Migratory Bird Hunting; Proposed Frameworks for Late-Season Migratory Bird Hunting Regulations; Proposed Rule DEPARTMENT OF THE INTERIOR

SUMMARY: The Fish and Wildlife Service (hereinafter the Service) is

proposing to establish the 1994-95 late-season hunting regulations for

certain migratory game birds. The Service annually prescribes

frameworks, or outer limits, for dates and times when hunting may occur

and the number of birds that may be taken and possessed in late

seasons. These frameworks are necessary to allow State selections of

final seasons and limits and to allow recreational harvest at levels

compatible with population and habitat conditions.

DATES: The comment period for proposed late-season frameworks will end

on September 2, 1994.

ADDRESSES: Comments should 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 will be 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, 1849 C Street, NW., 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 for early-season proposals and September

2 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 these species and for other early

seasons.

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

FR 35566) a third document which dealt specifically with proposed

early-season frameworks for the 1994-95 season.

On August 4, 1994, a public hearing was held in Washington, DC, as

announced in the April 7, June 8, and July 12 Federal Registers, to

review the status of waterfowl. Proposed hunting regulations were

discussed for these late seasons. The Service later published a fourth

document containing final frameworks for early seasons from which

wildlife conservation agency officials from the States and Territories

selected early-season hunting dates, hours, areas, and limits.

This document is the fifth in the series of proposed, supplemental,

and final rulemaking documents for migratory bird hunting regulations

and deals specifically with proposed frameworks for the late-season

migratory bird hunting regulations. It will lead to final frameworks

from which States may select season dates, hours, areas, and limits.

All pertinent comments on the proposals received through August 4,

1994, have been considered in developing this document. In addition,

new proposals for certain late-season regulations are provided for

public comment. The comment period is specified above under Dates.

Final regulatory frameworks for late-season migratory game bird hunting

are scheduled for publication in the Federal Register on or about

September 23, 1994.

Presentations at Public Hearing

A report on the status of waterfowl was presented. This report is

briefly reviewed below as a matter of public information, and is a

summary of information contained in the ``Status of Waterfowl and Fall

Flight Forecast'' report.

The onset of spring in arctic and sub-arctic nesting areas this

year was intermediate between that of 1992, which was one of the latest

springs on record, and 1993, which was one of the earliest. Nesting

phenology in the Arctic was more variable than last year and production

from most populations will be near average. In nesting areas farther

south, several Canada goose populations will benefit from improved

habitat conditions in central Canada and the northcentral U.S. Most

goose and swan populations in North America remain numerically sound

and the size of most fall flights will be only slightly smaller than

those of last year. Of continuing concern, however, is the declining

number of Atlantic and Southern James Bay Canada geese. Also of concern

are dusky Canada geese, whose numbers appear to have stabilized, but at

a level approximately half of those observed in the 1970's.

In 1993, the breeding population of ducks was lower than in 1992.

However, improved habitat conditions in the northcentral U.S. resulted

in increased production from that region, and led to a fall flight

similar in size to that of 1992. During the 1993 hunting season,

recovery rates of mallards were lower than rates from the 1992 season.

However, recovery rates of immature mallards during the last two

waterfowl seasons were greater than those from the 1988-91 period. In

1994, the estimated number of ducks in the surveyed area was 32.5

million, an increase of 24 percent from that in 1993 and similar to the

long-term average. The estimated number of mallards was 7.0 million,

which was higher than the estimate of 5.7 million in 1993 and similar

to the long-term average. Estimates for seven of the other nine

principal species were higher in 1994 than in 1993; the estimates for

canvasbacks and scaup were similar to those of last year. Numbers of

gadwall, green-winged teal, blue-winged teal, and northern shovelers

were above their respective long-term averages; whereas estimates for

mallards, American wigeon, redheads, and canvasback were similar to

long-term averages. Estimates of northern pintails and scaup remained

below their 1955-93 means. The number of ponds in May increased 47

percent this year, and was higher than the long-term average. Improved

habitat conditions throughout most of the mid-continent region led to

large increases in production indices. The predicted fall-flight index

for mallards (12.0 million) is 36 percent higher than that of last

year. The total duck fall-flight index for 1994 is 71 million birds,

which is similar in size to those which occurred during the early

1980's.

Dr. Robert Trost reviewed harvest and hunter participation

statistics from the 1993-94 hunting season. Harvest and hunter activity

remained essentially unchanged from the previous year, with notable

exceptions of increases in Canada goose and wood duck harvests. Harvest

age ratio information suggested that production improved for ducks and

was markedly improved for geese in 1993. Band-recovery data indicate

that the reduced harvest rates of ducks in recent years continued in

the 1993-94 hunting season. Although harvests of Canada geese are

increasing with increasing Canada goose populations, harvests of some

snow goose stocks appear to be declining despite marked increases in

populations. This has happened despite increasingly more liberal

harvest regulations. Further discussion was presented on the

complexities of population-specific harvest management of geese when

populations of different status overlap during the period of harvest.

Final comments highlighted the importance of accurate information to

ensure proper management of all migratory game bird populations.

Review of Comments Received at Public Hearing

Ten individuals presented statements at the August 4, 1994, public

hearing. These comments are summarized below.

Dr. Rollin Sparrowe, President of the Wildlife Management

Institute, expressed optimism for the recovery of duck populations this

year following many years of decline due to poor habitat conditions and

praised many wildlife agencies, private organizations, and individuals

for maintaining their support during several years of adversity.

However, now that recovery appears to be under way, he indicated that

some liberalization in harvest regulations was warranted but the major

question was how much and how fast should these liberalizations be

implemented. He strongly urged all those participating in the process

to listen to one another and to not confuse the public by disagreements

in regulatory proposals between the Service and Flyway Councils. He

added that a single year of recovery did not constitute an upward

trend. Finally, he requested everyone to work together and to focus

their efforts on habitat programs, since habitat is the principal

component needed to sustain a full recovery of duck populations to

objective levels.

The California Waterfowl Association, represented by Mr. Walter

Sikes, urged the Service to adopt waterfowl hunting regulations

proposed by the Pacific Flyway Council. They believe that the proposed

regulations would provide greater incentives for duck hunters to

maintain habitats and manage private lands for waterfowl than

continuing with the proposed restrictive regulations. They believe that

increases in the waterfowl breeding population size and the fall

flight, this year, also justify liberalizing hunting regulations. The

California Waterfowl Association questioned if previous harvest

restrictions assisted in the recovery of waterfowl populations from low

levels. They suggested that the Service has imposed restrictions based

on a trend towards continental waterfowl management and a desire for

simplified regulations. They believe that this may unnecessarily

restrict hunting opportunities on healthy populations and that

regulations should be consistent with population distribution and

habitat conditions within a flyway.

Mr. Brian Cavey, a legislative assistant for Senator Max Baucus of

Montana, supported recommendations put forth by the Central and Pacific

Flyway Councils. He stated that Montana is a primary production area

for most of the U.S., Canada, and other nations to the south and that

this year's duck breeding population reached 1.4 million. He pointed

out that this is an all-time high estimate and 60 percent greater than

the 30-year average and that this great response was inpartly due to

improved habitat conditions and landowner-sportsman-government

cooperation in habitat programs.

Mr. Cavey indicated that last year about 14,000 hunters pursued

waterfowl in Montana and numbered over 400,000 in the Central and

Pacific Flyways. However, he was disappointed in the significant

declining trends in waterfowl hunters observed over the past 20 years.

He pointed out that this decline was in part due to the reduction in

hunting stocks of birds and hunting restrictions which accompanied

these losses.

Mr. Cavey pointed out that this year's duck breeding population

estimate represented the second successive year of increases. Although

it was known that a variety of circumstances contributed to this

improvement, the Conservation Reserve Program (CRP) and the cooperative

efforts of private landowners and State and Federal agencies have

resulted in significant improvement in duck breeding habitat. He

indicated that the hunters in Montana and the surrounding States expect

and deserve the opportunity to share in the wealth of these improved

waterfowl resources. Further, he recommended that the conservative

increases in bag limits and season lengths recommended reflect an

appropriate response to the current abundance of birds in the two

flyways.

Mr. Bruce Barbour, representing the National Audubon Society,

indicated that Eastern and Western Populations of tundra swans are

increasing and stable, respectively, and had no concern over current

population levels. He supported efforts to restore breeding populations

of trumpeter swans throughout their historic breeding range. With

respect to Canada geese, he pointed out that most populations are doing

well, but that there is continued concern for the status of dusky,

Aleutian, Southern James Bay, and Atlantic Populations. The Mid-

Continent Population of snow geese remains of concern, as record high

populations are degrading brood-rearing areas and as a result are

exhibiting density-dependent population characteristics such as reduced

clutch size, declines in gosling growth rates and body size and reduced

juvenile survival. Increasing long-term habitat degradation on breeding

areas is highly probable and a resultant future population crash is

possible. For these reasons, the National Audubon Society supports

extension of the closing framework date to February 28 in all southern

tier (wintering) States in the Central Flyway.

For ducks, he identified a series of factors that have contributed

to exceptionally good production across primary duck producing areas of

the prairie and parkland region of the U.S. and Canada. However, he

indicated that even though one excellent production year is not yet a

trend, excellent water conditions have persisted through the summer and

recovery in duck populations appears to have started. For these

reasons, he stated that some liberalization in hunting regulations is

possible, but advised cautious restraint that would not jeopardize

recovery. He suggested that our goal should be to return as many

breeding pairs as possible to the nesting grounds and to take full

advantage of the likely excellent nesting conditions again in 1995 and

continue the progressive recovery that is underway. He recommended that

the Service continue the restrictive harvest regulations on pintail,

hen mallards, black ducks, redheads, and canvasbacks. With respect to

canvasbacks, the National Audubon Society supports the Service's

proposed harvest strategy. However, he cautioned that the Service

should consider the use of area closures in specific areas where

canvasbacks heavily concentrate and where they may be especially

vulnerable. Finally, he supported various types of existing Federal

programs and legislation that would protect migratory bird habitats. In

addition, he urged increased funding for the National Wildlife Refuge

Program and indicated great concern for the proposed extension of the

Intracoastal Waterway in Texas and its potential impact on the Laguna

Madre and to those populations of redheads, reddish egrets, and other

species that depend on these habitats.

Mr. K.L. Cool, representing the Central Flyway Council, stated his

concern for the long-term downward trend in the number of waterfowl

hunters. He pointed out that the factors responsible for this decline

have not been identified, but undoubtedly include: decreased duck

numbers from drought, habitat loss and change, controversy over non-

toxic shot implementation, cost of licenses and ammunition, and complex

hunting regulations. He noted that this year we have a chance to

reverse this trend by developing both a biological and practical

hunting framework that will protect waterfowl populations.

Mr. Cool provided substantial evidence of the contribution of the

United States Department of Agriculture's CRP to improvements in this

year's duck production and predicted increase in this year's fall

flight. He indicated that an estimated 3 million ducks were hatched in

CRP fields in the northcentral U.S. this spring. He commended the

Service for their realistic proposed increase in bag limits for ducks.

He suggested that the change will send the correct message that

waterfowl numbers are improving and will call appropriate attention to

duck species and sexes still of concern. With the recommended bag-limit

structure, we will be able to work with hunters to direct harvest away

from certain species and sexes, while welcoming waterfowl hunters and

conservationists back to the marsh to harvest an abundant renewable

natural resource.

Mr. Cool then provided the rationale for the Central Flyway

Council's desire to amend the Duck Stamp Act to change the minimum age

requirement from 16 to 18. He could not support the decision to

eliminate the point-system option from the regulatory frameworks. In

this regard, he pointed out the success in States using the point

system in directing harvest pressure towards species of abundance and

away from species and sexes of concern. He requested that the Service

offer a point system at parity this year and in the coming year provide

the Flyways with a forum for further evaluation of this bag-limit

option. He also requested reconsideration of the request to allow all

Flyways an additional 7 days of hunting opportunity for ducks. He

applauded the Service for accepting all goose and swan recommendations.

Representative Steve Gunderson (Wisconsin) expressed concern about

a 9-day special September teal season being offered to ``non-production

States'' while production States must wait for the late-season period.

He supported the opening of the canvasback season Flyway-wide with

certain minimum restrictions as recommended by the Upper-Region

Regulations Committee of the Mississippi Flyway Council. He also

endorsed a procedure recommended by the Upper-Region Regulations

Committee of the Mississippi Flyway Council to manage Canada goose

harvests in the Mississippi River Subzone in southwest Wisconsin.

Mr. Scott Sutherland, representing Ducks Unlimited (DU), Inc.,

commented that this has been an exceptional year for waterfowl

production and the basis for much optimism. The DU Continental Plan has

now been completed and now serves as a guide for directing DU's

resources to the areas and species of greatest need. With respect to

geese, he stated that although most populations are healthy, nine

populations still remain a concern, including: cackling, dusky,

Aleutian, Atlantic, and the Southern James Bay Populations of Canada

geese; Pacific white-fronted geese; Pacific black brant; emporer geese;

and Wrangle Island snow geese. He stated that breeding-population

surveys and banding should be improved, and encouraged the National

Biological Survey and the Service to direct sufficient resources to the

collection and analysis of this information. With respect to ducks, he

stated that several species are still below North American Waterfowl

Management Plan goals, including the mallard, black duck, American

wigeon, blue-winged teal, canvasback, and scaup; Steller's and

spectacled eiders are also of concern. Overall, this year showed

dramatic increases in the status of most ducks and underscores the need

to continue to expand and improve operational survey and banding

programs. These improvements in the database would allow the

development of more refined regional and flyway management plans for

all species. This year's fall flight will show a dramatic increase over

last year and is directly related to improved precipitation and habitat

programs currently in place, especially in the prairie areas of the

north-central U.S. The CRP has greatly benefitted ground-nesting ducks.

The funding for the North American Wetlands Conservation Act must also

be maintained to restore and enhance wetland habitats.

Mr. Sutherland supported the recommendations of the four Flyway

Councils. He pointed out that these recommendations were based on sound

biological rationale and that careful liberalization for ducks is now

warranted.

Representative Jay Dickey from the 4th Congressional District in

Arkansas, supported a 10-day extension of the duck-hunting season in

Arkansas and other areas. This would allow families additional time to

spend together, while providing a boost to our economies. He

congratulated the Service for guarding our duck resources through the

past difficult times and making this request for liberalization

possible at this time.

Representative Tim Petrie from the 6th Congressional District in

Wisconsin, indicated that he would like to summarize concerns of 4,200

sportsman that signed a petition that requested an additional 9 days of

duck hunting opportunity. He pointed out that the increase in the

number of days from 30 to 39 would compensate Wisconsin hunters for

days not allowed for special September teal seasons that are given to

most Mississippi Flyway States. He noted that duck stamp sales in

Wisconsin have fallen from 95,000 in 1990 to 77,000 in 1992. In

contrast, he stated that duck populations have recovered and are now

above long-term averages. Wisconsin sportsmen have contributed to these

expanding populations by participating in habitat and nest-improvement

programs and are deserving of additional duck-hunting opportunity.

Dr. Gary Will, representing the Pacific Flyway Council, agreed with

most proposed frameworks governing duck hunting, with the exceptions

that the daily bag limit of pintails should be increased by 1 drake and

the season length should be increased by 7 days in all Flyways.

Regarding the pintail limit, he said that the 1994 breeding population

of 2.9 million pintails is 45 percent more than in 1993 and higher than

when regulations allowed 7 pintails in the Pacific Flyway and up to 10

birds elsewhere. Mitigating the effects of the increased limit, he

noted that the number of active adult hunters was down 61 percent in

1993 from that in 1984 and the direct recovery rates for pintails,

which were about half of that for mallards, decreased from 0.0225 to

0.0111 during 1985-87 and 1988-92, respectively. Considering the

forecasted size of the fall flight, the additional week was both

reasonable and biologically sound.

Dr. Will recommended allowing modest liberalization of the take of

white-fronted geese in California, Oregon, and Washington, which he

estimated would result in an additional harvest of approximately 3,750

while still allowing a 5-10 percent annual population growth. He said

that the population would likely be at an objective level this fall,

and development of the Service's requested long-term harvest strategy

for this population would be completed. Lack of that strategy should

not be a prerequisite to the Council's recommended changes.

Dr. Will reemphasized the Council's support for restrictions on

tundra swan hunting in portions of the Pacific Flyway to minimize the

accidental take of trumpeter swans, including an early closure in Utah

and closing a portion of the Green River area in Utah to swan hunting.

However, he urged adding 300 permits to Utah in compensation for lost

harvest opportunities because of these restrictive measures. He

encouraged the Service to continue to cooperate with the Council and

participating States in the management of the Rocky Mountain Population

of trumpeter swans. Efforts would include allowing a continued

reasonable harvest of tundra swans while accommodating trumpeter swan

range expansion to solve winter bottleneck problems in southeastern

Idaho.

Flyway Council Recommendations and Written Comments

The preliminary proposed rulemaking which appeared in the April 7

Federal Register, opened the public-comment period for late-season

migratory game bird hunting regulations. As of August 4, 1994, the

Service had received 82 comments; 54 of these specifically addressed

late-season issues. The Service also received recommendations from all

four Flyway Councils. The Flyway Councils generally supported ``no

change'' in frameworks for most migratory game bird hunting seasons.

Only those written comments are included herein where there is a

difference between a Council recommendation and the Service's proposal.

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

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

late seasons for which written comments were received are included.

General

The California Waterfowl Association urged the Service to consider

the link between hunting opportunities and hunter support of habitat

programs when formulating regulations. They believe that the current

sizes of waterfowl populations justify a relaxation of restrictions.

An individual from California requested that waterfowl harvests

should be managed on a flyway basis.

The Nebraska Low Plains Waterfowlers' Association requested

liberalizations in duck hunting frameworks this year. They requested

that, if both season length and bag limits cannot be increased, season

length alone should be liberalized. They believe that it is time to

reward sportsmen for their support of waterfowl management.

The Minnesota Department of Natural Resources urged the Service to

liberalize season length rather than bag limits if both could not be

liberalized this year.

Dr. Robert McLandress, Director of the Waterfowl and Wetland

Program of the California Waterfowl Association, expressed his concern

for the 65 percent decrease in California waterfowl hunters during the

past two decades and the impact of such losses on wetland habitat

preservation and maintenance. He noted that the number of California

waterfowl hunters was more highly correlated with pintail harvests and

pintail breeding populations than with harvests and populations of

other ducks.

Walter R. Sikes, representing the California Waterfowl Association,

noted that 1994 would be the second year of good production for Pacific

Flyway duck populations which should provide relief to the existing

restrictions. He said that reduced waterfowl populations and hunting

opportunities had discouraged support for habitat restoration efforts

in California; but nonetheless, California waterfowlers have spent

millions of dollars on waterfowl habitat improvement programs in that

State. He indicated that historical data support relaxation of

regulations, noting that during years with similar duck populations,

seasons were 31 percent longer, bag limits were 75 percent higher, and

hunter numbers were at least 35 percent greater than in 1993.

Two local sportsmen's organizations from Massachusetts requested

thresholds figures for all species of waterfowl as to when seasons

shall be opened or closed.

1. Ducks

A. General Harvest Strategy

Council Recommendations: The Pacific Flyway Council recommended

seasons and limits similar to those in effect during 1985-87 (with the

exception of pintail) when significant reductions in bag and season

length were imposed to protect certain declining duck populations. The

Council presented information on duck populations, hunter numbers, and

duck harvest in support of their recommendations. Compared to that

period, the current breeding population estimates of mallards, pintails

and total ducks are up 22 percent, 13 percent and 20 percent

respectively. Additionally, current breeding population estimates for

all ducks except scaup are above their respective levels of 1985, which

was the first year restrictive regulations were mandated.

Recent trends of duck breeding populations are upward compared to

generally declining trends through the 1980's. Production estimates

this year are excellent and the fall flight forecast of 71 million

ducks is substantially above the estimates for 1985-87 which ranged

from 55 to 66 million. The 1993 estimate of Pacific Flyway adult

waterfowl hunters was 29 percent below the 1985-87 average, and was the

second lowest on record. Although hunter numbers in 1993 increased for

the first time since 1983, and additional hunters are anticipated in

1994, hunter numbers are not expected to approach the 1985-87 level.

Band-recovery rates from birds banded in reference areas important to

the Pacific Flyway indicate that substantial reductions in harvest rate

for mallards and pintails occurred between 1985-87 and 1988-92, e.g. -

27 and -51 percent for mallards and pintails, respectively.

B. Framework Dates

Council Recommendations: The Central Flyway Council recommended

that the hunting season frameworks for duck, coot, and merganser

seasons begin on the Saturday nearest October 1, (October 1, 1994) and

extend until the Sunday nearest January 20 (January 22, 1995).

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

Mississippi Flyway Council recommended framework opening and closing

dates of the Saturday nearest October 1 to January 20. The Lower-Region

Regulations Committee also recommended that opening and closing dates

be established as a basic regulation and not fluctuate annually.

The Pacific Flyway Council recommended outside season dates of the

Saturday closest to October 1 to the Sunday closest to January 20.

Floating framework dates are recommended because (1) the flyway has

traditionally been offered Saturday openings and Sunday closing for

most migratory game birds, (2) implementing a fixed calendar date, as

recommended by the Service, will further restrict hunting opportunity

in those States that traditionally open hunting on Saturday and close

on Sunday, (3) departure from this traditional format will be confusing

and unnecessarily restrictive, (4) there are no biological consequences

to floating frameworks since we are dealing with only plus or minus 3

days in opening and closing dates, (5) a Saturday opening allows

participation by school-age hunters and those that have a traditional

work week, (6) there are no biological or political justifications

which warrant a change from previous outside framework dates.

C. Season Lengths

Council Recommendations: The Atlantic Flyway Council and the Upper-

Region and Lower Region Regulations Committees of the Mississippi

Flyway Council recommended a 40-day duck season.

The Central Flyway Council recommended that for the High Plains

Mallard Management Unit, season length would be 69 days, 16 of which

must occur starting no earlier than the Saturday closest to December 10

(December 10, 1994). For the remainder of the Flyway (Low Plains

portion), the Council recommended a season length of 53 days.

The Pacific Flyway Council recommended a season length of 79 days,

with 7 additional days in the Columbia Basin Mallard Management Unit.

Written Comments: The Minnesota Department of Natural Resources

supported the Mississippi Flyway Council's Upper-Region Regulations

Committee recommendation for a 40-day duck season.

An individual from California asked that the Service consider

allowing 86 days of duck hunting in the Pacific Flyway.

The Nebraska Low Plains Waterfowlers' Association urged the Service

to allow 46 days of duck hunting in the Low Plains portion of the

Central Flyway.

The Wisconsin Department of Natural Resources requested that the

Service reconsider its proposal for a 30-day duck season with a 4-bird

daily bag limit. They suggested that if the Service feels a more

conservative season is necessary this year, then a 40-day season with a

3-bird daily bag limit would be more acceptable.

The Wisconsin Department of Natural Resources endorsed the

recommendations of the Mississippi Flyway Council's Upper-Region

Regulations Committee. They also expressed concern that ``non-

production States'' are offered a 9-day special teal season while

production States are not offered some type of compensatory

opportunity.

Two local sportsmen's organizations from Massachusetts requested a

35-day season for duck hunting in the Atlantic Flyway.

Several individuals from Arkansas asked that instead of increasing

the daily bag limits from 3 to 4 birds, the Service consider increasing

the season length from 30 to 40 days for duck hunting.

Congressman Don Sundquist of Tennessee endorsed the Mississippi

Flyway Council's recommendation for a 40-day season with a 4-bird daily

bag limit and urged the Service to reconsider the 30 day season

proposal.

The Tennessee Wildlife Resources Agency encouraged the Service to

adopt a season framework for ducks that included additional days and

supported 40 days as biologically justified.

The Illinois Department of Conservation urged the Service to

consider a 40-day season framework with a 3-bird daily bag limit.

Congressman Steve Gunderson of Wisconsin expressed concern for the

Service's proposal to allow a 30-day season and asked that

consideration be given to a 40-day season with a 3-bird daily bag limit

to provide more recreational opportunity for hunters.

Both the Wisconsin Wildlife Federation and the Wisconsin

Conservation Congress asked the Service to consider a 40-day season

with a 3-bird daily bag limit.

The Michigan Department of Natural Resources expressed concern that

the Service did not support the Mississippi Flyway proposal for a 40-

day season with a 4-bird bag limit and suggested if further protection

was warranted, they would prefer a 40-day season with a 3-bird daily

bag limit.

The Indiana Department of Natural Resources disagreed with the

Service's proposal and asked for reconsideration of a 40-day, 4-bird

bag limit, but would accept a 3-bird bag limit and a 40-day season, if

necessary.

The Kentucky Department of Fish and Wildlife Resources indicated

preference for an increase in the season length rather than an increase

in the daily bag limit, but stated that they may support the decisions

of the Service, if conservative measures were necessary, based on

additional information.

The Ohio Department of Natural Resources asked for a season of 40

days with a 4-bird bag limit, but if not acceptable to the Service,

would opt for a longer season over an expanded bag limit.

The South Carolina Department of Natural Resources felt that State

input was being disregarded and that the Service's restrictive proposal

does not show support for hunting and will be difficult to explain to

the sportsman.

E. Bag Limits

Council Recommendations: The Atlantic Flyway Council requested a 4-

bird bag limit for their regular duck season, which will include no

more than 1 canvasback, 1 black duck, and 1 pintail; 2 wood ducks and 2

redheads; and 3 mallards of which only 1 may be a hen.

The Central Flyway Council requested that the Service review its

policy for the use of the point-system bag limit option that requires

that it be no more liberal than the conventional bag limit.

The Central Flyway Council recommended that with respect to duck,

coot and merganser hunting regulations, that States selecting the High

Plains Mallard Management Unit season option of additional late hunting

opportunity may select either the point system or the conventional bag

for establishing daily possession limits in the entire State.

The Central Flyway Council recommended that for those States where

the daily bag and possession limits are established by the conventional

bag limit, the daily bag would be 4 birds with species and sex

restrictions as follows: hen mallard, pintail, redhead, mottled duck,

and canvasback, 1 bird; wood duck, 2 birds; all other species and sexes

not mentioned above, 4 birds. The possession limit would be twice the

daily bag limit.

The Central Flyway Council recommended that for those States where

the daily bag and possession limits are established by the point-system

bag limit, point values for species and sexes would be as follows:

redhead, canvasback, hen mallard, pintail, hooded merganser and mottled

duck, 100 points each; wood duck, 50 points each; mallard drake,

gadwall, wigeon, green-winged teal, blue-winged teal, cinnamon teal,

shoveler, whistling duck, common and red-breasted merganser, 20 points

each; all other species and sexes of ducks, 35 points each. The

possession limit under the point system would be the maximum number of

birds that legally could have been taken in 2 days.

The Lower-Region Regulations Committee of the Mississippi Flyway

Council recommended a point-system bag-limit option that would provide,

for several species, 1 more bird in the daily bag limit than the

conventional bag limit.

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

Mississippi Flyway Council requested that the Service review its

current point-system bag-limit policy. They feel that at least 1 more

bird should be allowed in the point system than in the conventional bag

limit.

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

Mississippi Flyway Council recommended that the overall duck bag limit

be increased from 3 to 4, that the number of male mallards allowed be

increased from 2 to 3, and that 1 canvasback be allowed daily. The

Lower-Region Regulations Committee also recommended a restriction of 3

mottled ducks in the 4-bird daily limit. Other species/sex restrictions

would be the same as last year.

The Pacific Flyway Council recommended that the Service: (1) review

its current point-system policy, (2) work with both Pacific and Central

Flyway Technical Committees to interpret available data, and (3)

consider all available new information and evaluate the point system

against other bag-limit systems.

The Pacific Flyway Council recommended a daily bag limit of 5

ducks, including not more than: 4 mallards, only 1 of which may be a

hen; 2 pintails, only 1 of which may be a hen; 2 redheads; and 1

canvasback.

Written Comments: The Minnesota Department of Natural Resources

supported the Mississippi Flyway Council's Upper-Region Regulations

Committee recommendation for a daily bag limit of 4 ducks.

An individual from California requested that the Service consider

increasing the total duck daily bag limit to 5, the mallard limit to 5,

and the pintail limit to 2 in the Pacific Flyway.

The Nebraska Low Plains Waterfowlers' Association urged the Service

to allow a daily bag limit of 3 mallards in the Low Plains portion of

the Central Flyway.

An individual from California requested that the duck daily bag

limit be increased to 6, with a 1 or 2 daily bag limit for mallards, or

no mallards at all as an acceptable alternative. He also requested

increasing the daily bag limit of pintails to 2.

Dr. Robert McLandress, Director of the Waterfowl and Wetland

Program of the California Waterfowl Association, presented historical

information on regulations and harvests of pintails and believed that

an increase in the pintail daily bag limit to at least 3 birds was

warranted and would provide much needed encouragement for hunters and

habitat management in California. He believed bag limit restrictions

for mallards in California were inappropriate given evidence of a

preponderance of California produced mallards in the harvest,

consistently high nesting success and good brood survival. He believed

the breeding population decline in California in 1994 was caused by the

elimination of set-aside rice lands, favored by nesting mallards;

however, there were significant increases elsewhere in the State. In

addition to increased limits of mallards and pintails, he recommended

an addition of 1 duck to the daily bag limit and 8 additional days.

The Oklahoma Department of Wildlife Conservation requested that the

Service work with the Flyway Councils to cooperatively review its

policy on the use of the point system for determining daily bag limits

for ducks. It was pointed out that the Central Flyway Council believes

that the 1990 point-system review contained misinterpretations and

omissions that should be cooperatively resolved prior to any decision

on the use of this important harvest-management tool. Further, they

stated that the process used for the handling of the updated review of

the point system appeared to be a breach of the cooperative spirit and

partnership approach to migratory bird management programs in the

Central Flyway.

F. Zones and Splits

Council Recommendations: The Pacific Flyway Council recommended

continuation of the Southern San Joaquin Valley Waterfowl Zone in

California in 1994 and that this zone be made permanent. About 3,500

acres of Tulare Basin wetlands are managed as duck clubs, which

represents a loss of about 1,500 acres of managed wetlands between 1971

and 1988. About 200 additional acres of wetlands had been flooded for

waterfowl and other wetland-dependent wildlife in response to the

creation of the zone. During 1991-93, this zone has allowed for a month

delay in the opening date from the surrounding Balance-of-the-State and

Southern California zones. This delay allows private wetland owners to

take advantage of reduced electric pumping rates which become effective

November 1, as well as reduced evapotranspiration rates which occur as

temperatures decline. This results in an approximate 20 percent

reduction in the cost of flooding. Any reductions in water cost

provides an incentive for the continued flooding of private wetlands.

The situation is not relieved by improvements in rainfall, because

although surface water availability improves somewhat, ground water

pumping costs are still high.

Establishment of the zone has not affected harvest. Estimated

harvest of ducks from Kern, Kings and Tulare Counties constituted

between 3.0 and 5.6 percent of the Statewide harvest in the periods

1961-1990. Since implementation of the zone in 1991, 2.5 percent of the

State duck harvest has occurred in the zone. Pintail harvest in the

zone declined from a high of 4.5 percent of the State harvest to 2.5

percent.

Written Comments: Two local sportsmen's organizations from

Massachusetts requested continuation of zoning for their State.

G. Special Seasons/Species Management

i. Canvasback

Council Recommendations: The Atlantic Flyway Council recommended

that an open season for canvasbacks be allowed with a 1-bird daily bag

limit throughout the length of the 1994 season in the Atlantic Flyway.

The Central Flyway Council recommended that the Service adopt the

alternative canvasback harvest management strategy developed by State

representatives from all four flyways of the Adaptive Harvest

Management Working Group.

The Central Flyway Council recommended that an open season for

canvasbacks throughout the regular duck season be allowed for all four

Flyways with a 1-bird daily bag limit beginning in 1994, contingent

upon breeding population and habitat conditions.

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

Mississippi Flyway Council recommended that an open season for

canvasbacks be allowed in the Mississippi Flyway with a 1-bird daily

bag limit throughout the regular duck season.

The Pacific Flyway Council recommended adoption of an interim

canvasback strategy that would allow harvest of that species throughout

the regular duck season in all four Flyways, with a daily bag limit of

1 canvasback (either sex), when the 3-year running average of estimated

May breeding population is at or above 480,000 birds. No season should

be allowed when the average index is below that level.

Written Comments: The Michigan Department of Natural Resources

supported the Service's strategy for canvasback harvest management.

They recommended allowing a canvasback season in 1994 and continuing

the season for at least 3 years.

The Wisconsin Department of Natural Resources opposed the

reestablishment of closed areas for canvasback hunting, preferring

instead that the season be open Flyway-wide.

3. Mergansers

Council Recommendations: The Central Flyway Council recommended

that the hunting season for mergansers under the conventional

regulation remain unchanged from last year and run concurrently with

the duck season; the daily bag limit would remain at 5, of which no

more than 1 may be a hooded merganser; the possession limit would be

twice the daily bag limit.

The Central Flyway Council also recommended point value changes

under the point system option in determining bag limits and framework

dates that involve mergansers. See item 1. Ducks.

4. Canada Geese

A. Special Seasons

Council Recommendations: The Atlantic Flyway Council recommended

that the Service amend the criteria for late special Canada goose

seasons to require 2-year data collection for proposal submission. They

also recommended a 3-year late experimental season in northeastern New

Jersey for 1995-97. The Atlantic Flyway Council requested that the late

special Canada goose season in Long Island, New York, be discontinued.

B. Regular Seasons

Council Recommendations: The Central Flyway Council recommended

that the dark goose hunting regulations in the east tier States

(Kansas, Nebraska, North Dakota, Oklahoma, South Dakota, and Texas

[Eastern Goose Zone]) be 86 days with a bag limit of 2 in North Dakota

and 2 with no more than 1 white-fronted goose in Kansas, Nebraska,

Oklahoma, South Dakota and the eastern goose zone of Texas. The white-

fronted goose season in Texas should not exceed 72 days, and during the

remaining 14 days of the season, the bag limit will be no more than 2

Canada geese.

The Central Flyway Council recommended that the bag limits for dark

geese in the western tier States (Colorado [east of the Continental

Divide], Montana (Counties of Blaine, Carbon, Fergus, Judith Basin,

Stillwater, Sweetgrass, Wheatland, and all counties east thereof], New

Mexico [east of the Continental Divide except the Jicarilla Apache

Indian Reservation], Texas [Western Goose Zone], and Wyoming [east of

the Continental Divide]) remain unchanged from last year. The dark

goose bag and possession limits would be 3 and 6, respectively, except

in Montana. In Montana, excluding Sheridan County, dark goose bag and

possession limits would be 4 and 8, respectively; and in Sheridan

County they would be 2 and 4, respectively.

The Central Flyway Council recommended that the framework dates for

dark geese hunting in the east tier States be unchanged from last year

and remain as the Saturday nearest October 1 (October 1 in 1994) and

end on January 31. The recommended dates for dark geese in the west

tier States would be unchanged from last year as the Saturday nearest

October 1 (October 1, 1994) through January 31, 1995.

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

Mississippi Flyway Council recommended several changes in Canada goose

quotas, season lengths, etc., based on population status and population

management plans and programs. The Upper-Region Regulations Committee

also recommended that the Service allow seasons for geese to be split

into 3 segments.

The Pacific Flyway Council recommended allowing cackling Canada

geese to be taken outside their normal range in California, Oregon, and

Washington as part of the prevailing limit on Canada geese. Within

their normal range, the Council recommended that the bag limit would

include not more than 1 cackling Canada goose. The 1-cackler limit

would apply to the Southwestern Washington Goose Quota Area, all of

Oregon, and a majority of California where the season would be

concurrent with the restricted white-fronted goose season.

The Pacific Flyway Council recommended that for Oregon, the Malheur

County Zone be incorporated into a Harney, Klamath, Lake, and Malheur

Counties Zone, thereby allowing the season on dark geese to end on the

Saturday closest to January 20 instead of the first Sunday in January

and the dark goose limit increased from 3 to 4, including not more than

2 whitefronts. The adjacent Southwestern Zone in Idaho would be

permitted similar frameworks to that recommended for Malheur County.

The Pacific Flyway Council sought a limited resumption of cackling

Canada goose hunting throughout the population's range and recommended

that the Service provide an expedited Section 7 Consultation review of

their recommended changes in cackling Canada goose regulations for

possible impacts on Aleutian Canada geese.

Written Comments: The Delaware Division of Fish and Wildlife

requested that the Service review the Federal frameworks for hunting

Canada geese on the DelMarva Peninsula. They believe that the existing

frameworks are more liberal than can be justified based on the size of

the population. They maintain that high harvest rates on adult birds

are suppressing the population and preventing a recovery. During the

1993-94 hunting season, Delaware voluntarily restricted their seasons,

but because these Canada goose populations move about the Peninsula,

they believe that harvest pressure should be reviewed in parts of

Delaware, Maryland, and Virginia and appropriate action taken to reduce

harvest and protect these migrant Canada geese.

Representative Steve Gunderson (Wisconsin) requested that the

Mississippi River Subzone in Wisconsin be declared a giant Canada goose

harvest area and removed from Canada goose harvest-quota considerations

for the State.

The Minnesota Department of Natural Resources requested a change in

the boundary of their West-Central Goose Zone, as required by State

legislation. They indicated that they had requested endorsement of the

proposed change by the Upper-Region Regulations Committee of the

Mississippi Flyway Council; however, the Committee did not endorse it.

5. White-fronted Geese

Council Recommendations: The Central Flyway recommendations

regarding dark geese involve white-fronted geese. See item 4. Canada

Geese.

The Mississippi Flyway Council recommended no change in frameworks.

The Pacific Flyway Council recommended that: for Washington, the

special bag restriction on white-fronted geese be removed, allowing

them to be within the overall 4-dark goose limit; for Oregon, the

season on white-fronted geese be allowed to open at the same time as

the dark goose season, which would be approximately 1 week earlier than

currently allowed; and for California, the white-fronted goose season

would be extended by 2 weeks within the Sacramento Valley special goose

closure portion of the ``Balance-of-the-State'' Zone.

The 1993 fall index of 295,300 geese represents a 28 percent

increase from 1992. The current 3-year average is 254,300, with a

population objective of 300,000. Favorable nesting conditions and the

resulting good reproduction indicate an increase in the fall flight for

1994. Changes to be proposed in California, Oregon, and Washington

would likely result in an increase in harvest of approximately 3,750

birds. This represents less than 2 percent of the current population

index and should continue to meet management plan objectives of 5-10

percent annual rates of increase. These changes would also simplify

regulations in Washington while allowing Oregon and the Northeastern

Zone of California seasons to open at the same time.

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.

6. Brant

Council Recommendations: The Atlantic Flyway Council recommended a

2-bird daily bag limit and a 50-day season length for brant.

The Central Flyway recommendations regarding dark geese involve

brant. See item 4. Canada Geese.

The Upper-Region Regulations Committee of the Mississippi Flyway

Council recommended that the daily bag limit for brant be reduced to 2

birds to better conform with limits in other Flyways.

7. Snow and Ross' (Light) Geese

Council Recommendations: The Central Flyway Council recommended

that the east and west tier States be allowed a light goose hunting

season of 107 days, which is unchanged from last year. For east tier

States, the Council recommended light goose bag and possession limits

of 10 and 20, respectively, which is unchanged from last year. The

Council recommended that for west tier States the light goose bag and

possession limits would be unchanged from last year at 5 and 10,

respectively, except in the Middle Rio Grande Valley (Socorro and

Valencia Counties) of New Mexico, where the bag and possession limits

would be 10 and 20, respectively, which are also unchanged from last

year.

The Central Flyway Council recommended that the framework dates for

the hunting of light geese in both the east and west tier States would

be from the Saturday nearest October 1 (October 1, 1994) through the

Sunday nearest February 15 (February 12, 1995), except in Colorado, New

Mexico, Texas, Oklahoma, and Kansas where the closing framework date

would be extended to February 28, 1995.

The Central Flyway Council recommended that the State of Kansas be

allowed to modify its boundaries for light goose hunting as follows:

The zone boundary for Zone 1 (Light goose) be modified to

include that portion of Kansas east of the Kansas Highway 99, and

Zone 2 include the remainder of the State west of Highway 99.

The Mississippi Flyway Council recommended that the season length

for light geese be increased from 80 to 107 days.

The Pacific Flyway Council recommended a season framework

adjustment to extend the light goose closing date for Malheur County of

Oregon and southwest Idaho from the first Sunday in January to the

Sunday closest to January 20. Malheur County would become part of a

Harney, Klamath, Lake, and Malheur Counties Zone. This adjustment

aligns the framework of the affected area with the remainder of the

Flyway.

Written Comments: The Texas Parks and Wildlife Department supported

a change in the Federal frameworks that would extend the hunting of

light geese until February 28. This change would allow for increased

harvest of the mid-continent population of lesser snow geese which are

at record high levels and, because of these increases, may be

threatening their own breeding habitat.

8. Tundra swans.

Council Recommendations: The Central Flyway Council recommended

that the experimental swan season in North Dakota be granted an

additional year of experimental status with a final report due on June

1, 1995.

The Pacific Flyway Council recommended that the number of permits

authorizing the take of 1 tundra swan per season be increased in Utah

from 2,500 to 2,800 to compensate for lost hunting opportunity from a

State-imposed early season closure. As an informational item, the

Council recommends that Montana, Nevada, and Utah be more restrictive

than Federal frameworks by: (1) implementing a monitoring program to

assess the number of trumpeter swans, if any, taken accidentally during

the tundra swan season, (2) Utah's season would end on or before

December 15 and the Green River Area would be closed to swan hunting.

The 3-year-average Midwinter population index of 79,406 tundra swans is

well above the Flyway objective level of 38,000. Proposed frameworks

will result in harvest levels within those prescribed in the 1989

Tundra Swan Hunt Plan endorsed by the Pacific Flyway Council. The

changes are premised on the implementation of the State-Federal

cooperative program for hazing trumpeter swans from winter

concentration areas near Harriman State Park in Idaho to more favorable

sites.

Written Comments: Mr. D. C. Carlton, representing the Biodiversity

Legal Foundation (Foundation), commented on the management of the Rocky

Mountain Population (RMP) of trumpeter swans. He detailed the status

and perceived threats to these swans, reviewed past and current

management actions, and concluded that leadership, actions, and funding

by the Service are inadequate to assure the population's recovery and

believes they warrant listing under the Endangered Species Act. Among

many recommendations directed at improving the effectiveness of range-

expansion efforts directed at benefiting these swans, those germane to

hunting regulations included: (1) not allowing either a permitted or

incidental take of trumpeter swans during a tundra swan season, (2)

having no open seasons for hunting tundra swans in the most critical

trumpeter swan range expansion areas, including all of Utah and Nevada,

(3) modifying hunting regulations on National Wildlife Refuges in

Montana, Utah, and Nevada to provide sanctuary for resting,

reproduction, and rearing of cygnets, and (4) ending waterfowl hunting

after October 20 at two sites on the Snake River in Idaho, at a site on

the Green River, including Seedskadee National Wildlife Refuge in

Wyoming, and in unspecified areas within the Tristate Yellowstone

region.

Ms. Heidi Prescott, on behalf of The Fund for Animals, Inc.,

highlighted recent survey reports, reviewed portions of the Pacific

Flyway Council's management plan and a report by Ms. Ruth Shea, a

Service employee, and presented the group's views regarding management

action pertaining to RMP trumpeter swans. The Fund for Animals, Inc.,

concurred with the recommendations of the Biodiversity Legal Foundation

pertaining to migratory game bird hunting contained in the

aforementioned letter from Mr. D. C. Carlton.

Mr. D. J. Schubert, also on behalf of the Fund for Animals, Inc.,

reiterated certain concerns and needed actions deemed necessary for

successful range expansion of RMP trumpeter swans. He believed that a

mandatory check of swans taken by hunters in Utah and Nevada is

necessary to measure the level of accidental take. While the purposeful

hazing of trumpeter swans to more favorable winter sites has merit, it

put more trumpeter swans at risk in tundra swan hunt areas; and he

therefore recommended a new management strategy. The Fund for Animals

believes there are two possible management strategy changes that would

minimize excessive killing of trumpeter swans and still be consistent

with the Migratory Bird Treaty Act: (1) prohibit hunting of tundra

swans in Utah and Nevada; or, although less preferred, (2) prohibit

hunting in certain critical areas in Utah. Under both options, security

areas should be established in Idaho, and recreational activities such

as waterfowl hunting and boating should be evaluated for possible

negative impacts on trumpeter swan behavior and habitat use. Should

intensive hazing be pursued to disperse birds to more favorable

wintering sites, and if law enforcement policy is to be changed to

facilitate the collection of information on the accidental take of

trumpeter swans during the tundra swan season, the Fund for Animals

recommended that: (1) both Idaho and Wyoming Game and Fish Departments

provide sanctuaries in designated areas; (2) the Utah Division of

Wildlife Resources, at the maximum, not hunt swans or, at the minimum,

not hunt swans in Box Elder, Cache, and Rich Counties; (3) the Nevada

Division of Wildlife close Stillwater Wildlife Management Area to swan

hunting; (4) the Service close all National Wildlife Refuges in Utah

and Nevada to the hunting of tundra swans; and (5) should the

aforenamed States not exercise the recommended action, the Service

should do so. Additionally, all States should enhance their hunter-

education programs to emphasize proper identification of swans and

waterfowl to minimize the accidental take of trumpeter swans as a

result of other hunting seasons.

Mr. Michael Roy, on behalf of the National Wildlife Federation,

expressed concern about the successful continuation of the RMP

trumpeter swan range-expansion program, in part because of a perceived

ineffective and confusing management structure that is not adequately

represented by all interested parties, and in part by accidental take

of trumpeter swans during tundra swan seasons in Utah. He believes

certain recommendations provided by Ms. Ruth Shea, a Service employee,

were reasoned and practical and, if implemented, would enhance range-

expansion efforts. Premised on Ms. Shea's recommendations, he

recommended that tundra swan hunting in Utah be discontinued from the

southern boundary of the Bear River National Wildlife Refuge north and

east to the Idaho and Wyoming borders for an initial 5-year period.

This closure would be intended to minimize the accidental take of

trumpeter swans during translocation activities and, hopefully, tundra

swan hunting could be reinstated afterwards.

Ms. Louisa Willcox, representing the Greater Yellowstone Coalition,

raised questions regarding the Service's role in managing RMP trumpeter

swans and funding efforts to increase their numbers and expand their

distribution. She asked how the Service will monitor the accidental

take of trumpeter swans during tundra swan hunting seasons in Montana,

Nevada, North Dakota, South Dakota, and Utah and what measures will be

taken to minimize the potential losses. She also asked why the Service

has not sought establishment of trumpeter swan wintering sites outside

the Montana-Idaho-Wyoming region. She requested that the Service

develop a long-term strategy to prevent wintering waterfowl, including

trumpeter swans, from damaging vegetation and fish habitat at Harriman

State Park in Idaho.

10. Coots

Council Recommendations: The Central Flyway Council recommended

that the hunting season for coots remain unchanged from last year and

would run concurrently with the duck season with the daily bag limit as

15 and the possession limit as twice the daily bag limit.

23. Other

Council Recommendations: The Atlantic Flyway Council recommended

that the Service provide compensatory days for State-imposed Sunday-

hunting prohibitions.

Written Comments: Two local sportsmen's organizations from

Massachusetts suggested compensatory days for those days lost due to

State-imposed Sunday-hunting prohibitions.

Public Comment Invited

Based on the results of migratory game bird studies now in

progress, and having due consideration for any data or views submitted

by interested parties, the possible amendments resulting from this

supplemental rulemaking will specify open seasons, shooting hours, and

bag and possession limits for designated migratory game birds in the

United States.

The Service intends that adopted final rules be as responsive as

possible to all concerned interests, and therefore desires to obtain

for consideration the comments and suggestions of the public, other

concerned governmental agencies, and private interests on these

proposals. Such comments, and any additional information received, may

lead to final regulations that differ from these proposals.

Special circumstances are involved in the establishment of these

regulations which limit the amount of time that the Service can allow

for public comment. Specifically, two considerations compress the time

in which the rulemaking process must operate: (1) the need to establish

final rules at a point early enough in the summer to allow affected

State agencies to appropriately adjust their licensing and regulatory

mechanisms; and (2) the unavailability of specific, reliable data on

this year's status before mid-June for migratory shore and upland game

birds and some waterfowl, and before late July for most waterfowl.

Therefore, the Service believes that to allow comment periods past the

dates specified is contrary to the public interest.

Comment Procedure

It is the policy of the Department of the Interior, whenever

practical, to afford the public an opportunity to participate in the

rulemaking process. Accordingly, interested persons may participate by

submitting written comments to the 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 will be available for public inspection during normal business

hours at the Service's office in room 634, Arlington Square Building,

4401 N. Fairfax Drive, Arlington, Virginia.

All relevant comments received during the comment period will be

considered. The Service will attempt to acknowledge comments received,

but a substantive response to individual comments may not be provided.

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). However, this programmatic document does not prescribe year-

specific regulations; those are developed annually. The annual

regulations and options are being considered in the Environmental

Assessment, ``Waterfowl Hunting Regulations for 1993,'' which is

available upon request.

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 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 and the Executive Order. These

included preparing an Analysis of Regulatory Effects and an updated

Final Regulatory Impact Analysis, under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq), and publication of a summary of the latter. This

information is included in the present document by reference. This

action was not subject to review by the Office of Management and Budget

under E.O. 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.

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 1994-95

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

3, 1918), as amended, (16 U.S.C. 703-711); the Fish and Wildlife

Improvement Act (November 8, 1978), as amended, (16 U.S.C. 712); and

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

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

Dated: August 18, 1994

George T. Frampton, Jr.

Assistant Secretary for Fish and Wildlife and Parks

Proposed Regulations Frameworks for 1994-95 Late Hunting Seasons on

Certain Migratory Game Birds

Pursuant to the Migratory Bird Treaty Act and delegated

authorities, the Director has approved frameworks for season lengths,

shooting hours, bag and possession limits, and outside dates within

which States may select seasons for hunting waterfowl and coots between

the dates of 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.

Definitions: For the purpose of hunting regulations listed below,

the collective terms ``dark'' and ``light'' geese include the following

species:

Dark geese - Canada geese, white-fronted geese, and brant.

Light geese - lesser snow (including blue) geese, greater snow

geese, and Ross' geese.

Area, Zone, and Unit Descriptions: Geographic descriptions that

differ from those published in the September 22, 1992, Federal Register

(at 57 FR 43876) are contained in a later portion of this document.

Area-Specific Provisions: Frameworks for open seasons, season

lengths, bag and possession limits, and other special provisions are

listed below by flyway.

Atlantic Flyway

The 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.

Ducks, Mergansers, and Coots

Outside Dates: Between October 1 and January 20.

Hunting Seasons and Duck Limits: Either (a) 30 days and daily bag

limit of 4 ducks, including no more than 3 mallards (no more than 1 of

which may be a female), 2 wood ducks, 2 redheads, 1 canvasback, 1 black

duck, 1 mottled duck, 1 pintail, and 1 fulvous whistling duck or (b) 40

days and daily bag limit of 3 ducks, and the other restrictions shown

above.

Closures: The season on harlequin ducks is closed.

Sea Ducks: In all areas outside of special sea duck areas, sea

ducks are included in the regular duck daily bag and possession limits.

However, during the regular duck season within the special sea duck

areas, the sea duck daily bag and possession limits may be in addition

to the regular duck daily bag and possession limits.

Merganser Limits: The daily bag limit of mergansers is 5, only 1 of

which may be a hooded merganser.

Coot Limits: The daily bag limit is 15 coots.

Lake Champlain Zone, New York: The waterfowl seasons, limits, and

shooting hours shall be the same as those selected for the Lake

Champlain Zone of Vermont.

Zoning and Split Seasons: Delaware, Maryland, North Carolina, Rhode

Island, and Virginia may split their seasons into three segments;

Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York,

Pennsylvania, Vermont, and West Virginia may select hunting seasons by

zones and may split their seasons into two segments in each zone; while

Florida, Georgia, and South Carolina may split their Statewide seasons

into two segments.

Canada Geese

Season Lengths, Outside Dates, and Limits: Unless specified

otherwise, seasons may be split into two segments. Seasons in States,

and in independently described goose management units within States,

may be as follows:

Connecticut: 70 days between October 1 and January 31, with 1 goose

per day through October 15; 2 geese per day through December 31; and 3

geese per day thereafter; 1 goose per day for the first 8 days after

the opening. In addition, a special experimental season may be held in

the South Zone between January 15 and February 15, with 5 geese per

day.

Delaware: 60 days between November 16 and January 20, with 1 goose

per day for the first 20 days; 2 geese per day thereafter.

Florida: Closed season.

Georgia: In specific areas, an 8-day experimental season may be

held between November 15 and February 5, with a limit of 5 Canada geese

per day.

Maine: 70 days between October 1 and January 31, with 1 goose per

day through October 15; 2 geese per day through December 31; and 3

geese per day thereafter; 1 goose per day for the first 8 days after

the opening.

Maryland: 60 days between November 16 and January 20, with 1 goose

per day for the first 20 days and 2 geese per day thereafter.

Massachusetts: 70 days between October 1 and January 31, with 1

goose per day through October 15; 2 geese per day through December 31;

and 3 geese per day thereafter; 1 goose per day for the first 8 days

after the opening. In addition, a special 16-day season for resident

Canada geese may be held in the Coastal and Central Zones during

January 21 to February 5, with 5 geese per day.

New Hampshire: 70 days between October 1 and January 31, with 1

goose per day through October 15; 2 geese per day through December 31;

and 3 geese per day thereafter; 1 goose per day for the first 8 days

after the opening.

New Jersey: 70 days between October 15 and January 31, with 1 goose

per day through November 15; 2 geese per day through December 31; 3

geese per day thereafter; 1 goose per day for the first 8 days after

the opening; no more than 15 days before November 16. In addition, an

experimental special season may be held in a designated area of

Northeastern New Jersey from January 28 to February 11, 1995, with 5

geese per day.

New York:

Northeastern Zone - 70 days between October 1 and January 31, with

1 goose per day through October 15; 2 geese per day through December

31; and 3 geese per day thereafter; 1 goose per day for the first 8

days after the opening.

Remainder of State - 70 days between October 15 and January 31,

with 1 goose per day through November 15; 2 geese per day through

December 31; 3 geese per day thereafter; 1 goose per day for the first

8 days after the opening; no more than 15 days before November 16.

North Carolina:

East Zone - Suspended.

West Zone - Suspended.

Pennsylvania:

South Zone - 70 days between October 15 and January 31, with 1

goose per day through November 15; 2 geese per day through December 31;

3 geese per day thereafter; 1 goose per day for the first 8 days after

the opening; no more than 15 days before November 16. In addition, an

experimental season may be held in the Susquehanna/Juniata Zones from

January 20 to February 5 with 5 geese per day.

Erie, Mercer, and Butler Counties - 70 days between October 1 and

January 31, with 1 goose per day through October 15; 2 geese per day

thereafter; 1 goose per day for the first 8 days after the opening.

Crawford County - 35 days between October 1 and January 20; with 1

goose per day.

Remainder of State - 70 days between October 1 and January 31, with

1 goose per day through October 15; 2 geese per day through December

31; and 3 geese per day thereafter; 1 goose per day for the first 8

days after the opening.

Rhode Island: 70 days between October 1 and January 31, with 1

goose per day through October 15; 2 geese per day through December 31;

and 3 geese per day thereafter; 1 goose per day for the first 8 days

after the opening.

South Carolina: Suspended regular season. A 4-day special season

may be held in the Central Piedmont, Western Piedmont, and Mountain

Hunt Units during January 15 to February 15, with a daily bag limit of

5 Canada geese per day.

Vermont: 70 days between October 1 and January 31, with 1 goose per

day through October 15; 2 geese per day through December 31; and 3

geese per day thereafter; 1 goose per day for the first 8 days after

the opening.

Virginia:

Back Bay - Suspended.

Remainder - 60 days between November 16 and January 20, with 1

goose per day for the first 20 days; 2 geese per day thereafter.

West Virginia: 70 days between October 1 and January 20, with 3

geese per day.

Light Geese

Season Lengths, Outside Dates, and Limits: States may select a 107-

day season between October 1 and February 10, with 5 geese per day.

States may split their seasons into two segments.

Brant

Season Lengths, Outside Dates, and Limits: States may select a 50-

day season between October 1 and January 20, with 2 brant per day.

Mississippi Flyway

The Mississippi Flyway includes Alabama, Arkansas, Illinois,

Indiana, Iowa, Kentucky, Louisiana, Michigan, Minnesota, Mississippi,

Missouri, Ohio, Tennessee, and Wisconsin.

Ducks, Mergansers, and Coots

Outside Dates: Between October 1 and January 20.

Hunting Seasons and Duck Limits: Either (a) 30 days and daily bag

limit of 4 ducks, including no more than 3 mallards (no more than 1 of

which may be a female), 3 mottled ducks, 1 black duck, 1 pintail, 2

wood ducks, 1 canvasback, and 1 redhead or (b) 40 days and daily bag

limit of 3 ducks, including no more than 2 mallards (no more than 1 of

which may be a female), and the other restrictions shown above.

Merganser Limits: The daily bag limit is 5, only 1 of which may be

a hooded merganser.

Coot Limits: The daily bag limit is 15 coots.

Zoning and Split Seasons: Alabama, Illinois, Indiana, Iowa,

Kentucky, Louisiana, Michigan, Missouri, Ohio, Tennessee, and Wisconsin

may select hunting seasons by zones.

In Alabama, Indiana, Iowa, Kentucky, Louisiana, Michigan, Ohio,

Tennessee, and Wisconsin, the season may be split into two segments in

each zone.

In Mississippi, the season may be split into two segments.

In Arkansas and Minnesota, the season may be split into three

segments.

Pymatuning Reservoir Area, Ohio: The seasons, limits, and shooting

hours shall be the same as those selected in the adjacent portion of

Pennsylvania (Northwest Zone).

Geese

Split Seasons: Seasons for geese may be split into two segments.

Season Lengths, Outside Dates, and Limits: States may select

seasons for geese not to exceed 70 days for dark geese between the

Saturday nearest October 1 (October 1) and January 31, and 107 days for

light geese between the Saturday nearest October 1 (October 1), and

February 14. The daily bag limit is 7 geese, to include no more than 2

Canada geese, 2 white-fronted geese, and 2 brant. Specific regulations

for Canada geese and exceptions to the above general provisions are

shown below by State.

Alabama: In the SJBP Goose Zone, the season for Canada geese may

not exceed 35 days. Elsewhere, the season for Canada geese may extend

for 70 days in the respective duck-hunting zones. The daily bag limit

is 2 Canada geese.

Arkansas: The season for Canada geese may extend for 23 days in the

East Zone. In the West Zone, an experimental season for Canada geese of

up to 14 days may be selected. In both zones, the season may extend to

February 15. The daily bag limit is 2 Canada geese. In the remainder of

the State, the season for Canada geese is closed.

Illinois: The total harvest of Canada geese in the State will be

limited to 109,600 birds.

(a) Southern Illinois Quota Zone - The season for Canada geese will

close after 51 days or when 39,800 birds have been harvested, whichever

occurs first. Limits are 2 Canada geese daily and 10 in possession. All

harvested Canada geese in excess of twice the daily bag limit that are

transported outside the zone must be tagged with tags containing the

name and signature of the hunter and the date and location where the

birds were taken. If any of the following conditions exist after

December 20, the State, after consultation with the Service, will close

the season by emergency order with 48 hours notice:

1. 10 consecutive days of snow cover, 3 inches or more in depth.

2. 10 consecutive days of daily high temperatures less than 20

degrees F.

3. Average body weights of adult female geese less than 3,200

grams as measured from a weekly sample of a minimum of 50 geese.

4. Starvation or a major disease outbreak resulting in observed

mortality exceeding 5,000 birds in 10 days, or a total mortality

exceeding 10,000 birds.

(b) Rend Lake Quota Zone - The season for Canada geese will close

after 51 days or when 11,400 birds have been harvested, whichever

occurs first. Limits are 2 Canada geese daily and 10 in possession. All

harvested Canada geese in excess of twice the daily bag limit that are

transported outside the zone must be tagged with tags containing the

name and signature of the hunter and the date and location where the

birds were taken.

(c) Northern Illinois Quota Zone - The season for Canada geese will

close after 51 days or when 13,000 birds have been harvested, whichever

occurs first. The daily bag limit is 2 Canada geese.

(d) Central Illinois Quota Zone - The season for Canada geese will

close after 51 days or when 22,400 birds have been harvested, whichever

occurs first. The daily bag limit is 2 Canada geese.

(e) Remainder of the State - The season for Canada geese may extend

for 51 days in the respective goose zones. The daily bag limit is 2

Canada geese.

Indiana: The total harvest of Canada geese in the State will be

limited to 61,900 birds.

(a) Posey County - The season for Canada geese will close after 53

days or when 4,550 birds have been harvested, whichever occurs first.

The daily bag limit is 2 Canada geese.

(b) Remainder of the State - The season for Canada geese may extend

for 70 days in the respective duck-hunting zones, except in the SJBP

Zone, where the season may not exceed 35 days. The daily bag limit is 2

Canada geese.

Iowa: The season may extend for 55 days in the respective duck-

hunting zones and may open no earlier than October 8. The daily bag

limit is 2 Canada geese.

Kentucky:

(a) Western Zone - The season for Canada geese may extend for 53

days (66 days in Fulton County), and the harvest will be limited to

21,900 birds. Of the 21,900-bird quota, 14,300 birds will be allocated

to the Ballard Reporting Area and 4,200 birds will be allocated to the

Henderson/Union Reporting Area. If the quota in either reporting area

is reached prior to completion of the 53-day season, the season in that

reporting area will be closed. If this occurs, the season in those

counties and portions of counties outside of, but associated with, the

respective subzone (listed in State regulations) may continue for an

additional 7 days, not to exceed a total of 53 days (66 days in Fulton

County). The season in Fulton County may extend to February 13. The

daily bag limit is 2 Canada geese.

(b) Pennyroyal/Coalfield Zone - The season may extend for 35 days.

The daily bag limit is 2 Canada geese.

(c) Remainder of the State - The season may extend for 50 days. The

daily bag limit is 2 Canada geese.

Louisiana: Louisiana may hold 107-day seasons for light geese and

70-day seasons for white-fronted geese and brant between the Saturday

nearest October 1 (October 1) and February 14 in the respective duck-

hunting zones. The daily bag limit is 7 geese, to include no more than

2 white-fronted geese and 2 brant, except as noted below. In the

Southwest Zone, a 9-day season for Canada geese may be held. During the

Canada goose season, the daily bag limit for Canada and white-fronted

geese in the Southwest Zone is 2, no more than 1 of which may be a

Canada goose. Hunters participating in the Canada goose season must

possess a special permit issued by the State.

Michigan: The total harvest of Canada geese in the State will be

limited to 63,100 birds.

(a) North Zone - The framework opening date for all geese is

September 24 and the season for Canada geese may extend for 23 days.

The daily bag limit is 2 Canada geese.

(b) Middle Zone - The season for Canada geese may extend for 23

days. The daily bag limit is 2 Canada geese.

(c) South Zone

(1) Allegan County GMU - The season for Canada geese will close

after 50 days or when 2,000 birds have been harvested, whichever

occurs first. The daily bag limit is 2 Canada geese.

(2) Muskegon Wastewater GMU - The season for Canada geese will

close after 53 days or when 400 birds have been harvested, whichever

occurs first. The daily bag limit is 2 Canada geese.

(3) Saginaw County GMU - The season for Canada geese will close

after 40 days or when 2,000 birds have been harvested, whichever

occurs first. The daily bag limit is 2 Canada geese.

(4) Tuscola/Huron GMU - The season for Canada geese will close

after 40 days or when 750 birds have been harvested, whichever

occurs first. The daily bag limit is 2 Canada geese.

(5) Remainder of South Zone - The season for Canada geese may

extend for 30 days. The daily bag limit is 1 Canada goose.

(d) Southern Michigan GMU - An experimental special Canada goose

season may be held between January 7 and February 5. The daily bag

limit is 2 Canada geese.

Minnesota:

(a) West Zone

(1) West Central Zone - The season for Canada geese may extend

for 30 days. In the Lac Qui Parle Zone the season will close after

30 days or when a harvest index of 4,000 birds has been reached,

whichever occurs first. Throughout the West Central Zone, the daily

bag limit is 1 Canada goose.

(2) Remainder of West Zone - The season for Canada geese may

extend for 40 days. The daily bag limit is 1 Canada goose.

(b) Northwest Zone - The season for Canada geese may extend for 40

days. The daily bag limit is 1 Canada goose.

(c) Southeast Zone - The season for Canada geese may extend for 70

days, except in the Twin Cities Metro Zone and Olmsted County, where

the season may not exceed 80 days. The daily bag limit is 2 Canada

geese.

(d) Remainder of the State - The season for Canada geese may extend

for 50 days. The daily bag limit is 2 Canada geese.

(e) Fergus Falls/Alexandria Zone - An experimental special Canada

goose season of up to 10 days may be held in December. During the

special season, the daily bag limit is 2 Canada geese.

Mississippi: The season for Canada geese may extend for 70 days.

The daily bag limit is 2 Canada geese.

Missouri:

(a) Swan Lake Zone - The season for Canada geese will close after

40 days or when 5,000 birds have been harvested, whichever occurs

first. The daily bag limit is 2 Canada geese.

(b) Schell-Osage Zone - The season for Canada geese may extend for

40 days. The daily bag limit is 2 Canada geese.

(c) Central Zone - The season for Canada geese may extend for 50

days. The daily bag limit is 2 Canada geese. An experimental special

season of up to 10 consecutive days prior to October 15 may be selected

in addition to the regular season. During the special season, the daily

bag limit is 3 Canada geese.

(d) Remainder of the State - The season for Canada geese may extend

for 50 days in the respective duck-hunting zones. The daily bag limit

is 2 Canada geese.

Ohio: The season may extend for 70 days in the respective duck-

hunting zones, with a daily bag limit of 2 Canada geese, except in the

Lake Erie SJBP Zone, where the season may not exceed 30 days and the

daily bag limit is 1 Canada goose. In the Pymatuming Reservoir Area,

the seasons, limits, and shooting hours for all geese shall be the same

as those selected in the adjacent portion of Pennsylvania.

Tennessee:

(a) Northwest Zone - The season for Canada geese will close after

75 days or when 8,100 birds have been harvested, whichever occurs

first. The season may extend to February 15. The daily bag limit is 2

Canada geese.

(b) Southwest Zone - The season for Canada geese may extend for 59

days, and the harvest will be limited to 1,000 birds. The daily bag

limit is 2 Canada geese.

(c) Kentucky/Barkley Lakes Zone - The season for Canada geese will

close after 50 days or when 1,800 birds have been harvested, whichever

occurs first. All geese harvested must be tagged. The daily bag limit

is 2 Canada geese.

(d) Remainder of the State - The season for Canada geese may extend

for 70 days. The daily bag limit is 2 Canada geese.

Wisconsin: The total harvest of Canada geese in the State will be

limited to 76,800 birds.

(a) Horicon Zone - The framework opening date for all geese is

September 24. The harvest of Canada geese is limited to 41,000 birds.

The season may not exceed 80 days. All Canada geese harvested must be

tagged. The daily bag limit is 1 Canada goose and the season limit will

be the number of tags issued to each permittee.

(b) Collins Zone - The framework opening date for all geese is

September 24. The harvest of Canada geese is limited to 1,300 birds.

The season may not exceed 61 days. All Canada geese harvested must be

tagged. The daily bag limit is 2 Canada geese and the season limit will

be the number of tags issued to each permittee.

(c) Exterior Zone - The framework opening date for all geese is

October 1. The harvest of Canada geese is limited to 30,000 birds, with

500 birds allocated to the Mississippi River Subzone. The season may

not exceed 70 days and the daily bag limit is 1 Canada goose. In the

Mississippi River Subzone, the season for Canada geese may extend for

70 days in each duck zone. In that portion of the Exterior Zone outside

the Mississippi River Subzone, the progress of the harvest must be

monitored, and the season closed, if necessary, to ensure that the

harvest does not exceed 29,500 birds.

Additional Limits: In addition to the harvest limits stated for the

respective zones above, an additional 4,500 Canada geese may be taken

in the Horicon Zone under special agricultural permits.

Quota Zone Closures: When it has been determined that the quota of

Canada geese allotted to the Northern Illinois, Central Illinois,

Southern Illinois, and Rend Lake Quota Zones in Illinois, Posey County

in Indiana, the Ballard and Henderson-Union Subzones in Kentucky, the

Allegan County, Muskegon Wastewater, Saginaw County, and Tuscola/Huron

Goose Management Units in Michigan, the Lac Qui Parle Zone in

Minnesota, the Swan Lake Zone in Missouri, and the Northwest and

Kentucky/Barkley Lakes Zones in Tennessee will have been filled, the

season for taking Canada geese in the respective area will be closed by

either the Director upon giving public notice through local information

media at least 48 hours in advance of the time and date of closing, or

by the State through State regulations with such notice and time (not

less than 48 hours) as they deem necessary.

Central Flyway

The 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).

Ducks, Mergansers, and Coots

Outside Dates: October 1 through January 20.

Hunting Seasons and Duck Limits:

(1) High Plains Mallard Management Unit (roughly defined as that

portion of the Central Flyway which lies west of the 100th meridian):

Either (a) 51 days and daily bag limit of 4 ducks, including no more

than 1 of which may be a female mallard, 1 mottled duck, 1 pintail, 1

redhead, 1 canvasback and 2 wood ducks or (b) 61 days and daily bag

limit of 3, and the other restrictions shown above. Under both options,

the last 12 days may start no earlier than the Saturday nearest

December 10 (December 10).

(2) Remainder of the Central Flyway: Either (a) 39 days and daily

bag limit of 4 ducks, including no more than 1 female mallard, 1

mottled duck, 1 pintail, 1 redhead, 1 canvasback and 2 wood ducks or

(b) 49 days and daily bag limit of 3 ducks, and the other restrictions

shown above.

Merganser Limits: The daily bag limit of 5 mergansers may be taken,

only 1 of which may be a hooded merganser.

Coot Limits: The daily bag limit is 15 coots.

Zoning and Split Seasons: Montana, Nebraska (Low Plains portion),

New Mexico, Oklahoma (Low Plains portion), and South Dakota (Low Plains

portion) may select hunting seasons by zones.

In Montana, Nebraska (Low and High Plains portions), New Mexico,

North Dakota (Low Plains portion), Oklahoma (Low and High Plains

portions), South Dakota (High Plains portion), and Texas (Low Plains

portion), the season may be split into two segments.

In Colorado, Kansas (Low and High Plains portions), North Dakota

(High Plains portion), and Wyoming, the season may be split into three

segments.

Geese

Season Lengths, Outside Dates, and Limits: Seasons may be split

into two segments. The Saturday nearest October 1 (October 1), through

January 31, for dark geese and the Saturday nearest October 1 (October

1), through the Sunday nearest February 15 (February 12), except in

Colorado, Kansas, New Mexico, Oklahoma, and Texas, where the closing

date is February 28, for light geese. Seasons in States, and

independently in described goose management units within States, may be

as follows:

Colorado: No more than 107 days, with a daily bag limit of 5 light

and 3 dark geese.

Kansas: For dark geese, no more than 86 days, with a daily bag

limit of 2, including no more than 1 white-fronted goose.

For light geese, no more than 107 days, with a daily bag limit of

10.

Montana: No more than 107 days, with daily bag limits of 2 dark and

5 light geese in Sheridan County and 4 dark and 5 light geese in the

remainder of the Central Flyway portion.

Nebraska: For dark geese, no more than 86 days, with a daily bag

limit of not more than 2, which may include no more than 1 white-

fronted goose.

For light geese, no more than 107 days, with a daily bag limit of

10.

New Mexico: No more than 107 days, with a daily bag limit of 5

light and 3 dark geese, except in the Middle Rio Grande Valley where

the daily bag limit of light geese is 10.

North Dakota: For dark geese, no more than 86 days, with a daily

bag limit of 2.

For light geese, no more than 107 days, with a daily bag limit of

10.

Oklahoma: For dark geese, no more than 86 days, with a daily bag

limit of 2, including no more than 1 white-fronted goose.

For light geese, no more than 107 days, with a daily bag limit of

10.

South Dakota: For dark geese, no more than 86 days, with a daily

bag limit of not more than 2, including no more than 1 white-fronted

goose.

For light geese, no more than 107 days, with a daily bag limit of

10.

Texas: For the West Unit, no more than 107 days, with a daily bag

limit of 5 light and 3 dark geese.

For dark geese in the East Unit, no more than 86 days. The daily

bag limit is 2, including no more than 1 white-fronted goose during the

first 72 days; during the last 14 days, the season is closed on white-

fronted geese and the daily bag limit is 2 Canada geese.

For light geese in the East Unit, no more than 107 days, with a

daily bag limit of 10.

Wyoming: No more than 107 days, with a daily bag limit of 5 light

and 3 dark geese.

Pacific Flyway

Ducks, Mergansers, Coots, and Common Moorhens

Hunting Seasons and Duck Limits: Either (a) Concurrent 59 days and

daily bag limit of 5 ducks, including no more than 4 mallards (no more

than 1 of which may be a female), 1 pintail, 2 redheads and 1

canvasback or (b) Concurrent 69 days and daily bag limit of 4 ducks,

including no more than 3 mallards, and the other restrictions shown

above.

In the Columbia Basin Mallard Management Unit, the seasons may be

an additional 7 days. The season on coots and common moorhens may be

between the outside dates for the season on ducks, but not to exceed 93

days.

Coot and Common Moorhen Limits: The daily bag and possession limits

of coots and common moorhens are 25, singly or in the aggregate.

Outside Dates: Between October 1 and January 20.

Zoning and Split Seasons: Arizona, California, Idaho, Nevada,

Oregon, Utah, and Washington may select hunting seasons by zones.

Arizona, California, Idaho, Nevada, Oregon, Utah, and Washington

may split their seasons into two segments either Statewide or in each

zone.

Colorado, Montana, New Mexico, and Wyoming may split their duck

seasons into three segments.

Colorado River Zone, California: Seasons and limits shall be the

same as seasons and limits selected in the adjacent portion of Arizona

(South Zone).

Geese

Season Lengths, Outside Dates, and Limits: Except as subsequently

noted, 100-day seasons may be selected, with outside dates between the

Saturday nearest October 1 (October 1), and the Sunday nearest January

20 (January 22), and the basic daily bag limits are 3 light geese and 3

dark geese, including no more than 2 white-fronted geese.

Brant Season - A 16-consecutive-day season may be selected in

Oregon and Washington, and a 30-consecutive day season may be selected

in California. In only California, Oregon, and Washington, the daily

bag limit is 2 brant and is additional to dark goose limits, and the

open season on brant in those States may differ from that for other

geese.

Closures: There will be no open season on Aleutian Canada geese in

the Pacific Flyway. The States of California, Oregon, and Washington

must include a statement on the closure for that subspecies in their

respective regulations leaflet. Emergency closures may be invoked for

all Canada geese should Aleutian Canada goose distribution patterns or

other circumstances justify such actions.

Arizona: The daily bag limit for dark geese is 2 geese.

California:

Northeastern Zone - White-fronted geese and cackling Canada geese

may be taken only during the first 23 days of the goose season. The

daily bag limit is 3 geese and may include no more than 2 dark geese;

including not more than 1 cackling Canada goose.

Colorado River Zone - The seasons and limits must be the same as

those selected in the adjacent portion of Arizona (Balance-of-the-State

Zone).

Southern Zone - The daily bag and possession limits for dark geese

is 2 geese, including not more than 1 cackling Canada goose.

Balance-of-the-State Zone - A 79-day season may be selected, except

that white-fronted geese and cackling Canada geese may be taken during

only the first 65 days of such season. Limits may not include more than

3 geese per day and in possession, of which not more than 1 may be a

dark goose. The dark goose limits may be expanded to 2, provided that

they are Canada geese other than cackling Canada geese for which the

daily limit is 1.

Three areas in the Balance-of-the-State Zone are restricted in the

hunting of certain geese:

(1) In the Counties of Del Norte and Humboldt, there will be no

open season for Canada geese.

(2) In the Sacramento Valley Area, the season on white-fronted

geese and cackling Canada geese must end on or before November 30, and,

except in the Western Canada Goose Hunt Area, there will be no open

season for Canada geese.

(3) In the San Joaquin Valley Area, the hunting season for Canada

geese will close no later than November 23.

Colorado: The daily bag limit for dark geese is 2 geese.

Idaho:

Northern Unit - The daily bag limit is 4 geese, including 4 dark

geese, including not more than 2 white-fronted geese, and 3 light

geese.

Southwest Unit - The daily bag limit on dark geese is 4, including

not more than 2 white-fronted geese.

Southeastern Unit - The daily bag limit is 3 geese, including not

more than 2 white-fronted geese.

Montana:

West of Divide Zone - The daily bag limit on dark geese is 4,

including not more than 2 white-fronted geese.

Nevada:

Clark County Zone - The daily bag limit of dark geese is 2 geese.

New Mexico: The daily bag limit for dark geese is 2 geese.

Oregon: Except as subsequently noted, the dark goose limit is 4,

including not more than 2 white-fronted geese and 1 cackling Canada

goose.

Harney, Lake, Klamath, and Malheur Counties Zone - The season

length may be 100 days. White-fronted geese may not be taken before

October 17 during the regular goose season.

Western Zone - In the Special Canada Goose Management Area, except

for designated areas, there shall be no open season on Canada geese. In

the designated areas, individual quotas shall be established which

collectively shall not exceed 210 dusky Canada geese. See section on

quota zones. In those designated areas, the daily bag limit of dark

geese is 3, including not more than 2 white-fronted geese and 1

cackling Canada goose.

Utah: The daily bag limit for dark geese is 2 geese.

Washington: The daily bag limit is 4 geese, including 4 dark geese,

but not more than 2 white-fronted geese, and 3 light geese.

West Zone - In the Lower Columbia River Special Goose Management

Area, except for designated areas, there shall be no open season on

Canada geese. In the designated areas, individual quotas shall be

established which collectively shall not exceed 90 dusky Canada geese.

See section on quota zones.

Wyoming: In Lincoln, Sweetwater, and Sublette Counties, the

combined special September Canada goose seasons and the regular goose

season shall not exceed 100 days.

Quota Zones: Seasons on Canada geese must end upon attainment of

individual quotas of dusky Canada geese allotted to the designated

areas of Oregon and Washington. Hunting of Canada geese in those

designated areas shall only be by hunters possessing a State-issued

permit authorizing them to do so. In a Service-approved investigation,

the State must obtain quantitative information on hunter compliance of

those regulations aimed at reducing the take of dusky Canada geese and

eliminating the take of Aleutian Canada geese. The daily bag limit of

Canada geese may not include more than 1 cackling Canada goose.

Tundra Swans

In Montana, Nevada, New Jersey, North Carolina, North Dakota, South

Dakota, Utah, and Virginia, an open season for taking a limited number

of tundra swans may be selected. Permits will be issued by the States

and will authorize each permittee to take no more than 1 tundra swan

per season. The States must obtain harvest and hunter participation

data. These seasons will be subject to the following conditions:

In the Atlantic Flyway

--The season will be experimental.

--The season may be 90 days, must occur during the light goose

season, but may not extend beyond January 31.

--In New Jersey, no more than 200 permits may be issued.

--In North Carolina, no more than 6,000 permits may be issued.

--In Virginia, no more than 600 permits may be issued.

In the Central Flyway

--The season may be 107 days and must occur during the light goose

season.

--In the Central-Flyway portion of Montana, no more than 500

permits may be issued.

--In North Dakota, no more than 2,000 permits may be issued during

the experimental season.

--In South Dakota, no more than 1,500 permits may be issued during

the experimental season.

In the Pacific Flyway

--Except as subsequently noted, a 100-day season may be selected

between the Saturday nearest October 1 (October 1), and the Sunday

nearest January 20 (January 22). Seasons may be split into 2 segments.

The States of Montana, Nevada, and Utah must implement a harvest-

monitoring program to measure the extent of accidental harvest of

trumpeter swans.

--In Utah, no more than 2,500 permits may be issued. The season

must end on or before December 15.

--In Nevada, no more than 650 permits may be issued.

--In the Pacific-Flyway portion of Montana, no more than 500

permits may be issued.

Area, Unit and Zone Descriptions

Geese

Atlantic Flyway

New Jersey:

Special Area for Canada Geese: That portion of the State 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 Route 287; then west along Route 287 to its

intersection with Route 206 in Bedminster (Exit 18); then north along

Route 206 to its intersection with the Pennsylvania State boundary;

then north along the Pennsylvania boundary in the Delaware River to its

intersection with the New York State boundary.

Mississippi Flyway

Illinois

North Goose Zone: Same as for ducks.

Northern Illinois Quota Zone: The Counties of McHenry, Lake,

Kane, DuPage, and those portions of LaSalle and Will Counties north

of Interstate Highway 80.

Central Goose Zone: That portion of the State between the North and

South Goose Zone boundaries.

Central Illinois Quota Zone: The Counties of Grundy, Woodford,

Peoria, Knox, Fulton, Tazewell, Mason, Cass, Morgan, Pike, Calhoun,

and Jersey, and those portions of LaSalle and Will Counties south of

Interstate Highway 80.

South Goose Zone: That portion of the State south of a line

extending east from the Missouri border along the Modoc Ferry route to

Randolph County Highway 12, north along County 12 to Illinois Highway

3, north along Illinois 3 to Illinois 159, north along Illinois 159 to

Illinois 161, east along Illinois 161 to Illinois 4, north along

Illinois 4 to Interstate Highway 70, east along I-70 to the Bond County

line, north and east along the Bond County line to Fayette County,

north and east along the Fayette County line to Effingham County, east

and south along the Effingham County line to I-70, then east along I-70

to the Indiana border.

Central Flyway

Kansas:

Light Geese

Unit 1: That portion of Kansas east of KS 99.

Dark Geese

Texas:

West Unit: That portion of the State lying west of a line from the

international toll bridge at Laredo; north along I-35 and I-35W to Fort

Worth; northwest along US 81 and US 287 to Bowie; and north along US 81

to the Oklahoma border.

East Unit: Remainder of State.

Pacific Flyway

Harney, Klamath, Lake, and Malheur Counties Zone: All of Harney,

Klamath, Lake, and Malheur Counties.

Swans

Pacific Flyway

Utah:

Open Area: Statewide, except Cache, Daggett, Rich and Uintah

Counties.

[FR Doc. 94-20923 Filed 8-23-94; 8:45 am]

BILLING CODE 4310-55-F