# Migratory Bird Hunting; Final 2023-24 Frameworks for Migratory Bird Hunting Regulations

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A2023-17175

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** August 11, 2023
- **Citation:** 88 FR 54830

## Text

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS-HQ-MB-2022-0090; FF09M31000-234-FXMB1231099BPP0]
RIN 1018-BF64
Migratory Bird Hunting; Final 2023-24 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) is establishing the final frameworks from which States may select season dates, limits, and other options for the 2023-24 migratory game bird hunting season. We annually prescribe outside limits (which we call “frameworks”) within which States may select hunting seasons. Frameworks specify the outside dates, season lengths, shooting hours, bag and possession limits, and areas where migratory game bird hunting may occur. 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 11, 2023.

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
https://www.regulations.gov
at Docket No. FWS-HQ-MB-2022-0090. You may obtain copies of referenced reports from the street address above, or from the Division of Migratory Bird Management's website at
https://www.fws.gov/migratorybirds/,
or at
https://www.regulations.gov
at Docket No. FWS-HQ-MB-2022-0090.

FOR FURTHER INFORMATION CONTACT:

Jerome Ford, U.S. Fish and Wildlife Service, Department of the Interior, (703) 358-2606. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION:

Process for Establishing Annual Migratory Game Bird Hunting Regulations

The process for promulgating annual regulations for the hunting of migratory game birds involves the publication of a series of proposed and final rulemaking documents. We provided a detailed overview of the current 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 2023-24 migratory game bird-hunting season in title 50 of the Code of Federal Regulations (CFR).

On November 3, 2022, we published in the
Federal Register
(87 FR 66247) a proposal to amend 50 CFR part 20. The proposal provided a background and overview of the migratory bird hunting regulations process and addressed the establishment of seasons, limits, and other regulations for hunting migratory game birds under §§ 20.101 through 20.107, 20.109, and 20.110 of subpart K. Major steps in the 2023-24 regulatory cycle relating to open public meetings and
Federal Register
notifications were illustrated in the diagram at the end of the November 3, 2022, 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, in the November 3, 2022, proposed rule we explained that all sections of subsequent documents that are part of this rulemaking action would be organized under numbered headings, which were set forth in that document (see 87 FR 66247). This document refers only to numbered items requiring attention and omits those items not requiring attention. Therefore, the numbered items are discontinuous, and the list appears to be incomplete.

We provided the meeting dates and locations for the Service Regulations Committee (SRC) on our website at
https://www.fws.gov/event/us-fish-and-wildlife-service-migratory-bird-regulations-committee-meeting
and Flyway Council meetings on Flyway calendars posted on our website at
https://www.fws.gov/partner/migratory-bird-program-administrative-flyways.
The November 3, 2022, proposed rule provided detailed information on the proposed 2023-24 regulatory schedule. The SRC conducted an open meeting with the Flyway Council Consultants on April 19, 2022, to discuss preliminary issues for the 2023-24 regulations, and on October 12-13, 2022, to review information on the current status of migratory game birds and develop recommendations for the 2023-24 regulations for these species.

On January 30, 2023, we published in the
Federal Register
(88 FR 6054) the proposed regulatory frameworks for the 2023-24 migratory game bird hunting season. We have considered all pertinent comments received, which includes comments submitted in response to our November 3 and January 30 proposed rulemaking documents and comments from the October SRC meeting. This document establishes final regulatory frameworks for the 2023-24 migratory game bird hunting season and includes no substantive changes from the January 30, 2023, proposed rule. We will publish State season 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 game bird species. These reports are available at the address indicated under
FOR FURTHER INFORMATION CONTACT
or from our website at
https://www.fws.gov/library/collections/population-status, https://www.fws.gov/library/collections/migratory-bird-hunting-activity-and-harvest-reports,
and
https://www.fws.gov/project/adaptive-harvest-management.

We used the following annual reports published in August 2022 in the development of these regulatory frameworks for the 2023-24 migratory game bird hunting season:

• Adaptive Harvest Management, 2023 Hunting Season;

• American Woodcock Population Status, 2022;

• Band-tailed Pigeon Population Status, 2022;

• Migratory Bird Hunting Activity and Harvest During the 2020-21 and 2021-22 Hunting Seasons;

• Mourning Dove Population Status, 2022;

• Status and Harvests of Sandhill Cranes, Mid-continent, Rocky Mountain, Lower Colorado River Valley and Eastern Populations, 2022; and

• Waterfowl Population Status, 2022.

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. 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. 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 November 3, 2022,
Federal Register
, opened the public comment period for migratory game bird hunting regulations and described the proposed regulatory alternatives for the 2023-24 duck hunting season. Comments and recommendations are summarized below and numbered in the order set forth in the November 3, 2022, proposed rule (see 87 FR 66247).

We received recommendations from all four Flyway Councils at the April and September SRC meetings; all recommendations are from the September meeting unless otherwise noted. 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 commenters protested the entire migratory bird hunting regulations process and the killing of all migratory birds and questioned the status and habitat data on which the migratory bird hunting regulations are based. A few commenters were concerned that highly pathogenic avian influenza (HPAI) and windmills were causing avian mortality that was not being accounted for in our monitoring program. Another comment discussed potential conflicts between harvesting wild rice and teal hunting.

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. Sustaining migratory bird populations and ensuring a variety of sustainable uses, including harvest, is consistent with the guiding principles by which migratory birds are to be managed under the conventions between the United States and several foreign nations for the protection and management of these birds. We have taken into account available information and considered public comments and continue to conclude that the hunting seasons provided for herein are compatible with the current status of migratory bird populations and long-term population goals. In regard to the regulations process, the Flyway Council system of migratory bird management has been a longstanding example of State-Federal cooperative management since its establishment in 1952 in the regulation development process and bird population and habitat monitoring. However, as always, we continue to seek new ways to streamline and improve the process and ensure adequate conservation of the resource.

In addition, we are working with partners to monitor HPAI and windmill mortality of migratory birds, and we anticipate that our current monitoring programs will detect any significant changes to migratory game bird populations. Also, many windmills are sited in areas away from most waterfowl habitat (as the wetland grounds and prairie potholes are generally not stable surfaces for large windmills), and with many waterfowl being active during the day they can avoid windmills. As for HPAI, the Service currently chairs “The Interagency Steering Committee for Avian Influenza Surveillance in Wild Migratory Birds,” which has increased avian influenza surveillance of wild birds across the country. To ensure effective surveillance, we are coordinating with partners so that there can be early detection, rapid communications, quick and accurate laboratory diagnosis, relay of diagnostic findings back to the field, to decision makers, and the public, as well as implementation of prevention and management actions where necessary.

Finally, we have facilitated meetings to understand the potential conflict between harvesting wild rice and teal hunting. These activities are not mutually exclusive, and based on the facilitated meetings held we remain optimistic that those discussions will result in local solutions that minimize potential conflicts.

1. Ducks

A. General Harvest Strategy

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

Service Response:
As we stated in the November 3, 2022, proposed rule, we intend to continue use of Adaptive Harvest Management (AHM) to help determine appropriate duck-hunting regulations for the 2023-24 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 for the Mississippi, Central, and Pacific Flyways based on the status and demographics of mallards and in the Atlantic Flyway based on the status and demographics of a suite of four species (eastern waterfowl) (see below, and the earlier referenced report “Adaptive Harvest Management, 2023 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, pintails, and eastern mallards, within the general duck season. These protocols use the same outside season dates and lengths as those regulatory alternatives for the 2023-24 general duck season.

For the 2023-24 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(s) that contribute 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).

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 Waterfowl Breeding Population and Habitat Survey (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). Abundance 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. Abundance 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 2023-24 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 2023-24 regulatory alternatives; and (3) current stock-specific population models and associated weights. Based on the liberal regulatory alternative selected for the 2022-23 duck hunting season and the 2022 survey estimates of 0.32 million American green-winged teal, 1 million wood ducks, 0.64 million ring-necked ducks, and 0.71 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 November 3, 2022, proposed rule for the 2023-24 season (87 FR 66247).

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 and the United States). 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 2023-24 hunting season, we evaluated alternative harvest regulations for mid-continent mallards using: (1) A management objective of maximum long-term sustainable harvest; (2) the 2023-24 regulatory alternatives; and (3) the current population model. Based on a liberal regulatory alternative selected for the 2022-23 hunting season and the 2022 survey estimates of 7.16 million mid-continent mallards and 5.45 million total ponds observed in Prairie Canada and the United States, the optimal choice for the 2023-24 hunting season in the Mississippi and Central Flyways is the liberal regulatory 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 November 3, 2022, proposed rule for the 2023-24 season (87 FR 66247).

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 2023-24 hunting season, we evaluated alternative harvest regulations for western mallards using: (1) A management objective of maximum long-term sustainable harvest; (2) the 2023-24 regulatory alternatives; and (3) the current population model. Based on a liberal regulatory alternative selected for the 2022-23 hunting season and the 2022 survey estimates of 1.04 million western mallards in Alaska (0.61 million) and the southern Pacific Flyway (0.43 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 November 3, 2022, proposed rule for the 2023-24 season (87 FR 66247).

B. Regulatory Alternatives

Council Recommendations:
At the April SRC meeting, the Atlantic, Mississippi, Central, and Pacific Flyway Councils recommended that AHM regulatory alternatives for duck hunting during the 2023-24 season remain the same as those used in the previous season.

Service Response:
Consistent with Flyway Council recommendations, the AHM regulatory alternatives proposed for the Atlantic, Mississippi, Central, and Pacific Flyways in the November 3, 2022, proposed rule (87 FR 66247) will be used for the 2023-24 hunting season (see accompanying table at the end of that document for specific information). The AHM regulatory alternatives consist only of the maximum season lengths, framework dates, and bag limits for total ducks and mallards. Restrictions for certain species within these frameworks that are not covered by existing harvest strategies will be addressed elsewhere in these frameworks. For those species with specific harvest strategies (pintails, black ducks, scaup, and eastern mallards), those strategies will again be used for the 2023-24 hunting season.

D. Special Seasons/Species Management

i. Early Teal Seasons

The special early teal season guidelines (see 79 FR 51402, August 28, 2014; p. 51403) indicate that a 16-day special early (September) teal season with a 6-teal daily bag limit is appropriate for States in the Atlantic, Mississippi, and Central Flyways if the Federal WBPHS (traditional survey area; strata 1-18, 20-50, and 75-77) estimate is greater than 4.7 million blue-winged teal. The 2022 survey estimate was 6.49 million blue-winged teal, indicating a 16-day special early teal season with a 6-teal daily bag limit is warranted.

ii. Early Teal-Wood Duck Seasons

In Florida, Kentucky, and Tennessee, in lieu of a special early teal season, a 5-consecutive-day teal-wood duck season may be selected in September. The daily bag limit may not exceed six teal and wood ducks in the aggregate, of which no more than two may be wood ducks. In addition, a 4-consecutive-day special early 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 six teal.

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, the 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 2023-24 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 moderate regulatory alternative selected for the 2022-23 hunting season and the 2022 survey estimates of 0.57 million breeding black ducks and 0.52 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.

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 2022 survey estimate of 585,000 canvasbacks, we concur with the recommendations of the four Flyway Councils regarding selection of the liberal regulatory alternative for the 2023-24 season.

v. Pintails

Council Recommendations:
The Atlantic, Mississippi, Central, and Pacific Flyway Councils recommended adoption of the liberal regulatory alternative with a 1-pintail daily bag limit for their respective flyways. The flyway-specific regulations consist of 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 2023-24 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 2022-23 season, and the 2022 survey estimates of 1.78 million pintails at a mean latitude of 57.31 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 with a 1-pintail daily bag limit. Therefore, we concur with the recommendations of the four Flyway Councils.

vi. Scaup

Council Recommendations:
The Atlantic, Mississippi, Central, and Pacific Flyway Councils recommended adoption of the restrictive regulatory alternative for the 2023-24 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 (which may have separate segments of 39 days and 35 days), 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 2023-24 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 restrictive regulatory alternative for the 2022-23 season, and the 2022 survey estimate of 3.60 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.

vii. Mottled Ducks

Council Recommendations:
The Mississippi Flyway Council recommended that high-harvest States in the flyway reduce harvest of mottled ducks by 50 percent by setting a bag limit of zero (0) for the first 15 days of the general duck season for a minimum of 3 years (2023-24 through 2025-26 seasons). High-harvest States were defined as those that exceeded 20 percent of the flyway total harvest of mottled ducks.

Service Response:
The Service and other agencies have been concerned about the status of mottled ducks since the late 1990s. In 2009, the Service strongly encouraged the Central and Mississippi Flyway Councils to examine the status of mottled ducks and assess the potential need for any regulatory actions for the 2009-10 season (74 FR

16339, April 10, 2009). Subsequently, the States of Texas and Louisiana took steps to reduce harvest of mottled ducks within the West Gulf Coast (WGC) population. Despite these steps to reduce harvest of mottled ducks, the average population decline from multiple surveys in Louisiana since 2009 was 64 percent. Thus, we concur with and appreciate the proactive nature of this recommendation to further reduce harvest of mottled ducks in the Mississippi Flyway while continuing efforts to monitor population numbers and vital rates in concert with ongoing research and habitat conservation efforts. Finally, we encourage the Central Flyway and Mississippi Flyway Councils to cooperatively engage in long-term management of the WGC population of mottled ducks by reviewing all relevant research and population information at the conclusion of this 3-year period of targeted reduced harvest so that future regulatory recommendations, if warranted, will address mottled duck conservation throughout the WGC.

ix. Eastern Mallards

Council Recommendations:
The Atlantic Flyway Council recommended the Service follow the eastern mallard AHM strategy and adopt a mallard daily bag limit of four birds, no more than two of which may be female, for the 2023-24 duck hunting season.

Service Response:
As we stated in the November 3, 2022, proposed rule (87 FR 66251), the development of an eastern mallard AHM strategy has been completed, and we proposed to adopt it in place of the interim harvest strategy beginning with the 2023-24 season. We subsequently adopted the eastern mallard AHM strategy in the January 30, 2023, proposed rule (88 FR 6054). We set mallard hunting regulations in the Atlantic Flyway based on the status and demographics of these birds. The 2022 Federal WBPHS (eastern survey area) and AFBWS estimate was 1.2 million eastern mallards; a 15 percent increase from the 2019 estimate when the breeding waterfowl survey was last completed, and the greatest survey estimate since 2012. The recent increase in eastern mallard abundance may be in part due to restrictive mallard bag limits in the 2019-20, 2020-21, and 2021-22 hunting seasons. Based on the eastern mallard AHM strategy and current survey estimate of eastern mallards, the optimal regulation for the Atlantic Flyway is the liberal alternative with a daily bag limit of four mallards (no more than two of which may be female). Therefore, we concur with the recommendation of the Atlantic Flyway Council.

4. Canada and Cackling Geese

B. Regular Seasons

Council Recommendations:
The Atlantic Flyway Council recommended the liberal regulatory option for Atlantic Population (AP) Canada geese for the 2023-24 hunting season and eliminating the Southern James Bay Population (SJBP) Zone in Virginia. The Pacific Flyway Council recommended eliminating the Tillamook Special Management Area in Oregon's Northwest Permit Zone.

Service Response:
We agree with the Atlantic Flyway Council's recommendation to implement the liberal regulatory option for AP Canada geese for the 2023-24 hunting season. The Atlantic Flyway Council recommends AP Canada goose harvest regulations following their AP Canada goose harvest strategy. This strategy is based on a demographic model that predicts abundance and other metrics of the population's health 1 year beyond current data.

The AP Canada goose population is one of three populations of Canada geese managed in the Atlantic Flyway and has a long history of intensive management due to its importance to subsistence hunters in Canada and general hunters in both Canada and the United States. The population experienced a drastic decline from 118,000 to 34,000 breeding pairs between 1988 and 1995, resulting in restrictive hunting regulations, including closed seasons in some regions of the Atlantic Flyway. Public hunting harvest was not fully reopened for AP Canada geese until 2005. The AP Canada goose population recovered to an estimated abundance of 182,000 in 2002 due to a combination of hunting regulation restrictions and favorable breeding habitat conditions. The AP Canada goose population ranged from 161,000 to 216,000 breeding pairs between 2002 and 2017 but experienced another decline in abundance between 2018 and 2020 due largely to poor breeding habitat conditions and limited reproduction. In response to this most recent decline and poor reproduction, the Atlantic Flyway Council and Service implemented restrictive regulations (30-day season with a one-bird daily bag limit) for the 2019-20, 2020-21, 2021-22, and 2022-23 seasons. Canada also implemented restrictive regulations in Ontario and Quebec for the 2020-21 to 2023-24 hunting seasons. Furthermore, the Atlantic Flyway Council recommended, and the Service agreed to implement, restrictive regulations for the 2022-23 season despite an estimated breeding population (153,000) exceeding the threshold (125,000) for the moderate harvest package. The recommendation to continue with restrictive regulations in 2022-23 was based on the lack of breeding survey estimates in 2020 and 2021, average breeding conditions in 2022, and that Canada committed to hunting regulation restrictions through the 2023-24 season.

The 2022 AP Canada goose breeding index was 164,000 birds. This was the highest estimated index since 2016 and was 37 percent higher than the 2019 estimate and 6 percent higher than the long-term average. The results of the 2022 breeding survey suggest AP Canada geese have increased in response to hunting regulation restrictions and improved breeding habitat conditions similar to the pattern observed in the late 1990s and early 2000s. An analysis of the pre-season banding data and hunter harvest indicated adult and juvenile harvest rates declined in response to restrictive hunting regulations whereas survival rates exhibited a slight increase. The predicted 2023 breeding population is 180,500 with a predicted 2022 age ratio of 1.36 (similar to the 1997-2018 average). The recovery of the AP Canada goose population since 2018 and predictions of the 2023 breeding population are in accordance with a liberal regulatory alternative as defined in the Council's AP Canada goose harvest strategy. The Service concludes the liberal alternative will provide maximum hunting opportunity while achieving long-term conservation objectives for the AP Canada goose population.

In regard to the SJBP, we agree with the Atlantic Flyway Council's recommendation to eliminate the SJBP Zone in Virginia. The SJBP of Canada geese is no longer recognized as a separate population by the Service or the Atlantic and Mississippi Flyway Councils. The SJBP is now considered part of the larger Southern Hudson Bay Population (SHBP), which is monitored and managed according to the Mississippi Flyway Council's management plan. Elimination of the SJBP Canada geese zone in Virginia and incorporation into the resident population and AP zones will simplify regulations, provide greater harvest opportunity and management control over the resident population, and afford sufficient protection to AP Canada geese.

We also agree with the Pacific Flyway Council's recommendation to eliminate the Tillamook Special Management

Area in Oregon's Northwest Permit Zone. The special management area is near Tillamook, Oregon, and was established in 1982 as a goose hunting closure to minimize harvest of Aleutian cackling geese, particularly the Semidi Islands breeding population segment.

Aleutian geese were listed as endangered in 1967, downgraded to threatened status in 1990, and removed from protection under the Endangered Species Act in 2001. Aleutian geese have increased from 790 geese in 1975. The most recent 3-year (2020-2022) average population estimate for Aleutian cackling geese is 172,000 and is well above the Council's population objective of 60,000 geese. The population has grown 8.2 percent annually since 1996. The goose hunting closure zone in Oregon has been reduced in size five times (in 2002, 2005, 2007, 2011, and 2018) in accordance with the recovery of Aleutian geese.

Prior to delisting, two population segments of Aleutian geese were recognized based on breeding distribution: A western Aleutian Islands segment comprises birds from the central and western Aleutian Islands, and a Semidi Islands segment comprises birds from the Semidi Islands of the eastern Aleutian Islands. The western Aleutian Islands segment winters primarily in the San Joaquin Valley and Sacramento River Delta areas of central California, and stages in the Eureka and Crescent City areas on the northern California coast and Bandon and Langlois areas in southern Oregon in spring. The Semidi Islands segment winters primarily on the northern Oregon coast near Pacific City and Tillamook, Oregon. Aleutian geese on the Semidi Islands (and Chagulak Island) are considered to be remnants of the previously more continuously distributed population of Aleutian geese. As part of the delisting, we rejected the notion of retaining threatened species status for the smaller Semidi Islands subpopulation of Aleutian Canada geese while delisting the remainder of the subspecies as the listing entity in question is the entire Aleutian cackling goose subspecies.

Seven subspecies of white-cheeked geese, including Aleutian geese, winter in the Pacific Flyway and are managed as separate populations. All populations of white-cheeked geese are at or above population objectives in the Pacific Flyway. There is substantial mixing of white-cheeked geese populations during winter in the Pacific Flyway. Complaints of goose depredation on private lands in the Tillamook special management area have increased in association with increasing abundance of multiple populations of geese.

Elimination of the special management area would allow goose hunting on about 2,470 acres; however, only about 200 acres are considered to be goose habitat and would be potentially impacted as the rest of the area is forested or part of Nestucca Bay National Wildlife Refuge that is closed to goose hunting. Removal of the goose hunting closure will help address depredation issues on privately owned lands caused by wintering geese and remove constraints imposed on some private landowners and not others where Aleutian geese may occur. Geese wintering in the Tillamook area continue to have access to areas closed to hunting on Nestucca Bay National Wildlife Refuge and privately owned lands voluntarily closed to hunting. Elimination of the special management area will simplify goose hunting regulations in the Pacific Flyway, and impacts to the population of Aleutian geese are expected to be negligible.

6. Brant

Council Recommendations:
The Atlantic Flyway Council recommended the Service follow the Council's Atlantic brant harvest strategy for the 2023-24 hunting season and adopt the restrictive regulatory alternative consisting of a 30-day season with a one-bird daily bag limit. The Pacific Flyway Council recommended that the 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 Winter Brant Survey (WBS). If results of the WBS are not available, results of the most recent WBS should be used.

Service Response:
We agree with the Atlantic Flyway Council's recommendation for the restrictive regulatory alternative for the 2023-24 hunting season. The Atlantic Flyway Council adopted their revised harvest strategy for Atlantic brant in October 2020. This revised strategy has been used to guide annual regulations for Atlantic brant since the 2021-22 hunting season. The goal of the Council's Atlantic brant harvest strategy is to provide for subsistence harvest in Canada and general hunting opportunity in both Canada and the United States of the Atlantic brant population that are consistent with maintenance of a viable population throughout its range. This goal is achieved by: (1) attaining the population objective of 150,000 birds; (2) maximizing hunting opportunity commensurate with population abundance; (3) providing simple regulations; and (4) learning about the effects of harvest on the Atlantic brant population.

The harvest strategy uses a demographic model that predicts abundance 1 year beyond current data. The model depends on data from the Midwinter Waterfowl Survey (MWS), fall productivity survey, pre-season banding and recovery data, and weather data. The predicted breeding population size is used to inform the regulatory decision for the hunting season 1 year in advance. The strategy uses four regulatory alternatives including: closed (predicted population <100,000); restrictive (predicted population ≥100,000 and ≤115,000); standard (predicted population >115,000 and ≤150,000); and liberal (predicted population >150,000). The predicted population abundance for spring 2023 is 107,000 brant, which corresponds to the restrictive regulatory option.

The 2022 MWS count of 109,194 was 12 percent lower than the 2020 count and 15 percent below the long-term average. Further, the population has exhibited a slow decline in abundance since 2018. The estimated adult Atlantic brant survival has ranged from 75 to 85 percent since 2001 with a near high estimate of 81 percent in 2021. Adult brant harvest rates have ranged from 1 to 10 percent since 2001 and was 5 percent during the 2021-22 season. Previous experience suggests that Atlantic brant can exhibit positive growth rates when the population is <150,000 and exposed to a 50-day and 2-bird bag limit regulations. Therefore, the Service expects the restrictive regulatory alternative (30-day season with one-bird bag limit) will provide subsistence harvest opportunity in Canada and public harvest opportunity in the United States and Canada while maintaining a stable to slightly increasing population.

We also agree with the Pacific Flyway Council's recommendation that the Pacific brant season framework be determined by the harvest strategy in the Council's management plan for the Pacific population of brant pending results of the WBS. As we discussed in the August 21, 2020,
Federal Register
(85 FR 51854), 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 3-year average number of brant counted during the WBS in the Pacific Flyway to determine annual allowable season length and daily bag limits. The WBS is conducted each January, 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 survey data, we determine the appropriate allowable harvest for the Pacific brant season according to the harvest strategy in the Pacific Flyway Council's management plan for the Pacific population of brant published in the August 21, 2020,
Federal Register
(85 FR 51854).

The recent 3-year average (2021-2023) WBS count of Pacific brant was 143,052. Based on the harvest strategy, the appropriate season length and daily bag limit framework for Pacific brant in the 2023-24 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

Council Recommendations:
The Atlantic Flyway Council recommended Delaware be granted operational status for the tundra swan hunting season, beginning with the 2023-24 season.

Service Response:
The Service supports making the Delaware tundra swan season operational. The Atlantic, Mississippi, Central, and Pacific Flyway Councils adopted a management plan for the Eastern Population (EP) of tundra swan in 2007. The primary goal of the management plan is to maintain the EP tundra swan population at levels that will allow for harvest of swans consistent with habitat availability and international treaties. The specific objective is to maintain at least 80,000 EP tundra swans based on the 3-year average MWS population index for the Mississippi and Atlantic Flyways. The population objective provides desired social uses of the population, maintains distribution throughout their range, minimizes human-wildlife conflicts, and provides sustainable levels of harvest. The targeted maximum harvest rate for EP tundra swans (including subsistence and general harvest) is 10 percent, with recreational harvest less than or equal to 5 percent. Tundra swan harvest is managed using a permit system that provides opportunity across States corresponding to tundra swan distribution. The management plan provides a process for redistributing permits among participating States, recognizing total harvest is limited by the number of permits available to all participating States. State agencies are required to monitor total harvest and provide annual reports to the Service.

The EP tundra swan management plan provides a process for allowing additional States to offer a tundra swan hunting season. Each “new” State wanting to provide an EP tundra swan hunting season must initiate the process 1 year prior to the season and will be allowed if the permit request (expected harvest in the new State) does not result in total swan harvest exceeding the 5 percent public harvest limit. The allocation of permits to the new State are drawn from other States in the same flyway. All States requesting a new tundra swan season must conduct a 3-year experiment to evaluate the effects of the season on the swan population and hunter participation. States conducting an experimental season must submit annual and final reports detailing how the hunts were administered, number of applications and permits issued, hunter participation rate, reporting rate, harvest (including retrieved and un-retrieved birds), and age ratio of harvest birds. All experimental seasons require a memorandum of agreement (MOA) between the requesting State and the Service.

The Delaware Division of Fish and Wildlife (DDFW) requested a new tundra swan hunting season in 2018 starting with the 2019-2020 season and entered into an MOA with the Service in July 2019. The experimental season was approved by the Atlantic Flyway Council and the Service, and was conducted in accordance with the Councils' management plan for EP tundra swans and MOA. The DDFW issued 80, 63, and 63 permits via lottery for the 2019-20, 2020-21, and 2021-22 hunting seasons. Total applicants were 286, 222, and 234 for the 2019-20, 2020-21, and 2021-22 seasons. An additional four permits were issued to hunters via auctions held by conservation organizations for each season. Tundra swan harvest ranged from 22 to 40 birds, and hunter success rate ranged from 44 to 64 percent across the 3 hunting seasons. Participation rate, among permittees, ranged from 75 to 83 percent. Hunters spent an average of 4.2 days hunting across all 3 years. Hunters reported 97 harvested tundra swans. All harvested birds were confirmed to be tundra swans by State personnel. Hunter success for immature to mature tundra swan ratio ranged from 10 to 14 percent. During the 3-year experimental season, the number of swans counted in Delaware was 4,728, 1,602, and 3,830 in 2020, 2021, and 2022. The number of swans counted in the Atlantic Flyway was 61,354, 76,701, and 89,142. The DDFW submitted annual reports and a final report detailing how the tundra swan hunting season was administered. The DDFW provided data on total harvest, age ratios, and hunter participation metrics as specified in the MOA.

The DDFW met all requirements under the MOA and in accordance with the Councils' management plan for EP tundra swans. The realized harvest experienced during the 3-year experiment was within desired thresholds (
i.e.,
<5 percent), and no trumpeter swans or other nontarget species were harvested. During the 3-year experiment, the tundra swan population increased from 61,354 to 89,1420 birds in the Atlantic Flyway and from 70,595 to 90,859 birds in the Atlantic and Mississippi Flyways based on the MWS. The DDFW is prepared to implement an operational season in accordance with the Councils' management plan, including continued monitoring of the population, harvest, and hunter participation. An operational hunting season in Delaware will contribute to meeting the goals of the Councils' management plan for EP tundra swans.

9. Sandhill Cranes

Council Recommendations:
The Mississippi Flyway Council recommended that Alabama be granted operational status for their sandhill crane hunting season, beginning in 2023-2024, after successfully completing a 4-year, experimental hunting season evaluation based on criteria outlined in the Mississippi and Atlantic Flyway Councils' management plan for the Eastern Population (EP) of sandhill cranes. The Central and Pacific Flyway Councils recommended that allowable harvest of the Rocky Mountain Population (RMP) of sandhill cranes be determined based on the formula described in the Pacific and Central Flyway Councils' management plan for RMP cranes.

Service Response:
We concur with the Mississippi Flyway Council's recommendation concerning granting operational status to Alabama for sandhill crane hunting beginning with the 2023-2024 season. Alabama met all criteria set forth in the Councils' management plan for EP cranes and will join Kentucky and Tennessee as the third State in the Mississippi Flyway to successfully complete an evaluation of sandhill crane harvest under criteria outlined in the management plan. All applicable criteria (
e.g.,
population monitoring, permit numbers, hunter training, post-season harvest survey) in the EP crane management plan will continue to apply to sandhill crane hunting in Alabama.

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 2022 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 these 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).

The 2022 fall RMP crane abundance estimate was 18,632 cranes, resulting in a 3-year (2020-2022) average of 22,744 cranes, which is lower than the previous 3-year average of 23,630 cranes (similar to the previous 3-year average, which was 23,630 cranes). The RMP crane recruitment estimate was 10.78 percent young in the fall population, resulting in a 3-year (2020-2022) average of 9.74 percent, which is higher than the previous 3-year average of 9.12 percent. Using the current harvest strategy and the above most recent 3-year average abundance and recruitment estimates, the allowable harvest for the 2023-24 season is 2,546 cranes, which is lower than the previous season allowable harvest of 2,778 cranes.

Required Determinations

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 2023-24,” with its corresponding finding of no significant impact, available at
https://www.regulations.gov
at Docket No. FWS-HQ-MB-2022-0090. In addition, an August 1985 environmental assessment entitled “Guidelines for Migratory Bird Hunting Regulations on Federal Indian Reservations and Ceded Lands” is available from the person listed above under
FOR FURTHER INFORMATION CONTACT
.

Endangered Species Act Consideration

Before issuance of the 2023-24 migratory game bird hunting regulations, we will comply with provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1544; hereinafter “the Act”), to ensure that hunting is not likely to jeopardize the continued existence of any species designated as endangered or threatened or adversely modify or destroy its critical habitat and is consistent with conservation programs for those species.

Regulatory Planning and Review—Executive Orders 12866, 13563, and 14094

Executive Order 14094 reaffirms the principles of E.O. 12866 and E.O. 13563 and states that regulatory analysis should facilitate agency efforts to develop regulations that serve the public interest, advance statutory objectives, and are consistent with E.O. 12866, E.O. 13563, and the Presidential Memorandum of January 20, 2021 (Modernizing Regulatory Review). Regulatory analysis, as practicable and appropriate, shall recognize distributive impacts and equity, to the extent permitted by law. We have developed this final rule in a manner consistent with these requirements.

E.O. 12866, as reaffirmed by E.O. 13563 and E.O. 14094, provides that the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB) will review all significant rules. This action is a “significant regulatory action”, as defined under section 3(f)(1) of Executive Order 12866 (58 FR 51735, October 4, 1993), as amended by Executive Order 14094 (88 FR 21879, April 11, 2023).

An economic analysis was prepared for the 2023-24 migratory bird hunting season. This analysis was based on data from the 2011 and 2016 National Survey of Fishing, Hunting, and Wildlife-Associated Recreation (National Survey), the most recent year for which data are available. See discussion under Required Determinations,
Regulatory Flexibility Act,
below. This analysis estimated consumer surplus for four alternatives for duck hunting regulations. As defined by OMB in Circular A-4, consumers' surplus is the difference between what a consumer pays for a unit of a good or service and the maximum amount the consumer would be willing to pay for that unit. The duck hunting regulatory alternatives are (1) not opening a hunting season, (2) issuing restrictive regulations that allow fewer days than the 2022-23 season, (3) issuing moderate regulations that allow more days than those in Alternative 2 but fewer days than the 2022-23 season, and (4) issuing liberal regulations that allow days similar to the 2022-23 season. For the 2023-24 season, we chose Alternative 4, with an estimated consumer surplus across all flyways of $356 million. We also chose Alternative 4 for the 2009-10 through 2022-2023 seasons. The 2023-24 analysis is part of the record for this rulemaking action and is available at
https://www.regulations.gov
at Docket No. FWS-HQ-MB-2022-0090.

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.
). An initial regulatory flexibility analysis was prepared to analyze the economic impacts of the annual hunting regulations on small business entities. This analysis is updated annually. 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 2022 analysis is based on the 2016 National Survey and the U.S. Department of Commerce's County Business Patterns, from which it is estimated that migratory bird hunters would spend approximately $2.2 billion at small businesses in 2022. Copies of the analysis are available upon request from the person listed above under
FOR FURTHER INFORMATION CONTACT
or from
https://www.regulations.gov
at Docket No. FWS-HQ-MB-2022-0090.

Congressional Review Act

Pursuant to subtitle E of the Congressional Review Act (CRA), 5 U.S.C. 801
et seq.,
OIRA designated this action as a major rule, as defined by 5 U.S.C. 804(2), because it is likely to result in an annual effect on the economy of $100 million or more. However, because this rule would establish a regulatory program for activity related to hunting and because hunting seasons are time sensitive, we do not plan to defer the effective date under the exemption in the CRA, 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 02/29/2024).

• 1018-0023, “Migratory Bird Surveys, 50 CFR 20.20” (expires 05/31/2026). 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 10/31/2024).

You may view the information collection request(s) at
https://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. 1501
et seq.,
that this final rulemaking does not include any Federal mandate that may result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted for inflation) in any one year and does not significantly or uniquely affect small governments.

Civil Justice Reform—Executive Order 12988

The Department, in promulgating this final 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—Executive Order 12630

In accordance with E.O. 12630, this final rule, authorized by the Migratory Bird Treaty Act, does not have significant takings implications and does not affect any constitutionally protected property rights. This rule would not result in the physical occupancy of property, the physical invasion of property, or the regulatory taking of any property. In fact, this rule would allow hunters to exercise otherwise unavailable privileges and, therefore, would 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 final rule is a significant regulatory action under E.O. 12866, it is not likely to have a significant adverse effect on the supply, distribution, or use of energy and has not been designated by OIRA as a significant energy action. Therefore, 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. Through this process to establish annual hunting regulations, we regularly coordinate with Tribes that are affected by this rulemaking action. As noted previously, for the 2023-24 season, we will handle Tribal regulations via a separate rulemaking in later
Federal Register
documents.

Federalism Effects—Executive Order 13132

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 Tribe may be more restrictive in its regulations 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 substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with E.O. 13132, these regulations do not have federalism implications and do not warrant the preparation of a federalism summary impact statement.

List of Subjects in 50 CFR Part 20

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

Authority

The rules that eventually will be promulgated for the 2023-24 hunting season are authorized under 16 U.S.C. 703-711, 712, and 742 a-j.

Final Regulatory Frameworks for 2023-24 Hunting Seasons on Certain Migratory Game Birds

Pursuant to the Migratory Bird Treaty Act and delegated authorities, the Department of the Interior is establishing the following frameworks for outside dates, season lengths, shooting hours, bag and possession limits, and areas within which States may select seasons for hunting migratory game birds between the dates of September 1, 2023, and March 10, 2024. These frameworks are summarized below.

Table of Contents

I. General

A. Flyways and Management Units

1. Waterfowl Flyways

2. Mallard Management Units

3. Mourning Dove Management Units

4. Woodcock Management Regions

B. Definitions

C. Migratory Game Bird Seasons in the Atlantic Flyway

II. Season Frameworks

A. Special Youth and Veterans—Active Military Personnel Waterfowl Hunting Days

B. Special Early Teal Seasons

C. Special Early Teal—Wood Duck Seasons

D. Duck, Merganser, Coot, and Goose Seasons

1. Atlantic Flyway

a. Duck, Merganser, and Coot Seasons

b. Special Early Canada and Cackling Goose Seasons

c. Dark Goose Seasons

d. Light Goose Seasons

e. Brant Seasons

2. Mississippi Flyway

a. Duck, Merganser, and Coot Seasons

b. Canada and Cackling Goose Seasons

c. White-Fronted Goose Seasons

d. Brant Seasons

e. Dark Goose Seasons

f. Light Goose Seasons

3. Central Flyway

a. Duck, Merganser, and Coot Seasons

b. Special Early Canada and Cackling Goose Seasons

c. Canada Goose, Cackling Goose, and Brant Seasons

d. White-Fronted Goose Seasons

e. Light Goose Seasons

4. Pacific Flyway

a. Duck, Merganser, Coot, and Gallinule Seasons

b. Goose Seasons

i. Special Early Canada and Cackling Goose Seasons

ii. Canada Goose, Cackling Goose, and Brant Seasons

iii. Brant Seasons

iv. White-Fronted Goose Seasons

v. Light Goose Seasons

vi. Other Provisions

5. Swan Seasons

6. Sandhill Crane Seasons

7. Gallinule Seasons

8. Rail Seasons

9. Snipe Seasons

10. American Woodcock Seasons

11. Band-Tailed Pigeon Seasons

12. Dove Seasons

13. Alaska

a. Duck, Goose, Sandhill Crane, and Snipe Seasons

b. Tundra Swan Seasons

14. Hawaii

a. Mourning Dove Seasons

15. Puerto Rico

a. Dove and Pigeon Seasons

b. Duck, Coot, Gallinule, and Snipe Seasons

16. Virgin Islands

a. Dove and Pigeon Seasons

b. Duck Seasons

17. Special Falconry Regulations

III. Area, Unit, and Zone Descriptions

I. General

Outside Dates:
Outside dates are the earliest and latest dates within which States may establish hunting seasons. All outside dates specified below are inclusive.

Season Lengths:
Season lengths are the maximum number of days hunting may occur within the outside dates for hunting seasons. Days are consecutive and concurrent for all species included in each season framework unless otherwise specified.

Season Segments:
Season segments are the maximum number of consecutive-day segments into which the season lengths may be divided. The sum of the hunting days for all season segments may not exceed the season lengths allowed.

Zones:
Unless otherwise specified, States may select hunting seasons by zones. Zones for duck seasons (and associated youth and veterans-active military waterfowl hunting days, gallinule seasons, and snipe seasons) and dove seasons may be selected only in years we declare such changes may be made (
i.e.,
open seasons for zones and splits) and according to federally established guidelines for duck and dove zones and split seasons.

Area, Zone, and Unit Descriptions:
Areas open to hunting must be described, delineated, and designated as such in each State's hunting regulations, and, except for early teal seasons, these areas must also be published in the
Federal Register
as a Federal migratory bird hunting frameworks final rule. Geographic descriptions related to regulations are contained in a later portion of this document.

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 limits.

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.

A. Flyways and Management Units

We generally set migratory bird hunting frameworks for the conterminous United 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.

1. 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.

2. Mallard Management Units

High Plains Management Unit:
Roughly defined as that portion of the Central Flyway that lies west of the 100th meridian. See III. 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.

3. 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.

4. 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.

B. Definitions

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

Dark geese:
Canada geese, cackling 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.

C. 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, if 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. For these States where Sunday hunting is prohibited statewide by State law or regulation, the State may extend their hunting season length beyond the framework season length for any migratory game bird by one day for each Sunday included in the State's regular hunting season. Total season days must be within the season framework outside dates, season days must be consecutive except as provided in framework split-season provisions, and total season length (including extended falconry and other special seasons) must not exceed 107 days.

II. Season Frameworks

A. Special Youth and Veterans—Active Military Personnel Waterfowl Hunting Days

Outside Dates and Season Lengths:
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 or may be nonconsecutive. 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, and gallinules. Bag limits are the same as those allowed in the regular season except in States that implement a hybrid season for scaup (
i.e.,
different bag limits during different portions of the season), in which case the bag limit will be 2 scaup per day. Flyway species and area restrictions would remain in effect.

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. 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. Swans may be taken only by participants possessing applicable swan permits.

B. Special Early Teal Seasons

Areas:

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

Mississippi Flyway:
Alabama, Arkansas, Illinois, Indiana, Iowa, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Ohio, Tennessee, and Wisconsin. The season in Minnesota is experimental.

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

Outside Dates:
September 1-30.

Season Lengths:
16 days.

Daily Bag Limits:
6 teal.

Shooting Hours:
One-half hour before sunrise to sunset, except in the States of Arkansas, Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, South Carolina, and Wisconsin, where the hours are from sunrise to sunset.

C. Special Early Teal-Wood Duck Seasons

Areas:
Florida, Kentucky, and Tennessee.

Seasons:
In lieu of a special early 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-day teal-wood duck season. The daily bag limit is 6 teal.

D. Duck, Merganser, Coot, and Goose Seasons

1. Atlantic Flyway

a. Duck, Merganser, and Coot Seasons

Outside Dates:
Saturday nearest September 24 (September 23)-January 31.

Season Lengths and Daily Bag Limits:
60 days. The daily bag limit is 6 ducks, including no more than 4 mallards (no more than 2 of which may be female), 2 black ducks, 1 pintail, 1 mottled duck, 1 fulvous whistling duck, 3 wood ducks, 2 redheads, 2 canvasbacks, and 4 sea ducks (including no more than 3 scoters, 3 long-tailed ducks, or 3 eiders and no more than 1 female eider). The season for scaup may be split into 2 segments, with one segment consisting of 40 consecutive days with a 1-scaup daily bag limit, and the second segment consisting of 20 consecutive days with a 2-scaup daily bag limit. The daily bag limit of mergansers is 5. In States that include mergansers in the duck bag limit, the daily limit is the same as the duck bag limit. The daily bag limit of coots is 15.

Closed Seasons:
There is no open season on the harlequin duck.

Zones and Split Seasons:
Delaware, Florida, Georgia, Rhode Island, South Carolina, and West Virginia may split their seasons into 3 segments. 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; New York may select seasons in each of 5 zones; and all these States may split their season in each zone into 2 segments. Connecticut, Maryland, North Carolina, and Virginia may select seasons in each of 2 zones; and all these States may split their season in each zone into 3 segments. Connecticut,

Maryland, North Carolina, and Virginia must conduct an evaluation of the impacts of zones and splits on hunter dynamics (
e.g.,
hunter numbers, satisfaction) and harvest during the 2021-25 seasons.

Other Provisions:
The seasons, limits, and shooting hours should be the same between New York's Lake Champlain Zone and Vermont's Lake Champlain Zone, and between Vermont's Connecticut River Zone and New Hampshire's Inland Zone.

A craft under power may be used to shoot and retrieve dead or crippled birds in the Sea Duck Area in the Atlantic Flyway. The Sea Duck Area includes 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, and North Carolina. In Virginia, the Sea Duck Area includes all ocean waters of Virginia, the tidal waters of Northampton and Accomack Counties up to the first highway bridge, and the Chesapeake Bay and each of its tributaries up to the first highway bridge; Back Bay and its tributaries are not included in the Special Sea Duck area. The information in this paragraph is provided under the assumption 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.

b. Special Early Canada and Cackling Goose Seasons

Outside Dates and Season Lengths:
15 days during September 1-15 in the Eastern Unit of Maryland; 30 days during September 1-30 in Connecticut, Florida, Georgia, New Jersey, Long Island Zone of New York, North Carolina, Rhode Island, and South Carolina; and 25 days during September 1-25 in the remainder of the Atlantic Flyway.

Daily Bag Limits:
15 geese in the aggregate.

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

c. Dark Goose Seasons

Outside Dates, Season Lengths, and Daily Bag Limits:
Regulations are State and zone specific as provided below.

Area
Outside dates

Season
length

Season
segments

Daily
bag limit

Connecticut:

Atlantic Population (AP) Zone
Oct 10-Feb 5
45
2
3

AP Zone Late-Season Area (Special season)
Dec 15-Feb 15
54
1
5

North Atlantic Population (NAP) Zone
Oct 1-Jan 31
60
2
2

NAP Late-Season Area (Special season)
Jan 15-Feb 15
27
1
5

Resident Population (RP) Zone
Oct 1-Feb 15
80
3
5

Delaware

Nov 15-Feb 5
45
2
2

Florida

Oct 1-Mar 10
80
3
5

Georgia

Oct 1-Mar 10
80
3
5

Maine:

North NAP-H Zone
Oct 1-Jan 31
60
2
2

South NAP-H Zone
Oct 1-Jan 31
60
2
2

Coastal NAP-L Zone
Oct 1-Feb 15
70
2
3

Maryland:

AP Zone
Nov 15-Feb 5
45
2
2

RP Zone
Nov 15-Mar 10
80
3
5

Massachusetts:

AP Zone
Oct 10-Feb 5
45
2
3

AP Zone Late-Season Area (Special season)
Dec 15-Feb 15
54
1
5

NAP Zone
Oct 1-Jan 31
60
2
2

NAP Late-Season Area (Special season)
Jan 15-Feb 15
27
1
5

New Hampshire

Oct 1-Jan 31
60
2
2

New Jersey:

AP Zone
Fourth Saturday in Oct (28)-Feb 5
45
2
3

NAP Zone
Oct 1-Jan 31
60
2
2

Special Late-Season Area (Special season)
Jan 15-Feb 15
27
1
5

New York:

AP Zone
Fourth Saturday in Oct (28)-Feb 5
45
2
3

AP (Lake Champlain) Zone
Oct 10-Feb 5
45
2
3

NAP High-Harvest Zone
Oct 1-Jan 31
60
2
2

NAP Low-Harvest Zone
Oct 1-Feb 15
70
2
3

Western Long Island RP Zone
Saturday nearest Sep 24 (23)-last day of Feb (29)
107
3
8

Remainder of RP Zone
Fourth Saturday in Oct (28)-last day of Feb (29)
80
3
5

AP (Lake Champlain) Zone Late Season (Special season)
Dec 1-Feb 15
77
1
5

North Carolina:

Northeast Zone
Saturday prior to Dec 25 (23)-Jan 31
30
1
2

RP Zone
Oct 1-Mar 10
80
3
5

Pennsylvania:

AP Zone
Fourth Saturday in Oct (28)-Feb 5
45
2
3

RP Zone
Fourth Saturday in Oct (28)-Mar 10
80
3
5

Rhode Island:

Statewide
Oct 1-Jan 31
60
2
2

Late-Season Area (Special season)
Jan 15-Feb 15
32
2
5

South Carolina

Oct 1-Mar 10
80
3
5

Vermont:

Connecticut River Zone
Oct 1-Jan 31
60
2
2

Interior Zone
Oct 10-Feb 5
45
2
3

Lake Champlain Zone
Oct 10-Feb 5
45
2
3

Interior, and Lake Champlain Zones Late Season (Special Season)
Dec 1-Feb 15
77
1
5

Virginia:

AP Zone
Nov 15-Feb 5
45
2
2

RP Zone
Nov 15-Mar 10
80
3
5

West Virginia

Oct 1-Mar 10
80
3
5

d. Light Goose Seasons

Outside Dates:
October 1-March 10.

Season Lengths:
107 days. Seasons may be split into 3 segments.

Daily Bag limits:
25 light geese. There is no possession limit.

e. Brant Seasons

Outside Dates:
Saturday nearest September 24 (September 23)-January 31.

Season Lengths:
30 days. Seasons may be split into 2 segments.

Daily Bag Limits:
1 brant.

2. Mississippi Flyway

a. Duck, Merganser, and Coot Seasons

Outside Dates:
Saturday nearest September 24 (September 23)-January 31.

Season Lengths and Daily Bag 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. In Louisiana (the only high-harvest State in the Mississippi Flyway for mottled ducks), the daily bag limit for mottled ducks is zero for the first 15 days. The season for scaup may be split into 2 segments, with one segment consisting of 45 days with a 2-scaup daily bag limit, and the second segment consisting of 15 days with a 1-scaup daily bag limit. 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. The daily bag limit of coots is 15.

Zones 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; Indiana, Iowa, 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. Louisiana may select seasons in each of 2 zones and may split their season in each zone into 3 segments. Louisiana must conduct an evaluation of the impacts of zones and splits on hunter dynamics (
e.g.,
hunter numbers, satisfaction) and harvest during the 2021-25 seasons.

b. Canada and Cackling Goose Seasons

Outside Dates:
September 1-February 15.

Season Lengths:
107 days, which may be split into 4 segments.

Daily Bag Limits:
5 geese in the aggregate.

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 and cackling geese if all other waterfowl and crane seasons are closed in the specific applicable area.

c. White-Fronted Goose Seasons

Outside Dates:
September 1-February 15.

Season Lengths and Daily Bag Limits:
74 days with a daily bag limit of 3 geese, 88 days with a daily bag limit of 2 geese, or 107 days with a daily bag limit of 1 goose. Seasons may be split into 4 segments.

d. Brant Seasons

Outside Dates:
September 1-February 15.

Season Lengths and Daily Bag Limits:
70 days with a daily bag limit of 2 brant or 107 days with a daily bag limit of 1 brant. Seasons may be split into 4 segments.

Other Provisions:
In lieu of a separate brant season, brant may be included in the season for Canada and cackling geese with a daily bag limit of 5 geese in the aggregate.

e. Dark Goose Seasons

Areas:
Alabama, Iowa, Indiana, Michigan, Minnesota, Ohio, and Wisconsin in lieu of separate seasons for Canada and cackling geese, white-fronted geese, and brant.

Outside Dates:
September 1-February 15.

Season Lengths:
107 days, which may be split into 4 segments.

Daily Bag Limits:
5 geese in the aggregate.

f. Light Goose Seasons

Outside Dates:
September 1-February 15.

Season Lengths:
107 days, which may be split into 4 segments.

Daily Bag and Possession Limits:
The daily bag limit is 20 geese. There is no possession limit for light geese.

3. Central Flyway

a. Ducks, Merganser, and Coot Seasons

Outside Dates:
Saturday nearest September 24 (September 23)-January 31.

Season Lengths and Duck Daily Bag Limits:
74 days, except in the High Plains Mallard Management Unit where the season length is 97 days and the last 23 days must be consecutive and may start no earlier than the Saturday nearest December 10 (December 9). The daily bag limit is 6 ducks and mergansers in the aggregate, including no more than 5 mallards (no more than 2 of which may be females), 2 redheads, 3 wood ducks, 1 pintail, 1 scaup, and 2 canvasbacks. In Texas, the daily bag limit on mottled ducks is 1, except that no mottled ducks may be taken during the first 5 days of the season. In addition to the daily limits listed above, the States of

Montana, North Dakota, South Dakota, and Wyoming, in lieu of selecting an experimental September teal season, may include an additional daily bag and possession limit of 2 and 6 blue-winged teal, respectively, during the first 16 days of the regular duck season in each respective duck hunting zone. These extra limits are in addition to the regular duck bag and possession limits.

Coot Daily Bag Limits:
15 coots.

Zones 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.

b. Special Early Canada and Cackling Goose Seasons

Outside Dates and Seasons Lengths:
In Kansas, Nebraska, Oklahoma, South Dakota, and Texas, 30 days between September 1-30; in Colorado, New Mexico, Montana, and Wyoming, Canada and cackling goose seasons of not more than 15 days between September 1-15; and in North Dakota, 22 days between September 1-22.

Daily Bag Limits:
5 geese in the aggregate in Colorado, New Mexico, Montana, Wyoming, and Texas; 8 geese in the aggregate in Kansas, Nebraska, and Oklahoma; and 15 geese in the aggregate in North Dakota and South Dakota.

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.

c. Canada Goose, Cackling Goose, and Brant Seasons

Outside Dates:
Saturday nearest September 24 (September 23)-the Sunday nearest February 15 (February 18).

Seasons and Daily Bag Limits:
In Kansas, Nebraska, North Dakota, Oklahoma, South Dakota, and the Eastern Goose Zone of Texas, 107 days with a daily bag limit of 8 geese; in Colorado, Montana, New Mexico, and Wyoming, 107 days with a daily bag limit of 5 geese; and in Texas (Western Goose Zone), 95 days with a daily bag limit of 5 geese.

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

d. White-Fronted Goose Seasons

Outside Dates:
Saturday nearest September 24 (September 23)-the Sunday nearest February 15 (February 18).

Season Length and Daily Bag Limits:
Except as subsequently provided, either 74 days with a daily bag limit of 3 geese, or 88 days with a daily bag limit of 2 geese, or 107 days with a daily bag limit of 1 goose. In Texas (Western Goose Zone), 95 days with a daily bag limit of 2 geese. Seasons may be split into 3 segments.

e. Light Goose Seasons

Outside Dates:
Saturday nearest September 24 (September 23)-March 10.

Season Lengths:
107 days. Seasons may be split into 3 segments.

Daily Bag and Possession Limits:
The daily bag limit is 50 with no possession limit.

Other Provisions:
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.

4. Pacific Flyway

a. Duck, Merganser, Coot, and Gallinule Seasons

Outside Dates:
Saturday nearest September 24 (September 23)-January 31.

Season Lengths and Daily Bag Limits:
107 days. The daily bag limit is 7 ducks and mergansers in the aggregate, 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. The daily bag limit of coots and gallinules is 25 in the aggregate.

Zones 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; 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.

Other Provisions:
The seasons, limits, and shooting hours should be the same between the Colorado River Zone of California and the South Zone of Arizona.

b. Goose Seasons

i. Special Early Canada and Cackling Goose Seasons

Outside Dates:
September 1-20.

Season Lengths:
15 days.

Daily Bag Limits:
5 geese in the aggregate, except in Pacific County, Washington, where the daily bag limit is 15 geese in the aggregate.

ii. Canada Goose, Cackling Goose, and Brant Seasons

Outside Dates:
Except as subsequently provided, Saturday nearest September 24 (September 23)-January 31.

Season Lengths:
Except as subsequently provided, 107 days.

Daily Bag Limits:
Except as subsequently provided, in Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Wyoming, the daily bag limit is 5 Canada and cackling geese and brant in the aggregate. In Oregon and Washington, the daily bag limit is 4 Canada and cackling geese in the aggregate. In California, the daily bag limit is 10 Canada and cackling geese in the aggregate.

Split Seasons:
Seasons may be split into 3 segments. Three-segment seasons require Pacific Flyway Council and U.S. Fish and Wildlife Service approval and a 3-year evaluation by each participating State.

iii. Brant Seasons

Areas:
California, Oregon, and Washington.

Outside Dates:
Saturday nearest September 24 (September 23)-January 31.

Season Lengths and Daily Bag Limits:
27 days and 2 brant.

Zones:
Washington and California may select seasons in each of 2 zones.

Other Provisions:
In Oregon and California, the brant season must end no later than December 15.

iv. White-fronted Goose Seasons

Outside Dates:
Saturday nearest September 24 (September 23)-March 10.

Season Lengths:
107 days.

Daily Bag Limits:
Except as subsequently provided, 10 geese.

Split Seasons:
Seasons may be split into 3 segments. Three-segment seasons require Pacific Flyway Council and U.S. Fish and Wildlife Service approval and a 3-year evaluation by each participating State.

v. Light Goose Seasons

Outside Dates:
Saturday nearest September 24 (September 23)-March 10.

Season Lengths:
107 days. Seasons may be split into 3 segments.

Daily Bag Limits:
20 geese, except in Washington where the daily bag limit for light geese is 10 on or before the last Sunday in January (January 28).

vi. Other Provisions

California

Balance of State Zone:
A Canada and cackling goose season may be selected with outside dates between the Saturday nearest September 24 (September 23) and March 10 and may be split into 3 segments. 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

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

Northwest Permit Zone:
A Canada and cackling goose season may be selected with outside dates between the Saturday nearest September 24 (September 23) and March 10 with a daily bag limit of 3 geese in the aggregate. Canada and cackling goose and white-fronted goose seasons may be split into 3 segments.

South Coast Zone:
A Canada and cackling goose season may be selected with outside dates between the Saturday nearest September 24 (September 23) and March 10 with a daily bag limit of 6 geese in the aggregate. Canada and cackling goose and white-fronted goose seasons may be split into 3 segments. Hunting days that occur after January 31 should be concurrent with California's North Coast Special Management Area.

Utah

Wasatch Front Zone:
A Canada and cackling goose and brant season may be selected with outside dates between the Saturday nearest September 24 (September 23) and February 15.

Washington

Areas 2 Inland and 2 Coastal (Southwest Permit Zone):
A Canada and cackling goose season may be selected in each zone with outside dates between the Saturday nearest September 24 (September 23) and March 10 with a daily bag limit of 3 geese in the aggregate. Canada and cackling goose and white-fronted goose seasons may be split into 3 segments.

Area 4:
Canada and cackling 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 and cackling 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 and cackling goose season on the dusky Canada goose population.

5. Swan Seasons

Pacific Flyway

Areas:
Idaho, Montana, Nevada, and Utah.

Outside Dates:
Saturday nearest September 24 (September 23)-January 31.

Season Lengths:
107 days. Seasons may be split into 2 segments.

Permits:
Hunting is by permit only. Permits will be issued by the State. The total number of permits issued may not exceed 50 in Idaho, 500 in Montana, 650 in Nevada, and 2,750 in Utah. Permits will authorize the take of no more than 1 swan per permit. Only 1 permit may be issued per hunter in Montana and Utah; 2 permits may be issued per hunter in Nevada.

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

Areas:
Delaware, North Carolina, and Virginia in the Atlantic Flyway and North Dakota, South Dakota east of the Missouri River, and part of Montana in the Central Flyway.

Outside Dates:
October 1-January 31 in the Atlantic Flyway and the Saturday nearest October 1 (September 30)-January 31 in the Central Flyway.

Season Lengths:
90 days in the Atlantic Flyway and 107 days in the Central Flyway.

Permits:
Hunting is by permit only. Permits will be issued by the States. No more than 5,600 permits may be issued in the Atlantic Flyway including 347 in Delaware, 4,721 in North Carolina, and 532 in Virginia. No more than 4,000 permits may be issued in the Central Flyway including 500 in Montana, 2,200 in North Dakota, and 1,300 in South Dakota. Permits will authorize the take of no more than 1 swan per permit. A second permit may be issued to hunters from unissued permits remaining after the first drawing. Unissued permits may be reallocated to States within a Flyway.

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.

Other Provisions:
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.

6. Sandhill Crane Seasons

Mississippi Flyway

Areas:
Alabama, Kentucky, Minnesota, and Tennessee.

Outside Dates:
September 1-February 28 in Minnesota, and September 1-January 31 in Alabama, Kentucky, and Tennessee.

Season Lengths:
37 days in the designated portion of Minnesota's Northwest Goose Zone, and 60 days in Alabama, Kentucky, and Tennessee.

Daily Bag and Possession Limits:
The daily bag limit is 1 crane in Minnesota, 2 cranes in Kentucky, and 3 cranes in Alabama and Tennessee. In Alabama, Kentucky, and Tennessee, the seasonal bag limit is 3 cranes.

Permits:
Hunting is by permit only. Permits will be issued by the State.

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

Central Flyway

Areas:
Colorado, Kansas, Montana, New Mexico, North Dakota, Oklahoma, South Dakota, Texas, and Wyoming.

Outside Dates:
September 1-February 28.

Season Lengths:
37 days in Texas (Zone C), 58 days in Colorado, Kansas, Montana, North Dakota, South Dakota, and Wyoming, and 93 days in New Mexico, Oklahoma, and Texas.

Daily Bag Limits:
3 cranes, except 2 cranes in North Dakota (Area 2) and Texas (Zone C).

Permits:
Hunting is by permit only. Permits will be issued by the States.

Central and Pacific Flyways

Areas:
Arizona, Colorado, Idaho, Montana, New Mexico, Utah, and Wyoming within the range of the Rocky Mountain Population (RMP) of sandhill cranes.

Outside Dates:
September 1-January 31.

Season Lengths:
60 days. The season may be split into 3 segments.

Daily Bag and Possession limits:
The daily bag limit is 3 cranes, and the possession limit is 9 cranes per season.

Permits:
Hunting is by permit only. Permits will be issued by the State.

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

1.
In Utah, 100 percent of the harvest will be assigned to the RMP crane quota;

2.
In Arizona, monitoring the species 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;

3.
In Idaho, 100 percent of the harvest will be assigned to the RMP crane quota; and

4.
In the Estancia Valley hunt area of New Mexico, the level and species composition of the harvest must be monitored; greater sandhill cranes in the harvest will be assigned to the RMP crane quota.

7. Gallinule Seasons

Atlantic, Mississippi, and Central Flyways

Outside Dates:
September 1-January 31.

Season Lengths:
70 days.

Daily Bag Limits:
15 gallinules.

Zones and Split Seasons:
Seasons may be selected by zones established for duck hunting. The season in each zone may be split into 2 segments.

Pacific Flyway

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 gallinules are included with the duck, merganser, and coot frameworks.

8. Rail Seasons

Areas:
Atlantic, Mississippi, and Central Flyways and the Pacific Flyway Portions of Colorado, Montana, New Mexico, and Wyoming.

Outside Dates:
September 1-January 31.

Season Lengths:
70 days. Seasons 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:
25 rails in the aggregate.

9. Snipe Seasons

Outside Dates:
September 1-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.

Season Lengths:
107 days.

Daily Bag limits:
8 snipe.

Zones and Split Seasons:
Seasons may be selected by zones established for duck seasons. The season in each zone may be split into 2 segments.

10. American Woodcock Seasons

Areas:
Eastern and Central Management Regions

Outside Dates:
September 13-January 31.

Season Lengths:
Except as subsequently provided, 45 days.

Daily Bag Limits:
3 woodcock.

Zones and Split Seasons:
Seasons may be split into 2 segments. New Jersey may select seasons in each of 2 zones. The season in each zone may not exceed 36 days.

11.
Band-Tailed Pigeon Seasons

California, Oregon, Washington, and Nevada

Outside Dates:
September 15-January 1.

Seasons Lengths:
9 days.

Daily Bag Limits:
2 pigeons.

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

Arizona, Colorado, New Mexico, and Utah

Outside Dates:
September 1-November 30.

Season Lengths:
14 days.

Daily Bag Limits:
2 pigeons.

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

12. Dove Seasons

Eastern Management Unit

Outside Dates:
September 1-January 31.

Season Lengths:
90 days.

Daily Bag Limits:
15 mourning and white-winged doves in the aggregate.

Zones 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

Outside Dates:
September 1-January 15.

Season Lengths:
90 days.

All States Except Texas

Daily Bag Limits:
15 mourning and white-winged doves in the aggregate.

Zones 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

Daily Bag Limits:
15 mourning, white-winged, and white-tipped doves in the aggregate, of which no more than 2 may be white-tipped doves.

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

1.
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).

2.
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 Season in Texas

In addition, Texas may select a hunting season of not more than 6 days, consisting of two 3-consecutive-day periods, for the Special White-winged Dove Area between September 1 and 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. Shooting hours are from noon to sunset.

Western Management Unit

Outside Dates:
September 1-January 15.

Idaho, Nevada, Oregon, Utah, and Washington

Season Lengths:
60 days.

Daily Bag Limits:
15 mourning and white-winged doves in the aggregate.

Zones and Split Seasons:
Idaho, Nevada, Utah, and Washington may split their seasons into 2 segments. Oregon may select hunting seasons in each of 2 zones and may split their season in each zone into 2 segments.

Arizona and California

Season Lengths:
60 days, which may be split between 2 segments, September 1-15 and November 1-January 15.

Daily Bag Limits:
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 may 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 may be white-winged doves.

13. Alaska

a. Duck, Goose, Sandhill Crane, and Snipe Seasons

Outside Dates:
Except as subsequently provided, September 1-January 26.

Season Lengths:
Except as subsequently provided, 107 days for ducks, geese (except brant), sandhill cranes, and snipe. The season length for brant will be determined based on the upcoming brant winter survey results and the Pacific brant harvest strategy.

Zones and Split Seasons:
A season may be established in each of 5 zones. The season in the Southeast Zone may be split into 2 segments.

Closed Seasons:
The hunting season is closed on the spectacled eider and Steller's eider.

Daily Bag and Possession Limits and Special Conditions Ducks:
The basic daily bag limit is 7 ducks. The basic daily bag limit in the North Zone is 10 ducks and in the Gulf Coast Zone is 8 ducks. The basic daily bag limits may include 2 canvasbacks and may not include sea ducks.

In addition to the basic daily bag limits, the sea duck daily bag limit is 10, including 6 each of either harlequin or long-tailed ducks. Sea ducks include scoters, common and king eiders, harlequin ducks, long-tailed ducks, and common, hooded, and red-breasted mergansers.

Light Geese:
The daily bag limit is 6 geese.

Canada and Cackling Geese:
The daily bag limit is 4 Canada and cackling geese in the aggregate with the following exceptions, and subject to the following conditions:

1.
In Game Management Units (Units) 5 and 6, in the Gulf Coast Zone, outside dates are September 28-December 16.

2.
On Middleton Island in Unit 6, in the Gulf Coast Zone, all hunting is by permit only. Each hunter is required to complete a mandatory Canada and cackling goose identification class prior to being issued a permit. Hunters must check in and check out when hunting. The daily bag and possession limits are 1 goose. 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.

3.
In Unit 10, in the Pribilof and Aleutian Islands Zone, the daily bag limit is 6 geese in the aggregate.

White-fronted Geese:
The daily bag limit is 4 geese with the following exceptions:

1.
In Unit 9, in the Gulf Coast Zone, Unit 10, in the Pribilof and Aleutian Islands Zone, and Unit 17, in the North Zone, the daily bag limit is 6 geese.

2.
In Unit 18, in the North Zone, the daily bag limit is 10 geese.

Emperor Geese:
The emperor goose season is subject to the following conditions:

1.
All hunting is by permit only.

2.
One goose may be harvested per hunter per season.

3.
Total harvest may not exceed 500 geese.

4.
In Unit 8, in the Kodiak Zone, 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 brant.

Snipe:
The daily bag limit is 8 snipe.

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

b. Tundra Swan Seasons

Outside Dates:
September 1-October 31.

Season Lengths:
31 days.

Daily Bag and Possession Limits and Special Conditions:
All hunting is by permit only according to the following conditions.

1.
In Unit 17, in the North Zone, 200 permits may be issued; 3 tundra swans

may be authorized per permit, and 1 permit may be issued per hunter per season.

2.
In Unit 18, in the North Zone, 500 permits may be issued; 3 tundra swans may be authorized per permit, and 1 permit may be issued per hunter per season.

3.
In Unit 22, in the North Zone, 300 permits may be issued; 3 tundra swans may be authorized per permit, and 1 permit may be issued per hunter per season.

4.
In Unit 23, in the North Zone, 300 permits may be issued; 3 tundra swans may be authorized per permit, and 1 permit may be issued per hunter per season.

14. Hawaii

a. Mourning Dove Seasons

Outside Dates:
October 1-January 31.

Season Lengths and Daily Bag Limits:
65 days with a daily bag limit of 15 doves or 75 days with a daily bag of 12 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.

15. Puerto Rico

a. Dove and Pigeon Seasons

Outside Dates:
September 1-January 15.

Season Lengths:
60 days.

Daily Bag Limits:
30 Zenaida, mourning, and white-winged doves in the aggregate, of which 10 may be Zenaida doves and 3 may be mourning doves, and 5 scaly-naped pigeons.

Closed Seasons:
There is no open season on the white-crowned pigeon and the plain pigeon, which are protected by the Commonwealth of Puerto Rico.

Closed Areas:
There is no open season on doves or pigeons in the following areas: Municipality of Culebra, Desecheo Island, Mona Island, El Verde Closure Area, and Cidra Municipality and adjacent areas.

b. Duck, Coot, Gallinule, and Snipe Seasons

Outside Dates:
October 1-January 31.

Season Lengths:
55 days. The season may be split into 2 segments.

Daily Bag Limits:
6 ducks, 6 common gallinules, and 8 snipe.

Closed Seasons:
There is no open season on the ruddy duck, white-cheeked pintail, West Indian whistling duck, fulvous whistling duck, and masked duck, which are protected by the Commonwealth of Puerto Rico. There is no open season on the purple gallinule, American coot, and Caribbean coot.

Closed Areas:
There is no open season on ducks, gallinules, and snipe in the Municipality of Culebra and on Desecheo Island.

16. Virgin Islands

a. Dove and Pigeon Seasons

Outside Dates:
September 1-January 15.

Season Lengths:
60 days.

Daily Bag and Possession Limits:
10 Zenaida doves.

Closed Seasons:
There is no open season for ground-doves, quail-doves, and pigeons.

Closed Areas:
There is no open season for migratory game birds on Ruth Cay (just south of St. Croix).

Local Names for Certain Birds:
Zenaida dove, also known as mountain dove; bridled quail-dove, also known as Barbary dove or partridge; common ground-dove, also known as stone dove, tobacco dove, rola, or tortolita; scaly-naped pigeon, also known as red-necked or scaled pigeon.

b. Duck Seasons

Outside Dates:
December 1-January 31.

Season Lengths:
55 days.

Daily Bag Limits:
6 ducks.

Closed Seasons:
There is no open season on the ruddy duck, white-cheeked pintail, West Indian whistling-duck, fulvous whistling-duck, and masked duck.

17. Special Falconry Regulations

In accordance with 50 CFR 21.82, falconry is a permitted means of taking migratory game birds in any State except for Hawaii. States may select an extended season for taking migratory game birds in accordance with the following:

Outside Dates:
September 1-March 10.

Season Lengths:
For all hunting methods combined, the combined length of the extended season, regular season, and any special or experimental seasons must not exceed 107 days for any species or group of species in a geographical area. Each extended season may be split into 3 segments.

Daily Bag Limits:
Falconry daily bag limits for all permitted migratory game birds must not exceed 3 birds in the aggregate, during extended falconry seasons, any special or experimental seasons, and regular hunting seasons in each State, including those that do not select an extended falconry season.

Note:

General hunting regulations, including seasons and hunting hours, apply to falconry. Regular season bag limits do not apply to falconry. The falconry bag limit is not in addition to shooting limits.

III. Area, Unit, and Zone Descriptions

Ducks (Including Mergansers) and Coots

Atlantic Flyway

Connecticut

North Zone:
That portion of the State north of I-95.

South Zone:
Remainder of the State.

Maine

North Zone:
That portion north of the line extending east along Maine State Highway 110 from the New Hampshire-Maine State line to the intersection of Maine State Highway 11 in Newfield; then north and east along Route 11 to the intersection of U.S. Route 202 in Auburn; then north and east on Route 202 to the intersection of I-95 in Augusta; then north and east along I-95 to Route 15 in Bangor; then east along Route 15 to Route 9; then east along Route 9 to Stony Brook in Baileyville; then east along Stony Brook to the U.S. border.

Coastal Zone:
That portion south of a line extending east from the Maine-New Brunswick border in Calais at the Route 1 Bridge; then south along Route 1 to the Maine-New Hampshire border in Kittery.

South Zone:
Remainder of the State.

Maryland

Western Zone:
Allegany, Carroll, Garrett, Frederick and Washington Counties; and those portions of Baltimore, Howard, Prince George's, and Montgomery Counties west of a line beginning at I-83 at the Pennsylvania State line, following I-83 south to the intersection of I-83 and I-695 (Outer Loop), south following I-695 (Outer Loop) to its intersection with I-95, south following I-95 to its intersection with I-495 (Outer Loop), and following I-495 (Outer Loop) to the Virginia shore of the Potomac River.

Eastern Zone:
That portion of the State not included in the Western Zone.

Special Teal Season Area:
Calvert, Caroline, Cecil, Dorchester, Harford, Kent, Queen Anne's, St. Mary's, Somerset, Talbot, Wicomico, and Worcester Counties; that part of Anne Arundel County east of Interstate 895, Interstate 97, and Route 3; that part of Prince George's County east of Route 3 and Route 301; and that part of Charles County east of Route 301 to the Virginia State Line.

Massachusetts

Western Zone:
That portion of the State west of a line extending south

from the Vermont State line on I-91 to MA 9, west on MA 9 to MA 10, south on MA 10 to U.S. 202, south on U.S. 202 to the Connecticut State line.

Central Zone:
That portion of the State east of the Berkshire Zone and west of a line extending south from the New Hampshire State line on I-95 to U.S. 1, south on U.S. 1 to I-93, south on I-93 to MA 3, south on MA 3 to U.S. 6, west on U.S. 6 to MA 28, west on MA 28 to I-195, west to the Rhode Island State line; except the waters, and the lands 150 yards inland from the high-water mark, of the Assonet River upstream to the MA 24 bridge, and the Taunton River upstream to the Center Street-Elm Street bridge shall be in the Coastal Zone.

Coastal Zone:
That portion of Massachusetts east and south of the Central Zone.

New Hampshire

Northern Zone:
That portion of the State east and north of the Inland Zone beginning at the Jct. of Route 10 and Route 25-A in Orford, east on Route 25-A to Route 25 in Wentworth, southeast on Route 25 to E

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2023-17175. Public record. Not legal advice.
