to exceed 15 (12 under the alternative) mourning doves.

Note:

Mourning doves may be taken in Hawaii in accordance with shooting hours and other regulations set by the State of Hawaii, and subject to the applicable provisions of 50 CFR part 20.

Puerto Rico

Doves and Pigeon

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