38700 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018–AE93

Migratory Bird Hunting; Proposed

Frameworks for Early-Season

Migratory Bird Hunting Regulations

and Regulatory Alternatives for the

1998–99 Duck Hunting Season; Notice

of Meeting

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule; Supplemental.

SUMMARY: The Fish and Wildlife Service

(hereinafter the Service) is proposing to

establish the 1998–99 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. Early

seasons generally open prior to October

1, and include seasons in Alaska,

Hawaii, Puerto Rico, and the Virgin

Islands. 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. This supplement to the

proposed rule also provides the

Service’s regulatory alternatives for the

1998–99 duck hunting season.

DATES: The comment period for

proposed early-season frameworks will

end on July 31, 1998; and for late-season

proposals on September 7, 1998. The

Service will hold a public hearing on

late-season regulations August 6, 1998,

starting at 9 a.m.

ADDRESSES: The Service will hold a

public hearing August 6 in the

Department of the Interior’s South

Auditorium, 1951 Constitution Avenue,

NW., Washington, DC. This hearing was

previously announced in the May 29,

1998 Federal Register (63 FR 29518) as

taking place at the Main Auditorium,

1849 C Street, NW., Washington, DC.

Parties should submit written comments

on these proposals and/or a notice of

intention to participate in the lateseason hearing to the Chief, Office of

Migratory Bird Management (MBMO),

U.S. Fish and Wildlife Service, room

634–Arlington Square, 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, MBMO, U.S. Fish

and Wildlife Service, (703) 358–1714.

SUPPLEMENTARY INFORMATION:

Regulations Schedule for 1998

On March 20, 1998, the Service

published in the Federal Register (63

FR 13748) 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 §§ 20.101 through 20.107,

20.109, and 20.110 of subpart K. On

May 29, 1998, the Service published in

the Federal Register (63 FR 29518) a

second document providing

supplemental proposals for early- and

late-season migratory bird hunting

regulations frameworks and the

proposed regulatory alternatives for the

1998–99 duck hunting season. The May

29 supplement also provided detailed

information on the 1998–99 regulatory

schedule and announced the Service

Migratory Bird Regulations Committee

and Flyway Council meetings.

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 and the

regulatory alternatives for the 1998–99

duck hunting season. It will lead to final

frameworks from which States may

select season dates, shooting hours, and

daily bag and possession limits for the

1998–99 season. The Service has

considered all pertinent comments

received through July 1, 1998, 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. The

Service will publish final regulatory

frameworks for early seasons in the

Federal Register on or about August 21,

1998.

This supplemental proposed

rulemaking consolidates further changes

in the original framework proposals

published in the March 20 Federal

Register. The regulations for early

waterfowl hunting seasons proposed 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

Five Service employees presented

reports on the status of various

migratory bird species for which early

hunting seasons are proposed. These

reports are briefly reviewed below.

Mr. James R. Kelley, Jr., Wildlife

Biologist, Population and Habitat

Assessment Section, provided

preliminary information from the May

Breeding Waterfowl and Habitat survey

conducted each year by the U.S. Fish

and Wildlife Service in conjunction

with the Canadian Wildlife Service and

various State and provincial

cooperators. Estimates of ponds and

duck abundance that were presented are

preliminary and subject to change upon

further verification. Palmer drought

indices for mid to late May indicated a

large area of moderate to severe dryness

in the prairie pothole region, especially

in western and central areas. Moderate

to extreme wetness was indicated in

portions of the eastern Dakotas.

Breeding habitat conditions as

determined by biologists in surveyed

areas indicate substantial changes from

1997. In Alaska, there was very little

flooding associated with ice break-up

this spring, which will favor waterfowl

production. Eastern and central portions

of Alaska experienced early spring

break-up and production will be good to

excellent. South-central and western

tundra areas had a cool wet spring and

production should be fair to good.

Throughout much of Canada and the

northern tier of the U.S. spring

conditions arrived up to 2 weeks earlier

than normal and precipitation was

below normal in many regions. Western

prairie pothole and parkland areas, as

well as Montana, experienced fair to

poor habitat conditions, which is a

major deterioration from last year’s

favorable conditions. Numerous forest

fires persisted throughout much of May

in northern parkland regions of western

Canada. Fair to poor conditions

extended into southern Manitoba.

However, northern Saskatchewan and

Manitoba, as well as the Dakotas had

mostly good to excellent habitat

conditions. In western Ontario, ice-out

was very early and the habitat outlook

was excellent. In eastern regions, good

to excellent conditions extended from

Maine to eastern and central Ontario.

However, the outlook for southern

Ontario was only fair.

The preliminary 1998 estimate of May

ponds in the traditional survey area is

4.6 million, which is a 38% decrease

from 1997, but is similar to the longterm average. The number of ponds in

Prairie Canada is 2.5 million, which is

50% lower than in 1997 and 27% below

the long-term average. In the

northcentral U.S., May ponds were

estimated at 2.1 million, which is 14%

below 1997 but is 44% above the longterm average.

The 1998 total duck population

estimate for the traditional survey area
Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules 38701

is 37.5 million birds. This estimate is

12% lower than that of 1997, but is 15%

above the long-term average. For the

early season regulations meeting the

breeding population estimate for bluewinged teal is of particular interest. This

year’s preliminary estimate for bluewing teal is 6.5 million, which would be

the highest estimate on record, but is

not significantly different from 1997.

This estimate is 52% above the longterm average. Unfortunately, harvest

estimates from the 1997 September teal

season are not available at this time.

Updated band-recovery information

indicates that direct recovery rates in

1997 remained below 2% for all

reference areas, and are similar to

recovery rates observed in years in

which September teal seasons were held

previously. However, until a new bandreporting rate study is conducted, we

cannot determine teal harvest rates from

banding data.

Dr. Dave Caithamer, Wildlife

Biologist, reviewed the status of several

populations of Canada geese for which

the Service is proposing September

seasons. In Alaska, five subspecies of

Canada geese are hunted including

Dusky Canada geese and Cackling

Canada geese. Numbers of Dusky

Canada geese, which nest primarily in

the Copper River Delta of Alaska, have

declined steadily since an earthquake in

1964 altered their nesting habitat and

resulted in lowered recruitment rates.

The January 1997 population index

revealed approximately 21,300 geese,

which is significantly greater than the

previous year’s estimate of 11,200. The

Service remains concerned about the

continued poor status of this

population. The December 1997 survey

of Cackling Canada geese revealed

205,000 geese. No comparable survey

was conducted in the previous year.

However, this population has grown

about 11 percent per year since 1988.

The 3 other subspecies of Canada geese

hunted in Alaska are thought to be at or

above objective levels. In the Pacific

Flyway, the Rocky Mountain Population

of Canada geese is surveyed during

winter and spring surveys. These

surveys indicate an increasing or stable

population since 1988. However, results

from neither of these surveys are

available from the surveys conducted in

1998. The December 1997 composite

index of Great Plains and Western

Prairie Populations of Canada geese in

the Central Flyway was 482,000 birds,

which represents a 6 percent increase

from 1996. Population estimates

obtained from spring surveys increased

at an average rate of 4 percent per year

since 1988. The population of

Mississippi Flyway giant Canada geese

has increased in recent years, and the

population estimates for the spring of

1997 was approximately 1 million

geese. In some areas, numbers of giant

geese have increased to record-high

levels. The situation is similar in the

northeastern U.S., where the ‘‘resident’’

goose population has more than

doubled since 1989 to about 1 million

birds. The Service is concerned about

the rapid growth rate and large sizes of

resident Canada goose populations in

parts of the Atlantic and Mississippi

Flyways. In some regions, the

management of these large populations

of resident geese is confounded by the

presence of other populations, which

are below population objectives. The

Service recognizes the challenge facing

management agencies which are striving

to increase migrant populations, while

simultaneously attempting to control

resident populations.

Dr. Caithamer also summarized the

status of several populations of sea

ducks. During 1972–1996, breeding

population estimates of oldsquaws

declined 5 percent per year, while those

of scoters declined 2 percent per year.

Christmas Bird Counts conducted along

across the continent indicate that whitewinged scoters declined 2 percent per

year during 1972–95, while no trends

were detected for the other species of

scoters, common eiders, oldsquaws, and

harlequin ducks. In the Atlantic Flyway,

indices of trends for oldsquaws were

inconsistent. Common eider

populations in the U.S. portion of the

Atlantic Flyway appear to have

increased since 1972. Indices of scoter

abundance in the Atlantic Flyway

suggest declining or stable populations.

In the Pacific Flyway, Christmas Bird

Counts of white-winged scoters

declined 2 percent per year during

1972–1995.

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 1980’s. The

Central Platte River Valley 1998

preliminary spring index, uncorrected

for visibility, was 335,000. This index is

5 percent lower than the 1997 index of

351,000. The photo-corrected 3-year

average for the 1995–97 period was

460,265, which was 4 percent above the

previous year’s 3-year running average

and within the established populationobjective 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 1997–98; about 46,800 Federal

permits were issued and approximately

8,850 permittees hunted one or more

times. The number of active hunters

were 21 percent higher than the

previous year’s seasons. About 20,668

cranes were harvested in 1997–98 in the

Central Flyway, a 21 percent increase

from the previous year’s high estimate.

Harvests from Pacific Flyway, Canada

and Mexico are estimated to be about

10,000 for 1997–98 sport-hunting

seasons. The total North American sport

harvest including crippling losses was

estimated to be about 36,535 for the

Mid-Continent Population.

The fall 1997 pre-migration survey for

the Rocky Mountain Population was

18,036, which is 6% larger than the

1996 estimate. Limited special seasons

were held during 1997 in portions of

Arizona, Idaho, Montana, New Mexico,

Utah, and Wyoming, and resulted in an

estimated harvest of 453 cranes.

Dr. John Bruggink, Eastern Shore and

Upland Game Bird Specialist, reported

on the 1998 status of the American

woodcock. The 1997 recruitment index

for the Eastern Region (1.4 immatures

per adult female) was 18 percent below

the long-term regional average; the

recruitment index for the Central Region

(1.4 immatures per adult female) also

was 18 percent below the long-term

regional average. Singing-ground Survey

data indicated that the number of

displaying woodcock in the Eastern

Region was unchanged (P>0.1) from

1997 levels. In the Central Region, there

was a 24 percent increase (P<0.01) over

1997 levels in the number of woodcock

heard displaying. Trends from the

Singing-ground Survey during 1988–98

were negative (¥4.3 and ¥4.2 percent

per year for the Eastern and Central

regions, respectively; P<0.01). There

were long-term (1968–98) declines

(P<0.01) of 2.6 percent per year in the

Eastern Region and 1.6 percent per year

in the Central Region.

Mr. David Dolton, Western Shore and

Upland Game Bird Biologist, presented

the mourning dove population status.

The report summarized call-count

information gathered over the past 33

years. Trends were calculated for the

most recent 2 and 10-year intervals and

for the entire 33-year period. Between

1997 and 1998, the average number of

doves heard per route increased

significantly in the Eastern Management

Unit. There was no significant change in

doves heard in either the Central or

Western Units. Over the 10-year period,

a significant decline was indicated in

doves heard for both the Eastern and

Western Management Units while a

decline in the Central Unit was not

significant. Between 1966 and 1998, all

three management units exhibited

significant declines in doves heard.
38702 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules

Mr. Dolton also presented the status

of white-winged doves. In Arizona, the

1998 call-count index of 35 doves heard

per route was higher than the index of

31 doves per route in 1997. In the Lower

Rio Grande Valley of Texas, the total

number of whitewings estimated to be

breeding was about 424,000, an increase

of 9 percent from 1997 and 4 percent

above the previous 10-year average.

Additionally, about 23,000 whitewings

were estimated to be nesting in West

Texas, 62,000 in the Lake Corpus Christi

area, and 709,000 nesting throughout a

13-county area in Upper South Texas.

Whitewings are continuing to increase

in density and distribution. For

example, in San Antonio, whitewing

numbers have gone from 174,000 in

1989 to 279,000 in 1998. The remainder

of South Texas has increased from

95,000 in 1989 to 430,000 in 1998. The

grand total of 1.2 million whitewings

was up slightly from the 1.1 million

estimated for 1997. Breeding has now

been documented in Wichita Falls and

Amarillo.

Next, Mr. Dolton reported on whitetipped doves in Texas. In 1998, an

average of 0.41 whitetips were heard per

stop on 653 stops, an increase of 17

percent over 1997. The annual harvest

of these birds is small; in 1996 it was

less than 4,000 birds.

Last, Mr. Dolton presented

information on band-tailed pigeons. For

the Coastal Population, the Breeding

Bird Survey indicated a significant

decline between 1968 and 1996. Data for

1997 are not available at this time.

There has also been a significant decline

over the most recent 10-year period,

1986–96. Late August mineral spring

counts conducted in Oregon indicate

that the pigeon population increased 16

percent between 1996 and 1997 from

8,874 to 9,075. Washington’s call-count

survey showed no significant change

between 1996 and 1997. No significant

trend is evident in the population from

1975–97. However, there has been a

significant increase over the most recent

5 years, 1993–97. Two indirect

population estimates suggest that the

population was somewhere between 2.4

and 3.1 million birds in 1992. Bag limits

and season lengths continue to be

restricted. In Oregon, the 1996 harvest

estimate was 3,300 birds while, in

California, it was 13,700. For the

Interior population, Breeding Bird

Survey data indicated a stable

population between 1968 and 1996 with

no trend being evident. The same was

true for the most recent 10-year period.

The combined harvest for the Interior

population in 1996 was 723 birds. This

was less than the 1,600 taken in 1995

and well below the harvest in earlier

years which ranged up to 6,000 birds.

Comments Received at Public Hearing

Mr. Brad Bales, gamebird program

coordinator for the Oregon Department

of Fish and Wildlife, made two

statements on behalf of two separate

organizations. The first, on behalf of the

National Flyway Council, was an

announcement that the National Flyway

Council would establish a committee to

address the framework question from a

national perspective. At their next

meeting, the National Flyway Council

will determine the composition of the

group and establish a time frame for the

committee to complete their work and

make their recommendations back to the

National Flyway Council.

Mr. Bales’ second comment was on

behalf of the Pacific Flyway Council. He

indicated that the Pacific Flyway

Council urged the Service not to extend

the framework dates for duck hunting in

the lower Mississippi Flyway as

recently proposed in the Federal

Register. Further, he offered the support

of the Pacific Flyway Council for the

effort proposed by the National Flyway

Council.

Mr. Robert McDowell, representing

the Atlantic Flyway Council thanked

the Service for providing more hunting

opportunity during the Youth Hunt Day

by allowing geese to be included in the

bag limit. Also, he thanked the Service

for agreeing to clarify the sea duck bag

limits. He expressed appreciation for

approving Florida’s September Duck

Season and for authorizing a 9-day

September Teal Season in a portion of

the Atlantic Flyway. However, he asked

the Service to reconsider a 16-day teal

season. Also, he asked the Service to

reconsider New York’s proposal to

expand their early Canada goose season

in the Montezuma area. He stressed the

Flyway’s proposal that framework dates

remain fixed where they currently are in

all Flyways and disapproved of attempts

occurring outside the formal regulatory

process to change them. He further

indicated that if the Service finalized

the proposed framework closing date

extensions, all States should have the

same opportunity. He supported the

National Flyway Council efforts to

resolve this problem that is divisive

among Flyways.

Mr. Charles Kelley, representing the

Alabama Department of Conservation

and Natural Resources, commented in

support of the proposed extension of the

framework closing date for duck

hunting, stating that the State had been

requesting an extension for a number of

years because a later hunting season

would allow them to take better

advantage of duck abundance in the

State.

Written Comments Received

The preliminary proposed

rulemaking, which appeared in the

March 20 Federal Register, opened the

public comment period for migratory

game bird hunting regulations. The

supplemental proposed rule, which

appeared in the May 29 Federal

Register, defined the public comment

period for the Service’s proposed

regulatory alternatives for the 1998–99

duck hunting season. The public

comment period for the proposed

regulatory alternatives ended July 1,

1998. Early-season comments and

comments pertaining to the proposed

alternatives are summarized below and

numbered in the order used in the

March 20 Federal Register. Only the

numbered items pertaining to early

seasons items and the proposed

regulatory alternatives 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 assumed for items for

which no recommendations were

received. Council recommendations for

changes in the frameworks are

summarized below.

General

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.

A. Harvest Strategy Considerations.

On May 29, 1998, the Service published

for public comment the proposed

regulatory alternatives for the 1998–99

duck hunting season (63 FR 29518). The

proposed regulatory alternatives were

identical to the alternatives utilized in

1997–98 except for the proposal to offer

an extension of the framework closing

date to no later than January 31 in those

States in the Lower Region of the

Mississippi Flyway (Arkansas, Alabama,

Kentucky, Louisiana, Mississippi, and

Tennessee). Further discussion of the

framework issue can be found in B.

Framework Dates.
Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules 38703

Council Recommendations: All four

Flyway Councils generally endorsed

continuation of the 1997–98 regulatory

alternatives. Modifications

recommended by the Councils were

identified and discussed in the May 29,

1998, Federal Register. The

recommendations are reiterated below

and modified where necessary based on

subsequent comments received from the

Flyway Councils.

The Atlantic Flyway Council

recommended that the duck hunting

packages used for the 1997–98 season be

continued for the 1998–99 season.

The Upper-Regulations Committee of

the Mississippi Flyway Council

recommended that the 1997–98

regulations packages be maintained for

the 1998–99 duck season. These

consisted of 20-, 30-, 45-, and 60-day

seasons, with bag limits ranging from 3

to 6 ducks, including appropriate

species restrictions, and frameworks

dates from the Saturday nearest October

1 to the Sunday nearest January 20.

The Lower-Region Regulations

Committee of the Mississippi Flyway

Council recommended that the

regulatory packages for the 1997–98

season be continued in 1998–99, with

the exception of framework dates (see

further discussion in B. Framework

Dates).

The Central Flyway Council

recommended that the duck hunting

packages used for the 1997–98 season be

continued for the 1998–99 season.

Service Response: For the 1998–99

regular duck hunting season, the Service

will utilize the four regulatory

alternatives detailed in the

accompanying table. Alternatives are

specified for each Flyway and are

designated as ‘‘VERY RES’’ for the very

restrictive, ‘‘RES’’ for the restrictive,

‘‘MOD’’ for the moderate, and ‘‘LIB’’ for

the liberal alternative. The Service is

convinced that these alternatives will be

successful at providing maximum

hunting opportunity, while not

jeopardizing the ability of duck species

to attain population goals when habitat

conditions are adequate. The Service

will propose a specific regulatory

alternative when survey data on

waterfowl population and habitat status

are available.

B. Framework Dates. Council

Recommendations: The Atlantic Flyway

Council recommended no change to the

current framework dates, believing that

extensions would be premature without

knowing the potential harvest impacts,

which could reduce the frequency of

liberal regulations and would reduce the

likelihood that eastern mallards will be

fully incorporated into Adaptive

Harvest Management (AHM) this year.

In a subsequent letter, the Council

opposed the Service’s May 29, 1998,

framework extension proposal because

the proposal was developed outside the

normal Flyway meeting schedule which

prohibited Flyway Council review. The

Council voiced concerns regarding the

impact on the AHM process, adverse

impacts on hunting opportunities across

all Flyways to accommodate desires of

a small region which already enjoys

very high hunter success, negative

biological impacts on mallard pairing

and hen body condition, and impacts on

eastern mallard stocks, black ducks, and

wood ducks. They believe the proposal

calls into question the fair allocation of

a shared resource and mechanisms used

to achieve that allocation. The Council

warned that allowing extensions

without using existing Flyway Council

protocol would fracture the existing

Flyway system and politicize the

system. The Council recommended

delaying action on frameworks for at

least one year to allow appropriate State

and Flyway review.

The Lower-Region Regulations

Committee of the Mississippi Flyway

Council recommended the Service allow

States to choose a framework closing

date as late as January 31 with a 10%

penalty in days.

The Upper-Region Regulations

Committee of the Mississippi Flyway

Council recommended no change in

existing framework dates. The

Committee also recommended that if the

Service were to offer States the

opportunity to extend frameworks, the

extension should be coupled with a

commensurate reduction in season

length and/or bag limits in the

participating States to offset the

predicted increase in harvest.

The Central Flyway Council

recommended maintaining the current

opening and closing framework dates

adopted under AHM. However, at some

future date, when the packages are

reviewed for modification, the Council

recommended that the framework dates

issue should be cooperatively dealt with

by all Flyways in seeking an agreement

for equitable harvest opportunity. In a

subsequent letter, the Council opposed

the Service’s May 29, 1998, proposal

because it was developed outside the

normal Flyway Council/Service review

process. They believe the proposal’s

adoption will create animosity among

States and erode the cooperative

framework the Council system has

provided for the past fifty years, and

threaten the success of AHM. The

Council perceives the extension issue as

one of fair allocation of harvest

opportunity. The Council is concerned

that other States are not being offered

the extension and may be held to a more

stringent criteria for future changes. The

Council urged the Service to work with

Flyways to continue development of the

AHM program, which the Council

believes will promote enhanced hunting

opportunities in the future. The Council

stated that both early and late

framework issues should be addressed

when AHM packages are next revised

and that they look forward to working

with the other Flyways and the Service

towards an agreement on equitable

harvest opportunity.

The Pacific Flyway Council

recommended maintaining the current

opening and closing duck season

framework dates adopted under AHM

for the near future.

Written Comments: The Mississippi

Department of Wildlife, Fisheries, and

Parks commented in favor of extending

the framework closing date to January

31 and submitted an analysis of data

based on the most recent two years.

Although their analysis indicated an

appropriate reduction in season length

of 3 days, they proposed to reduce the

season length 8 days, based on a more

liberal estimate of harvest increases.

The Kentucky Department of Fish and

Wildlife Resources communicated their

interest in having the option of a

January 31 framework closing date.

While the State had no specific data

related to an appropriate penalty for the

extension, they believed Mississippi’s

analysis was applicable for the Lower

Region at this time, unless more

appropriate analyses had been

conducted elsewhere. Kentucky urged

the Service to develop final framework

packages based on the information that

most accurately reflects the anticipated

impacts.

The Arkansas Game and Fish

Commission expressed concern that the

framework issue had been pursued

largely outside the Flyway Council

process and threatened the long-term

waterfowl management process, but

believed a component of its hunters was

interested in the extended opportunity.

Arkansas expressed concern over the

potential for the extensions to result in

more restrictive harvest regulations in

the future, and the inability to

accurately measure harvest rates and

assess impacts of the extensions.

The Tennessee Wildlife Resources

Agency stated that the recent warmerthan-normal conditions had renewed

sportsmen’s interest in framework

extensions. The State pledged the

assistance of its personnel to help

resolve the framework issue in a fair,

equitable, and non-divisive manner. An

Agency resolution called for the Service

and the Mississippi Flyway Council to
38704 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules

work towards extending season

frameworks in a fair and equitable

manner for the 1998–99 season and

beyond.

The Louisiana Department of Wildlife

and Fisheries supported a framework

extension to January 31 as long as the

State’s participation does not require a

reduction in hunting days or bag limits.

Louisiana was disappointed by the

proposed rule and hoped the Service

would develop a practical resolution to

this contentious issue. A 1997 opinion

survey of Louisiana hunters indicated a

large majority preferred a January 31

closing date and State waterfowl survey

data indicate that more ducks are in

Louisiana during December and

January. The State was unable to

develop, in the allotted period, an

estimate of the impact on harvest rates

that they would consider reliable.

The Alabama Department of

Conservation and Natural Resources

stated that they had supported

framework extensions in Alabama for

many years and support maximizing

hunting opportunities as long as the

resource is not negatively impacted. The

Department stated that Alabama hunter

success is near or below the Mississippi

Flyway average as shown by seasonal

duck harvest per hunter and that an

increased proportion of mallards

harvested in Alabama may help offset

the long-term decline in Canada goose

harvest opportunity in Alabama.

Alabama had no data regarding an offset

penalty and would rely on the analysis

from Mississippi.

The Pennsylvania Game Commission

opposed the extension proposal.

Pennsylvania stated the proposal was

developed without consultation with

the other Flyway Councils, it conflicted

with cooperatively developed AHM

packages, and would confound attempts

to assess impacts of season length on

harvest. Concern was expressed about

the potential for increased harvest of

eastern duck stocks and the potential for

more restrictive harvest opportunities

on a broad scale if frameworks were

extended in southern States.

Pennsylvania believed that, at the very

least, consideration of this proposal

should be delayed until Flyway

Councils and the AHM working group

had assessed its ramifications.

The South Carolina Department of

Natural Resources objected to the

proposal to limit the extension of the

framework closing date to the southern

portion of the Mississippi Flyway. They

stated that waterfowl hunters in South

Carolina have been dissatisfied with the

framework dates for a very long time,

and the proposal to restrict the

extension is arbitrary and capricious

and violates the tenet of ‘‘fairness’’ that

we have operated under for so many

years as relates to the nationwide

management of migratory birds through

the regulatory process administered by

the Service. They recommended that the

same option for extension of the

framework closing date be offered to

States in the southern portion of the

Atlantic Flyway.

The Georgia Department of Natural

Resources did not support the extension

proposal because it undermined the

primary goals of the AHM process

which had been adopted by all Flyways.

They believed adoption of the proposal

would serve as a catalyst for additional

regional campaigns leading to increased

regulatory inconsistency. Many of

Georgia’s hunters strongly desire a

framework extension to January 31;

however, until current packages are

tested over a longer period, it was not

in the long-term interest of waterfowl to

extend frameworks. If changes are to be

made now, extensions should be

available to all States. The Lower

Mississippi Flyway proposal has

triggered discussions regarding a

southern coalition within the Atlantic

Flyway, intended to pursue southern

issues and framework extensions in that

region.

The New York State Department of

Environmental Conservation requested

that the proposed framework extension

be deferred for one year to allow

adequate review by all Flyway Councils

and the AHM working group. New York

expressed concerns that the proposal

was developed without Flyway Council

review, was counter to AHM principles,

that efforts on framework extensions

would delay the incorporation of

eastern mallards into the decision

process, future harvest opportunity for

all Flyways could be adversely affected,

eastern duck stocks could be impacted,

and that adoption of the proposal would

spawn additional requests from special

interest groups. The Department stated

that when regulation packages were set

and agreed to by all Councils, it was

understood that they would be stable for

several years, New York recommended

that the Flyway Councils and the AHM

working group work this year to devise

a strategy for 1999.

The North Dakota Game and Fish

Department stressed that waterfowl

harvest management should be based on

sound scientific information and

objectives established through the

Flyway Council process. North Dakota

expressed great concern over the

unfairness of extending southern

frameworks when northern States have

benefitted little from special teal

seasons and recently lengthened

seasons. They believed if an extension

is offered to southern States similar

opportunity must be offered to all

States.

The South Dakota Department of

Game, Fish and Parks urged the Service

to not extend the framework closing

date in the southern part of the

Mississippi Flyway, since all other

Flyway Councils and the Upper-Region

Regulations Committee of the

Mississippi Flyway Council

recommended that framework dates not

be changed. Such action would be

totally unfair to all other States that are

willing to use the AHM process to fairly

and biologically determine the

framework issue.

The Kansas Department of Wildlife &

Parks strongly opposed the proposal to

offer extended duck hunting season

framework dates to States in the lower

region of the Mississippi Flyway, stating

that it is blatantly unfair to other States

that may be interested in such changes,

and that it will establish an undesirable

precedent regarding how we implement

harvest regulations.

The Delaware Department of Natural

Resources opposed a framework

extension for the southern Mississippi

Flyway because it conflicted with

recommendations from all Flyways

Councils (1997) to maintain consistency

in regulatory packages and it could

negatively affect other States through

redistribution of harvest. Delaware

urged all four Councils and the AHM

working group work to recommend a

specific strategy for 1999 to address all

concerns.

The Missouri Department of

Conservation opposed the framework

extension due to concerns regarding

biological impacts on the waterfowl

resource including changes in harvest

timing and composition (age, species,

and sex), the inequitable provision of

the extension opportunities, and

conflicts with the AHM process.

Missouri believes adopting this proposal

would set an unfortunate precedent and

have negative implications for the future

of cooperative waterfowl and wetland

management.

The Michigan Department of Natural

Resources strongly opposed the

extension proposal on the basis of its

conflict with previous recommendations

of the Upper-Region Regulations

Committee. Michigan believed if

extensions were implemented, both

early and late extensions should be

offered to all States.

The Connecticut Department of

Environmental Protection opposed the

extension proposal and requested the

Service defer action until full review by

all Flyways is possible. Connecticut
Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules 38705

voiced concern over reduced hunting

opportunity across the nation and

impacts to black ducks which are more

vulnerable in late winter.

The Minnesota Department of Natural

Resources continued to support

recommendations of the Upper-Region

Regulations Committee of the

Mississippi Flyway Council and the

other 3 Flyway Councils for no change

in framework dates. They believe the

extension proposal is extremely divisive

and threatens the future of the Flyway

Council system and AHM. They stated

that the potentially negative

physiological impacts on ducks of

extensions have not been addressed and

should be evaluated by States and the

Service prior to implementing

extensions. Minnesota believed

northern States have the strongest

argument for framework extensions

because of weather-related limitations to

long duck seasons. The extension

proposal was contrary to the cooperative

process of establishing migratory bird

regulations; however, if it is offered, it

should be offered to all States.

The Wisconsin Department of Natural

Resources supported no change in

framework dates. Wisconsin found the

extension proposal completely

unacceptable because it increases

inequity, citing the current higher

hunter success rates in southern States,

frequently truncated season length in

northern States due to freeze-up, and

differences in special-teal-season

availability. Wisconsin expressed

concern about the possible impacts of

late-winter hunting on mallard pair

formation and nutrient-reserve

accumulation. Wisconsin opposed

offering southern States an extension,

but believed if the extension was

granted to southern States, northern

States must be offered an extension on

season opening dates.

The Illinois Department of Natural

Resources stated the extension proposal

was patently unfair because it was not

available to all States in all Flyways.

The State remains concerned about

biological impacts on duck pair

formation and acquisition of body

reserves. Illinois believed this is an

issue of national consequence and

without time for a full public debate and

analysis before the 1998 season, the

Service should postpone

implementation of any framework

extensions until at least the 1999

season. However, if extensions are

implemented, the offset penalty should

be determined by the Service or third

party and Illinois should be allowed to

split the duck season in their three

zones.

The Oklahoma Department of Wildlife

Conservation was strongly opposed to

the extension proposal. Oklahoma

believed that the proposal seriously

undermines the long-standing

cooperative Flyway and Service process

for establishing waterfowl hunting

regulations and calls into question the

Service’s commitment to the AHM

process. Oklahoma further

recommended that the Service deny the

framework extension until such time as

the issue can be addressed through the

AHM process and all States’ interests

are fairly and objectively considered.

The Wyoming Game and Fish

Department opposed the framework

extension because they believe that

season recommendations should be

based on Flyway/Service review and

approval and not political

considerations, the proposed extension

threatens AHM, other States are not

offered a similar opportunity, and the

proposal creates animosity between

States and erodes the cooperative

framework of the Flyway Council

system. They further encourage the

Service to work with the Flyways to

continue to develop and enhance AHM

and believe that early and late

framework issues should be addressed

when the next round of AHM packages

are developed.

The New Jersey Division of Fish,

Game and Wildlife opposed

implementation of framework

extensions due to their commitment to

the AHM process, concern regarding

impacts on migrating wood ducks, and

the potential to divide the flyway

system.

The Wisconsin Conservation Congress

opposed the framework extension

proposal stating that it was in direct

conflict with the principles of the

Service to manage the resource for the

benefit of all people.

The Delta Waterfowl Foundation did

not support the framework extension

proposal. While supporting the

Service’s goal of ensuring that

nonparticipating States will not be

impacted, they believed that reductions

in bag limits and species restrictions

should also be considered. They further

stated that the Service should entertain

other framework date extensions, such

as opening dates.

The Alabama Waterfowl Association

requested a January 31 extension in

Alabama be experimental beginning in

the 1998 season. The Association would

accept a 10% penalty in hunting days.

They cite conflicts between farmers and

hunting-lease holders or hunters in midNovember when incomplete crop

harvest prevents flooding of agricultural

fields. The Association believed an

extended framework would allow

improved habitat management and

availability at the start of the season and

would have less impact on the resource

than the additional hen in the bag

recently offered.

Two individuals from Michigan, 45

from Wisconsin, 30 from Minnesota, 1

from Arkansas, 1 from Iowa, 1 from

Florida, and 3 from Tennessee

commented in opposition to the

proposed extension of the framework

closing date.

Three individuals from Alabama, 1

from Florida, 5 from Arkansas, 2 from

Georgia, 31 from Tennessee, and 110

from Mississippi commented in favor of

extending the framework closing date.

Service Response: The Service

appreciates the extensive comments it

received regarding the May 29 proposal

(63 FR 29518) to extend the framework

closing date to January 31 in the six

States of the southern Mississippi

Flyway (AL, AR, KY, LA, MS, TN). In

the proposal, the southern Mississippi

Flyway would be permitted a

framework-date extension, provided it

was accompanied by a reduction in

season length sufficient to offset the

expected increase in harvest. The

Service’s goal was to provide hunting

opportunity that had been requested by

southern Mississippi Flyway States,

without expanding overall harvest in

those States or affecting hunting

opportunities in other States and

Flyways. The Service will establish a

final framework closing date for the

1998–99 duck hunting season in these

six States in conjunction with the lateseason regulations process.

F. Zones and Split Seasons.Written

Comments: The Ohio Division of

Wildlife requested elimination of the

Pymatuning Waterfowl Hunting Zone in

Ohio and incorporation of the affected

area into the North Zone beginning in

the 1998–99 season.

Service Response: In the past, hunting

seasons in that portion of Ohio had to

be the same as those selected by

Pennsylvania for that portion of

Pennsylvania. Beginning this year, the

Pymatuning Area will no longer be

included in the Federal waterfowl

hunting frameworks as a separate area,

and will be considered part of Ohio’s

North Zone.

G. Special Seasons/Species

Management

iii. September Teal Seasons

Council Recommendations: The

Atlantic Flyway Council recommended

the establishment of an experimental

September teal season option in the

Atlantic Flyway. States deriving more
38706 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules

than 80 percent of their teal harvest

from mid-continent populations

(Delaware, Georgia, Florida, Maryland,

North Carolina, Pennsylvania, South

Carolina, Virginia, and West Virginia)

could hold a 9-day season between

September 1 and 30 with a daily bag

limit of 4 teal.

The Central Flyway Council

recommended an experimental

September teal season harvest strategy

in the nonproduction States of the

Central Flyway based on the May

breeding population index (BPI) of bluewinged teal. When the BPI of bluewinged teal is 4.7 million or greater, the

Council’s recommended harvest strategy

would consist of an additional 7 days of

hunting (for a total of 16 days).

When the BPI of blue-winged teal is

below 4.7 million but remains at or

above 3.3 million, the Council’s

recommended harvest strategy would

maintain the current 9-day season.

When the BPI of blue-winged teal is

below 3.3 million, the Council’s

recommended harvest strategy would

consider closure of September teal

seasons.

Written Comments: One individual

from Wisconsin and 1 from Minnesota

urged the Service to consider a special

teal season for the production States.

Service Response: The Service

supports the Atlantic Flyway Council’s

proposal for an experimental 9-day

special September teal season in those

States that derive 80% of their harvest

from the mid-continent blue-winged teal

populations (to include States from

Pennsylvania and Delaware southward).

These States would be required to

evaluate the impacts to non-target

waterfowl species by conducting hunter

performance surveys. The Service

remains concerned with the definition

of production and non-production

States, but will work with the Flyway to

establish decision criteria based on

historic harvests of non-target species in

other Flyways. The Service strongly

encourages as many of the States as

possible to participate in the evaluation,

as sampling requirements will be based

on the number of States involved. This

season will be experimental for a 3-year

period but must include a pre-sunrise

evaluation in order to have shooting

hours begin 1⁄2-hour before sunrise. The

Service will develop a Memorandum of

Agreement to stipulate the guidelines

and implementation of this season.

The Service also supports the Central

Flyway Council’s proposal for a

September-teal-season harvest strategy

that would provide a 16-day special

season in those States that currently

have operational special September teal

seasons when blue-winged teal

populations are above 4.7 million. The

evaluation plan submitted by the

Council appears adequate for annual

monitoring and assessment of this

expanded opportunity. Although

current changes in band-reporting rates

make interpretation of band-recovery

data difficult, the Service believes that

the 4.7 million breeding population

trigger is an adequate threshold for

conducting these expanded seasons.

The expanded season also will be

offered to those States in the Mississippi

Flyway that currently are offered a

special teal season, under the same

stipulations as for the Central Flyway.

An annual evaluation of pertinent

population, habitat, and harvest

information will be required, with a

final report due after the seasons have

been conducted for 3 years.

Continuation of the season is

conditional upon the completion of the

annual and final reports.

The Service believes that a

comprehensive review of blue-winged

teal biology, an assessment of the

cumulative effects of all teal harvest,

and an evaluation of possible expansion

of hunting opportunity in production

States is needed. In order to facilitate

such an evaluation the Service proposes

to host a meeting this fall. The Service

asks Flyway Councils to designate two

representatives from each of the three

involved Flyways to meet with Office of

Migratory Bird Management staff to

design a comprehensive evaluation of

blue-winged teal biology and harvest

management.

iv. September Teal/Wood Duck Seasons

Council Recommendations: The

Atlantic Flyway Council recommended

the continuation of the Florida

September wood duck/teal season on an

operational basis.

The Lower-Region Regulations

Committee of the Mississippi Flyway

Council recommended that the

experimental September teal/wood duck

seasons in Kentucky and Tennessee be

continued in 1998 with no changes from

the 1997 season. The Lower-Region

Regulations Committee further

recommended that if such seasons are

suspended, all non-production States

should be permitted to take up to 5 days

of the regular season in September.

Written Comments: Representatives

John S. Tanner, John J. Duncan, Harold

Ford, Jr., William Jenkins, Van Hilleary,

Zach Wamp, Ed Bryant, Bob Clement,

Bart Cordon, and Senators Fred

Thompson and Bill Frist from

Tennessee requested that the Service

not close Tennessee’s early wood duck

season. The commenters state that a

decision by the Service to close the

season would appear to be one based on

administrative rationale, rather than

sound biology. Further, facts that

support continuation of the season are

that: the season has been approved for

17 years, that the Tennessee Wildlife

Resources Agency has met its preseason

banding obligations, that no downward

trends in the wood duck populations

have been recorded in stream-float

surveys, summer bandings, or the

Breeding Bird Survey. Finally, survival

rates for Tennessee wood ducks are

similar to, or higher, than rates observed

prior to 1981. Roughly one third of

Tennessee’s waterfowlers participate in

the early wood duck season. The

commenters believe that closing the

season would discourage their active

involvement in wood duck

management.

The Tennessee Wildlife Resources

Agency (Tennessee) expressed

disappointment that the Service

intended to suspend the September

wood duck season. They pointed out the

Tennessee hunters have never

complained about decreased wood duck

numbers, and that empirical evidence

demonstrates that the wood duck

population is not experiencing any longterm declines. Further, Tennessee stated

that closing the popular 5-day season

would be hard to justify because the

evaluation of the season could not

conclude whether the season is good or

bad. Tennessee mentioned that the high

costs associated with regional wood

duck population monitoring will

discourage most States from

participating in any monitoring

programs beyond what is currently

being done. They pointed out that

eliminating the September season

without a clearly stated harvest

alternative would stymie any new data

collection efforts. Thus, they requested

that Tennessee’s September wood duck

season be granted operational status and

be grandfathered into the existing

frameworks.

The Kentucky Department of Fish and

Wildlife Resources (Kentucky) also

expressed disappointment that the

Service would recommend suspending

the September wood duck season in

Kentucky. They stated that evaluation of

the season indicated that it met the

objective of limiting harvest to local

wood ducks without negatively

impacting southern wood duck

populations. They recognized that the

conclusions of the evaluation were

based on data where the level of

precision was questionable, but that the

data were the best available and should

not be discarded. Kentucky emphasized

that data collected by their agency

indicated no negative impacts on local
Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules 38707

wood duck populations and therefore

requested that Kentucky’s September

season be granted operational status and

grandfathered into the existing

frameworks.

The Florida Game and Fresh Water

Fish Commission opposed suspension

of the September Wood Duck Seasons

based on the Service’s contention that

adequate population monitoring was

lacking. They maintained that their

monitoring programs have not detected

any undue negative effects on local

wood duck populations after 17 years.

They believe that if the Service is

comfortable with the regular-season

harvest pressure on wood ducks caused

by several changes in season lengths,

then concern over Florida’s September

season hardly seem warranted. They

believe the Service has continued to

raise the standard for evaluation long

after these seasons were initiated and

did not provide specific criteria. They

maintain that there is no evidence that

Florida’s season is negatively

influencing their local wood

populations and it appeared as though

the reason for suspending the seasons

was unjustly based on administrative

convenience rather than biological

concern.

The Minnesota Department of Natural

Resources opposed hunting

opportunities that are not offered to

hunters in all States within a flyway. If

the September wood duck seasons are

suspended, they would not support

non-production States in the Lower

Region taking up to 5 days from the

regular season in September.

The Alabama Waterfowl Association

indicated that they do not see any

reason to suspend the early wood duck

season and maintain that southern

States provide habitat enhancement

projects and deserve to have harvest

opportunities on locally reared wood

ducks.

A petition letter signed by 110

individuals from Tennessee stress the

fact that to do away with the wood duck

September season would deplete a lot of

interest among several organizations

who get involved with nest box

programs and habitat improvement

projects.

Thirty-two individuals from

Tennessee, 13 from Florida, and 5 from

Kentucky expressed support for

continuing with the September wood

duck seasons to provide hunting

opportunities and opposed any action

by the Service to discontinue these

seasons.

Service Response: The Service notes

that after many years of trying to

develop regional wood duck

population-monitoring programs,

attempts to evaluate the experimental

September wood duck seasons have

been unsuccessful. Without adequate

regional monitoring, special seasons

that target regional wood duck

populations should be discontinued.

Instead, wood duck harvest

management should be approached at

the flyway level during the regular

season. The recently-completed Wood

Duck Population Monitoring Initiative

showed that managers have much of the

capability needed to monitor wood

ducks at the flyway level. The Service

recognizes that improvements in the

way we develop regular season

approaches to wood duck harvest

management are possible. These

improvements should incorporate

information about the status and

dynamics of wood ducks. However,

there is a need to conduct additional

technical assessments in order to

develop flyway harvest strategies. The

Service will coordinate with Flyway

Councils and Technical Sections to

develop such strategies.

During the interim period, the Service

proposes to allow Florida, Kentucky,

and Tennessee to hold September wood

duck seasons for a maximum of 3 more

years. After September 2000, the

seasons in Florida, Kentucky, and

Tennessee will be discontinued. Flyway

harvest strategies will then be

implemented for the 2001/02 hunting

season. Should the technical assessment

be completed sooner, and a flyway

strategy be implemented, the September

seasons would be suspended at that

time.

v. Youth Hunt

Council Recommendations: The

Upper-Region Regulations Committee of

the Mississippi Flyway Council

recommended that a special one-day

youth waterfowl season include the

harvesting of geese.

The Lower-Region Regulations

Committee of the Mississippi Flyway

Council recommended that a special 2-

day youth waterfowl season include the

harvesting of geese.

The Central Flyway Council

recommended expansion of the special

youth waterfowl hunt to 2 consecutive

days with a legal bag that includes

geese.

The Pacific Flyway Council

recommended continuation of the oneday youth hunt that allows States to

select outside the general season and

frameworks. The Council further

recommended the addition of 1 goose to

the bag limit.

Written Comments: Senator John T.

Traynor of the North Dakota Senate

expressed his support for the youth

hunt and urged the Service to expand

the special season to 2 days and include

geese in the bag limit.

The Delta Waterfowl Foundation

supported the expansion of the special

youth hunt to 2 days and the inclusion

of geese in the bag limit.

Service Response: The Service

appreciates the recommendations from

the Flyway Councils regarding the

continuation of a youth waterfowl

hunting day. Upon establishment of the

special youth hunting day, the Service

viewed it as a unique educational

opportunity which would help ensure

safe, high-quality hunting for future

generations of Americans. The Service’s

intent was not to recruit youth hunters,

but to provide the best and safest

learning environment for those of our

youth who are interested in hunting.

Further, the Service believes that

establishing such a day was consistent

with our responsibility to provide

general education and training in the

wise use of our nation’s valuable

wildlife resources. The Service believes

the long-term conservation of North

America’s migratory bird resources

depends on the future attitudes and

actions of today’s youth and that the

special youth day assists in the

formation and development of a

conservation ethic in future generations.

The Service’s intent in establishing this

special day is to introduce youth to the

concepts of ethical utilization and

stewardship of waterfowl and other

natural resources, encourage youngsters

and adults to experience the outdoors

together, and contribute to the long-term

conservation of the migratory bird

resource. With these intents in mind,

there is not a compelling reason to

extend the opportunity an additional

day.

Additionally, the Service has not

conducted an extensive national

evaluation of the effects of the special

youth hunt day to date, nor does the

Service plan to conduct such an

evaluation due to cost/benefit

considerations. Because the special 1-

day hunt is limited to youths, the

Service believes that waterfowl

populations can support the limited

additional harvest. However, an

additional day would potentially double

the effect, which would result in

increased uncertainty.

With regard to geese, the Service

supports the inclusion of the regularseason daily bag limit for geese in the

special youth-hunt bag limit. However,

there are two considerations that States

must be aware of regarding the

inclusion of geese in the youth hunt: (1)

in many cases, States already use the

legal limit of 107 goose hunting days
38708 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules

and the inclusion of geese in the youth

day bag will require a 1-day reduction

in the regular season length, and (2) all

area/species restrictions would apply,

thus complicating the regulations in

areas with species restrictions or area

closures.

2. Sea Ducks

Council Recommendations: The

Atlantic Flyway Council recommended

that the Service clarify regulatory

language concerning bag limits for sea

ducks so that bag limits for seas ducks

during the regular season cannot exceed

bag limits for sea ducks established in

the special sea duck season, whether

inside or outside the special sea duck

area.

Service Response: The Service will

continue to work with the Atlantic

Flyway Council as they prepare their

management plan for common eiders,

and encourages the Flyway to develop

management goals for other populations

of sea ducks. The Service believes that

a conservative approach to sea duck

hunting is warranted, especially if

management plans or goals have not

been adopted. The Service will assess

the appropriateness of current sea duck

hunting regulations after finalizing a

report on the status of sea duck

populations; changes will be considered

for the 1999 hunting season.

4. Canada Geese

A. Special Seasons. Council

Recommendations: The Atlantic Flyway

Council recommended that the closing

date of the September goose season

around Montezuma National Wildlife

Refuge be extended from September 15

to 25.

The Lower-Region Regulations

Committee of the Mississippi Flyway

Council recommended that the Service

reevaluate criteria for special Canada

goose seasons (early and late),

particularly as they relate to the

cumulative harvest of migrant Canada

geese from populations of special

concern, to insure that the criteria are

consistent with management efforts to

increase and/or maintain migrant

populations of special concern to/at

planned objective levels.

Service Response: In accordance with

the criteria established for early seasons

on resident Canada geese, the harvest of

migrant geese cannot exceed 10%.

Collar observations provided by New

York for 1995–97 exceed this level.

Thus, the Service does not support this

request. The criteria only address the

ratio of collar observations without

regard to the area size or number of

collars or geese observed. Based on the

evidence provided by New York, the

potential to harvest AP geese increases

substantially in late September. The

Service recognizes that in some cases a

single observation of a potential migrant

may exceed the 10% criterion, but at

this fine scale, it is very difficult to fully

assess the impacts of expanding the

season to September 25.

The criteria for special Canada goose

seasons are designed to provide

additional harvest of locally nesting

Canada geese without additional impact

on migrant populations. The Service

believes that to date they have

accomplished that objective; however,

the Service will continue to monitor

harvest information with reference to

the provisions of the special-season

criteria and objectives for migrant

Canada goose populations.

B. Regular Seasons. Council

Recommendations: The Upper-Region

Regulations Committee of the

Mississippi Flyway Council

recommended that the 1998 regular

goose season opening date be as early as

September 26 in Michigan’s Upper

Peninsula and September 19 in

Wisconsin.

Service Response: The Service

concurs with the recommendation.

9. Sandhill Cranes

Council Recommendations: The

Central and Pacific Flyway Councils

recommended that the Rocky Mountain

Population (RMP) greater sandhill crane

hunt in Wyoming’s Area 6 (Park and

Bighorn Counties) become operational

in 1998. The Councils further

recommended that the third year of

monitoring and data collection for the

experimental hunt be waived.

Service Response: The Service

concurs with the Central and Pacific

Flyway Council recommendations for

removal of experimental status of the

RMP greater sandhill crane hunt in Big

Horn and Park Counties of Wyoming.

The third year of monitoring and data

collection will be waived.

16. Mourning Doves

Written Comments: The Louisiana

Department of Wildlife and Fisheries

requested an extension of the framework

closing date from January 15 to January

20.

Service Response: The Service does

not support Louisiana’s request at this

time and asks that the issue be

incorporated into the mourning dove

management plan for the Eastern

Management Unit which is currently

being prepared.

18. Alaska

Council Recommendations: The

Pacific Flyway Council recommended

an increase in Alaska’s Canada goose

daily bag and possession limit from 1

and 2 to 3 and 6, respectively, within

overall dark goose bag and possession

limits of 4 and 8 in Alaska Game

Management Subunit (GMU) 9(E)

(Alaska Peninsula) and Unit 18 (Y–K

Delta).

The Pacific Flyway Council

recommended an archery-only Canada

goose hunt on Middleton Island, Alaska

(GMU 6); by registration permit only,

with no more than 10 permits;

mandatory goose identification class,

check-in, and check-out; season dates of

September 28 to December 16; bag and

possession limit of 1; season to close if

incidental harvest includes 5 dusky

Canada geese.

Service Response: The Service

supports the Council’s recommendation

for increased Canada goose bag limits

within the overall dark goose bag limit

and the limited season for Canada Geese

on Middleton Island with all of the

conditions recommended by the Pacific

Flyway Council except the limitation of

the method of take to only archery. The

Service has received no rationale for

limiting the method of take and believes

to do so without reason would establish

an undesirable precedent.

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.

E.O. 12866 requires each agency to

write regulations that are easy to

understand. The Service invites

comments on how to make this rule

easier to understand, including answers

to questions such as the following: (1)
Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules 38709

Are the requirements in the rule clearly

stated? (2) Does the rule contain

technical language or jargon that

interferes with its clarity? (3) Does the

format of the rule (grouping and order

of sections, use of headings,

paragraphing, etc.) aid or reduce its

clarity? (4) Would the rule be easier to

understand if it were divided into more

(but shorter) sections? (5) Is the

description of the rule in the

‘‘Supplementary Information’’ section of

the preamble helpful in understanding

the proposed rule? What else could the

Service do to make the rule easier to

understand?

Send a copy of any comments that

concern how this rule could be made

easier to understand to: Office of

Regulatory Affairs, Department of the

Interior, Room 7229, 1849 C Street,

N.W., Washington, D.C. 20240.

Comments may also be e-mailed to:

Exsec@ios.doi.gov

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 Considerations

As in the past, the Service will design

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 are presently under way

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 will be included in a

biological opinion and may cause

modification of some regulatory

measures proposed in this document.

The final frameworks will reflect any

modifications. The Service’s biological

opinions resulting from its Section 7

consultation are public documents and

will be 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

In the March 20, 1998, Federal

Register, the Service reported measures

it took to comply with requirements of

the Regulatory Flexibility Act. 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.

The Service is currently updating the

1996 Analysis with information from

the 1996 National Hunting and Fishing

Survey.

Executive Order (E.O.) 12866

This proposed rule is economically

significant and will be reviewed by the

Office of Management and Budget

(OMB) under E.O. 12866.

Paperwork Reduction Act

The Service examined these proposed

regulations under the Paperwork

Reduction Act of 1995. The various

recordkeeping and reporting

requirements imposed under regulations

established in 50 CFR Part 20, Subpart

K, are utilized in the formulation of

migratory game bird hunting

regulations. OMB has approved these

information collection requirements and

assigned clearance numbers 1018–0015

(expires 08/31/1998) and 1018–0023

(expires 09/30/2000).

Unfunded Mandates Reform Act

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

proposed 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.

Taking Implication Assessment

In accordance with Executive Order

12630, these rules, authorized by the

Migratory Bird Treaty Act, do not have

significant takings implications and do

not affect any constitutionally protected

property rights. These rules will not

result in the physical occupancy of

property, the physical invasion of

property, or the regulatory taking of any

property. In fact, these rules allow

hunters to exercise privileges that

would be otherwise unavailable; and,

therefore, reduce restrictions on the use

of private and public property.

Federalism Effects

Due to the migratory nature of certain

species of birds, the Federal government

has been given responsibility over these

species by the Migratory Bird Treaty

Act. The Service annually prescribes

frameworks from which the States make

selections and employs guidelines to

establish special regulations on Federal

Indian reservations and ceded lands.

This process preserves the ability of the

States and Tribes to determine which

seasons meet their individual needs.

Any State or Tribe may be more

restrictive than the Federal frameworks

at any time. The frameworks are

developed in a cooperative process with

the States and the Flyway Councils.

This allows States to participate in the

development of frameworks from which

they will make selections, thereby

having an influence on their own

regulation. These rules do not have a

substantial direct effect on fiscal

capacity, change the roles or

responsibilities of Federal or State

governments, or intrude on State policy

or administration. Therefore, in

accordance with Executive Order 12612,

these regulations do not have significant

federalism effects and do not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment.

Government-to-Government

Relationship With Tribes

In accordance with the President’s

memorandum of April 29, 1994,

‘‘Government-to-Government Relations

with Native American tribal

Governments’’ (59 FR 22951) and 512
38710 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules

DM 2, we have evaluated possible

effects on Federally recognized Indian

tribes and have determined that there

are no effects.

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 1998–99 hunting

season are authorized under 16 U.S.C.

703–712 and 16 U.S.C. 742 a–j.

Dated: July 7, 1998.

William Leary,

Acting Deputy Assistant Secretary for Fish

and Wildlife and Parks.

Proposed Regulations Frameworks for

1998–99 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, 1998, and March 10, 1999.

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.

Flyways and Management Units

Atlantic Flyway—includes

Connecticut, Delaware, Florida, Georgia,

Maine, Maryland, Massachusetts, New

Hampshire, New Jersey, New York,

North Carolina, Pennsylvania, Rhode

Island, South Carolina, Vermont,

Virginia, and West Virginia.

Mississippi Flyway—includes

Alabama, Arkansas, Illinois, Indiana,

Iowa, Kentucky, Louisiana, Michigan,

Minnesota, Mississippi, Missouri, Ohio,

Tennessee, and Wisconsin.

Central Flyway—includes Colorado

(east of the Continental Divide), Kansas,

Montana (Counties of Blaine, Carbon,

Fergus, Judith Basin, Stillwater,

Sweetgrass, Wheatland, and all counties

east thereof), Nebraska, New Mexico

(east of the Continental Divide except

the Jicarilla Apache Indian Reservation),

North Dakota, Oklahoma, South Dakota,

Texas, and Wyoming (east of the

Continental Divide).

Pacific Flyway—includes Alaska,

Arizona, California, Idaho, Nevada,

Oregon, Utah, Washington, and those

portions of Colorado, Montana, New

Mexico, and Wyoming not included in

the Central Flyway.

Mourning Dove Management Units

Eastern Management Unit—All States

east of the Mississippi River, and

Louisiana.

Central Management Unit—Arkansas,

Colorado, Iowa, Kansas, Minnesota,

Missouri, Montana, Nebraska, New

Mexico, North Dakota, Oklahoma, South

Dakota, Texas, and Wyoming.

Western Management Unit—Arizona,

California, Idaho, Nevada, Oregon, Utah,

and Washington.

Woodcock Management Regions

Eastern Management Region—

Connecticut, Delaware, Florida, Georgia,

Maine, Maryland, Massachusetts, New

Hampshire, New Jersey, New York,

North Carolina, Pennsylvania, Rhode

Island, South Carolina, Vermont,

Virginia, and West Virginia.

Central Management Region—

Alabama, Arkansas, Illinois, Indiana,

Iowa, Kansas, Kentucky, Louisiana,

Michigan, Minnesota, Mississippi,

Missouri, Nebraska, North Dakota, Ohio,

Oklahoma, South Dakota, Tennessee,

Texas, and Wisconsin.

Other geographic descriptions are

contained in a later portion of this

document.

Compensatory Days in the Atlantic

Flyway: In the Atlantic Flyway States of

Connecticut, Delaware, Maine,

Maryland, Massachusetts, New Jersey,

North Carolina, Pennsylvania, Virginia,

and West Virginia, where Sunday

hunting is prohibited statewide by State

law, all Sundays are closed to all take

of migratory waterfowl (including

mergansers and coots).

Special September Teal Season

Outside Dates: Between September 1

and September 30, an open season on

all species of teal may be selected by the

following States in areas delineated by

State regulations:

Atlantic Flyway—Delaware, Georgia,

Maryland, North Carolina,

Pennsylvania, South Carolina, Virginia,

and West Virginia. All seasons are

experimental.

Mississippi Flyway—Alabama,

Arkansas, Illinois, Indiana, Kentucky,

Louisiana, Mississippi, Missouri, Ohio,

and Tennessee.

Central Flyway—Colorado (part),

Kansas, New Mexico (part), Oklahoma,

and Texas.

Hunting Seasons and Daily Bag

Limits: Not to exceed 9 consecutive

days in the Atlantic Flyway and 16

consecutive days in the Mississippi and

Central Flyways. The daily bag limit is

4 teal.

Shooting Hours

Atlantic Flyway—One-half hour

before sunrise to sunset, if evaluated;

otherwise sunrise to sunset.

Mississippi and Central Flyways—

One-half hour before sunrise to sunset,

except in the States of Arkansas,

Illinois, Indiana, Missouri, and Ohio,

where the hours are from sunrise to

sunset.

Special September Duck Seasons

Florida: A 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, a 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 19). The daily 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. The remainder of

the regular duck season may not begin

before October 10.

Special Youth Waterfowl Hunting Day

Outside Dates: States may select 1 day

per duck-hunting zone, designated as

‘‘Youth Waterfowl Hunting Day,’’ in

addition to their regular duck seasons.

The day must be held outside any

regular duck season on a weekend,

holiday, or other non-school day when

youth hunters would have the

maximum opportunity to participate.

The day may be held up to 14 days

before or after any regular duck-season

frameworks or within any split of a

regular duck season, or within any other

open season on migratory birds.

Daily Bag Limits: The daily bag limit

may include ducks, geese, mergansers,

coots, moorhens, and gallinules and

would be the same as that allowed in

the regular season. Flyway species and

area restrictions would remain in effect.

Shooting Hours: One-half hour before

sunrise to sunset.

Participation Restrictions: Youth

hunters must be 15 years of age or

younger. In addition, an adult at least 18

years of age must accompany the youth

hunter into the field. This adult could

not duck hunt but may participate in
Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules 38711

other seasons that are open on the

special youth day.

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 are part of the

regular duck season daily bag (not to

exceed 4 scoters) 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 Eastern Unit of

Maryland; Delaware; and Crawford

County in Pennsylvania. Seasons not to

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, New

York (Long Island Zone), 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,

except in the Upper Peninsula in

Michigan, where the season may not

extend beyond September 10, and in the

Michigan Counties of Huron, Saginaw

and Tuscola, where no special season

may be held. 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.

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 4 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. In addition, in

the NW goose management zone, a 15-

day season may be selected during the

period September 1–20. Any portion of

the season selected between September

16 and 20 will be considered

experimental. Daily bag limits may not

exceed 5 Canada geese. In the NW goose

zone, at a minimum, Oregon must

provide an annual evaluation of the

number of dusky Canada geese present

in the hunt zone during the period

September 16–20 and agree to adjust

seasons as necessary to avoid any

potential harvest of dusky Canada geese.

Washington may select a special

Canada goose season of up to 15 days

during the period September 1–15.

Daily bag limits may not exceed 3

Canada geese.

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.

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.

California may select a 9-day season

in Humboldt County during the period

September 1–15. The daily bag limit is

2.

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 may open as

early as September 19 in Wisconsin and

September 26 in the Upper Peninsula of

Michigan. 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
38712 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules

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 Idaho 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 17)

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

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 Eastern

Management Region may select hunting

seasons between October 6 and January

31. States in the Central Management

Region may select hunting seasons

between the Saturday nearest September

22 (September 19) and January 31.

Hunting Seasons and Daily Bag

Limits: Seasons may not exceed 30 days

in the Atlantic Flyway and 45 days in

the Central and Mississippi Flyways.

The daily bag limit is 3. 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 24

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.

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 bandtailed pigeons.

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

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

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 whitewinged 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 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

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).
Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules 38713

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 whitewinged 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 whitewinged doves (15 under the alternative)

in the aggregate.

In Texas, the daily bag limit may not

exceed 12 doves (15 under the

alternative) in the aggregate, of which

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 exceptions:

1. In Units 9(e) and 18, the limits for

dark geese are 3 daily and 6 in

possession.

2. In Units 5 and 6, the taking of

Canada geese is permitted from

September 28 through December 16. A

special, permit only Canada goose

season may be offered on Middleton

Island. No more than 10 permits can be

issued. A mandatory goose

identification class is required . Hunters

must check-in and check-out. Bag limit

of 1 daily and 1 in possession. Season

to close if incidental harvest includes 5

dusky Canada geese. A dusky Canada

goose is any dark-breasted Canada goose

(Munsell 10 YR color value five or less)

with a bill length between 40 and 50

millimeters.

3. In Unit 10 (except Unimak Island),

the taking of Canada geese is prohibited.

4. In Unit 9(D) and the Unimak Island

portion of Unit 10, the limits for dark

geese are 6 daily and 12 in possession.

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. All seasons are by registration

permit only.

2. All season framework dates are

September 1—October 31.

3. In GMU 18, no more than 500

permits may be issued during the

operational season. No more than 3

tundra swans permits may be issued per

hunter and permits must be issued

sequentially one at a time, upon filing

a harvest report.

4. In GMU 22, no more than 300

permits may be issued during the

operational season authorizing each

permittee to take 1 tundra swan per

season.

5. In GMU 23, no more than 300

permits may be issued during the

experimental season. No more than 3

tundra swans permits may be issued per

hunter and permits must be issued

sequentially, one at a time, upon filing

a harvest report. The experimental

season evaluation must adhere to the

guidelines for experimental seasons as

described in the Pacific Flyway

Management Plan for the Western

Population of (Tundra) Swans.

Hawaii

Outside Dates: Between October 1 and

January 31.

Hunting Seasons: Not more than 65

days (75 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 6.

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,
38714 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules

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; scalynaped 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 6.

Closed Seasons: The season is closed

on the ruddy duck, white-cheeked

pintail, West Indian whistling duck,

fulvous whistling duck, and masked

duck.

Special Falconry Regulations

Falconry is a permitted means of

taking migratory game birds in any State

meeting Federal falconry standards in

50 CFR 21.29(k). These States may

select an extended season for taking

migratory game birds in accordance

with the following:

Extended Seasons: For all hunting

methods combined, the combined

length of the extended season, regular

season, and any special or experimental

seasons shall not exceed 107 days for

any species or group of species in a

geographical area. Each extended season

may be divided into a maximum of 3

segments.

Framework Dates: Seasons must fall

between September 1 and March 10.

Daily Bag and Possession Limits:

Falconry daily bag and possession limits

for all permitted migratory game birds

shall not exceed 3 and 6 birds,

respectively, singly or in the aggregate,

during extended falconry seasons, any

special or experimental seasons, and

regular hunting seasons in all States,

including those that do not select an

extended falconry season.

Regular Seasons: General hunting

regulations, including seasons and

hunting hours, apply to falconry in each

State listed in 50 CFR 21.29(k). Regularseason 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

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.
Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules 38715

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 Canada 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, Kent, Queen Annes, St. Marys,

Somerset, Talbot, Wicomico, and

Worcester Counties, and those portions

of Baltimore, Howard, and Prince

George’s Counties east of I–95.

Western Unit—Allegany, Carroll,

Frederick, Garrett, Montgomery, and

Washington Counties, and those

portions of Baltimore, Howard, and

Prince George’s 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

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

Northeast Canada Goose Zone—Cook,

DuPage, Grundy, Kane, Kankakee,

Kendall, Lake, McHenry, and Will

Counties.

North Zone: That portion of the State

outside the Northeast Canada Goose

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.

Central Zone: That portion of the

State outside the Northeast Canada

Goose Zone and south of the North Zone

to a line extending east from the

Missouri border along the Modoc Ferry

route to Modoc Ferry Road, east along

Modoc Ferry Road to Modoc Road,

northeasterly along Modoc Road and St.

Leo’s Road to Illinois Highway 3, north

along Illinois 3 to Illinois 159, north

along Illinois 159 to Illinois 161, east

along Illinois 161 to Illinois 4, north

along Illinois 4 to Interstate Highway 70,

east along I–70 to the Bond County line,

north and east along the Bond County

line to Fayette County, north and east

along the Fayette County line to

Effingham County, east and south along

the Effingham County line to I-70, then

east along I–70 to the Indiana border.

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
38716 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules

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.

Five 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.

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 EarlySeason 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

September Canada Goose Unit—

Brookings, Clark, Codington, Day,

Deuel, Grant, Hamlin, Kingsbury, Lake,

McCook, Moody Counties, and Miner

County east of SD 25, and that portion

of Minnehaha County north and west of

a line beginning at the junction of

County 130 (Renner Road) and the

Minnesota border, then west on County

130 to I–29 and along I–29 to the

Lincoln County line.

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.
Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules 38717

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.

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.

BILLING CODE 4310–55–P
38718 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules

[FR Doc. 98–19124 Filed 7–16–98; 8:45am]

BILLING CODE 4310–55–C