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

SUMMARY: This rule prescribes final early-season frameworks which

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

limits, and other options for the 1996-97 migratory bird hunting

seasons. Early seasons are those which generally open prior to October

1. The effect of this final rule is to facilitate the selection of

hunting seasons by the States and Territories to further the annual

establishment of the early-season migratory bird hunting regulations.

These selections will be published in the Federal Register as

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

CFR part 20.

EFFECTIVE DATE: This rule takes effect on August 29, 1996.

ADDRESSES: States and Territories should send their season selections

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. The Public may inspect comments 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, (703) 358-

1714

SUPPLEMENTARY INFORMATION:

Regulations Schedule for 1996

On March 22, 1996, the Service published in the Federal Register

(61 FR 11992) a proposal to amend 50 CFR part 20. The proposal dealt

with the establishment of seasons, limits, and other regulations for

migratory game birds under Secs. 20.101 through 20.107, 20.109, and

20.110 of subpart K. On June 13, 1996, the Service published in the

Federal Register (61 FR 30114) a second document providing supplemental

proposals for early- and late-season migratory bird hunting regulations

frameworks. The June 13 supplement also provided detailed information

on the 1996-97 regulatory schedule and announced the Service Migratory

Bird Regulations Committee and Flyway Council meetings. On June 14,

1996, the Service published in the Federal Register (61 FR 30490) a

third document describing the Service's proposed 1996-97 regulatory

alternatives for duck hunting and its intent to consider establishing a

special youth waterfowl hunting day.

On June 27, 1996, the Service held a public hearing in Washington,

DC, as announced in the March 22 and June 14 Federal Registers to

review the status of migratory shore and upland game birds. The Service

discussed hunting regulations for these species and for other early

seasons. On July 22, 1996, the Service published in the Federal

Register (61 FR 37994) a fourth document specifically dealing with

proposed early-season frameworks for the 1996-97 season. This document

also extended the public comment period to August 1, 1996, for early-

season proposals. This rulemaking establishes final frameworks for

early-season migratory bird hunting regulations for the 1996-97 season.

Review of Flyway Council Recommendations, Public Comments and the

Service's Responses

As of August 9, 1996, the Service had received 199 written

comments; 25 of these specifically addressed early-season issues. The

Service also received recommendations from all four Flyway Councils.

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

the March 22 Federal Register. Only the numbered items pertaining to

early seasons for which comments were received are included. Flyway

Council recommendations shown below include only those involving

changes from the 1995-96 early-season frameworks. For those topics

where a Council recommendation is not shown, the Council supported

continuing the same frameworks as in 1995-96.

General

Public Hearing Comments: Mr. Dale Bartlett, representing the Humane

Society of the United States (HSUS), expressed concern that the Service

continues to establish liberal hunting regulations on species without

adequate data. HSUS claims the Service acted too quickly to liberalize

duck hunting regulations since the populations of many species remain

below goals set by the North American Waterfowl Management Plan

(NAWMP). HSUS is frustrated with the failure of the Service to close

seasons on species in decline such as woodcock, coastal populations of

band-tailed pigeon, white-winged doves in Arizona, and mourning doves

in the Western Management Unit. HSUS believes that bag limits and

season lengths on several species of webless migratory birds are

ridiculously high and flies in the face of the principles of wise and

ethical use of the resource. They also recommend that the Service

require all seasons to open at noon during mid-week to reduce large

kills. They further urged the Service to disallow one-half hour before

sunrise shooting.

Mr. Don Kraege, representing the Pacific Flyway Council, expressed

appreciation for the Service's efforts to enhance cooperative waterfowl

management.

Mr. Joe Kramer, representing the Central Flyway Council, reviewed

recommendations passed by the Council regarding establishment of this

year's migratory bird hunting regulations. He supported the proposed

expansion of the Rocky Mountain Greater Sandhill Crane hunt area in

Wyoming. Reviewing status information on blue- and green-winged teal

populations, he indicated this year's combined spring-breeding

population of about 8.9 million was a record high level and the

projected fall flight will probably be the largest ever recorded. He

indicated that the Central and Mississippi Flyway Councils would

complete a more comprehensive harvest approach for these special

seasons by March 1997. He supported the Central Flyway Council's

recommendation to expand this year's teal bag limit from 4 to 5 and

increase the teal season length from 9 to 16 days. Mr. Kramer supported

efforts by the Service to review baiting regulations, but he pointed

out continuing desires by many Central Flyway States to review the

timing of the early- and late-season meetings.

Mr. Charles D. Kelley, representing the Southeastern Association of

Fish and Wildlife Agencies, commended the Service for its efforts in

developing the Harvest Information Program, which will provide improved

harvest estimates for a number of species.

Ms. Anne Muller, representing the Committee to Abolish Sport

Hunting, and its affiliate, the Coalition to Prevent the Destruction of

Canada Geese, requested public hearings be held during evening hours to

increase public attendance.

Mr. Peter Muller, also representing the Committee to Abolish Sport

Hunting, requested that the Service maintain and enforce strict

waterfowl baiting regulations.

Written Comments: The Humane Society recommended all seasons open

[[Page 45837]]

at noon, mid-week, to reduce the large kills associated with the

traditional Saturday openings. They also recommend that hunting during

the one-half hour before sunrise be eliminated and wounded but

unretrieved birds count towards the daily bag limit.

1. Ducks

The categories used to discuss issues related to duck harvest

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

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

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

those categories containing substantial recommendations are included

below.

F. Zones and Splits

Written Comments: The Maine Department of Inland Fisheries and

Wildlife commended the Service for allowing a duck zone boundary

modification but expressed displeasure with the Service's failure to

authorize an experimental third zone in Maine. They contended there was

no biological justification to deny this request. They further

suggested the guidelines should not be ``a hard-and-fast rule'' and

should be modified to account for the geographic scale of any

particular State. Two individuals from Maine also provided comments

supporting Maine's request for a third zone.

The Indiana Department of Natural Resources and three individuals

supported Indiana's proposal to change zone boundaries during the 1996

open season.

The Kansas Department of Wildlife and Parks submitted an alternate

duck hunting zone proposal for 1996 to 2000. This proposal replaced one

submitted previously which did not meet the Service's criteria.

The Wyoming Game and Fish Department (Wyoming), commenting on the

policy governing the use of zone and split seasons for duck seasons,

requested an exception from the policy that precludes the use of non-

contiguous zone boundaries. Wyoming contended the Service should be

more flexible to accommodate the State's complex physiographies.

Wyoming recommended the Service revaluate its policy prior to the next

zones/splits open season in 2001.

Service Response: In 1990, the Service established guidelines for

the use of zones and split seasons for duck hunting (Federal Register,

55 FR 38901) following extensive review and endorsement of the Flyway

Councils and Technical Sections. The primary purpose of the guidelines

was to provide a framework for controlling the proliferation of changes

in zone and split options, which compromise our ability to measure

impacts of various regulatory changes on harvest. The guidelines were

not developed preferentially according to the geographic size of any

State, but rather, were administered equally to all States. The Service

believes that the guidelines must be applied fairly and consistently to

all States in order to prevent further proliferations in zone/split

configurations. However, the Service will review these concerns prior

to the next scheduled open season in 2001.

In the July 22, 1996, Federal Register, the Service indicated the

boundary changes proposed by Indiana did not meet the Service's

guidelines for zones and split seasons for the 1996-2000 period, and

requested the State revise its proposal accordingly. Subsequently,

Indiana indicated they would retain the current boundaries.

Kansas' alternate proposal was within the established guidelines

and is approved for the 1996-2001 period.

The Service also accepts the amended zone/split proposal for the

Central Flyway portion of Wyoming. Although Wyoming modified its

proposal to meet the language of the guidelines, the Service believes

it may also circumvent the intent of the guidelines with respect to the

use of non-contiguous zone boundaries. Current zone/split guidelines

prohibit the use of non-contiguous zone boundaries. The Service will

conduct a cooperative review of the guidelines with the Councils prior

to the next open season, and if at that time any modification in the

guidelines does not allow the Wyoming configuration, then

``grandfather'' status will not be granted.

G. Special Seasons/Species Management

iii. September Teal Seasons

Council Recommendations: The Upper-Region Regulations Committee of

the Mississippi Flyway Council recommended a 5-day experimental

September teal season be offered to the production States of Iowa,

Michigan, Minnesota, and Wisconsin for a 3-year period. The Committee

recommended a daily bag limit of 4 teal with sunrise to sunset shooting

hours.

The Central Flyway Council recommended a harvest strategy of

linking regulatory packages developed for the September teal season

with those developed for the regular duck season under the Adaptive

Harvest Management process. For 1996, the Council recommended either a

``restrictive'' package of 5 days with a daily bag limit of 3 teal, a

``moderate'' package of 9 days with a daily bag limit of 4 teal, or a

``liberal'' package of 16 days with a daily bag limit of 5 teal.

Written Comments: The Central Flyway Council and the Texas Parks

and Wildlife Department recommended a 16-day September teal season with

a 5-bird daily bag limit for 1996. The Council supported the

preparation of a cooperatively developed teal management plan, but did

not wish to delay implementation of more liberal regulations until plan

completion.

An individual from Texas requested a 16-day September teal season

with a 5-teal daily bag limit, or alternatively a 16-day season with a

4-teal daily bag limit.

Public-Hearing Comments: Mr. Joe Kramer representing the Central

Flyway Council indicated that the Central and Mississippi Flyway

Councils would complete a more comprehensive harvest approach for

special teal seasons by March 1997.

Service Response: The Service previously determined in the

Supplemental Environmental Impact Statement: Issuance of Annual

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

that proposals for expansion of existing special regulations require a

comprehensive evaluation plan. The plan should contain study

objectives, experimental design, decision criteria, and identification

of data needs. The Service believes the proper approach for permitting

experimental expansions would be to design a comprehensive study that

would evaluate the cumulative impacts of all teal-season hunting

opportunities, in both production and non-production States, on teal

and other ducks. The proposals recommended by the Flyways are disjunct,

with one containing an evaluation plan (Mississippi Flyway) and the

other (Central Flyway) absent one. As such, these proposals represent a

fragmented approach to expanding and evaluating teal-season hunting

opportunities, which is inconsistent with the desire of the Service.

Future consideration by the Service of any proposal to expand teal-

season hunting opportunities will take into account the evaluation

plan, the manpower and funding requirements necessary to implement the

plan, and the priority of this issue relative to other Service

programs.

iv. September Duck Seasons

Council Recommendations: The Upper-Region Regulations Committee of

the Mississippi Flyway Council recommended Iowa be allowed to hold up

to 5 days of its regular duck hunting

[[Page 45838]]

season in September, starting no earlier than the Saturday nearest

September 14. The remainder of the Iowa regular duck season could begin

no earlier than October 10.

Service Response: The Service previously determined in SEIS 88 that

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

duck season was a type of special season. The original evaluation of

this season suggested little impact on duck species other than teal.

However, the Service notes the original evaluation did not include

information from the periods requested in the proposal, so inferences

about effects of the proposed changes on duck populations are not

clear. More importantly, the Service believes that mixed-species

special seasons (as defined in the context of SEIS 88) are not a

preferred management approach, and does not wish to entertain

refinements to this season or foster expansions of this type of season

into other States.

3. Sea Ducks

Public Hearing Comments: Mr. Dale Bartlett, representing the Humane

Society, proposed sea duck seasons be closed or severely restricted

until adequate data on population status and species biology are

available.

Written Comments: The Humane Society recommended this season either

be closed or severely restricted until more complete information on

biology and population status is available. They repeated their concern

regarding seasons and limits on sea ducks which they deem too liberal,

considering the adequacy of data on population status and biology.

Service Response: The Service continues to be concerned about the

status of sea ducks and the potential impact that increased hunting

activity could have on these species. While there is no special season

on sea ducks in the Pacific Flyway, Alaska has a sea duck limit that is

additional to the limit on other ducks. In recognition of the need for

additional information on these species, the Service prepared a report

in June of 1993 on sea duck and merganser hunting seasons, status, and

harvests in Alaska and the Pacific Flyway coastal States. The Service

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

Council in evaluating the effects of these seasons on these ducks. A

report describing the status of sea ducks in the Atlantic Flyway was

completed in April of 1994. There are ongoing cooperative efforts to

summarize additional information on sea ducks. However, the Service

still emphasizes the importance of completing the sea duck management

plan. Furthermore, the Service considers improvements in survey

capabilities for these species to be extremely important for future

management actions. In 1993, the Service reduced bag limits on scoters

from 7 to 4 within an overall 7-bird sea duck limit. The Service will

continue to monitor these species and notes that further harvest

restrictions may be necessary.

4. Canada Geese

A. Special Seasons

Council Recommendations: The Atlantic Flyway Council recommended

the frameworks for September Canada goose seasons in the Atlantic

Flyway be modified as follows:

September 1-15: Montezuma region of New York, Lake Champlain region

of New York and Vermont, Maryland (Caroline, Cecil, Dorchester, and

Talbot Counties), South Carolina, and Delaware.

September 1-20: North Carolina (Currituck, Camden, Pasquotank,

Perquimans, Chowan, Bertie, Washington, Tyrrell, Dare, and Hyde

Counties).

September 1-30: New Jersey and remaining portion of North Carolina.

September 1-25: Remaining portion of Flyway, except Georgia and

Florida.

The Lower-Region Regulations Committee of the Mississippi Flyway

Council recommended the Service continue to closely monitor the impacts

of early Canada goose seasons, including both special seasons and

September openings of regular seasons, to insure that cumulative

impacts do not adversely affect migrant Canada geese and to insure that

special seasons adhere to the criteria established by the Service.

The Upper-Region Regulations Committee of the Mississippi Flyway

Council, the Central Flyway Council, and the Pacific Flyway Council

made several September Canada goose seasons recommendations. All of the

recommendations were within the established criteria for special Canada

goose seasons published in the August 29, 1995, Federal Register (60 FR

45020).

Public Hearing Comments: Mr. Dale Bartlett, representing the Humane

Society expressed concern about the general direction of the Service

towards resident Canada goose management.

Mr. Joe Kramer, representing the Central Flyway Council, supported

the additional flexibility allowed to address resident goose problems

through special hunting seasons.

Mr. Charles D. Kelley, representing the Southeastern Association of

Fish and Wildlife Agencies, stated that he appreciated the Service's

recognition of the problems caused by rapidly-expanding populations of

giant Canada geese and the need to work toward solving them.

Ms. Anne Muller, representing the Committee to Abolish Sport

Hunting, and its affiliate, the Coalition to Prevent the Destruction of

Canada Geese, said State and Federal wildlife agencies are exploiting

wild Canada geese to supply hunters with more targets by increasing

resident goose populations on wildlife management areas in every State.

Further, she objected to the roundup and shipment of geese by game

agencies personnel to slaughter houses to feed the poor, and believed

this action violates the rights of the general citizenry. Finally, she

requested the Service directly involve communities to help resolve

nuisance Canada geese conflicts.

Mr. Peter Muller, representing the Committee to Abolish Sport

Hunting, expressed concern that the special Canada goose seasons

currently held in New York and New Jersey were responsible for the

decline of migrant geese nesting in northern Quebec. He questioned

whether the criteria allowing 10 and 20 percent harvest of migrant

geese during the special early and late seasons, respectively, were too

liberal. Further, he argued that statistics regarding this goose

population were highly dubious since very little banding had occurred

on the breeding ground to accurately determine the racial composition

of the harvest. He indicated little is known regarding the interactions

between resident and migrant geese and recommended suspension of these

seasons until more information regarding population affiliation is

available. To assess the beneficial effects of these liberal hunting

seasons on resident Canada geese, he asked the Service to develop an

Environmental Impact Statement (EIS).

Dr. Ann Stirling Frisch expressed opposition to a proposed new hunt

area for special early Canada goose seasons in Wisconsin. Dr. Frisch

suggested such seasons are ineffective in controlling local Canada

goose populations, that habitat management was a preferable alternative

to hunting seasons, and that other lethal means of control were

undesirable. She further stated that National Environmental Policy Act

(NEPA) requirements were not met in establishing such seasons.

Written Comments: The Massachusetts Division of Fisheries and

Wildlife supported extending the

[[Page 45839]]

frameworks for September Canada goose seasons in the Atlantic Flyway to

September 25.

The Pennsylvania Game Commission objected to the Service's decision

to limit the special Canada goose season in Crawford County to

September 1-15 rather than expanding it to September 25 as requested by

the Atlantic Flyway Council. They indicated data is available to

support the extension. Subsequently, in a follow-up response,

Pennsylvania provided additional data from observations of neck-banded

Canada geese to assess the potential migrant harvest in Crawford County

during September 1-25 period.

The New York Department of Environmental Conservation appreciated

the Service's extension of the framework closing date to September 25

in most areas of the Atlantic Flyway but expressed concern that the

extension was only temporary and would be discontinued when regular

seasons are reinstated. They question the Service's desire to reinstate

the existing criteria if the harvest of migrants during this period

meets the established criteria and provides additional harvest pressure

on resident geese.

The New Jersey Division of Fish, Game and Wildlife commented that

numbers of resident Canada geese have exceeded the cultural carrying

capacity with humans, in some areas, and urged the Service to grant a

September 30 framework extension to the special September Canada goose

season. They further requested that this season be operational rather

than experimental. They indicated that several years of intensive neck-

collar observations have been conducted to justify this extension, and

that the extension would result in an estimated harvest of less than 3

percent migrant geese.

Four individuals and one petition containing 108 signatures opposed

a new September Canada goose season in Wisconsin.

Service Response: The Service recognizes the problems caused by

increasing populations of resident Canada geese and the continuing

concern for the status of certain migratory flocks. As the Service has

stated previously, it is committed to targeting these special seasons

at locally breeding and/or injurious Canada goose populations that nest

primarily within the conterminous United States. However, the Service

does not wish to increase the composition of migrants in the harvest

beyond that which is currently identified in the criteria for these

seasons.

Overall, the Service concurs with the Atlantic Flyway's

recommendation to modify the frameworks for special early Canada goose

seasons in the Atlantic Flyway and is granting the Atlantic Flyway a

temporary exemption to the special early Canada goose season criteria.

Specifically, the Service is allowing States in the Atlantic Flyway to

extend the framework closing date from September 15 to September 25,

except in certain areas where migrant geese are known to arrive early.

Seasons extending beyond September 25 are classified as experimental.

In addition, the Service is approving the extension of the framework

closing date to September 25 for Crawford County, Pennsylvania, on an

experimental basis, based on the observational neck collar data

submitted by Pennsylvania. The Service is granting this temporary

exemption for the Atlantic Flyway because of the suspension of the

regular season on Atlantic Population Canada geese and the Flyway's

need for greater flexibility in dealing with increasing numbers of

resident Canada geese. The exemption is proposed to remain in effect

until the regular season on migrant Canada geese is reinstated. The

Service encourages all States selecting framework dates after September

15 to continue with data-gathering and monitoring efforts in order to

further evaluate any proportional changes in the harvest of migrant

geese.

Wisconsin has held a special September Canada goose season for

several years. This year, the Wisconsin Department of Natural Resources

requested that the open area for the season be expanded. The Service

concurs with that request, and the larger area is included in the

frameworks herein.

B. Regular Seasons

Council Recommendations: The Upper-Region Regulations Committee of

the Mississippi Flyway Council recommended a September 21 framework

opening date for the regular goose season in the Upper Peninsula of

Michigan and statewide in Wisconsin.

The Pacific Flyway Council reiterated its 1995 recommendation that

Alaska, Oregon, and Washington take actions to reduce the harvest of

dusky Canada geese.

Service Response: Regarding the Pacific Flyway Council's

recommendation, the Service recognizes this need and proposes

establishing uniform criteria to measure the harvest of dusky Canada

geese in Washington's and Oregon's Quota Zones. The Service solicits

input from the Council and other parties in the development of these

criteria for the 1996-97 season.

9. Sandhill Cranes

Council Recommendations: The Central Flyway Council recommended

Wyoming's sandhill crane hunt area expand to include Park and Big Horn

Counties.

The Pacific Flyway Council recommended season modifications in

Montana and Wyoming. In Montana, the Council recommended a new hunt

zone in the Ovando-Helmville area. In Wyoming, the Council recommended

expanding the season from 3 to 8 days, increasing the number of

permits, and establishing a new hunt zone in Park and Big Horn

Counties.

Service Response: The Service concurs with the Councils'

recommendations.

12. Rails

Written Comments: The Humane Society believes that bag limits for

sora and Virginia rails are extremely high.

Service Response: Available information indicates that harvest

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

suggest the frameworks provided are not appropriate.

14. Woodcock

The Service is increasingly concerned about the gradual long-term

declines in woodcock populations in the Eastern and Central management

regions. Although habitat changes appear to be the primary cause of the

declines, the Service believes that hunting regulations should be

commensurate with the woodcock population status and rates of declines.

The Service seeks active participation by the Atlantic and Mississippi

Flyway Councils in the development of short and long-term woodcock

harvest management strategies, which identify the circumstances under

which additional harvest restrictions should be implemented and what

those restrictions should be.

18. Alaska

Council Recommendations: The Pacific Flyway Council recommended the

establishment of separate basic limits for geese. For dark geese, the

Council recommended a basic daily bag limit of 4, with 8 in possession.

For light geese, the Council recommended a daily bag limit of 3, with 6

in possession. The proposed limits would be subject to area

restrictions for Canada geese and limits for brant and emperor geese

would remain separate.

[[Page 45840]]

Public Hearing Comments: Mr. Dale Bartlett, representing the Humane

Society strongly recommended that opening dates in Alaska be delayed at

least 2 weeks to allow birds to leave their natal marshes.

Written Comments: The Humane Society of the United States

recommends that the opening date for all seasons in Alaska be delayed

by 2 weeks so that young birds are able to leave natal marshes before

being subjected to hunting pressure.

Service Response: The Service agrees with the Council's

recommendation regarding the establishment of separate basic limits for

geese.

It is important to note that in Alaska, hunting pressure on

migratory birds is comparatively light. Many northern species migrate

from the State before seasons open there in September and there is no

evidence to indicate regulated hunting has adversely impacted local

populations.

19. Hawaii

Written Comments: The Hawaii Division of Forestry and Wildlife

(Hawaii) requested an extension in the mourning dove framework closing

date from January 15 to January 21 and an increase in the season length

from 70 days to 85 days. Hawaii requests this to accommodate their

traditional opening date of the first Saturday in November and their

closing date of either the third Saturday in January or Martin Luther

King Day, whichever occurs later.

Service Response: In recent years, outside dates for Hawaii have

been between September 1 and January 15, consistent with frameworks

established in other management units. However, due to natural calendar

cycle, Hawaii's traditional season dates fall outside of established

framework dates on the average of once every 7 years. The Service

recognizes Hawaii's uniqueness relative to the conterminous United

States and agrees some flexibility should be employed. The Service

further notes Hawaii's season length and daily bag limit have

traditionally been far more conservative than those allowed by Federal

frameworks. Thus, to accommodate Hawaii's request, the Service agrees

to shift the outside dates to October 1 and January 31. The Service

notes that in the South Zone of Texas, framework dates are shifted to

September 20 and January 25. Regarding Hawaii's request for an increase

in the season length, the Service reminds Hawaii that the season may be

split into three segments.

Public Comment Invited

The Service intends that adopted final rules be as responsive as

possible to all concerned interests, and wants to obtain the comments

and suggestions from all interested areas of the public, as well as

other governmental agencies. Such comments, and any additional

information received, may lead to final regulations that differ from

these proposals. However, special circumstances involved in the

establishment of these regulations limit the amount of time 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, before mid-June, of

specific, reliable data on this year's status of some waterfowl and

migratory shore and upland game bird populations. Therefore, the

Service believes allowing comment periods past the dates specified is

contrary to public interest.

Comment Procedure

It is the policy of the Department of the Interior to afford the

public an opportunity to participate in the rulemaking process,

whenever practical. Accordingly, interested persons may participate by

submitting written comments to the Chief, MBMO, at the address listed

under the caption ADDRESSES. The public may inspect comments during

normal business hours at the Service's office address listed under the

caption ADDRESSES. The Service will consider all relevant comments

received and will try to acknowledge received comments, but may not

provide an individual response to each commenter.

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. The Service published a Notice

of Availability in the June 16, 1988, Federal Register (53 FR 22582).

The Service published its Record of Decision on August 18, 1988 (53 FR

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

address indicated under the caption ADDRESSES.

Endangered Species Act Consideration

As in the past, the Service designs hunting regulations to remove

or alleviate chances of conflict between migratory game bird hunting

seasons and the protection and conservation of endangered and

threatened species. Consultations have been conducted to ensure that

actions resulting from these regulatory proposals will not likely

jeopardize the continued existence of endangered or threatened species

or result in the destruction or adverse modification of their critical

habitat. Findings from these consultations are included in a biological

opinion and may cause modification of some regulatory measures

previously proposed. The final frameworks reflect any modifications.

The Service's biological opinions resulting from its Section 7

consultation are public documents available for public inspection in

the Service's Division of Endangered Species and MBMO, at the address

indicated under the caption ADDRESSES.

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

Paperwork Reduction Act

In the March 22, 1996, Federal Register, the Service reported

measures it took to comply with requirements of the Regulatory

Flexibility Act and E.O. 12866. One measure was to prepare a Small

Entity Flexibility Analysis (Analysis) in 1996 documenting the

significant beneficial economic effect on a substantial number of small

entities. The Analysis estimated that migratory bird hunters would

spend between $254 and $592 million at small businesses. Copies of the

Analysis are available upon request from the Office of Migratory Bird

Management. This rule was reviewed under E.O. 12866.

The Department examined these proposed regulations under the

Paperwork Reduction Act of 1995. The various information collection

requirements are utilized in the formulation of migratory game bird

hunting regulations. OMB has approved these information collection

requirements and assigned clearance numbers 1018-0015 and 1018-0023.

Regulations Promulgation

The rulemaking process for migratory game bird hunting must, by its

nature, operate under severe time constraints. However, the Service

intends that the public be given the greatest possible opportunity to

comment on the regulations. Thus, when the preliminary proposed

rulemaking was published, the Service established what it believed

[[Page 45841]]

were the longest periods possible for public comment. In doing this,

the Service recognized that when the comment period closed, time would

be of the essence. That is, if there were a delay in the effective date

of these regulations after this final rulemaking, the States would have

insufficient time to select season dates and limits; to communicate

those selections to the Service; and to establish and publicize the

necessary regulations and procedures to implement their decisions.

Therefore, the Service, under authority of the Migratory Bird

Treaty Act (July 3, 1918), as amended, (16 U.S.C. 703-711), prescribes

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

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

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

from which State conservation agency officials may select hunting

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

selections from these officials, the Service will publish in the

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

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

for the 1995-96 season.

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

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

these frameworks will, therefore, take effect immediately upon

publication.

Unfunded Mandates

The Service has determined and certifies in compliance with the

requirements of the Unfunded Mandates Act, 2 U.S.C. 1502 et seq., that

this rulemaking will not impose a cost of $100 million or more in any

given year on local or State government or private entities.

Civil Justice Reform - Executive Order 12988

The Department, in promulgating this proposed rule, has determined

that these regulations meet the applicable standards provided in

Sections 3(a) and 3(b)(2) of Executive Order 12988.

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 1996-97

hunting season are authorized under 16 U.S.C. 703-711, 16 U.S.C. 712,

and 16 U.S.C. 742 a-j.

Dated: August 19, 1996

George T. Frampton, Jr.

Assistant Secretary for Fish and Wildlife and Parks

Final Regulations Frameworks for 1996-97 Early Hunting Seasons on

Certain Migratory Game Birds

Pursuant to the Migratory Bird Treaty Act and delegated

authorities, the Department of Interior approved the following proposed

frameworks which prescribe season lengths, bag limits, shooting hours,

and outside dates within which States may select seasons for certain

migratory game birds between September 1, 1996, and March 10, 1997.

General

Dates: All outside dates noted below are inclusive.

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

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

Possession Limits: Unless otherwise specified, possession limits

are twice the daily bag limit.

Area, Zone, and Unit Descriptions: Geographic descriptions are

contained in a later portion of this document.

Special September Teal Season

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

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

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

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

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

State regulations.

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

days, with a daily bag limit of 4 teal.

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

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

from sunrise to sunset.

Special September Duck Seasons

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

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

in the aggregate.

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

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

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

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

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

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

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

season segment may commence no earlier than the Saturday nearest

September 20 (September 21, 1996), with daily bag and possession limits

being the same as those in effect last year. The remainder of the

regular duck season may not begin before October 15.

Scoter, Eider, and Oldsquaw Ducks (Atlantic Flyway)

Outside Dates: Between September 15 and January 20.

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

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

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

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

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

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

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

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

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

possession limits.

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

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

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

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

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

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

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

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

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

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

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

hunting regulations adopted by the respective States.

Special Early Canada Goose Seasons

Atlantic Flyway

General Seasons

Canada goose seasons of up to 15 days during September 1-15 may be

selected for the Montezuma Region of New York; the Lake Champlain

Region of New York and Vermont; the Counties of Caroline, Cecil,

Dorchester, and Talbot in Maryland; Delaware; and Crawford County in

Pennsylvania. Seasons not to

[[Page 45842]]

exceed 20 days during September 1-20 may be selected for the Northeast

Hunt Unit of North Carolina. Seasons may not exceed 25 days during

September 1-25 in the remainder of the Flyway, except Georgia and

Florida, where the season is closed. Areas open to the hunting of

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

each State's hunting regulations.

Daily Bag Limits: Not to exceed 5 Canada geese.

Experimental Seasons

Experimental Canada goose seasons of up to 30 days during September

1-30 may be selected by New Jersey, North Carolina (except in the

Northeast Hunt Unit), and South Carolina. Experimental Canada goose

seasons of up to 25 days during September 1-25 may be selected in

Crawford County, Pennsylvania. Areas open to the hunting of Canada

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

State's hunting regulations.

Daily Bag Limits: Not to exceed 5 Canada geese.

Mississippi Flyway

General Seasons

Canada goose seasons of up to 15 days during September 1-15 may be

selected by Illinois, Indiana, Iowa, Michigan (except in the Upper

Peninsula, where the season may not extend beyond September 10, and in

Huron, Saginaw and Tuscola Counties, where no special season may be

held), Minnesota, Missouri, Ohio, Tennessee, and Wisconsin. The daily

bag limit may not exceed 5 Canada geese. Areas open to the hunting of

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

each State's hunting regulations.

Central Flyway

General Seasons

Canada goose seasons of up to 15 days during September 1-15 may be

selected by South Dakota. The daily bag limit may not exceed 5 Canada

geese. Areas open to the hunting of Canada geese must be described,

delineated, and designated as such in each State's hunting regulations.

Pacific Flyway

General Seasons

Wyoming may select an 8-day season on Canada geese between

September 1-15. This season is subject to the following conditions:

1. Where applicable, the season must be concurrent with the

September portion of the sandhill crane season.

2. All participants must have a valid State permit for the

special season.

3. A daily bag limit of 2, with season and possession limits of

6 will apply to the special season.

Oregon may select a special Canada goose season of up to 15 days

during the period September 1-15. Daily bag limits not to exceed 3

Canada geese with 6 in possession.

Washington may select a special Canada goose season of up to 15

days during the period September 1-15. Daily bag limits not to exceed 3

Canada geese with 6 in possession.

Idaho may select a 15-day season in the special East Canada Goose

Zone as described in State regulations during the period September 1-

15. All participants must have a valid State permit and the total

number of permits issued is not to exceed 110 for this zone. The daily

bag limit is 2 and the possession limit is 4.

Idaho may select a 7-day Canada Goose Season during the period

September 1-15 in Nez Perce County with a bag limit of 4 and a

possession limit of 8. All participants must have a valid State permit

and the total number of permits is not to exceed 200 for the season in

Nez Perce County.

Areas open to hunting of Canada geese in each State must be

described, delineated, and designated as such in each State's hunting

regulations.

Regular Goose Seasons

Regular goose seasons in Wisconsin and the Upper Peninsula of

Michigan may open as early as September 21. Season lengths and bag and

possession limits will be the same as those in effect last year but are

subject to change during the late-season regulations process.

Sandhill Cranes

Regular Seasons in the Central Flyway:

Outside Dates: Between September 1 and February 28.

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

selected in designated portions of the following States: Colorado,

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

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

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

Daily Bag Limits: 3 sandhill cranes.

Permits: Each person participating in the regular sandhill crane

seasons must have a valid Federal sandhill crane hunting permit in

their possession while hunting.

Special Seasons in the Central and Pacific Flyways:

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

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

Rocky Mountain Population subject to the following conditions:

Outside Dates: Between September 1 and January 31.

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

days.

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

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

appropriate State, in their possession while hunting.

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

protection plans for other species, and other provisions of seasons

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

and Pacific Flyway Councils. Seasons in Montana and the Park-Big Horn

Unit in Wyoming are experimental.

Common Moorhens and Purple Gallinules

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

Flyway, and between September 1 and the Sunday nearest January 20

(January 19) in the Mississippi and Central Flyways. States in the

Pacific Flyway have been allowed to select their hunting seasons

between the outside dates for the season on ducks; therefore, they are

late-season frameworks and no frameworks are provided in this document.

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

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

split into 2 segments. The daily bag limit is 15 common moorhens and

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

Rails

Outside Dates: States included herein may select seasons between

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

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

split into 2 segments.

Daily Bag Limits:

Clapper and King Rails - In Rhode Island, Connecticut, New Jersey,

Delaware, and Maryland, 10, singly or in the aggregate of the two

species. In Texas, Louisiana, Mississippi, Alabama, Georgia, Florida,

South Carolina, North Carolina, and Virginia, 15, singly or in the

aggregate of the two species.

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

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

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

aggregate

[[Page 45843]]

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

Pacific Flyway.

Common Snipe

Outside Dates: Between September 1 and February 28, except in

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

Connecticut, New York, New Jersey, Delaware, Maryland, and Virginia,

where the season must end no later than January 31.

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

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

snipe.

American Woodcock

Outside Dates: States in the Atlantic Flyway may select hunting

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

Mississippi Flyways may select hunting seasons between September 1 and

January 31.

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

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

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

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

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

season in each zone may not exceed 35 days.

Band-tailed Pigeons

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

Outside Dates: Between September 15 and January 1.

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

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

respectively.

Permit Requirement: The appropriate State agency must issue permits

or participate in the Migratory Bird Harvest Information Program.

Zoning: California may select hunting seasons not to exceed 9

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

must close by October 7.

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

Outside Dates: Between September 1 and November 30.

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

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

Permit Requirement: The appropriate State agency must issue permits

or participate in the Migratory Bird Harvest Information Program.

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

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

not open until October 1.

Mourning Doves

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

otherwise provided, States may select hunting seasons and daily bag

limits as follows:

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

Louisiana)

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

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

of 15.

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

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

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

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

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

length, and shooting hours must be uniform within specific hunting

zones.

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

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

Dakota, Texas, and Wyoming)

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

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

of 15.

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

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

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

zones subject to the following conditions:

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

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

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

concurrently with that special season (see white-winged dove

frameworks).

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

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

and January 25.

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

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

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

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

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

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

may be white-tipped doves.

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

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

hunting zone.

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

Utah, and Washington)

Hunting Seasons and Daily Bag Limits: Idaho, Nevada, Oregon, Utah,

and Washington - Not more than 30 consecutive days with a daily bag

limit of 10 mourning doves (in Nevada, the daily bag limit may not

exceed 10 mourning and white-winged doves in the aggregate).

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

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

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

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

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

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

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

in the aggregate.

White-winged and White-tipped Doves

Hunting Seasons and Daily Bag Limits:

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

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

seasons.

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

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

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

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

doves.

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

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

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

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

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

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

aggregate.

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

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

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

winged, and white-tipped doves (15 under the

[[Page 45844]]

alternative) in the aggregate, of which not more than 6 may be white-

winged doves and not more than 2 may be white-tipped doves.

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

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

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

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

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

white-tipped doves.

Alaska

Outside Dates: Between September 1 and January 26.

Hunting Seasons: Alaska may select 107 consecutive days for

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

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

each zone must be concurrent.

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

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

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

eiders.

Daily Bag and Possession limits:

Ducks - Except as noted, a basic daily bag limit of 7 and a

possession limit of 21 ducks. Daily bag and possession limits in the

North Zone are 10 and 30, and in the Gulf Coast Zone they are 8 and 24,

respectively. The basic limits may include no more than 1 canvasback

daily and 3 in possession.

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

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

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

aggregate of these species.

Light Geese - A basic daily bag limit of 3 and a possession limit

of 6.

Dark Geese - A basic daily bag limit of 4 and a possession limit of

8.

Dark-goose seasons are subject to the following restrictions:

1. In Units 9(e) and 18, the limits for Canada geese are 1 daily

and 2 in possession.

2. In Units 5 and 6, the taking of Canada geese is permitted

from September 28 through December 16. Middleton Island is closed to

the taking of Canada geese.

3. In Unit 10 (except Unimak Island), the taking of Canada geese

is prohibited.

Brant - A daily bag limit of 2.

Common snipe - A daily bag limit of 8.

Sandhill cranes - A daily bag limit of 3.

Tundra swans - Open seasons for tundra swans may be selected

subject to the following conditions:

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

each permittee to take 1 tundra swan per season.

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

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

permit.

3. The seasons must be concurrent with other migratory bird

seasons.

4. The appropriate State agency must issue permits, obtain

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

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

Hawaii

Outside Dates: Between October 1 and January 31.

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

for mourning doves.

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

doves.

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

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

subject to the applicable provisions of 50 CFR part 20.

Puerto Rico

Doves and Pigeons:

Outside Dates: Between September 1 and January 15.

Hunting Seasons: Not more than 60 days.

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

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

scaly-naped pigeons.

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

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

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

Ducks, Coots, Moorhens, Gallinules, and Snipe:

Outside Dates: Between October 1 and January 31.

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

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

two segments.

Daily Bag Limits:

Ducks - Not to exceed 5.

Common moorhens - Not to exceed 6.

Common snipe - Not to exceed 8.

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

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

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

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

and Caribbean coot.

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

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

Virgin Islands

Doves and Pigeons:

Outside Dates: Between September 1 and January 15.

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

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

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

doves, or pigeons in the Virgin Islands.

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

Ruth Cay (just south of St. Croix).

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

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

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

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

pigeon.

Ducks

Outside Dates: Between December 1 and January 31.

Hunting Seasons: Not more than 55 consecutive days.

Daily Bag Limits: Not to exceed 5.

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

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

and masked duck.

Special Falconry Regulations

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

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

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

accordance with the following:

Extended Seasons: For all hunting methods combined, the combined

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

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

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

into a maximum of 3 segments.

Framework Dates: Seasons must fall between September 1 and March

10.

Daily Bag and Possession Limits: Falconry daily bag and possession

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

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

falconry seasons, any special or experimental seasons, and regular

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

extended falconry season.

Regular Seasons: General hunting regulations, including seasons and

[[Page 45845]]

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

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

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

Area, Unit, and Zone Descriptions

Central Flyway portion of the following States consists of:

Colorado: That area lying east of the Continental Divide.

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

and Park Counties.

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

outside the Jicarilla Apache Indian Reservation.

Wyoming: That area lying east of the Continental Divide and

excluding the Great Divide Portion.

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

Mourning and White-winged Doves

Alabama

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

Escambia, Geneva, Henry, Houston, and Mobile Counties.

North Zone - Remainder of the State.

California

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

Bernardino Counties.

Florida

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

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

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

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

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

and east of the St. Marks River).

South Zone - Remainder of State.

Georgia

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

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

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

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

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

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

along the Little Ocmulgee River to the Ocmulgee River; thence

southwesterly along the Ocmulgee River to the western border of the

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

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

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

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

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

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

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

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

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

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

South Carolina line.

South Zone - Remainder of the State.

Louisiana

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

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

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

Mississippi State line.

South Zone - The remainder of the State.

Mississippi

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

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

Walthall.

North Zone - The remainder of the State.

Nevada

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

Texas

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

of Mexico.

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

Willacy Counties.

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

and South Zones.

Band-tailed Pigeons

California

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

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

Counties.

South Zone - The remainder of the State.

New Mexico

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

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

Socorro to the Texas State line.

South Zone - Remainder of the State.

Washington

Western Washington - The State of Washington excluding those

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

White Salmon River in Klickitat County.

Woodcock

New Jersey

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

South Zone - The remainder of the State.

Special September Goose Seasons

Atlantic Flyway

Connecticut

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

Maryland

Eastern Unit - Anne Arundel, Calvert, Caroline, Cecil, Charles,

Dorchester, Harford, St. Marys, Somerset, Talbot, Wicomico, and

Worcester Counties, and those portions of Baltimore, Howard, and Prince

Georges Counties east of I-95.

Western Unit - Allegany, Carroll, Frederick, Garrett, Montgomery,

and Washington Counties, and those portions of Baltimore, Howard, and

Prince Georges Counties east of I-95.

Massachusetts

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

south from the Vermont border on I-91 to MA 9, west on MA 9 to MA 10,

south on MA 10 to U.S. 202, south on U.S. 202 to the Connecticut

border.

Central Zone - That portion of the State east of the Berkshire Zone

and west of a line extending south from the New Hampshire border on I-

95 to U.S. 1, south on U.S. 1 to I-93, south on I-93 to MA 3, south on

MA 3 to U.S. 6, west on U.S. 6 to MA 28, west on MA 28 to I-195, west

to the Rhode Island border; except the waters, and the lands 150 yards

inland from the high-water

[[Page 45846]]

mark, of the Assonet River upstream to the MA 24 bridge, and the

Taunton River upstream to the Center St.-Elm St. bridge shall be in the

Coastal Zone.

Coastal Zone - That portion of Massachusetts east and south of the

Central Zone.

New Hampshire

Early-season Hunt Unit - Cheshire, Hillsborough, Rockingham, and

Strafford Counties.

New York

Lake Champlain Zone - The U.S. portion of Lake Champlain and that

area east and north of a line extending along NY 9B from the Canadian

border to U.S. 9, south along U.S. 9 to NY 22 south of Keesville; south

along NY 22 to the west shore of South Bay, along and around the

shoreline of South Bay to NY 22 on the east shore of South Bay;

southeast along NY 22 to U.S. 4, northeast along U.S. 4 to the Vermont

border.

Long Island Zone - That area consisting of Nassau County, Suffolk

County, that area of Westchester County southeast of I-95, and their

tidal waters.

Western Zone - That area west of a line extending from Lake Ontario

east along the north shore of the Salmon River to I-81, and south along

I-81 to the Pennsylvania border, except for the Montezuma Zone.

Montezuma Zone - Those portions of Cayuga, Seneca, Ontario, Wayne,

and Oswego Counties north of U.S. Route 20, east of NYS Route 14, south

of NYS Route 104, and west of NYS Route 34.

Northeastern Zone - That area north of a line extending from Lake

Ontario east along the north shore of the Salmon River to I-81, south

along I-81 to NY 49, east along NY 49 to NY 365, east along NY 365 to

NY 28, east along NY 28 to NY 29, east along NY 29 to I-87, north along

I-87 to U.S. 9 (at Exit 20), north along U.S. 9 to NY 149, east along

NY 149 to U.S. 4, north along U.S. 4 to the Vermont border, exclusive

of the Lake Champlain Zone.

Southeastern Zone - The remaining portion of New York.

North Carolina

Northeast Hunt Unit - Counties of Bertie, Camden, Chovan,

Currituck, Dare, Hyde, Pasquotank, Perquimans, Tyrrell, and Washington.

South Carolina

Early-season Hunt Unit - Clarendon County and those portions of

Orangeburg County north of SC Highway 6 and Berkeley County north of SC

Highway 45 from the Orangeburg County line to the junction of SC

Highway 45 and State Road S-8-31 and west of the Santee Dam.

Mississippi Flyway

Illinois

North Zone: That portion of the State outside of the Northeast Zone

and north of a line extending east from the Iowa border along Illinois

Highway 92 to Interstate Highway 280, east along I-280 to I-80, then

east along I-80 to the Indiana border.

Northeast Zone - Cook, DuPage, Grundy, Kane, Kankakee, Kendall,

Lake, McHenry, and Will Counties.

Iowa

North Zone: That portion of the State north of a line extending

east from the Nebraska border along State Highway 175 to State 37,

southeast along State 37 to U.S. Highway 59, south along U.S. 59 to

Interstate Highway 80, then east along I-80 to the Illinois border.

South Zone: The remainder of Iowa.

Minnesota

Twin Cities Metropolitan Canada Goose Zone -

A. All of Hennepin and Ramsey Counties.

B. In Anoka County, all of Columbus Township lying south of County

State Aid Highway (CSAH) 18, Anoka County; all of the cities of Ramsey,

Andover, Anoka, Coon Rapids, Spring Lake Park, Fridley, Hilltop,

Columbia Heights, Blaine, Lexington, Circle Pines, Lino Lakes, and

Centerville; and all of the city of Ham Lake except that portion lying

north of CSAH 18 and east of U.S. Highway 65.

C. That part of Carver County lying north and east of the following

described line: Beginning at the northeast corner of San Francisco

Township; thence west along the north boundary of San Francisco

Township to the east boundary of Dahlgren Township; thence north along

the east boundary of Dahlgren Township to U.S. Highway 212; thence west

along U.S. Highway 212 to State Trunk Highway (STH) 284; thence north

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

on CSAH 10 to CSAH 30; thence north and west on CSAH 30 to STH 25;

thence east and north on STH 25 to CSAH 10; thence north on CSAH 10 to

the Carver County line.

D. In Scott County, all of the cities or Shakopee, Savage, Prior

Lake, and Jordan, and all of the Townships of Jackson, Louisville, St.

Lawrence, Sand Creek, Spring Lake, and Credit River.

E. In Dakota County, all of the cities of Burnsville, Eagan,

Mendota Heights, Mendota, Sunfish Lake, Inver Grove Heights, Apple

Valley, Lakeville, Rosemount, Farmington, Hastings, Lilydale, West St.

Paul, and South St. Paul, and all of the Township of Nininger.

F. That portion of Washington County lying south of the following

described line: Beginning at County State Aid Highway (CSAH) 2 on the

west boundary of the county; thence east on CSAH 2 to U.S. Highway 61;

thence south on U.S. Highway 61 to State Trunk Highway (STH) 97; thence

east on STH 97 to the intersection of STH 97 and STH 95; thence due

east to the east boundary of the state.

Northwest Goose Zone (included for reference only, not a special

September Goose Season Zone) - That portion of the State encompassed by

a line extending east from the North Dakota border along U.S. Highway 2

to State Trunk Highway (STH) 32, north along STH 32 to STH 92, east

along STH 92 to County State Aid Highway (CSAH) 2 in Polk County, north

along CSAH 2 to CSAH 27 in Pennington County, north along CSAH 27 to

STH 1, east along STH 1 to CSAH 28 in Pennington County, north along

CSAH 28 to CSAH 54 in Marshall County, north along CSAH 54 to CSAH 9 in

Roseau County, north along CSAH 9 to STH 11, west along STH 11 to STH

310, and north along STH 310 to the Manitoba border.

Four Goose Zone - That portion of the state encompassed by a line

extending north from the Iowa border along U.S. Interstate Highway 35

to the south boundary of the Twin Cities Metropolitan Canada Goose

Zone, then west and north along the boundary of the Twin Cities

Metropolitan Canada Goose Zone to U.S. Interstate 94, then west and

north on U.S. Interstate 94 to the North Dakota border.

Two Goose Zone - That portion of the state to the north of a line

extending east from the North Dakota border along U.S. Interstate 94 to

the boundary of the Twin Cities Metropolitan Canada Goose Zone, then

north and east along the Twin Cities Metropolitan Canada Goose Zone

boundary to the Wisconsin border, except the Northwest Goose Zone and

that portion of the State encompassed by a line extending north from

the Iowa border along U.S. Interstate 35 to the south boundary of the

Twin Cities Metropolitan Canada Goose Zone, then east on the Twin Cites

Metropolitan Canada Goose Zone boundary to the Wisconsin border.

Tennessee

Middle Tennessee Zone - Those portions of Houston, Humphreys,

Montgomery, Perry, and Wayne Counties east of State Highway 13; and

Bedford, Cannon, Cheatham, Coffee, Davidson, Dickson, Franklin, Giles,

Hickman, Lawrence, Lewis, Lincoln, Macon, Marshall, Maury, Moore,

Robertson, Rutherford, Smith, Sumner, Trousdale, Williamson, and Wilson

Counties.

[[Page 45847]]

Cumberland Plateau Zone - Bledsoe, Bradley, Clay, Cumberland,

Dekalb, Fentress, Grundy, Hamilton, Jackson, Marion, McMinn, Meigs,

Morgan, Overton, Pickett, Polk, Putnam, Rhea, Roane, Scott, Sequatchie,

Van Buren, Warren, and White Counties.

East Tennessee Zone - Anderson, Blount, Campbell, Carter,

Claiborne, Cocke, Grainger, Greene, Hamblen, Hancock, Hawkins,

Jefferson, Johnson, Knox, Loudon, Monroe, Sevier, Sullivan, Unicoi,

Union, and Washington Counties.

Wisconsin

Early-Season Subzone A - That portion of the State encompassed by a

line beginning at the Lake Michigan shore in Sheboygan, then west along

State Highway 23 to State 67, southerly along State 67 to County

Highway E in Sheboygan County, southerly along County E to State 28,

south and west along State 28 to U.S. Highway 41, southerly along U.S.

41 to State 33, westerly along State 33 to County Highway U in

Washington County, southerly along County U to County N, southeasterly

along County N to State 60, westerly along State 60 to County Highway P

in Dodge County, southerly along County P to County O, westerly along

County O to State 109, south and west along State 109 to State 26,

southerly along State 26 to U.S. 12, southerly along U.S. 12 to State

89, southerly along State 89 to U.S. 14, southerly along U.S. 14 to the

Illinois border, east along the Illinois border to the Michigan border

in Lake Michigan, north along the Michigan border in Lake Michigan to a

point directly east of State 23 in Sheboygan, then west along that line

to the point of beginning on the Lake Michigan shore in Sheboygan.

Early-Season Subzone B - That portion of the State between Early-

Season Subzone A and a line beginning at the intersection of U.S.

Highway 141 and the Michigan border near Niagara, then south along U.S.

141 to State Highway 22, west and southwest along State 22 to U.S. 45,

south along U.S. 45 to State 22, west and south along State 22 to State

110, south along State 110 to U.S. 10, south along U.S. 10 to State 49,

south along State 49 to State 23, west along State 23 to State 73,

south along State 73 to State 60, west along State 60 to State 23,

south along State 23 to State 11, east along State 11 to State 78, then

south along State 78 to the Illinois border.

Central Flyway

South Dakota

Unit A - Deuel, Hamlin, Codington, and Day Counties.

Unit B - Brookings, Clark, Kingsbury, and Lake Counties and those

portions of Moody County west of I-29 and Miner County east of SD

Highway 25.

Pacific Flyway

Idaho

East Zone - Bonneville, Caribou, Fremont and Teton Counties.

Oregon

Northwest Zone - Benton, Clackamas, Clatsop, Columbia, Lane,

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

Yamhill Counties.

Southwest Zone - Coos, Curry, Douglas, Jackson, Josephine, and

Klamath Counties.

East Zone - Baker, Gilliam, Malheur, Morrow, Sherman, Umatilla,

Union and Wasco Counties.

Washington

Southwest Zone - Clark, Cowlitz, Pacific, and Wahkiakum Counties.

East Zone - Asotin, Benton, Columbia, Garfield, Klickitat, and

Whitman Counties.

Wyoming

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

regulations.

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

regulations.

Farson-Edon Area - Those portions of Sweetwater and Sublette

Counties described in State regulations.

Teton Area - Those portions of Teton County described in State

regulations.

Ducks

Mississippi Flyway

Iowa

North Zone: That portion of the State north of a line extending

east from the Nebraska border along State Highway 175 to State 37,

southeast along State 37 to U.S. Highway 59, south along U.S. 59 to

Interstate Highway 80, then east along I-80 to the Illinois border.

South Zone: The remainder of Iowa.

Sandhill Cranes

Central Flyway

Colorado

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

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

Mineral, Rio Grande and Saguache Counties east of the Continental

Divide) and North Park (Jackson County).

Kansas

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

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

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

New Mexico

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

and Roosevelt Counties.

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

Mexico in Socorro and Valencia Counties.

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

Oklahoma

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

Texas

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

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

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

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

Oklahoma border.

North Dakota

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

281.

South Dakota

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

281.

Montana

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

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

Wyoming

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

Laramie, Niobrara, Platte, and Weston Counties.

Riverton-Boysen Unit - Portions of Fremont County.

Park and Bighorn County Unit - Portions of Park and Bighorn

Counties.

Pacific Flyway

Arizona

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

Montana

Special-Season Area - See State regulations.

Utah

Special-Season Area - Rich County.

Wyoming

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

regulations.

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

regulations.

Eden-Farson Area - Those portions of Sweetwater and Sublette

Counties described in State regulations.

All Migratory Game Birds in Alaska

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

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

- Unimak Island only.

[[Page 45848]]

Southeast Zone - State Game Management Units 1-4.

Pribilof and Aleutian Islands Zone - State Game Management Unit 10

- except Unimak Island.

Kodiak Zone - State Game Management Unit 8.

All Migratory Birds in the Virgin Islands

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

Croix.

All Migratory Birds in Puerto Rico

Municipality of Culebra Closure Area - All of the municipality of

Culebra.

Desecheo Island Closure Area - All of Desecheo Island.

Mona Island Closure Area - All of Mona Island.

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

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

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

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

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

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

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

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

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

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

Boundary whether private or public.

Cidra Municipality and adjacent areas - All of Cidra Municipality

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

Municipalities as encompassed within the following boundary: beginning

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

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

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

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

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

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

of beginning.

[FR Doc. 96-22187 Filed 8-28-96; 8:45 am]

BILLING CODE 4310-55-F