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

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Part IV

Department of the Interior

_______________________________________________________________________

Fish and Wildlife Service

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50 CFR Part 20

Migratory Bird Hunting; Proposed Frameworks for Early-Season Migratory

Bird Hunting Regulations; Proposed Rule

Proposed Rules

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AC79

Migratory Bird Hunting; Proposed Frameworks for Early-Season

Migratory Bird Hunting Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; Supplemental.

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

proposing to establish the 1995-96 early-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 maximum number of birds that may be taken and possessed in

early seasons. These frameworks are necessary to allow State selections

of final seasons and limits and to allow recreational harvest at levels

compatible with population status and habitat conditions.

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

on July 31, 1995; and for late-season proposals on September 4, 1995. A

public hearing on late-season regulations will be held on August 3,

1995, starting at 9 a.m.

y to allow State selections

of final seasons and limits and to allow recreational harvest at levels

compatible with population status and habitat conditions.

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

on July 31, 1995; and for late-season proposals on September 4, 1995. A

public hearing on late-season regulations will be held on August 3,

1995, starting at 9 a.m.

ADDRESSES: The August 3 public hearing will be held in the Auditorium

of the Department of the Interior Building, 1849 C Street, NW.,

Washington, DC. Written comments on these proposals and notice of

intention to participate in the late-season hearing should be sent in

writing to the Chief, Office of Migratory Bird Management, U.S. Fish

and Wildlife Service, room 634--Arlington Square, 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, (703) 358-

1714.

SUPPLEMENTARY INFORMATION:

Regulations Schedule for 1995

On March 24, 1995, the Service published for public comment in the

Federal Register (60 FR 15642) a proposal to amend 50 CFR part 20.

Comment periods were specified to end June 21 and September 4, 1995,

respectively. Due to some unforeseen and uncontrollable publishing

delays in the proposed early-season regulations framworks, the Service

has extended the public comment period to July 31, 1995. On June 16,

1995, the Service published for public comment a second document (60 FR

31890) which provided supplemental proposals for early- and late-season

migratory bird hunting regulations frameworks.

On June 22, 1995, a public hearing was held in Washington, DC, as

announced in the March 24 and June 16 Federal Registers to review the

status of migratory shore and upland game birds

, 1995. On June 16,

1995, the Service published for public comment a second document (60 FR

31890) which provided supplemental proposals for early- and late-season

migratory bird hunting regulations frameworks.

On June 22, 1995, a public hearing was held in Washington, DC, as

announced in the March 24 and June 16 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.

This document is the third in a series of proposed, supplemental,

and final rulemaking documents for migratory bird hunting regulations

and deals specifically with proposed frameworks for early-season

regulations. It will lead to final frameworks from which States may

select season dates, shooting hours, and daily bag and possession

limits for the 1995-96 season. All pertinent comments received through

June 22, 1995, have been considered in developing this document. In

addition, new proposals for certain early-season regulations are

provided for public comment. Comment periods are specified above under

DATES. Final regulatory frameworks for early seasons are scheduled for

publication in the Federal Register on or about August 16, 1995.

This supplemental proposed rulemaking consolidates further changes

in the original framework proposals published in the March 24 Federal

in this document are based on the most current information available

about the status of waterfowl populations and habitat conditions on the

breeding grounds.

Presentations at Public Hearing

supplemental proposed rulemaking consolidates further changes

in the original framework proposals published in the March 24 Federal

in this document are based on the most current information available

about the status of waterfowl populations and habitat conditions on the

breeding grounds.

Presentations at Public Hearing

Four Service employees presented reports on the status of various

migratory bird species for which early hunting seasons are being

proposed. These reports are briefly reviewed as a matter of public

information.

Dr. John Bruggink, Eastern Shore and Upland Game Bird Specialist,

reported on the 1995 status of American woodcock. The 1994 recruitment

index for the Eastern Region (1.4 immatures per adult female) was 17.6%

below the long-term regional average; the recruitment index for the

Central Region (1.5 immatures per adult female) was 11.8% below the

long-term regional average. Daily hunting success in the Eastern Region

decreased from 1.4 woodcock bagged per hunter in 1993 to 1.2 woodcock

bagged per hunter in 1994 (-14.3%). The seasonal hunting success index

decreased from 6.7 to 5.9 woodcock per hunter (-11.9%). In the Central

Region, the daily success index decreased from 1.6 birds per hunter in

1993 to 1.4 birds per hunter in 1994 (-12.5%), and the seasonal success

index decreased from 10.0 to 8.7 (-13.0%) woodcock bagged per hunter.

Analysis of Singing-ground Survey data indicated that the number of

displaying woodcock may have increased between 1994 and 1995 in the

Eastern and Central regions (6.9 and 5.6%, respectively). Eleven-year

(1985-95) trends from the Singing-ground Survey were negative (-2.0%

and -2.8% per year for the Eastern and Central regions, respectively).

There were long-term (1968-95) declines of 2.4% per year in the Eastern

Region and 1.4% per year in the Central Region.

ying woodcock may have increased between 1994 and 1995 in the

Eastern and Central regions (6.9 and 5.6%, respectively). Eleven-year

(1985-95) trends from the Singing-ground Survey were negative (-2.0%

and -2.8% per year for the Eastern and Central regions, respectively).

There were long-term (1968-95) declines of 2.4% per year in the Eastern

Region and 1.4% per year in the Central Region.

Mr. David Dolton, Western Shore and Upland Game Bird Specialist,

presented the status of the mourning dove population in 1995. The

report summarized call-count information gathered over the past 30

years. Trends were calculated for the most recent 2 and 10-year

intervals and for the entire 30-year period. Between 1994 and 1995, the

average number of doves heard per route declined significantly in the

Central Management Unit, but did not change significantly in the

Eastern or Western Units. No significant trend was found in doves heard

in the Eastern or Central Units for either the 10 or 30-year time

frames. In the Western Unit, no trend was evident over the most recent

10 years, but there has been a significant decline over 30 years.

Trends for doves seen at the unit level over the 10 and 30-year periods

agreed with trends for doves heard.

Mr. Dolton also presented the status of western white-winged doves

in Arizona. Since the 1980s, whitewing numbers have remained relatively

stable. The 1995 whitewing call-count index of 31.2 doves heard per

route was 16 percent above the index in 1994. The harvest has been

around 100,000 since 1987. In 1994, an estimated 122,000 birds were

harvested.

Mr. Dolton then reported on the status of eastern white-winged

doves and white-tipped doves in Texas. Results of the 1994 whitewing

call-count survey indicate 440,000 birds were nesting in the Lower Rio

Grande Valley Counties of Starr, Hidalgo, Cameron, and Willacy. This is

a 28 percent decrease from 1994, but 7.3 percent above the average

count of 410,200 for the previous 10 years

arvested.

Mr. Dolton then reported on the status of eastern white-winged

doves and white-tipped doves in Texas. Results of the 1994 whitewing

call-count survey indicate 440,000 birds were nesting in the Lower Rio

Grande Valley Counties of Starr, Hidalgo, Cameron, and Willacy. This is

a 28 percent decrease from 1994, but 7.3 percent above the average

count of 410,200 for the previous 10 years. In Upper South Texas, an

estimated 625,000 whitewings were nesting throughout a 19-county area.

This is an 8 percent increase over last year's

population and marks the seventh year of a rapidly expanding population

in this portion of the State. West Texas supports a small population of

whitewings. The 1995 estimate of 15,700 birds was 7 percent below the

1994 estimate. For white-tipped doves, an average of 0.78 birds were

heard per stop in both brush and citrus locations in 1995.

Finally, Mr. Dolton presented population and harvest information on

band-tailed pigeons. Band-tailed pigeons are managed as two separate

and distinct populations: the Coastal Population (Washington, Oregon,

California, and Nevada) and the Four-corners or Interior Population

(Utah, Colorado, Arizona, and New Mexico). For the Coastal Population,

the Breeding Bird Survey (BBS) indicates that there was a significant

decline between 1968 and 1994. However, the population apparently has

stabilized in the 10 years from 1985 to 1994. Mineral spring counts

conducted in Oregon suggest that bandtails had two precipitous declines

(in 1973 and again in 1985). Since 1985, these counts indicate that the

population gradually has been increasing, but it remains at a lower

level than during the 1970s. Counts at these selected springs in 1994

showed a 73 percent increase in pigeon use over 1993. Washington's

call-count has shown a nonsignificant decline in the population from

1975-94. A significant population increase of 71 percent was found

between 1993 and 1994

these counts indicate that the

population gradually has been increasing, but it remains at a lower

level than during the 1970s. Counts at these selected springs in 1994

showed a 73 percent increase in pigeon use over 1993. Washington's

call-count has shown a nonsignificant decline in the population from

1975-94. A significant population increase of 71 percent was found

between 1993 and 1994. Two indirect population estimates suggest that

overall bandtail numbers were between 2.4 and 3.1 million birds in

1992. With bag limits and season length continuing to be restricted, a

harvest in 1994 of 5,226 pigeons was estimated for Oregon while a

harvest of 11,500 was estimated for California in 1993. Neither

Washington nor British Columbia chose to open a bandtail season in

1994. In the Four-corners area, BBS data showed a stable population

between 1968 and 1994. The combined harvest for all four States in 1994

was 828 birds.

Dr. Jim Dubovsky, Waterfowl Specialist, presented information on

1995 habitat conditions for waterfowl and preliminary estimates of

blue-winged teal abundance and harvests. Across most of the

northcentral United States and eastern portions of the prairie

provinces in Canada, habitat conditions for nesting ducks generally

were good to excellent. Abundant water existed in basins and fields,

and land managed in conservation easements in the United States

continued to provide good nesting cover. In contrast, western portions

of the Canadian provinces were extremely dry, and nesting habitats

worsened relative to recent years. The pond estimate for the

northcentral United States and prairie Canada combined was 6.3 million.

This was the highest estimate since 1979, and was 38% above the long-

term average.

The 1995 May breeding population survey yielded an estimate of 5.1

million blue-winged teal, which is similar to the 1994 estimate of 4.6

million, but 23% above the long-term average

ened relative to recent years. The pond estimate for the

northcentral United States and prairie Canada combined was 6.3 million.

This was the highest estimate since 1979, and was 38% above the long-

term average.

The 1995 May breeding population survey yielded an estimate of 5.1

million blue-winged teal, which is similar to the 1994 estimate of 4.6

million, but 23% above the long-term average. The estimated harvest of

blue-winged teal during the 1994 September teal season was

approximately 272,000 birds, which was 63% higher than that which

occurred during the last two teal seasons. However, the 1994 harvest

was comparable to historic estimates. The combined special and regular

season harvest of all teal last year was 1.4 million, a figure 30%

higher than that of recent years, but substantially lower than levels

from the 1970s and early 1980s. Harvest rates of blue-winged teal

during 1994-95 remained low and were similar to or lower than those

which occurred historically.

Mr. David Sharp, Central Flyway Representative, reported on the

status and harvests of sandhill cranes. The Mid-Continent Population

appears to have stabilized following dramatic increases in the early

1980s. The preliminary 1995 spring index for the Central Platte River

Valley, uncorrected for visibility, was 284,800. This index is

significantly lower (-30 percent) than the previous year's index of

395,500. However, the photo-corrected 3-year average for the 1991-93

period was 420,866, which was 12 percent above the previous year's 3-

year running average and within the established population-objective

range of 343,000-465,000 cranes. All Central Flyway States, except

Nebraska, elected to allow crane hunting in portions of their

respective States in 1994-95; about 19,400 Federal permits were issued

and approximately 7,400 permittees hunted one or more times. The number

of permittees and active hunters were similar to the previous year's

seasons

d within the established population-objective

range of 343,000-465,000 cranes. All Central Flyway States, except

Nebraska, elected to allow crane hunting in portions of their

respective States in 1994-95; about 19,400 Federal permits were issued

and approximately 7,400 permittees hunted one or more times. The number

of permittees and active hunters were similar to the previous year's

seasons. About 17,300 cranes were harvested in 1994-95, a 4 percent

decrease from the previous year's estimate. Harvest information from

Alaska, Canada and Mexico are not yet available, but collectively are

believed to be about 7,000 during the 1994-95 sport hunting seasons.

The total North American sport harvest was estimated to be about

30,000, which is similar to last year's estimate(-4 percent) and near

(-7 percent) the all time high recorded in 1990. Annual surveys of the

Rocky Mountain Population, which migrates through the San Luis Valley

of Colorado in March, suggest that the population has been relatively

stable since 1984. The 1995 index of 20,200 cranes was within the

established objective range of 18,000-22,000. Limited special seasons

were held during 1994 in portions of Arizona, Montana, New Mexico,

Utah, and Wyoming, and resulted in an estimated harvest of 671 cranes.

Comments Received at Public Hearing

Ms. Susan Hagood, representing the Humane Society of the U.S.,

expressed concern about the continuation of seasons on species for

which we have little population data. She recommended very restrictive

or closed seasons on sea ducks and opposed rapidly increasing bag

limits on any species with only one year of data. She further suggested

that bag limits on common moorhens, snipe, and gallinules were

excessive and encouraged ``target shooting.'' She maintained that the

opening of hunting seasons in Alaska should be delayed at least two

weeks to allow birds to leave their natal areas. Further, she urged the

Service to disallow pre-sunrise shooting.

Mr. Charles D

the success of cooperative management programs such

as those under the North American Waterfowl Management Plan.

Mr. Vandel then reviewed several recommendations that were passed

by the Central Flyway Council. With respect to early season issues, he

supported the request to expand the open area for the hunting of Rocky

Mountain sandhill cranes in Wyoming and recommended that no other

changes

be made in Central Flyway hunting regulations. He indicated that a

recently completed shooting hours report had been submitted as

requested by the Service, and encouraged the Mississippi Flyway to also

complete their report. He supported the use of Adaptive Harvest

Management for duck harvest management in 1995 and indicated that this

process was the result of good biology. He supported the use of

flexible opening and closing framework dates for duck hunting and he

indicated that the Service's policy on the use of zones and split

seasons needed to be reviewed with the Flyway prior to next year's open

season. He also supported the use of the point system in determining

daily bag limits for ducks, and he indicated that the Flyway would work

with the Service in identification of additional opportunities for the

hunting of blue-winged teal and redheads. He noted that the Flyway had

considered recent recommendations from a review of the Flyway Council

system and would provide comment during this fall's meeting of the

International Association of Fish and Wildlife Agencies. Regarding the

Memorandum of Understanding (MOU) for Flyway Consultants, he indicated

that the Central Flyway Council had forwarded copies of proposed

changes in the MOU and encouraged the Service to continue working with

the other Flyway Councils in completing necessary revisions. Finally,

he indicated that the Central Flyway Council will consider the issue of

compensatory days for Sunday hunting for this year's late-season

meetings.

Written Comments Received

, he indicated

that the Central Flyway Council had forwarded copies of proposed

changes in the MOU and encouraged the Service to continue working with

the other Flyway Councils in completing necessary revisions. Finally,

he indicated that the Central Flyway Council will consider the issue of

compensatory days for Sunday hunting for this year's late-season

meetings.

Written Comments Received

The preliminary proposed rulemaking, which appeared in the March 24

Federal Register, opened the public comment period for migratory game

bird hunting regulations. As of June 22, 1995, the Service had received

15 comments; 4 of these specifically addressed early-season issues.

These early-season comments are summarized below and numbered in the

order used in the March 24 Federal Register. Only the numbered items

pertaining to early seasons for which written comments were received

are included. The Service received recommendations from all four Flyway

Councils. Some recommendations supported continuation of last year's

frameworks. Due to the comprehensive nature of the annual review of the

frameworks performed by the Councils, support for continuation of last

year's frameworks is also assumed for items for which no

recommendations were received. Council recommendations for changes in

the frameworks are summarized below.

1. Ducks

The categories used to discuss issues related to duck harvest

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

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

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

those categories containing substantial recommendations are included

below.

G. Special Seasons/Species Management

ii. September Teal Seasons

Council Recommendations: The Central Flyway Council recommended

that the September teal season in the Central Flyway be increased from

9 to 16 days

Seasons, (E) Bag Limits, (F) Zones

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

those categories containing substantial recommendations are included

below.

G. Special Seasons/Species Management

ii. September Teal Seasons

Council Recommendations: The Central Flyway Council recommended

that the September teal season in the Central Flyway be increased from

9 to 16 days.

Written Comments: An individual from Texas expressed support for

the Central Flyway's recommendation to expand the teal season to 16

days. Stating that the early teal season is important for Texas hunter

opportunities, he believed that the season could be expanded without

harm to the resource.

Service Response: A body of information exists regarding September

teal seasons as currently structured; however, there is little

information to address the potential impacts of 7 days added to the

current season. 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 containing study objectives, experimental

design, decision criteria, and identification of data needs. The

Central Flyway's proposal does not contain such a plan and is therefore

inconsistent with SEIS 88. Any large-scale expansion of the September

teal season, such as that recommended by the Central Flyway Council,

likely will require a complete evaluation of the entire season in all

areas where the teal season is currently offered. Future consideration

by the Service of such a proposal, and accompanying evaluation plan,

will also include a review of manpower and funding requirements as well

as priority ranking relative to other proposals and programs.

4. Canada Geese

ded by the Central Flyway Council,

likely will require a complete evaluation of the entire season in all

areas where the teal season is currently offered. Future consideration

by the Service of such a proposal, and accompanying evaluation plan,

will also include a review of manpower and funding requirements as well

as priority ranking relative to other proposals and programs.

4. Canada Geese

A. Special Seasons

Council Recommendations: The Atlantic Flyway Council recommended

that Delaware and Rhode Island be permitted to initiate a 3-year

experimental resident Canada goose season with framework dates of

September 1 to 15.

The Atlantic Flyway Council also recommended that Massachusetts,

New Jersey, New York, North Carolina, Pennsylvania, and Virginia be

permitted to expand the hunt areas of their experimental goose seasons.

In North Carolina, the Atlantic Flyway Council requested that the

framework date for the experimental resident Canada goose season in the

Northeast hunt area be September 1 to 20.

The Upper-Region Regulations Committee of the Mississippi Flyway

Council recommended modification of the early Canada goose season

criteria to allow any State to conduct a non-experimental special

season between the dates of September 1 and 15. The Committee

recommended that States continue monitoring hunter activity and success

until they begin participation in the Harvest Information Program and

close areas where evidence from band recoveries or other sources

indicated unacceptable (greater than 10 percent) harvest of non-target

populations of concern. Special seasons occurring after September 15

would be required to meet all existing Service criteria for special

resident Canada goose seasons and would not be altered in any way

during the 3-year experimental period

ation Program and

close areas where evidence from band recoveries or other sources

indicated unacceptable (greater than 10 percent) harvest of non-target

populations of concern. Special seasons occurring after September 15

would be required to meet all existing Service criteria for special

resident Canada goose seasons and would not be altered in any way

during the 3-year experimental period.

If the above modifications to the special-season criteria are not

approved, the Upper-Region Regulations Committee recommended the

following experimental special seasons:

In Indiana, a Statewide season during September 1 to 15.

In Illinois, a season in the nine northeast counties of the State

during September 9 to 18.

In Wisconsin, expand the size of the Southeastern Zone for a

September 1 to 13 season.

The Lower-Region Regulations Committee of the Mississippi Flyway

Council recommended that the flyway-wide framework for special resident

giant Canada goose seasons be September 1 to 15 where areas of concern

do not exist.

In Tennessee, the Lower-Region Regulations Committee of the

Mississippi Flyway Council recommended that the zone for the special

resident Canada goose season in east Tennessee be expanded from 11 to

28 counties, east of and including Anderson, Campbell, Hamilton, Rhea,

and Roane Counties. The Committee also recommended that Tennessee be

permitted to hold a special September

Canada goose season in the Kentucky/Barkley Lakes Zone in west

Tennessee.

The Pacific Flyway Council requested modification of the early

Canada goose seasons criteria to allow any State to conduct a season

between the dates of September 1 and 15 for a 3-year experimental

period. The Council recommended that States continue monitoring hunter

activity and success until they begin participation in the Harvest

Information Program and close areas where evidence from band recoveries

or other sources indicated unacceptable (greater than 10 percent)

harvest of non-target populations of concern

season

between the dates of September 1 and 15 for a 3-year experimental

period. The Council recommended that States continue monitoring hunter

activity and success until they begin participation in the Harvest

Information Program and close areas where evidence from band recoveries

or other sources indicated unacceptable (greater than 10 percent)

harvest of non-target populations of concern. Special seasons occurring

after September 15 would be required to meet all existing Service

criteria for special Canada goose seasons and would not be altered in

any way during the 3-year experimental period.

The Pacific Flyway Council recommended continuation of the early

September Canada goose season in southwestern Wyoming and that an

experimental hunt be allowed in Teton County, Wyoming, where it would

be by State permit (no more than 40 permits may be issued) with

framework dates of September 1 to 15 and a maximum limit of 2 Canada

geese permitted per season.

Written Comments: The Illinois Department of Conservation supported

the Service's proposal to allow September 1 to 15 Canada goose seasons

without requiring the data collection necessary under the Service's

special Canada goose season criteria. They noted that this would free

States from the constraints of gathering data, which can be difficult

and expensive to obtain, and would allow greater management

flexibility. Further, believing that the lack of harvest of migrants

during these special seasons has been documented, they stated that

these special seasons are an important component of their urban/

suburban goose programs

riteria. They noted that this would free

States from the constraints of gathering data, which can be difficult

and expensive to obtain, and would allow greater management

flexibility. Further, believing that the lack of harvest of migrants

during these special seasons has been documented, they stated that

these special seasons are an important component of their urban/

suburban goose programs.

Service Response: The Service has reviewed the existing information

from experimental special early Canada goose seasons and has concluded

that the proposed modifications will meet the established criteria

while reducing the cost and administrative burden of these seasons;

however, the Service reaffirms its previously stated commitment to

target these special seasons at locally breeding and/or nuisance Canada

goose populations that nest primarily in the conterminous United

States. The Service proposes to modify the criteria for special Canada

goose seasons to permit States to chose one of two options for these

special seasons:

Option 1: States (except Alaska and Hawaii) may hold a special

early Canada goose season of up to 15 days between the dates of

September 1 and September 15. Such a season must receive Flyway Council

endorsement prior to the establishment of federal frameworks, and

States must agree to close any areas to hunting where evidence from

band recoveries or other sources indicates unacceptable (greater than

10%) harvest of non-target populations during the special season. The

Counties of Tuscola, Huron and Saginaw in Michigan are not eligible for

this option because evidence of excessively high harvests of Southern

James Bay Canada geese was obtained in a previous experimental

evaluation. Additionally, because of evidence suggesting early-arriving

migrant Canada geese, the special early Canada goose season in the

Upper Peninsula of Michigan cannot extend beyond September 10

f Tuscola, Huron and Saginaw in Michigan are not eligible for

this option because evidence of excessively high harvests of Southern

James Bay Canada geese was obtained in a previous experimental

evaluation. Additionally, because of evidence suggesting early-arriving

migrant Canada geese, the special early Canada goose season in the

Upper Peninsula of Michigan cannot extend beyond September 10.

Option 2: States may hold a special early Canada goose season that

would include dates after September 15, except in those areas

identified in Option 1. Such a season would be subject to all data-

gathering, monitoring and reporting requirements in the special-season

criteria. Additionally, such a season would not be subject to any

modification during the experimental period.

The Service also proposes that when the criteria for special Canada

goose seasons are modified, no additional modifications will be

considered for at least five years, to allow sufficient time for

evaluation of cumulative impacts.

The special-season criteria, including the modifications indicated

above, are shown below:

Criteria for Special Canada Goose Seasons

1. States may hold special Canada goose seasons, in addition to

their regular seasons, for the purpose of controlling local breeding

populations or nuisance geese. These seasons are to be directed only at

Canada goose populations that nest primarily in the conterminous United

States and must target a specific population of Canada geese. The

harvest of nontarget Canada geese must not exceed 10 percent of the

special-season harvest during early seasons or 20 percent during late

seasons. More restrictive proportions may apply in instances where a

nontarget Canada goose population of special concern is involved.

2. Early seasons must be held prior to the regular season.

3. Late seasons must be held after the regular season but no later

than February 15.

4. The daily bag and possession limits may be no more than 5 and 10

Canada geese, respectively.

ent during late

seasons. More restrictive proportions may apply in instances where a

nontarget Canada goose population of special concern is involved.

2. Early seasons must be held prior to the regular season.

3. Late seasons must be held after the regular season but no later

than February 15.

4. The daily bag and possession limits may be no more than 5 and 10

Canada geese, respectively.

5. The area(s) open to hunting will be described in State

regulations.

6. For seasons that include hunting days after September 15:

A. All seasons will be conducted under a specific Memorandum of

Agreement (Agreement). Provisions for discontinuing, extending, or

modifying the seasons will be included in the Agreement.

B. All seasons initially will be considered experimental. The

evaluation required of the State will be incorporated into the

Agreement and will include at least the following:

(a) Conduct neck-collar observations (where appropriate) and

population surveys beginning at least 2 years prior to the requested

season and continuing during the experiment.

(b) Determine derivation of neck-collar codes and/or leg-band

recoveries from observations and harvested geese.

where appropriate, to ascertain probable source population(s) of the

harvest.

(d) Analyze relevant band-recovery data.

(e) Estimate hunter activity and harvest.

(f) Prepare annual and final reports of the experiment.

C. If the results of the evaluation warrant continuation of the

season beyond the experimental period, the State will continue to

estimate hunter activity and harvest for all areas, including those

areas where seasons do not extend beyond September 15, and report these

to the Service annually until the State begins participating in the

Harvest Information Program.

7. All special seasons will be subject to periodic re-evaluation

when circumstances or special situations warrant.

imental period, the State will continue to

estimate hunter activity and harvest for all areas, including those

areas where seasons do not extend beyond September 15, and report these

to the Service annually until the State begins participating in the

Harvest Information Program.

7. All special seasons will be subject to periodic re-evaluation

when circumstances or special situations warrant.

B. Regular Seasons

The Service stated in the March 24, 1995, Federal Register, that it

was reviewing the population status of the Atlantic Population of

Canada geese and was conducting an assessment of the past 3 years of

harvest reduction to determine whether additional harvest restrictions

were necessary. Based on preliminary information from the recently

completed spring breeding survey, the Service now believes that further

harvest reduction is needed to reverse the downward trend in this

population and increase the numbers of breeding pairs. The Service will

work cooperatively with the Atlantic Flyway Council to modify the

existing regulations and develop appropriate new season frameworks.

9. Sandhill Cranes

Council Recommendations: The Pacific Flyway Council recommended

following the management plan with

respect to seasons on the Rocky Mountain Population of greater sandhill

cranes. Pending final results of the March 1995 survey which should be

available in June 1995, harvest guidelines would allow an open season

in the States of Arizona, Colorado, Idaho, Montana, New Mexico, Utah,

and Wyoming if the population is above 16,000 cranes; otherwise, there

would be no open season. With an open season, there would be no change

in frameworks.

14. Woodcock

ter sandhill

cranes. Pending final results of the March 1995 survey which should be

available in June 1995, harvest guidelines would allow an open season

in the States of Arizona, Colorado, Idaho, Montana, New Mexico, Utah,

and Wyoming if the population is above 16,000 cranes; otherwise, there

would be no open season. With an open season, there would be no change

in frameworks.

14. Woodcock

Council Recommendations: The Atlantic Flyway Council recommended

that woodcock season frameworks remain unchanged in the Eastern Region

for 1995-96 unless adverse weather substantially depresses the breeding

populations as measured by the 1995 Singing Ground Survey. The Council

believes that population declines are attributed to habitat loss and

degradation rather than due to current harvest levels.

Written Comments: The Pennsylvania Game Commission recommended that

the Service and Flyway Councils develop a harvest management strategy

for woodcock in which specific population objectives are identified

that would require further harvest restrictions. They also are

anticipating a more comprehensive analysis of the woodcock harvest when

the Service's Harvest Information Program becomes fully operational.

18. Alaska

Council Recommendations: The Pacific Flyway Council recommended

changes in bag and possession limits for ducks in Alaska. Specifically,

the Council requested the following bag and possession limits for the

two Alaska framework sets of restrictive and moderate/liberal,

respectively: North Zone 8/24 or 10/30, Gulf Coast Zone 6/18 or 8/24,

and Southeast, Pribilof/Aleutian, and Kodiak zones 5/15 or 7/21; and

canvasback limits 2/4. Sea duck limits of 15/30 would be separate, with

seasons to remain closed on spectacled and Steller's eiders

cil requested the following bag and possession limits for the

two Alaska framework sets of restrictive and moderate/liberal,

respectively: North Zone 8/24 or 10/30, Gulf Coast Zone 6/18 or 8/24,

and Southeast, Pribilof/Aleutian, and Kodiak zones 5/15 or 7/21; and

canvasback limits 2/4. Sea duck limits of 15/30 would be separate, with

seasons to remain closed on spectacled and Steller's eiders.

Service Response: With the exceptions of canvasback, the Service

agrees with the Council's recommendation and proposes to increase daily

bag limits to 7 ducks in the Southeast, Pribilof/Aleutian, and Kodiak

Zones, 8 ducks in the Gulf Coast Zone, and 10 ducks in the North Zone.

Increases would be consistent with the moderate and liberal packages

proposed under adaptive harvest management this year, and would return

Alaska to the basic limits prevailing prior to restrictions initiated

in 1988. Duck breeding populations in Alaska-Yukon during 1995 were

above the 1955-94 average by 99 percent for mallards, 90 percent for

wigeon, 247 percent for green-winged teal, 164 percent for shovelers,

and 896 percent for pintails.

Regarding the canvasback bag limit, the Service believes that

harvest management of this species in Alaska and in all Flyways should

adhere to the harvest strategy that was employed in 1994, which calls

for annually assessing several population parameters, including

estimated breeding population, habitat conditions, and harvest. Based

on current population levels, expected production, and both last year's

and this year's projected harvest estimates, the Service believes that

a season in all Flyways and Alaska, with a 1-bird daily bag limit, is

warranted.

20. Puerto Rico

n 1994, which calls

for annually assessing several population parameters, including

estimated breeding population, habitat conditions, and harvest. Based

on current population levels, expected production, and both last year's

and this year's projected harvest estimates, the Service believes that

a season in all Flyways and Alaska, with a 1-bird daily bag limit, is

warranted.

20. Puerto Rico

Written Comments: Puerto Rico recommended that the daily bag limit

for ducks be increased from 3 to 4 birds and that the daily bag limit

for snipe be increased from 6 to 8 birds. This recommendation was

further modified during the Service Regulations Committee meeting when

the Puerto Rico representative requested a desire to have Puerto Rico's

regulations be consistent with the Atlantic Flyway.

Service Response: The Service agrees with Puerto Rico's request to

make duck and snipe daily bag limits consistent with those proposed for

the Atlantic Flyway.

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 solicits 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

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 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

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, room 634, Arlington Square,

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 substantive responses to individual comments may not be

provided.

NEPA Consideration

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

address indicated under the caption ADDRESSES.

Endangered Species Act Consideration

The Division of Endangered Species is completing a biological

opinion on the proposed action. As in the past, hunting regulations

this year will be 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. The

Service's biological opinions resulting

from consultations under Section 7 are considered public documents and

are available for inspection in the Division of Endangered Species

(room 432) and the Office of Migratory Bird Management (room 634),

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

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

Paperwork Reduction Act

biological opinions resulting

from consultations under Section 7 are considered public documents and

are available for inspection in the Division of Endangered Species

(room 432) and the Office of Migratory Bird Management (room 634),

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

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

Paperwork Reduction Act

In the Federal Register dated March 24, 1995 (60 FR 15642), 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 (FRIA), and publication of a summary

of the latter. Although a FRIA is no longer required, the economic

analysis contained in the FRIA was reviewed and the Service determined

that it met the requirements of E.O. 12866. However, the Service is

currently preparing a Small Entity Flexibility Analysis, under the

Regulatory Flexibility Act (5 U.S.C. 601 et seq), to further document

the significant beneficial economic effect on a substantial number of

small entities. This rule was not subject to review by the Office of

Management and Budget (OMB) under E.O. 12866.

These proposed regulations contain no information collections

subject to OMB review under the Paperwork Reduction Act of 1980 (44

U.S.C. 3501 et seq.). However, the Service does utilize information

acquired through other various information collections in the

formulation of migratory game bird hunting regulations. These

information collection requirements have been approved by OMB and

assigned clearance numbers 1018-0005, 1018-0006, 1018-0008, 1018-0009,

1018-0010, 1018-0015, 1018-0019, and 1018-0023.

Authorship

The primary author of this proposed rulemaking is Robert J. Blohm,

Office of Migratory Bird Management.

List of Subjects in 50 CFR Part 20

ulation of migratory game bird hunting regulations. These

information collection requirements have been approved by OMB and

assigned clearance numbers 1018-0005, 1018-0006, 1018-0008, 1018-0009,

1018-0010, 1018-0015, 1018-0019, and 1018-0023.

Authorship

The primary author of this proposed rulemaking 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--d and e--j).

Dated: July 13, 1995.

Robert P. Davison,

Acting Assistant Secretary for Fish and Wildlife and Parks.

Proposed Regulations Frameworks for 1995-96 Early Hunting Seasons

on Certain Migratory Game Birds

Pursuant to the Migratory Bird Treaty Act and delegated

authorities, the Department of the Interior approved the following

proposed frameworks which prescribe season lengths, bag limits,

shooting hours, and outside dates within which States may select for

certain migratory game birds between September 1, 1995, and March 10,

1996.

General

Dates: All outside dates noted below are inclusive.

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

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

Possession Limits: Unless otherwise specified, possession limits

are twice the daily bag limit.

Area, Zone, and Unit Descriptions: Geographic descriptions that

differ from those published in the August 17, 1994, Federal Register

(59 FR 42474) are contained in a later portion of this document.

Special September Teal Season

herwise

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

Possession Limits: Unless otherwise specified, possession limits

are twice the daily bag limit.

Area, Zone, and Unit Descriptions: Geographic descriptions that

differ from those published in the August 17, 1994, Federal Register

(59 FR 42474) 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 23, 1995), with daily bag and possession limits

being the same as those in effect during the 1995 regular duck season.

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

15.

Scoter, Eider, and Oldsquaw Ducks (Atlantic Flyway)

en during the September segment of the season. The September

season segment may commence no earlier than the Saturday nearest

September 20 (September 23, 1995), with daily bag and possession limits

being the same as those in effect during the 1995 regular duck season.

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

15.

Scoter, Eider, and Oldsquaw Ducks (Atlantic Flyway)

Outside Dates: Between September 15 and January 20.

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

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

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

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

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

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

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

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

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

possession limits.

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

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

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

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

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

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

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

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

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

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

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

hunting regulations adopted by the respective States.

Special Early Canada Goose Seasons

Atlantic Flyway

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

by Delaware, Maryland, Massachusetts, New Jersey, New York,

Pennsylvania, Rhode Island, Virginia, West Virginia and portions of

Pennsylvania and North Carolina. 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 may be selected

by North Carolina during September 1-30, Statewide, except that the

season may not exceed 20 days during September 1-20 in the Northeast

Hunt Unit. 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, 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.

Experimental Seasons

Experimental Canada goose seasons may be selected by Illinois,

Minnesota, and Tennessee

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.

Experimental Seasons

Experimental Canada goose seasons may be selected by Illinois,

Minnesota, and Tennessee. Areas open to the hunting of Canada geese

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

hunting regulations.

Outside Dates: September 1-18 in Illinois; September 1-16 in

Minnesota; and September 1-30 in Tennessee.

Season Length: Not to exceed 10 days.

Daily Bag Limits: Not to exceed 5 Canada geese.

Pacific Flyway

General Seasons

Wyoming may select a September season on Canada geese subject to

the following conditions:

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

September portion of the sandhill crane season.

2. Hunting will be by State permit.

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

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

season.

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

Canada geese subject to the following conditions: