Thursday, September 23, 2004 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 20 Migratory Bird Hunting; Final Frameworks for Late-Season Migratory Bird Hunting Regulations; Final Rule VerDate jul<14>2003 15:55 Sep 22, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\23SER2.SGM 23SER2 57140 Federal Register / Vol. 69, No. 184 / Thursday, September 23, 2004 / Rules and Regulations DEPARTMENT OF THE INTERIOR hunting season. The June 9 supplement information on methodologies and also provided detailed information on results, complete copies of the various Fish and Wildlife Service the 2004–05 regulatory schedule and reports are available at the address announced the Service Migratory Bird indicated under ADDRESSES or from our 50 CFR Part 20 Regulations Committee (SRC) and Web site at http:// RIN 1018–AT53 Flyway Council meetings. migratorybirds.fws.gov. On June 23 and 24, we held open meetings with the Flyway Council Review of Public Comments and Migratory Bird Hunting; Final Flyway Council Recommendations Frameworks for Late-Season Migratory Consultants at which the participants Bird Hunting Regulations reviewed information on the current The preliminary proposed status of migratory shore and upland rulemaking, which appeared in the AGENCY: Fish and Wildlife Service, game birds and developed March 22, 2004, Federal Register, Interior. recommendations for the 2004–05 opened the public comment period for ACTION: Final rule. regulations for these species plus migratory game bird hunting regulations for migratory game birds in regulations. The supplemental proposed SUMMARY: The Fish and Wildlife Service Alaska, Puerto Rico, and the Virgin rule, which appeared in the June 9, (Service or we) prescribes final late- Islands, special September waterfowl 2004, Federal Register, discussed the season frameworks from which States seasons in designated States, special sea regulatory alternatives for the 2003–04 may select season dates, limits, and duck seasons in the Atlantic Flyway, duck hunting season. Late-season other options for the 2004–05 migratory and extended falconry seasons. In comments are summarized below and bird hunting seasons. These late seasons addition, we reviewed and discussed numbered in the order used in the include most waterfowl seasons, the preliminary information on the status of March 22 Federal Register document. earliest of which commences on waterfowl as it relates to the We have included only the numbered September 25, 2004. The effect of this development and selection of the items pertaining to late-season issues for final rule is to facilitate the States’ regulatory packages for the 2004–05 which we received written comments. selection of hunting seasons and to regular waterfowl seasons. On July 21, Consequently, the issues do not follow further the annual establishment of the we published in the Federal Register in direct numerical or alphabetical late-season migratory bird hunting (69 FR 43694) a third document order. regulations. specifically dealing with the proposed We received recommendations from frameworks for early-season regulations. DATES: This rule takes effect on all four Flyway Councils. Some In the August 30, 2004, Federal Register September 23, 2004. recommendations supported (69 FR 52970), we published final ADDRESSES: States should send their continuation of last year’s frameworks. frameworks for early migratory bird season selections to: Chief, Division of Due to the comprehensive nature of the Migratory Bird Management, U.S. Fish hunting seasons from which wildlife conservation agency officials from the annual review of the frameworks and Wildlife Service, Department of the performed by the Councils, support for Interior, ms MBSP–4107–ARLSQ, 1849 States, Puerto Rico, and the Virgin Islands selected 2003–04 early-season continuation of last year’s frameworks is C Street, NW., Washington, DC 20240. hunting dates, hours, areas, and limits. assumed for items for which no You may inspect comments during Subsequently, on September 1, 2004, we recommendations were received. normal business hours at the Service’s published a final rule in the Federal Council recommendations for changes office in room 4107, 4501 N. Fairfax Register (69 FR 53564) amending in the frameworks are summarized Drive, Arlington, Virginia. subpart K of title 50 CFR part 20 to set below. FOR FURTHER INFORMATION CONTACT: hunting seasons, hours, areas, and limits 1. Ducks Brian Millsap, Chief, or Ron W. Kokel, for early seasons. Division of Migratory Bird Management, On July 28–29, 2004, we held open Categories used to discuss issues U.S. Fish and Wildlife Service, (703) meetings with the Flyway Council related to duck harvest management are: 358–1714. Consultants, at which the participants (A) Harvest Strategy Considerations, (B) SUPPLEMENTARY INFORMATION: reviewed the status of waterfowl and Regulatory Alternatives, (C) Zones and Split Seasons, and (D) Special Seasons/ Regulations Schedule for 2004 developed recommendations for the 2004–05 regulations for these species. Species Management. The categories On March 22, 2004, we published in On August 24, 2004, we published in correspond to previously published the Federal Register (69 FR 13440) a the Federal Register (69 FR 52128) the issues/discussion, and only those proposal to amend 50 CFR part 20. The proposed frameworks for the 2004–05 containing substantial recommendations proposal provided a background and late-season migratory bird hunting are discussed below. overview of the migratory bird hunting regulations. This document establishes A. Harvest Strategy Considerations regulations process, and dealt with the final frameworks for late-season establishment of seasons, limits, the migratory bird hunting regulations for Council Recommendations: The proposed regulatory alternatives for the the 2004–05 season. We will publish Atlantic, Central, and Pacific Flyway 2004–05 duck hunting season, and other State selections in the Federal Register Councils and the Upper- and Lower- regulations for migratory game birds as amendments to §§ 20.101 through Regulations Committees of the under §§ 20.101 through 20.107, 20.109, 20.107, and § 20.109 of title 50 CFR part Mississippi Flyway Council and 20.110 of subpart K. On June 9, 20. recommended the adoption of the 2004, we published in the Federal ‘‘liberal’’ regulatory alternative, with the Register (69 FR 32418) a second Population Status and Harvest exception of some specific bag limits document providing supplemental A brief summary of information on described below in section 1.D. Special proposals for early- and late-season the status and harvest of waterfowl Seasons/Species Management. More migratory bird hunting regulations excerpted from various reports was specifically, recommendations frameworks and the regulatory included in the August 24 supplemental concerned sections iii. Black Ducks, iv. alternatives for the 2004–05 duck proposed rule. For more detailed Canvasbacks, and v. Pintails. VerDate jul<14>2003 15:55 Sep 22, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\23SER2.SGM 23SER2 Federal Register / Vol. 69, No. 184 / Thursday, September 23, 2004 / Rules and Regulations 57141 Service Response: The Service is closed days must be consecutive, except Bag Limit’’ (described in the August 19, continuing development of an AHM that 1 split is allowed. 2003, Federal Register (68 FR 50016)). protocol that would allow hunting Service Response: Last fall the Service However, until the ‘‘Hunter’s Choice regulations to vary among Flyways in a began working with the Atlantic Flyway Bag Limit’’ becomes available, the manner that recognizes each Flyway’s Council and others to develop Council recommends a 39-day season unique breeding-ground derivation of assessment procedures that could be with a 1-bird daily bag limit, which may mallards. For the 2004 hunting season, used to better inform black duck harvest be split according to applicable zones/ we believe that the prescribed management in the United States. These split duck hunting configurations regulatory choice for the Mississippi, procedures were intended to help the approved for each State. Central, and Pacific Flyways should Service assess the biological Service Response: Based on regulatory continue to depend on the status of implications of any proposed changes to actions in recent years and midcontinent mallards and that the hunting regulations, as well as recommendations from the Flyway regulatory choice for the Atlantic complement the ongoing effort to Councils, the canvasback harvest Flyway should continue to depend on develop an international program for the strategy was modified this year in the the status of eastern mallards. adaptive management of black duck July 21 Federal Register to allow partial For the 2004 hunting season, the harvests. Based on one phase of this seasons within the regular duck season. Service is continuing to utilize the same assessment framework, historical The modification allows a canvasback regulatory alternatives as those used last harvest rates of black ducks generally season length equal to that of the year. The nature of the restrictive, have been consistent with the dual ‘‘restrictive’’ AHM regulatory alternative moderate, and liberal alternatives has management objectives of maximizing if a full season is not supported, but the remained essentially unchanged since sustainable harvest and attaining the reduced harvest from the restricted 1997, except that extended framework