Migratory Bird Hunting; Final Frameworks for Early-Season Migratory Bird Hunting Regulations; Final Rule

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AA24

Migratory Bird Hunting; Final Frameworks for Early-Season

Migratory Bird Hunting Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule prescribes final early-season frameworks from which

States, Puerto Rico, and the Virgin Islands may select season dates,

limits, and other options for the 1994-95 migratory bird hunting

season. These early seasons may open prior to October 1, 1994. The

effect of this final rule is to facilitate the selection of hunting

seasons by the States and Territories to further the annual

establishment of the early-season migratory bird hunting regulations.

These selections will be published in the Federal Register as

amendments to Secs. 20.101 through 20.107, and Sec. 20.109 of title 50

CFR part 20.

EFFECTIVE DATE: This rule takes effect on August 17, 1994.

ADDRESSES: Season selections from States and Territories are to be

mailed to: Chief, Office of Migratory Bird Management, U.S. Fish and

Wildlife Service, Department of the Interior, ms 634--ARLSQ, 1849 C

Street, NW., Washington, DC 20240. Comments received are available for

public inspection during normal business hours in room 634, Arlington

Square Building, 4401 N. Fairfax Drive, Arlington, Virginia.

FOR FURTHER INFORMATION CONTACT: Paul R. Schmidt, Chief, Office of

Migratory Bird Management, U.S. Fish and Wildlife Service, Department

of the Interior, ms 634--ARLSQ, NW., 1849 C Street, Washington, DC

20240, (703) 358-1714.

SUPPLEMENTARY INFORMATION:

Regulations Schedule for 1994

On April 7, 1994, the Service published for public comment in the

Federal Register (59 FR 16762) a proposal to amend 50 CFR part 20, with

comment periods ending July 21, 1994, for early-season proposals and

August 29, 1994, for late-season proposals. On June 8, 1994, the

Service published for public comment a second document (59 FR 29700)

which provided supplemental proposals for early- and late-season

migratory bird hunting regulations frameworks.

On June 23, 1994, a public hearing was held in Washington, DC, as

announced in the April 7 and June 8 Federal Registers to review the

status of migratory shore and upland game birds. Proposed hunting

regulations were discussed for those species and for other early

seasons.

On July 12, 1994, the Service published in the Federal Register (59

FR 35566) a third document in the series of proposed, supplemental, and

final rulemaking documents which dealt specifically with proposed

early-season frameworks for the 1994-95 season. This rulemaking is the

fourth in the series, and establishes final frameworks for early-season

migratory bird hunting regulations for the 1994-95 season.

Review of Public Comments and the Service's Response

As of July 25, 1994, the Service had received 36 written comments;

28 of these specifically addressed early-season issues. The Service

also received recommendations from all four Flyway Councils. Early-

season comments are summarized and discussed in the order used in the

April 7 Federal Register. Only the numbered items pertaining to early

seasons for which comments were received are included.

General

Written Comments: The Humane Society of the United States

recommended that all seasons open at noon, mid-week, to reduce the

large kills associated with the traditional Saturday openings. They

recommend special seasons be discontinued for the same purpose. One

individual from California suggested that the waterfowl bag limits and

seasons should be established on a flyway basis. Two local sportsmen's

organization from Massachusetts requested that shooting hours remain

one-half hour before sunrise to sunset.

1. Ducks

The categories used to discuss issues related to duck harvest

management are as follows: (A) General Harvest Strategy, (B) Framework

Dates, (C) Season Length, (D) Closed Seasons, (E) Bag Limits, (F) Zones

and Split Seasons, and (G) Special Seasons/Species Management. Only

those categories containing substantial recommendations are included

below.

G. Special Seasons/Species Management

i. September Teal Seasons

Council Recommendations: The Central Flyway Council recommended

that September teal season shooting hours begin one-half hour before

sunrise to sunset without further evaluation for all non-production

Central Flyway States.

The Central Flyway Council recommended that the Service review the

guidelines for establishing a September teal season for any new

requests for seasons.

The Upper-Region and Lower-Region Regulations Committees of the

Mississippi Flyway Council recommended that Michigan be permitted to

hold an experimental September teal season in southeastern portions of

the State.

The Lower-Region Regulations Committee of the Mississippi Flyway

Council requested that September teal season shooting hours beginning

one-half hour before sunrise be made operational and that no further

evaluation of shooting hours be required.

Written Comments: An individual representing a group of duck

hunters from Wisconsin expressed concern that some States with a

September teal season are allowed shooting hours that begin one-half

hour before sunrise. He believes that hunters are unable to identify

ducks and that most crippling loss occurs prior to sunrise.

The Michigan Department of Natural Resources requested that

Michigan be allowed to conduct a teal season in areas where teal

concentrate. They proposed limiting the season to no more than 2,000

hunters and believed that hunters' skills at identifying waterfowl are

better now than they were during initial evaluations of teal seasons in

the 1960's. Four individuals from Michigan supported the proposed

September teal season for portions of Michigan.

Service Response: Breeding population information for 1994 and

harvest and band-recovery information from the 1993-94 waterfowl season

indicate that a September teal season can be offered to nonproduction

States of the Central and Mississippi Flyways in 1994.

During their 1993-94 teal seasons, the States of Colorado, Kansas,

New Mexico, Oklahoma and Texas in the Central flyway and Alabama,

Louisiana, and Mississippi in the Mississippi Flyway participated in a

study that indicated that shooting hours beginning at one-half hour

before sunrise during teal seasons have a negligible impact on

nontarget duck species in those States. The Service believes the data

are sufficient to address its concern about the potential harvest of

nontarget species during the presunrise period, and will permit those

States that participated in the study to have presunrise shooting hours

during the 1994 teal season, without further evaluation. Other States

that are permitted a teal season (Arkansas, Illinois, Indiana,

Missouri, and Ohio), but did not participate in the study, must begin

shooting hours at sunrise.

The Service recognizes the value of these September teal seasons in

providing additional hunting opportunity but remains concerned about

the potential impacts of these seasons on non-target species in certain

areas. The Service strategy regarding use of teal seasons specifies

that teal seasons can be offered only to nonproduction States of the

Central and Mississippi Flyways. Because Michigan is considered a

production State and was not part of the original, comprehensive

evaluation, the Service does not support the requests for a teal

season. Although the definitions of production and nonproduction States

may need to be reviewed, the Service has stated in the August 23, 1993,

Federal Register (58 FR 44577) that it prefers a Flyway-wide approach

to assess whether expansion of teal seasons to areas beyond those

currently allowed is permissible. The Michigan proposal does not meet

this criterion. The Service also notes that such expansions would

require a reevaluation of the entire teal season, including an analysis

of information from areas currently permitted teal seasons as well as

areas into which teal seasons might be expanded.

ii. September Duck Seasons

Council Recommendations: The Upper-Region and Lower-Region

Regulations Committees of the Mississippi Flyway Council recommended

that Iowa be permitted to hold a portion of their regular duck season

in September to increase harvest opportunity on blue-winged teal.

Written Comments: Several individuals and petitions with 4,697

signatures requested nine additional days of duck hunting in Wisconsin.

The request notes that the efforts of duck hunters, the Wisconsin

Department of Natural Resources, Ducks Unlimited, and various

sportsmen's organizations have resulted in record levels of duck

production. The additional nine days of duck hunting would make

Wisconsin's season equal in length to certain other States in the

Mississippi Flyway that are permitted a September teal season.

Service Response: The Service previously determined in the

``Supplemental Environmental Impact Statement: Issuance of Annual

Regulations Permitting the Sport Hunting of Migratory Birds (SEIS 88)''

that the extension of framework dates into September for Iowa's

September duck season was a type of special season. The Service further

acknowledges that the 1990 assessment of special September teal seasons

included data from Iowa's September duck season segments during 1979-

87. As such, the effects of Iowa's special seasons were taken into

account when determining the appropriateness of September teal seasons

as a harvest-management tool. Iowa's data also suggested little impact

on other duck species during this season. Therefore, the Service

believes that Iowa's September duck season segment, as conducted during

1979-87, is consistent with the Service's policy regarding the use of

special seasons. Current status information for the blue-winged teal

supports Iowa's request for a September duck season in 1994. The

Service stated in SEIS 88 that special seasons should be re-evaluated

periodically to assess potential changes in impacts to the waterfowl

resource. The Service notes that more than a decade has passed since

Iowa conducted its evaluation of this season and requests that Iowa

collect information documenting the effect of this season on other duck

species in Iowa.

Regarding the requests for additional days of duck hunting in

Wisconsin, an important consideration in the establishment of hunting

regulations is the distinction between regular hunting seasons and

special seasons. Regular seasons are developed by Flyway/management

unit, and the same season length, bag limit, etc. are provided for all

States in that Flyway/management unit. Special seasons, however,

usually involve additional harvest opportunity and are focused on a

single species or group of species. Because of this, the use of these

seasons is limited to times and areas where the species or group is

sufficiently isolated to minimize impacts on other species/groups. This

limitation increases the likelihood that in some cases a special season

or some compensating increase in other harvest opportunity cannot be

available to all States. The September teal season is an example.

Wisconsin is one of nine States in the Mississippi and Central Flyways

that are not eligible for this special season.

3. Sea Ducks

Council Recommendations: The Atlantic Flyway Council recommended

that the 1994 sea duck season frameworks remain the same as the 1993-94

frameworks.

Written Comments: The Humane Society of the United States (Humane

Society) opposed this season in the Atlantic Flyway because they

believe crippling and wanton waste occur, information is insufficient

to justify a season, and available data indicate possible declines for

certain sea duck species. They believe that season length and bag

limits in the Atlantic Flyway should be reduced substantially until

more complete information on biology and population status is

available. They repeat their concern regarding seasons and limits on

sea ducks which are deemed too liberal, considering the quality and

quantity of data on population status and trends, and recommend

reductions in those regulations. The Humane Society notes that

apparently the Pacific Flyway Council has not completed a comparable

evaluation of its sea duck harvests and believes such seasons should be

closed until necessary data are obtained. Two local organizations from

Massachusetts requested a continuation of the 107-day sea duck season,

with a 7-bird bag limit to include scoters.

Service Response: The Service continues to be concerned about the

status of sea ducks and the potential impact that increased hunting

activity could have on these species. In recognition of the need for

additional information on these species, the Service prepared a report

(dated June, 1993) on sea duck and merganser hunting seasons, status,

and harvests in Alaska and the Pacific Flyway coastal states. This

document was prepared for use by the Service and the Pacific Flyway

Council in evaluating the effects of seasons on these ducks. There is

no special season on sea ducks in the Pacific Flyway; however, Alaska

has a sea duck limit that is additional to the limit on other ducks. In

the Atlantic Flyway, a report was recently completed (dated April,

1994) and distributed, describing the status of sea ducks in that

portion of the continent. Cooperative efforts are ongoing to summarize

additional information on sea ducks, however the Service continues to

emphasize the importance of completing the sea duck management plan.

Furthermore, the Service considers improvements in survey capabilities

for these species to be extremely important for future management

actions. In 1993, the Service reduced bag limits on scoters from 7 to 4

within an overall 7-bird sea duck limit. The Service will continue to

monitor these species and notes that further harvest restrictions may

be necessary.

4. Canada Geese

A. Special Seasons

Council Recommendations: The Atlantic Flyway Council recommended

that West Virginia be permitted to initiate a 3-year experimental

resident Canada goose season during September 1-15.

The Atlantic Flyway Council recommended modifications to hunt zones

for September seasons on resident Canada geese in Maryland, North

Carolina, Pennsylvania (Northwestern and Southeastern Zones), and

Virginia. These proposed changes would be experimental.

The Upper-Region Regulations Committee of the Mississippi Flyway

Council made the following recommendations pertaining to special Canada

goose seasons:

In Indiana, expand the September season hunting area to Statewide

with a September 1-15 framework. The proposed changes would not be

experimental.

In Michigan, extend the seasons in the northern Lower Peninsula and

Upper Peninsula for 2 additional years and expand the zone in the Upper

Peninsula to approximately the eastern half of the Peninsula; change

the season length in the southern part of the Lower Peninsula from 10

to 15 days (September 1-15) for 3 years and include the southern

portions of Tuscola and Huron Counties. The proposed changes would be

experimental.

In Minnesota, expand the Fergus Falls/Alexandria Zone and extend

the framework for the 10-day season to September 1-16 for 3 years. The

proposed changes would be experimental.

In Ohio, expand the September-season hunting area to Statewide with

a September 1-15 framework. The proposed changes would not be

experimental.

In Wisconsin, enlarge the size of the Southeastern Wisconsin Zone

and continue as a special season with a September 1-13 framework. The

proposed changes would not be experimental.

The Lower-Region Regulations Committee of the Mississippi Flyway

Council requested that the Service closely monitor all Canada goose

seasons and fully analyze data from existing special or experimental

seasons before expanding seasons that cumulatively might increase

harvest of the Southern James Bay Population. Also, current special

seasons should adhere to present criteria designed by the Service.

The Lower-Region Regulations Committee of the Mississippi Flyway

Council also requested that a 3-year experimental, 10-day September

Canada goose season be permitted in the eastern portion of Tennessee.

The Pacific Flyway Council recommended that there be no change in

frameworks in the experimental goose zone in Oregon or in the

operational status in Washington. They also recommended no change in

frameworks for Wyoming.

Written Comments: The Wisconsin Department of Natural Resources

expressed concern that all of their special September Canada goose zone

would return to experimental status, rather than just the expanded

portion. They also indicated that they wish to delay the zone expansion

and later season dates until next year.

Service Response: The Service agrees with the proposed changes to

resident Canada goose seasons in Maryland, North Carolina,

Pennsylvania, Virginia, Indiana, Michigan, Minnesota, Ohio, and

Wisconsin and the new seasons in Tennessee and West Virginia. All of

these proposed changes are considered experimental and subject to

evaluation.

The Service notes that all of the seasons proposed in the

Mississippi Flyway, except those for Michigan, Minnesota and Tennessee,

were not proposed as experimental. The Service remains committed to

population-specific management of Canada geese. However, the Service

believes that the contribution of different goose populations to the

goose harvest during special seasons must be determined experimentally.

For this reason, the Service has established criteria for special

Canada goose seasons (58 FR 44578-44579), which clearly state the need

for experimental evaluation of new seasons, including extensions of

geographic areas or times. Therefore, the Service agrees to the changes

proposed by the Mississippi Flyway Council, but on an experimental

basis and provided an approved evaluation is conducted as specified in

the existing criteria.

B. Regular Seasons.

Council Recommendations: The Upper-Region Regulations Committee of

the Mississippi Flyway Council recommended that the early-season

frameworks provide for the opening of regular goose seasons in

Wisconsin and the Upper Peninsula of Michigan as early as September 24.

The Lower-Region Regulations Committee of the Mississippi Flyway

Council requested that the Service closely monitor all Canada goose

seasons and fully analyze data from existing special or experimental

seasons before expanding seasons that cumulatively might increase

harvest of the Southern James Bay Population of Canada geese.

The Pacific Flyway Council seeks a limited resumption of cackling

Canada goose hunting throughout their range and recommends that the

Service provide an expedited review of their recommended changes in

cackling Canada goose regulations for impacts on Aleutian Canada geese

under the Section 7 consultation process.

Written Comments: The Michigan Department of Natural Resources

believes that regular goose seasons should be allowed to open as early

as September 24 in the Upper Peninsula of Michigan. They noted that

significant numbers of migrant geese begin arriving in the Upper

Peninsula during September 20-24 in most years. They anticipate that

harvest in this region would remain small compared to the rest of the

State. They also believe that nearly all Canada geese harvested in this

region are of the giant subspecies or the Mississippi Valley

Population. Finally, they noted that allowing a September 24 opening

would provide equitable hunting opportunity compared to other areas

because most geese leave this region by early November.

The Association of Village Council Presidents, representing Native

American interests in the Yukon-Kuskokwim Delta area of Alaska,

supported modest liberalizations of white-fronted goose seasons in

Alaska and Washington. However, they did not support further

liberalizations in Oregon or California, noting that liberalizations

occurred during each of the preceding years and that it was difficult

to measure the effects of these incremental changes.

Service Response: The Service concurs with the September 24 opening

of regular Canada goose seasons in Wisconsin and in Michigan's Upper

Peninsula. The Service routinely monitors Canada goose seasons for

impacts on the Southern James Bay Population through its harvest

surveys and reviews of State evaluation reports on special seasons.

The population index for cackling Canada geese was 164,300 geese in

1993, which was 10 percent above the 1992 index and the largest since

this special survey was initiated in 1979. The Service supports the

Pacific Flyway Council's recommendation for a resumption of the season

on these geese and frameworks described herein reflect that change.

Section 7 consultation is an integral part of the season-setting

process.

The population index for the Pacific Population of white-fronted

geese was 295,000 in November 1993 and near the population objective of

300,000. The Service concurs with the Association of Village Council

Presidents for increased limits on white-fronted geese in western

Alaska and frameworks, herein, reflect that change. A decision

regarding frameworks affecting white-fronted goose harvests in

Washington, Oregon, and California, however, will be deferred to the

late-season process.

9. Sandhill Cranes

Council Recommendations: The Central and Pacific Flyway Councils

recommended no changes in the Federal frameworks for the hunting of

sandhill cranes during the 1994-95 seasons.

Written Comments: The Texas Parks and Wildlife Department responded

to statements in the April 7, 1994, Federal Register (59 FR 16765)

which indicated that there should be no increase or shift in crane

harvest toward the Gulf Coast Subpopulation of Mid-Continent Sandhill

Cranes and especially the greater-sandhill-crane component. They noted

that the Central Flyway Council did not propose any framework changes

for the 1994-95 seasons and asked for clarification of the reasons for

this concern, especially since the population remains stable. In this

regard, they suggested that the Service provide a harvest objective,

rationale and method of evaluation of any harvest reduction proposed.

Furthermore, the appropriate level of management should be clearly

identified, i.e. population, subpopulation, or subspecies level.

Although biologists working in Texas support management at the

population or subpopulation level, they indicated that zoning for the

hunting of cranes could not be attempted until these issues had been

resolved.

Service Response: In 1993, the Central and Pacific Flyways

completed a revision of the Cooperative Management Plan for the Mid-

Continent Population of sandhill cranes. This revision established a

goal of a stable population at levels observed during the 1982-92

period and removed the harvest threshold (25,000) that had been in

place since 1981. The Service believes that future management actions

for Mid-Continent cranes should be based on the recognition of

biologically discrete subpopulations, which would necessitate the

development of certain data collection efforts at the subspecies level.

In the April 9, 1993, Federal Register (59 FR 16765), the Service

reiterated its concern that overall harvest levels should not be

increased and that there should be no increase or shift in harvest

toward the Gulf Coast Subpopulation or to the greater sandhill crane

component. The Service supports continuation of last year's frameworks

but remains extremely concerned about possible increases or shifts in

harvest toward the Gulf Coast subpopulation, especially the greater-

sandhill-crane component. The Service considers a harvest threshold to

be an integral component of the Cooperative Management Plan for the

Mid-Continent Population and hopes that the newly-formed crane working

group, appointed by the Central Flyway Council, will strongly

reconsider the need for a harvest threshold in the development of a

harvest strategy for this population.

11. Moorhens & Gallinules

Written Comments: The Humane Society of the United States believes

the bag limits for moorhens are extremely high.

Service Response: The Service is not aware of any information

indicating that the current bag limits have had any adverse impact on

moorhen populations. Since these bag limits have been the same for a

number of years, the Service believes they are appropriate.

12. Rails

Written Comments: The Humane Society of the United States believes

that bag limits for rails are extremely high and that they are not

consistent with wise use and conservation of the resource.

Service Response: Available information indicates that harvest

pressure on rails is relatively light and there is no evidence to

suggest that the frameworks provided herein are not appropriate.

13. Snipe

Council Recommendations: The Pacific Flyway Council recommends no

change in frameworks.

Written Comments: The Humane Society of the United States believes

the bag limits for common snipe are extremely high.

Service Response: The Service believes that frameworks provided

herein are appropriate, considering the relatively light harvest

pressure on snipe.

14. Woodcock

Council Recommendations: The Lower-Region Regulations Committee of

the Mississippi Flyway Council requested that Tennessee be allowed to

divide the State into 2 zones (East and West) for woodcock hunting.

Service Response: The Service is concerned about the gradual long-

term declines in woodcock populations in both the Eastern and Central

management regions. Although habitat changes appear to be the primary

factor in the declines, adjustment of harvest opportunities may be

appropriate in light of current population trends. The Service will

work with the Atlantic and Mississippi Flyway Councils to review the

status of woodcock and cooperatively develop a harvest-management

strategy. The Service believes that zoning has the potential to

increase the harvest of woodcock. Therefore, the Service does not

support a zoned woodcock season at a time when woodcock populations are

declining and restrictive harvest regulations are being considered to

bring harvest opportunities to levels commensurate with current

populations.

15. Band-Tailed Pigeon

Council Recommendations: The Pacific Flyway Council recommended no

change in the band-tailed pigeon frameworks for the Pacific Coast and

Four Corners populations.

Service Response: The Service supports the continuation of seasons

on both the Coastal and Interior Populations. Regarding the Coastal

Population, the Service has reviewed recent population status and

harvest information provided by the States. This information indicates

that the Coastal Population probably numbers between 2 and 3 million

birds and that the 1993 harvest did not exceed 16,000 band-tails.

However, the Service remains concerned about the long-term decline of

this population and continues to support restrictive harvest

regulations. Again this year, all States having band-tailed pigeon

hunting seasons must require band-tailed pigeon hunters to obtain

mandatory State permits (or participate in the nationwide Migratory

Bird Harvest Information Program) to provide a sampling frame for

obtaining more precise estimates of band-tailed pigeon harvest. Those

States not participating in the Migratory Bird Harvest Information

Program will be required to conduct a harvest survey and provide the

results to the Service by June 1, 1995.

16. Mourning Doves

Council Recommendations: The Central Flyway Council recommended

that Texas be allowed an increase in the number of segments from 2 to 3

in 2 of the 3 mourning dove hunting zones now offered to Texas.

The Pacific Flyway Council recommended that there be no change in

the frameworks for mourning doves.

Service Response: The Service denies the request pertaining to

Texas. In the August 23, 1993, Federal Register (58 FR 44581), the

Service noted that the proliferation of zones and split seasons is

contrary to the preferred alternative in the ``1988 Supplemental

Environmental Impact Statement: Issuance of Annual Regulations

Permitting the Sport Hunting of Migratory Birds (FSES 88-14).'' In

regard to Texas, the Service noted that no other States are allowed to

select both 3 zones and 3 splits for any species; in fact, no State

other than Texas is allowed to select 3 zones for doves. The Service

also expressed concern about the ability to detect and measure possible

changes in harvest that may result from those additional splits.

Additionally, the Service is concerned about changes in the

schedule for inclusion of States in the Harvest Information Program. It

emphasizes the need for full implementation of this program to gain

accurate harvest estimates for mourning doves and other migratory game

birds. This information is needed to evaluate changes in hunting

seasons such as the proposed change in Service policy governing zones

and splits in Texas.

17. White-winged and White-tipped doves

Council Recommendations: The Central Flyway Council recommended

that the number of white-winged doves allowed in the 12-bird aggregate

bag limit during the mourning dove season be increased from 2 to 6 in

the Texas Counties of Cameron, Hidalgo, Starr, and Willacy.

The Pacific Flyway Council recommended no change in the frameworks.

Service Response: The Service approves the request to increase the

bag limit in Texas. The whitewing population in the four-county area of

South Texas has improved dramatically from past years and has

apparently recovered from significant population decreases due to

habitat degradation caused by drought and freezing temperatures.

18. Alaska

Council Recommendations: The Pacific Flyway Council recommended

that Alaska be allowed no more than 1 Canada goose in the daily bag for

Unit 9E and the western portions of Unit 18. The Council also

recommended that the Statewide closure on cackling Canada geese be

removed.

The Pacific Flyway Council recommended removal of restrictive bag

limits for white-fronted geese in Units 1-9 and 14-18 in Alaska. The

goose limit would be 6 daily and 12 in possession, of which no more

than 4 daily and 8 in possession could be any combination of Canada or

white-fronted geese.

The Pacific Flyway Council recommended no change in frameworks for

tundra swans.

Written Comments: The Association of Village Council Presidents,

representing Native American interests in the Yukon-Kuskokwim Delta

area of Alaska, supported modest liberalizations of white-fronted goose

seasons in Alaska and Washington.

The Humane Society of the United States recommends that the opening

date for all seasons in Alaska be delayed by two weeks so that young

birds are able to leave natal marshes before being subjected to hunting

pressure.

Service Response: The Service concurs with the Pacific Flyway

Council's recommendations for one Canada goose in the daily limit in

those areas in western Alaska previously closed to protect cackling

Canada geese and agrees with eliminating the state-wide closure on

cackling Canada geese. The frameworks herein reflect those changes.

The Service supports the Association for Village Council

Presidents' recommendation for increased limits on white-fronted geese

in portions of western Alaska; and frameworks herein reflect that

change. A decision regarding seasons in Washington will be deferred

until the late-season process. It is important to note that in Alaska,

hunting pressure on migratory birds is comparatively light. Many

northern species will have migrated from the State before seasons open

there in September and there is no evidence to indicate that regulated

hunting has adversely impacted local populations.

22. Falconry

Council Recommendations: The Pacific Flyway Council recommends no

change in frameworks.

Written Comments: The Minnesota Department of Natural Resources

supported the Service policy regarding exceptions to the 3-split limit.

Service Response: The Service appreciates the support for the

frameworks contained in this document.

NEPA Consideration

NEPA considerations are covered by the programmatic document,

``Final Supplemental Environmental Impact Statement: Issuance of Annual

Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88-

14),'' filed with EPA on June 9, 1988. Notice of Availability was

published in the Federal Register on June 16, 1988 (53 FR 22582). The

Service's Record of Decision was published on August 18, 1988 (53 FR

31341). Copies of these documents are available from the Service at the

address indicated under the caption ADDRESSES.

Endangered Species Act Consideration

In August 1994, the Division of Endangered Species concluded that

the proposed action is not likely to jeopardize the continued existence

of listed species or result in the destruction or adverse modification

of their critical habitats. Hunting regulations are designed, among

other things, to remove or alleviate chances of conflict between

seasons for migratory game birds and the protection and conservation of

endangered and threatened species and their habitats. The Service's

biological opinions resulting from its consultation under section 7 are

considered public documents and are available for inspection in the

Division of Endangered Species and the Office of Migratory Bird

Management.

Regulatory Flexibility Act; Executive Order (E.O.) 12866 and the

Paperwork Reduction Act

In the Federal Register dated April 7, 1994 (59 FR 16762), the

Service reported measures it had undertaken to comply with requirements

of the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq) and

Executive Order 12866. These included preparing an Analysis of

Regulatory Effects, preparing a Small Entity Flexibility Analysis under

the Regulatory Flexibility Act, and publishing a summary of the latter.

This rule was not subject to review by the Office of Management and

Budget under Executive Order 12866. This rule does not contain any

information collection requiring approval by the Office of Management

and Budget under 44 U.S.C. 3504.

Authorship

The primary author is Robert J. Blohm, Office of Migratory Bird

Management.

Regulations Promulgation

The rulemaking process for migratory bird hunting regulations must,

by its nature, operate under severe time constraints. However, the

Service is of the view that every attempt should be made to give the

public the greatest possible opportunity to comment on the regulations.

Thus, when the proposed early-season rulemaking was published on July

13, the Service established what it believed was the longest period

possible for public comment. In doing this, the Service recognized

that, at the close of the comment period, time would be of the essence.

That is, if there were a delay in the effective date of these

regulations after this final rulemaking, the Service is of the opinion

that the States would have insufficient time to select season dates and

limits; to communicate those selections to the Service; and to

establish and publicize the necessary regulations and procedures that

implement their decisions.

Therefore, the Service, under authority of the Migratory Bird

Treaty Act (July 3, 1918), as amended, (16 U.S.C. 703-712), prescribes

final frameworks setting forth the species to be hunted, the daily bag

and possession limits, the shooting hours, the season lengths, the

earliest opening and latest closing season dates, and hunting areas,

from which State and Territory conservation agency officials may select

hunting season dates and other options. Upon receipt of season and

option selections from these officials, the Service will publish in the

Federal Register a final rulemaking amending 50 CFR part 20 to reflect

seasons, limits, and shooting hours for the contiguous United States,

Alaska, Hawaii, Puerto Rico, and the Virgin Islands, for the 1993-94

season.

The Service therefore finds that ``good cause'' exists, within the

terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and

these frameworks will, therefore, take effect immediately upon

publication.

List of Subjects in 50 CFR Part 20

Exports, Hunting, Imports, Reporting and recordkeeping

requirements, Transportation, Wildlife.

The rules that eventually will be promulgated for the 1993-94

hunting season are authorized under the Migratory Bird Treaty Act (July

3, 1918), as amended, (16 U.S.C. 703-712); the Fish and Wildlife

Improvement Act (November 8, 1978), as amended, (16 U.S.C. 742); and

the Fish and Wildlife Act of 1956 (August 8, 1956), as amended, (16

U.S.C. 742 a--j).

Dated: August 8, 1994

George. T. Frampton, Jr.

Assistant Secretary for Fish and Wildlife and Parks

Final Regulations Frameworks for 1994-95 Early Hunting Seasons on

Certain Migratory Game Birds

Pursuant to the Migratory Bird Treaty Act and delegated

authorities, the Director approved the following proposed frameworks

which prescribe season lengths, bag limits, shooting hours, and outside

dates within which States may select seasons for certain migratory game

birds between September 1, 1994, and March 10, 1995.

General

Dates: All outside dates noted below are inclusive.

Shooting and Hawking (taking by falconry) Hours: Unless otherwise

specified, from one-half hour before sunrise to sunset daily.

Possession Limits: Unless otherwise specified, possession limits

are twice the daily bag limit.

Area, Zone, and Unit Descriptions: Geographic descriptions that

differ from those published in the August 23, 1993, Federal Register

(58 FR 44576) are contained in a later portion of this document.

Special September Teal Season

Outside Dates: Between September 1 and September 30, an open season

on all species of teal may be selected by Alabama, Arkansas, Colorado

(Central Flyway portion only), Illinois, Indiana, Kansas, Kentucky,

Louisiana, Mississippi, Missouri, New Mexico (Central Flyway portion

only), Ohio, Oklahoma, Tennessee, and Texas in areas delineated by

State regulations.

Hunting Seasons and Daily Bag Limits: Not to exceed 9 consecutive

days, with a daily bag limit of 4 teal.

Shooting Hours: One-half hour before sunrise to sunset, except in

Arkansas, Illinois, Indiana, Missouri, and Ohio, where the hours are

from sunrise to sunset.

Special September Duck Seasons

Florida: An experimental 5-consecutive-day season may be selected

in September. The daily bag limit may not exceed 4 teal and wood ducks

in the aggregate.

Kentucky and Tennessee: In lieu of a special September teal season,

an experimental 5-consecutive-day season may be selected in September.

The daily bag limit may not exceed 4 teal and wood ducks in the

aggregate, of which no more than 2 may be wood ducks.

Iowa: Iowa may hold up to 5 days of its regular duck hunting season

in September. All ducks which are legal during the regular duck season

may be taken during the September segment of the season. The September

season segment may commence no earlier than the Saturday nearest

September 20 (September 17, 1994), with daily bag and possession limits

being the same as those in effect during the 1994 regular duck season.

The remainder of the regular duck season may not begin before October

15.

Scoter, Eider, and Oldsquaw Ducks (Atlantic Flyway)

Outside Dates: Between September 15 and January 20.

Hunting Seasons and Daily Bag Limits: Not to exceed 107 days, with

a daily bag limit of 7, singly or in the aggregate of the listed sea-

duck species, of which no more than 4 may be scoters.

Daily Bag Limits During the Regular Duck Season: Within the special

sea duck areas, during the regular duck season in the Atlantic Flyway,

States may choose to allow the above sea duck limits in addition to the

limits applying to other ducks during the regular duck season. In all

other areas, sea ducks may be taken only during the regular open season

for ducks and must be included in the regular duck season daily bag and

possession limits.

Areas: In all coastal waters and all waters of rivers and streams

seaward from the first upstream bridge in Maine, New Hampshire,

Massachusetts, Rhode Island, Connecticut, and New York; in any waters

of the Atlantic Ocean and in any tidal waters of any bay which are

separated by at least 1 mile of open water from any shore, island, and

emergent vegetation in New Jersey, South Carolina, and Georgia; and in

any waters of the Atlantic Ocean and in any tidal waters of any bay

which are separated by at least 800 yards of open water from any shore,

island, and emergent vegetation in Delaware, Maryland, North Carolina

and Virginia; and provided that any such areas have been described,

delineated, and designated as special sea-duck hunting areas under the

hunting regulations adopted by the respective States.

Special Early Canada Goose Seasons

Atlantic Flyway

Hunting Seasons: Experimental Canada goose seasons may be selected

by Maryland, Massachusetts, New Jersey, New York, North Carolina,

Pennsylvania, Virginia, and West Virginia. Areas open to the hunting of

Canada geese must be described, delineated, and designated as such in

each State's hunting regulations.

Outside Dates: Between September 1 and September 10, except that

the closing date is September 15 in Maryland, Massachusetts, New

Jersey, New York, southeastern Pennsylvania, Virginia, and West

Virginia and September 30 in North Carolina.

Daily Bag Limits: Not to exceed 5 Canada geese.

Mississippi Flyway

Hunting Seasons: Canada goose seasons may be selected by Indiana,

Michigan, Minnesota, Missouri, Ohio, Tennessee, and Wisconsin. Seasons

in all States except Wisconsin are experimental. Areas open to the

hunting of Canada geese must be described, delineated, and designated

as such in each State's hunting regulations.

Outside Dates: September 1-10 in Wisconsin and in the Upper

Peninsula and Northern Lower Peninsula Zones in Michigan; September 1-

15 in Indiana, Ohio, and the South Zone in Michigan; September 1-16 in

Minnesota; September 1-30 in Tennessee; and October 1-15 in Missouri.

Season Length: Not to exceed 10 days except in Indiana, Ohio, and

the South Zone in Michigan, where the season may extend for 15 days.

Daily Bag Limits: Not to exceed 5 Canada geese.

Pacific Flyway

Wyoming may select a September season on Canada geese subject to

the following conditions:

1. The season must be concurrent with the September portion of the

sandhill crane season.

2. Hunting will be by State permit.

3. No more than 150 permits, in total, may be issued.

4. Each permittee may take no more than 2 Canada geese per season.

Oregon, in the Lower Columbia River Zone, may select a season on

Canada geese subject to the following conditions:

1. The season length is 12 days during September 1-12.

2. The daily bag limit is 3 Canada geese.

Oregon, in the Northwest Zone, may select an experimental season on

Canada geese subject to the following conditions:

1. The season length is 12 days during September 1-12.

2. Hunting will be by State permit.

3. Each permittee may take no more than 2 Canada geese per day.

Washington may select a season on Canada geese, subject to the

following conditions, in the Lower Columbia River Zone:

1. The season length is 12 days during September 1-12.

2. The daily bag limit is 3 Canada geese.

Regular Goose Seasons

Regular goose seasons in Wisconsin and the Upper Peninsula of

Michigan may open as early as September 24. Season lengths and bag and

possession limits will be established during the late-season

regulations process.

Sandhill Cranes

Regular Seasons in the Central Flyway:

Outside Dates: Between September 1 and February 28.

Hunting Seasons: Seasons not to exceed 58 consecutive days may be

selected in designated portions of the following States: Colorado,

Kansas, Montana, North Dakota, South Dakota, and Wyoming. Seasons not

to exceed 93 consecutive days may be selected in designated portions of

the following States: New Mexico, Oklahoma, and Texas.

Daily Bag Limits: 3 sandhill cranes.

Permits: Each person participating in the regular sandhill crane

seasons must have a valid Federal sandhill crane hunting permit in his

possession while hunting.

Special Seasons in the Central and Pacific Flyways:

Arizona, Colorado, Idaho, Montana, New Mexico, Utah, and Wyoming

may select seasons for hunting sandhill cranes within the range of the

Rocky Mountain Population subject to the following conditions:

Outside Dates: Between September 1 and January 31.

Hunting Seasons: The season in any State or zone may not exceed 30

days.

Bag limits: Not to exceed 3 daily and 9 per season.

Permits: Participants must have a valid permit, issued by the

appropriate State, in their possession while hunting.

Other provisions: Numbers of permits, open areas, season dates,

protection plans for other species, and other provisions of seasons

must be consistent with the management plan and approved by the Central

and Pacific Flyway Councils. All hunts except those in Arizona, New

Mexico, Utah, and Wyoming will be experimental.

Common Moorhens and Purple Gallinules

Outside Dates: Between September 1 and January 20 in the Atlantic,

Mississippi, and Central Flyways. States in the Pacific Flyway have

been allowed to select their hunting seasons between the outside dates

for the season on ducks; therefore, they are late-season frameworks and

no frameworks are provided in this document.

Hunting Seasons and Daily Bag Limits: Seasons may not exceed 70

days in the Atlantic, Mississippi, and Central Flyways. Seasons may be

split into two segments. The daily bag limit is 15 common moorhens and

purple gallinules, singly or in the aggregate of the two species.

Rails

Outside Dates: States included herein may select seasons between

September 1 and January 20 on clapper, king, sora, and Virginia rails.

Hunting Seasons: The season may not exceed 70 days, and may be

split into two segments.

Daily Bag Limits: Clapper and King Rails - In Rhode Island,

Connecticut, New Jersey, Delaware, and Maryland, 10, singly or in the

aggregate of the two species. In Texas, Louisiana, Mississippi,

Alabama, Georgia, Florida, South Carolina, North Carolina, and

Virginia, 15, singly or in the aggregate of the two species.

Sora and Virginia Rails - In the Atlantic, Mississippi, and Central

Flyways and the Pacific-Flyway portions of Colorado, Montana, New

Mexico, and Wyoming, 25 daily and 25 in possession, singly or in the

aggregate of the two species. The season is closed in the remainder of

the Pacific Flyway.

Common Snipe

Outside Dates: Between September 1 and February 28. Except, in

Maine,Vermont, New Hampshire, Massachusetts, Rhode Island, Connecticut,

New York, New Jersey, Delaware, Maryland, and Virginia, the season must

end no later than January 31.

Hunting Seasons and Daily Bag Limits: Seasons may not exceed 107

days and may be split into two segments. The daily bag limit is 8

snipe.

American Woodcock

Outside Dates: States in the Atlantic Flyway may select hunting

seasons between October 1 and January 31. States in the Central and

Mississippi Flyways may select hunting seasons between September 1 and

January 31.

Hunting Seasons and Daily Bag Limits: In the Atlantic Flyway,

seasons may not exceed 45 days, with a daily bag limit of 3; in the

Central and Mississippi Flyways, seasons may not exceed 65 days, with a

daily bag limit of 5. Seasons may be split into two segments.

Zoning: New Jersey may select seasons in each of two zones. The

season in each zone may not exceed 35 days.

Band-tailed Pigeons

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

Outside Dates: Between September 15 and January 1.

Hunting Seasons and Daily Bag Limits: Not more than 9 consecutive

days, with bag and possession limits of 2 and 2 band-tailed pigeons,

respectively.

Permit Requirement: The appropriate State agency must issue

permits, and report on harvest and hunter participation to the Service

by June 1 of the following year, or participate in the Migratory Bird

Harvest Information Program.

Zoning: California may select hunting seasons not to exceed 9

consecutive days in each of two zones. The season in the North Zone

must close by October 7.

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

Outside Dates: Between September 1 and November 30.

Hunting Seasons and Daily Bag Limits: Not more than 30 consecutive

days, with a daily bag limit of 5 band-tailed pigeons.

Permit Requirement: The appropriate State agency must issue

permits, and report on harvest and hunter participation to the Service

by June 1 of the following year, or participate in the Migratory Bird

Harvest Information Program.

Zoning: New Mexico may select hunting seasons not to exceed 20

consecutive days in each of two zones. The season in the South Zone may

not open until October 1.

Mourning Doves

Outside Dates: Between September 1 and January 15, except as

otherwise provided, States may select hunting seasons and daily bag

limits as follows:

Eastern Management Unit (All States east of the Mississippi River, and

Louisiana)

Hunting Seasons and Daily Bag Limits: Not more than 70 days with a

daily bag limit of 12, or not more than 60 days with a daily bag limit

of 15.

Zoning and Split Seasons: States may select hunting seasons in each

of two zones. The season within each zone may be split into not more

than three periods. The hunting seasons in the South Zones of Alabama,

Florida, Georgia, Louisiana, and Mississippi may commence no earlier

than September 20. Regulations for bag and possession limits, season

length, and shooting hours must be uniform within specific hunting

zones.

Central Management Unit (Arkansas, Colorado, Iowa, Kansas, Minnesota,

Missouri, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South

Dakota, Texas, and Wyoming)

Hunting Seasons and Daily Bag Limits: Not more than 70 days with a

daily bag limit of 12, or not more than 60 days with a daily bag limit

of 15.

Zoning and Split Seasons: States may select hunting seasons in each

of two zones. The season within each zone may be split into not more

than three periods. Texas may select hunting seasons for each of three

zones subject to the following conditions:

A. The hunting season may be split into not more than two periods,

except in that portion of Texas in which the special white-winged dove

season is allowed, where a limited mourning dove season may be held

concurrently with that special season (see white-winged dove

frameworks).

B. A season may be selected for the North and Central Zones between

September 1 and January 25; and for the South Zone between September 20

and January 25.

C. Each zone may have a daily bag limit of 12 doves (15 under the

alternative) in the aggregate, no more than 6 of which may be white-

winged doves and no more than 2 of which may be white-tipped doves,

except that during the special white-winged dove season, the daily bag

limit may not exceed 10 white-winged, mourning, and white-tipped doves

in the aggregate, of which no more than 5 may be mourning doves and 2

may be white-tipped doves.

D. Except as noted above, regulations for bag and possession

limits, season length, and shooting hours must be uniform within each

hunting zone.

Western Management Unit (Arizona, California, Idaho, Nevada, Oregon,

Utah, and Washington)

Hunting Seasons and Daily Bag Limits:

Idaho, Nevada, Oregon, Utah, and Washington - Not more than 30

consecutive days with a daily bag limit of 10 mourning doves (in

Nevada, the daily bag limit may not exceed 10 mourning and white-winged

doves in the aggregate).

Arizona and California - Not more than 60 days which may be split

between two periods, September 1-15 and November 1-January 15. In

Arizona, during the first segment of the season, the daily bag limit is

10 mourning and white-winged doves in the aggregate, of which no more

than 6 may be white-winged doves. During the remainder of the season,

the daily bag limit is restricted to 10 mourning doves. In California,

the daily bag limit may not exceed 10 mourning and white-winged doves

in the aggregate.

White-Winged and White-Tipped Doves

Hunting Seasons and Daily Bag Limits:

Except as shown below, seasons in Arizona, California, Florida,

Nevada, New Mexico, and Texas must be concurrent with mourning dove

seasons.

Arizona may select a hunting season of not more than 30 consecutive

days, running concurrently with the first segment of the mourning dove

season. The daily bag limit may not exceed 10 mourning and white-winged

doves in the aggregate, of which no more than 6 may be white-winged

doves.

In Florida, the daily bag limit may not exceed 12 mourning and

white-winged doves (15 under the alternative) in the aggregate, of

which no more than 4 may be white-winged doves.

In the Nevada Counties of Clark and Nye, and in the California

Counties of Imperial, Riverside, and San Bernardino, the daily bag

limit may not exceed 10 mourning and white-winged doves in the

aggregate.

In New Mexico, the daily bag limit may not exceed 12 mourning and

white-winged doves (15 under the alternative) in the aggregate.

In Texas, the daily bag limit may not exceed 12 mourning, white-

winged, and white-tipped doves (15 under the alternative) in the

aggregate, of which not more than 6 may be white-winged doves and not

more than 2 may be white-tipped doves.

In addition, Texas may also select a hunting season of not more

than 4 days for the special white-winged dove area of the South Zone

between September 1 and September 19. The daily bag limit may not

exceed 10 white-winged,mourning, and white-tipped doves in the

aggregate, of which no more than 5 may be mourning doves and 2 may be

white-tipped doves.

Alaska

Outside Dates: Between September 1 and January 26.

Hunting Seasons: Alaska may select 107 consecutive days for

waterfowl, sandhill cranes, and common snipe in each of five zones. The

season may be split without penalty in the Kodiak Zone. The seasons in

each zone must be concurrent.

Closures: The season is closed on Canada geese from Unimak Pass

westward in the Aleutian Island chain. The hunting season is closed on

Aleutian Canada geese, emperor geese, spectacled eiders, and Steller's

eiders.

Daily Bag and Possession limits:

Ducks--Except as noted, a basic daily bag limit of 5 and a

possession limit of 15 ducks. Daily bag and possession limits in the

North Zone are 8 and 24, and in the Gulf Coast Zone they are 6 and 18,

respectively. The basic limits may include no more than 2 pintails

daily and 6 in possession, and 1 canvasback daily and 3 in possession.

In addition to the basic limit, there is a daily bag limit of 15

and a possession limit of 30 scoter, common and king eiders, oldsquaw,

harlequin, and common and red-breasted mergansers, singly or in the

aggregate of these species.

Geese--A basic daily bag limit of 6, of which not more than 4 may

be greater white-fronted or Canada geese, singly or in the aggregate of

these species, except that the daily bag limit on Canada geese in Game

Management Units 9E and 18 is 1.

Brant--A daily bag limit of 2.

Common snipe--A daily bag limit of 8.

Sandhill cranes--A daily bag limit of 3.

Tundra swans--Open seasons for tundra swans may be selected subject

to the following conditions:

1. No more than 300 permits may be issued in GMU 22, authorizing

each permittee to take 1 tundra swan per season.

2. No more than 500 permits may be issued during the

experimental season in GMU 18. No more than 1 tundra swan may be

taken per permit.

3. The seasons must be concurrent with other migratory bird

seasons.

4. The appropriate State agency must issue permits, obtain

harvest and hunter-participation data, and report the results of

this hunt to the Service by June 1 of the following year.

Hawaii

Outside Dates: Between September 1 and January 15.

Hunting Seasons: Not more than 60 days (70 under the alternative)

for mourning doves.

Bag Limits: Not to exceed 15 (12 under the alternative) mourning

doves.

Note: Mourning doves may be taken in Hawaii in accordance with

shooting hours and other regulations set by the State of Hawaii, and

subject to the applicable provisions of 50 CFR part 20.

Puerto Rico

Doves and Pigeons:

Outside Dates: Between September 1 and January 15.

Hunting Seasons: Not more than 60 days.

Daily Bag and Possession Limits: Not to exceed 10 Zenaida,

mourning, and white-winged doves in the aggregate. Not to exceed 5

scaly-naped pigeons.

Closed Areas: There is no open season on doves or pigeons in the

following areas: Municipality of Culebra, Desecheo Island, Mona Island,

El Verde Closure Area, and Cidra Municipality and adjacent areas.

Ducks, Coots, Moorhens, Gallinules, and Snipe:

Outside Dates: Between October 1 and January 31.

Hunting Seasons: Not more than 55 days may be selected for hunting

ducks, common moorhens, and common snipe. The season may be split into

two segments.

Daily Bag Limits:

Ducks--Not to exceed 3.

Common moorhens--Not to exceed 6.

Common snipe--Not to exceed 6.

Closed Seasons: The season is closed on the ruddy duck, white-

cheeked pintail, West Indian whistling duck, fulvous whistling duck,

and masked duck, which are protected by the Commonwealth of Puerto

Rico. The season also is closed on the purple gallinule, American coot,

and Caribbean coot.

Closed Areas: There is no open season on ducks, common moorhens,

and common snipe in the Municipality of Culebra and on Desecheo Island.

Virgin Islands

Doves and Pigeons:

Outside Dates: Between September 1 and January 15.

Hunting Seasons: Not more than 60 days for Zenaida doves.

Daily Bag and Possession Limits: Not to exceed 10 Zenaida doves.

Closed Seasons: No open season is prescribed for ground or quail

doves, or pigeons in the Virgin Islands.

Closed Areas: There is no open season for migratory game birds on

Ruth Cay (just south of St. Croix).

Local Names for Certain Birds: Zenaida dove, also known as mountain

dove; bridled quail-dove, also known as Barbary dove or partridge;

Common ground-dove, also known as stone dove, tobacco dove, rola, or

tortolita; scaly-naped pigeon, also known as red-necked or scaled

pigeon.

Ducks:

Outside Dates: Between December 1 and January 31.

Hunting Seasons: Not more than 55 consecutive days.

Daily Bag Limits: Not to exceed 3 ducks.

Closed Seasons: The season is closed on the ruddy duck, white-

cheeked pintail, West Indian whistling duck, fulvous whistling duck,

and masked duck.

Special Falconry Regulations

Falconry is a permitted means of taking migratory game birds in any

State meeting Federal falconry standards in 50 CFR 21.29(k). These

States may select an extended season for taking migratory game birds in

accordance with the following:

Extended Seasons: For all hunting methods combined, the combined

length of the extended season, regular season, and any special or

experimental seasons shall not exceed 107 days for any species or group

of species in a geographical area. Each extended season may be divided

into a maximum of 3 segments.

Framework Dates: Seasons must fall between September 1 and March

10.

Daily Bag and Possession Limits: Falconry daily bag and possession

limits for all permitted migratory game birds shall not exceed 3 and 6

birds, respectively, singly or in the aggregate, during extended

falconry seasons, any special or experimental seasons, and regular

hunting seasons in all States, including those that do not select an

extended falconry season.

Regular Seasons: General hunting regulations, including seasons and

hunting hours, apply to falconry in each State listed in 50 CFR

21.29(k). Regular-season bag and possession limits do not apply to

falconry. The falconry bag limit is not in addition to gun limits.

Area, Unit, and Zone Descriptions

Central Flyway portion of the following States consists of:

Colorado: That area lying east of the Continental Divide.

Montana: That area lying east of Hill, Chouteau, Cascade, Meagher,

and Park Counties.

New Mexico: That area lying east of the Continental Divide but

outside the Jicarilla Apache Indian Reservation.

Wyoming: That area lying east of the Continental Divide.

The remaining portions of these States are in the Pacific Flyway.

Mourning and White-Winged Doves

Alabama

South Zone--Baldwin, Barbour, Coffee, Covington, Dale, Escambia,

Geneva, Henry, Houston, and Mobile Counties.

North Zone--Remainder of the State.

California

White-winged Dove Open Areas--Imperial, Riverside, and San

Bernardino Counties.

Florida

Northwest Zone--The Counties of Bay, Calhoun, Escambia, Franklin,

Gadsden, Gulf, Holmes, Jackson, Liberty, Okaloosa, Santa Rosa, Walton,

Washington, Leon (except that portion north of U.S. 27 and east of

State Road 155), Jefferson (south of U.S. 27, west of State Road 59 and

north of U.S. 98), and Wakulla (except that portion south of U.S. 98

and east of the St. Marks River).

South Zone--Remainder of State.

Georgia

Northern Zone--That portion of the State lying north of a line

running west to east along U.S. Highway 280 from Columbus to Wilcox

County, thence southward along the western border of Wilcox County;

thence east along the southern border of Wilcox County to the Ocmulgee

River, thence north along the Ocmulgee River to Highway 280, thence

east along Highway 280 to the Little Ocmulgee River; thence southward

along the Little Ocmulgee River to the Ocmulgee River; thence

southwesterly along the Ocmulgee River to the western border of the

Jeff Davis County; thence south along the western border of Jeff Davis

County; thence east along the southern border of Jeff Davis and Appling

Counties; thence north along the eastern border of Appling County, to

the Altamaha River; thence east to the eastern border of Tattnall

County; thence north along the eastern border of Tattnall County;

thence north along the western border of Evans to Candler County;

thence west along the southern border of Candler County to the Ohoopee

River; thence north along the western border of Candler County to

Bulloch County; thence north along the western border of Bulloch County

to U.S. Highway 301; thence northeast along U.S. Highway 301 to the

South Carolina line.

South Zone--Remainder of the State.

Louisiana

North Zone--That portion of the State north of Interstate Highway

10 from the Texas State line to Baton Rouge, Interstate Highway 12 from

Baton Rouge to Slidell and Interstate Highway 10 from Slidell to the

Mississippi State line.

South Zone--The remainder of the State.

Mississippi

South Zone--The Counties of Forrest, George, Greene, hancock,

Harrison, Jackson, Lamar, Marion, Pearl River, Perry, Pike, Stone, and

Walthall.

North Zone--The remainder of the State.

Nevada

White-winged Dove Open Areas--Clark and Nye Counties.

Texas

North Zone--That portion of the State north of a line beginning at

the International Bridge south of Fort Hancock; north along FM 1088 to

TX 20; west along TX 20 to TX 148; north along TX 148 to I-10 at Fort

Hancock; east along I-10 to I-20; northeast along I-20 to I-30 at Fort

Worth; northeast along I-30 to the Texas-Arkansas State line.

South Zone--That portion of the State south and west of a line

beginning at the International Bridge south of Del Rio, proceeding east

on U.S. 90 to San Antonio; then east on I-10 to Orange, Texas.

Special White-winged Dove Area in the South Zone--That portion of

the State south and west of a line beginning at the International

Bridge south of Del Rio, proceeding east on U.S. 90 to Uvalde; south on

U.S. 83 to TX 44; east along TX 44 to TX 16 at Freer; south along TX 16

to TX 285 at Hebbronville; east along TX 285 to FM 1017; southwest

along FM 1017 to TX 186 at Linn; east along TX 186 to the Mansfield

Channel at Port Mansfield; east along the Mansfield Channel to the Gulf

of Mexico.

Area with additional restrictions--Cameron, Hidalgo, Starr, and

Willacy Counties.

Central Zone--That portion of the State lying between the North and

South Zones.

Band-Tailed Pigeons

California

North Zone--Alpine, Butte, Del Norte, Glenn, Humboldt, Lassen,

Mendocino, Modoc, Plumas, Shasta, Sierra, Siskiyou, Tehama, and Trinity

Counties.

South Zone--The remainder of the State.

New Mexico

North Zone--North of a line following U.S. 60 from the Arizona

State line east to I-25 at Socorro and then south along I-25 from

Socorro to the Texas State line.

South Zone--Remainder of the State.

Washington

Western Washington--The State of Washington excluding those

portions lying east of the Pacific Crest Trail and east of the Big

White Salmon River in Klickitat County.

Woodcock

New Jersey

North Zone--That portion of the State north of NJ 70.

South Zone--The remainder of the State.

Special September Goose Seasons

Atlantic Flyway

Maryland

Open Area--Counties of Allegany, Anne Arundel, Baltimore, Calvert,

Charles, Carroll, Dorchester, Frederick, Garret, Harford, Howard,

Montgomery, Prince George's, St. Mary's, Somerset, Washington,

Wicomico, and Worcester.

Massachusetts

Western Zone--That portion of the State west of a line extending

from the Vermont line at I-91, south to Route 9, west on Route 9 to

Route 10, south on Route 10 to Route 202, south on Route 202 to the

Connecticut line.

New Jersey

Open Area--That portion of New Jersey within a continuous line that

runs east along the New York State boundary line to the Hudson River;

then south along the New York State boundary to its intersection with

Route 440 at Perth Amboy; then west on Route 440 to its intersection

with the Garden State Parkway; then south on the Parkway to its

intersection with Route 70; then west on Route 70 to its intersection

with Route 206; then south on Route 206 to its intersection with Route

54; then south on Route 54 to its intersection with Route 40; then west

on Route 40 to its intersection with the New Jersey Turnpike; then

south on the Turnpike to the Delaware State boundary line; then north

on the Delaware State boundary line to its intersection with the

Pennsylvania State boundary; then north on the Pennsylvania boundary in

the Delaware River to its intersection with the New York State

boundary.

New York

Northern Area--All or portions of St. Lawrence County; see State

hunting regulations for area descriptions.

Western Area--Counties of Erie, Cattaraugus, Chautauqua, Niagara,

Orleans, and Genesee, and portions of Wyoming, Livingston, Allegany and

Steuben Counties.

Southeastern Area--All of Rockland, Westchester, Orange, Putnam,

Dutchess, Columbia, and Rensselaer Counties, and portions of Sullivan,

Delaware, Ulster, Greene, Albany, Schenectady, Saratoga, Warren, and

Washington Counties.

North Carolina

Early-season Canada Goose Area--The special early Canada goose

resident season may be held in all areas of the State, except the

Counties of Bertie, Beaufort, Camden, Chovan, Currituck, Dare, Gates,

Hartford, Hyde, Northampton (East of I-95), Pamlico, Pasquotank,

Perquimans, Tyrrell, and Washington.

Pennsylvania

Northwestern Early-Season Goose Area--Counties of Allegheny,

Armstrong, Beaver, Butler, Cambria, Crawford, Erie, Greene, Fayette,

Indiana, Lawrence, Mercer, Somerset, Venango, Washington, and

Westmoreland.

Southeastern Early-Season Goose Area--Counties of Berks, Bucks,

Chester, Delaware, Lehigh, Monroe, Montgomery, Northampton, Pike and

Wayne.

Virginia

Open Area--Counties of Accomack, Albemarle, Alleghany, Amelia,

Amherst, Appomattox, Augusta, Bath, Bedford, Buckingham, Caroline,

Charles City, Chesterfield, Clarke, Culpeper, Cumberland, Fairfax,

Fauquier, Frederick, Fluvanna, Goochland, Greene, Hanover, Henrico,

Highland, Isle of Wight, James City, King William, Loudoun, Louisa,

Madison, Nelson, New Kent, Northampton, Orange, Page, Powhatan, Prince

George, Prince William, Rappahannock, Rockbridge, Rockingham,

Shenandoah, Spotsylvania, Stafford, Surry, Warren and York.

Mississippi Flyway

Michigan

Upper Peninsula Zone--That portion of the Upper Peninsula outside

the AuTrain Basin Waterfowl Project in Alger County (described below)

and east of a line described as follows: Beginning at the point where

the meridian line 87'30' intersects the United States-Canada border,

then south along the 87'30' meridian line to the 47'00' parallel, west

along the 47'00' parallel to a point directly north of County Road 550

in the village of Big Bay in Marquette County, southerly along this

line and County 550 through Big Bay to County 510, southerly along

County 510 to Michigan Highway 28/U.S. Highway 41, westerly along M-28/

U.S. 41 to M-35, southerly along M-35 to the Delta County line,

westerly and southerly along the Delta County line to the Lake Michigan

shoreline, then southeasterly along the Central-Eastern time zone

boundary to the Wisconsin border in Green Bay. The AuTrain Basin

Waterfowl Project is bounded on the north by M-94, on the south by

Trout Lake Road, on the east by County 509 (Rapid River Truck Trail),

and on the west by M-67.

Northern Lower Peninsula Zone--Bay, Isabella, Mecosta, Midland,

Newaygo, and Oceana Counties and all counties north thereof.

Southern Lower Peninsula Zone--The remainder of the Lower

Peninsula, excluding Huron, Saginaw, and Tuscola Counties.

Minnesota

Twin Cities Metro Zone--All of Hennepin and Ramsey Counties.

In Anoka County; the municipalities of Andover, Anoka, Blaine,

Centerville, Circle Pines, Columbia Heights, Coon Rapids, Fridley,

Hilltop, Lexington, Lino Lakes, Ramsey, and Spring Lake Park; that

portion of Columbus Township lying south of County State Aid Highway

(CSAH) 18; and all of the municipality of Ham Lake except that portion

described as follows:

Beginning at the intersection of CSAH 18 and U.S. Highway 65, then

east along CSAH 18 to the eastern boundary of Ham Lake, north along the

eastern boundary of Ham Lake to the north boundary of Ham Lake, west

along the north boundary of Ham Lake to U.S. 65, and south along U.S.

65 to the point of beginning.

In Carver County; the municipalities of Carver, Chanhassen, Chaska,

and Victoria; the Townships of Chaska and Laketown; and those portions

of the municipalities of Cologne, Mayer, Waconia, and Watertown and the

Townships of Benton, Dahlgren, Waconia, and Watertown lying north and

east of the following described line:

Beginning on U.S. 212 at the southwest corner of the municipality

of Chaska, then west along U.S. 212 to State Trunk Highway (STH) 284,

north along STH 284 to CSAH 10, north and west along CSAH 10 to CSAH

30, north and west along CSAH 30 to STH 25, west and north along STH 25

to CSAH 10, north along CSAH 10 to the Carver County line, and east

along the Carver County line to the Hennepin County line.

In Dakota County; the municipalities of Apple Valley, Burnsville,

Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Lilydale,

Mendota, Mendota Heights, Rosemont, South St. Paul, Sunfish Lake, and

West St. Paul; and the Township of Nininger.

In Scott County; the municipalities of Jordan, Prior Lake, Savage

and Shakopee; and the Townships of Credit River, Jackson, Louisville,

St. Lawrence, Sand Creek, and Spring Lake.

In Washington County; the municipalities of Afton, Bayport,

Birchwood, Cottage Grove, Dellwood, Forest Lake, Hastings, Hugo, Lake

Elmo, Lakeland, Lakeland Shores, Landfall, Mahtomedi, Marine, Newport,

Oakdale, Oak Park Heights, Pine Springs, St. Croix Beach, St. Mary's

Point, St. Paul Park, Stillwater, White Bear Lake, Willernie, and

Woodbury; the Townships of Baytown, Denmark, Grant, Gray Cloud Island,

May, Stillwater, and West Lakeland; that portion of Forest Lake

Township lying south of STH 97 and CSAH 2; and those portions of New

Scandia Township lying south of STH 97 and a line due east from the

intersection of STH 97 and STH 95 to the eastern border of the State.

Fergus Falls/Benson Zone--That area encompassed by a line beginning

on State Trunk Highway (STH) 55 at the Minnesota border, then south

along the Minnesota border to a point due south of the intersection of

STH 7 and County State Aid Highway (CSAH) 7 in Big Stone County, north

to the STH 7/CSAH 7 intersection and continuing north along CSAH 7 to

CSAH 6 in Big Stone County, east along CSAH 6 to CSAH 21 in Big Stone

County, south along CSAH 21 to CSAH 10 in Big Stone County, east along

CSAH 10 to CSAH 22 in Swift County, east along CSAH 22 to CSAH 5 in

Swift County, south along CSAH 5 to U.S. Highway 12, east along U.S. 12

to CSAH 17 in Swift County, south along CSAH 17 to the Swift County

border, east along the south border of Swift County and north along the

east border of Swift County to the south border of Pope County, east

along the south border of Pope County and north along the east border

of Pope County to STH 28, west along STH 28 to CSAH 33 in Pope County,

north along CSAH 33 to CSAH 3 in Douglas County, north along CSAH 3 to

CSAH 69 in Otter Tail County, north along CSAH 69 to CSAH 46 in Otter

Tail County, east along CSAH 46 to the east border of Otter Tail

County, north along the east border of Otter Tail County to CSAH 40 in

Otter Tail County, west along CSAH 40 to CSAH 75 in Otter Tail County,

north along CSAH 75 to STH 210, west along STH 210 to STH 108, north

along STH 108 to CSAH 1 in Otter Tail County, west along CSAH 1 to CSAH

14 in Otter Tail County, north along CSAH 14 to CSAH 44 in Otter Tail

County, west along CSAH 44 to CSAH 35 in Otter Tail County, north along

CSAH 35 to STH 108, west along STH 108 to CSAH 19 in Wilkin County,

south along CSAH 19 to STH 55, then west along STH 55 to the point of

beginning.

Southwest Canada Goose Zone--All of Blue Earth, Cottonwood,

Faribault, Jackson, LeSueur, Lincoln, Lyon, Martin, McLeod, Murray,

Nicollet, Nobles, Sibley, Waseca, and Watonwan Counties; that portion

of Brown County lying south and west of the following described line:

beginning at the junction of U.S. Highway 14, and the east of Brown

County line; thence west on U.S. Highway 14 to Cobden; thence due west

one mile on U.S. Highway 14 and the township road to the Brown County

line; thence due west 12 miles along the county line to the west Brown

County line; that portion of Renville County east of State Trunk

Highway 4 (STH); that portion of Meeker County south of U.S. Highway

12; in Scott County, the Townships of Belle Plaine, Blakeley, and

Helena, including the municipalities located therein; and that portion

of Carver County lying west, of the following described line: beginning

at the northeast corner of San Francisco Township, thence west along

the San Francisco Township line to the east boundary of Dahlgren

Township, thence north on the Dahlgren Township line to U.S. Highway

212, thence west on U.S. Highway 212 to STH 284, thence north on STH

284 to County State Aid Highway (CSAH) 10, thence north and west on

CSAH 10 to CSAH 30, thence north and west on CSAH 30 the STH 25, thence

east and north on STH 25 to CSAH 10, thence north on CSAH 10 to the

Carver County line.

Missouri

Central Missouri Zone--Boone County and that portion of Callaway

County west of U.S. Highway 54.

Tennessee

East Tennessee Zone--Anderson, Blount, Campbell, Claiborne, Knox,

Loudon, Monroe, Roane, and Union Counties and those portions of Meigs

and Rhea Counties north of Highway 68.

Wisconsin

Early-Season Subzone--That area encompassed by a line beginning at

Lake Michigan in Port Washington and extending west along State Highway

33 to State 175, south along State 175 to State 83, south along State

83 to State 36, southwest along State 36 to State 120, south along

State 120 to U.S. Highway 12, then southeast along U.S. 12 to the

Illinois border.

Pacific Flyway

Oregon

Lower Columbia River Zone--Those portions of Clatsop, Columbia, and

Multnomah Counties within the following boundary: beginning at

Portland, Oregon, at the south end of the Interstate 5 Bridge; south on

I-5 to Highway 30; west on Highway 30 to the town of Svensen; south

from Svensen to Youngs River Falls; due west from Youngs River Falls to

the Pacific Ocean coastline; north along the coastline to a point where

Clatsop Spit and the South Jetty meet; due north to the Oregon-

Washington border; east and south along the Oregon-Washington border to

the I-5 Bridge; south on the I-5 Bridge to the point of beginning.

Northwest Oregon Zone--All of Benton, Clackamas, Clatsop, Columbia,

Lane, Lincoln, Linn, Marion, Polk, Multnomah, Tillamook, Washington,

and Yamhill Counties; except for the Lower Columbia River Zone.

Washington

Lower Columbia River Zone--Beginning at the Washington-Oregon

border on the I-5 Bridge near Vancouver, Washington; north on I-5 to

Kelso; west on Highway 4 from Kelso to Highway 401; south and west on

Highway 401 to Highway 101 at the Astoria-Megler Bridge; west on

Highway 101 to Gray Drive in the City of Ilwaco; west on Gray Drive to

Canby Road; southwest on Canby Road to the North Jetty; southwest on

the North Jetty to its end; southeast to the Washington-Oregon border;

upstream along the Washington-Oregon border to the point of origin.

Wyoming

Bear River Area--That portion of Lincoln County described in State

regulations.

Salt River Area--That portion of Lincoln County described in State

regulations.

Eden-Farson Area--Those portions of Sweetwater and Sublette

Counties described in State regulations.

Sandhill Cranes

Central Flyway

Colorado

Regular-Season Open Area--The Central Flyway portion of the State

except the San Luis Valley (Alamosa, Conejos, Costilla, Hinsdale,

Mineral, Rio Grande and Saguache Counties east of the Continental

Divide) and North Park (Jackson County).

Kansas

Regular Season Open Area--That portion of the State west of a line

beginning at the Oklahoma border, north on I-35 to Wichita, north on I-

135 to Salina, and north on U.S. 81 to the Nebraska border.

New Mexico

Regular-Season Open Area--Chaves, Curry, De Baca, Eddy, Lea, Quay,

and Roosevelt Counties.

Middle Rio Grande Valley Area--The Central Flyway portion of New

Mexico in Socorro and Valencia Counties.

Southwest Zone--Sierra, Luna, and Dona Ana Counties.

Oklahoma

Regular-Season Open Area--That portion of the State west of I-35.

Texas

Regular-Season Open Area--That portion of the State west of a line

from the International Toll Bridge at Brownsville along U.S. 77 to

Victoria; U.S. 87 to Placedo; Farm Road 616 to Blessing; State 35 to

Alvin; State 6 to U.S. 290; U.S. 290 to Austin; I-35 to the Texas-

Oklahoma border.

North Dakota

Regular-Season Open Area--That portion of the State west of U.S.

281.

South Dakota

Regular-Season Open Area--That portion of the State west of U.S.

281.

Montana

Regular-Season Open Area--The Central Flyway portion of the State

except that area south of I-90 and west of the Bighorn River.

Wyoming

Regular-Season Open Area--Campbell, Converse, Crook, Goshen,

Laramie, Niobrara, Platte, and Weston Counties.

Riverton-Boysen Unit--Portions of Fremont County.

Pacific Flyway

Arizona

Special-Season Area--Game Management Units 30A, 30B, 31, and 32.

Montana

Special-Season Area--See State regulations.

Utah

Special-Season Area--Rich and Cache Counties.

Wyoming

Bear River Area--That portion of Lincoln County described in State

regulations.

Salt River Area--That portion of Lincoln County described in State

regulations.

Eden-Farson Area--Those portions of Sweetwater and Sublette

Counties described in State regulations.

All Migratory Game Birds in Alaska

North Zone--State Game Management Units 11-13 and 17-26.

Gulf Coast Zone--State Game Management Units 5-7, 9, 14-16, and 10

- Unimak Island only.

Southeast Zone--State Game Management Units 1-4.

Pribilof and Aleutian Islands Zone--State Game Management Unit 10 -

except Unimak Island.

Kodiak Zone--State Game Management Unit 8.

All Migratory Birds in the Virgin Islands

Ruth Cay Closure Area--The island of Ruth Cay, just south of St.

Croix.

All Migratory Birds in Puerto Rico

Municipality of Culebra Closure Area--All of the Municipality of

Culebra.

Desecheo Island Closure Area--All of Desecheo Island.

Mona Island Closure Area--All of Mona Island.

El Verde Closure Area--Those areas of the municipalities of Rio

Grande and Loiza delineated as follows: (1) All lands between Routes

956 on the west and 186 on the east, from Route 3 on the north to the

juncture of Routes 956 and 186 (Km 13.2) in the south; (2) all lands

between Routes 186 and 966 from the juncture of 186 and 966 on the

north, to the Caribbean National Forest Boundary on the south; (3) all

lands lying west of Route 186 for one kilometer from the juncture of

Routes 186 and 956 south to Km 6 on Route 186; (4) all lands within Km

14 and Km 6 on the west and the Caribbean National Forest Boundary on

the east; and (5) all lands within the Caribbean National Forest

Boundary whether private or public.

Cidra Municipality and adjacent areas--All of Cidra Municipality

and portions of Aguas, Buenas, Caguas, Cayer, and Comerio

Municipalities as encompassed within the following boundary: beginning

on Highway 172 as it leaves the Municipality of Cidra on the west edge,

north to Highway 156, east on Highway 156 to Highway 1, south on

Highway 1 to Highway 765, south on Highway 765 to Highway 763, south on

Highway 763 to the Rio Guavate, west along Rio Guavate to Highway 1,

southwest on Highway 1 to Highway 14, west on Highway 14 to Highway

729, north on Highway 729 to Cidra Municipality boundary to the point

of beginning.

[FR Doc. 94-20192 Filed 8-16-94; 8:45 am]

BILLING CODE 4310-55-F