Migratory bird hunting: Seasons, limits, and shooting hours; establishment, etc.,

[Federal Register: July 17, 2003 (Volume 68, Number 137)]

[Proposed Rules]

[Page 42545-42561]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr17jy03-33]

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Part IV

Department of the Interior

Fish and Wildlife Service

50 CFR Part 20

Migratory Bird Hunting; Proposed Frameworks for Early-Season Migratory Bird Hunting Regulations; Notice of Meetings; Proposed Rule

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AI93

Migratory Bird Hunting; Proposed Frameworks for Early-Season Migratory Bird Hunting Regulations; Notice of Meetings

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; supplemental.

SUMMARY: The U.S. Fish and Wildlife Service (hereinafter Service or we) is proposing to establish the 2003-04 early-season hunting regulations for certain migratory game birds. We annually prescribe 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 may open as early as September 1, and include seasons in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands. These frameworks are necessary to allow State selections of specific final seasons and limits and to allow recreational harvest at levels compatible with population status and habitat conditions.

DATES: The Service Migratory Bird Regulations Committee will meet to consider and develop proposed regulations for late-season migratory bird hunting and the 2004 spring/summer migratory bird subsistence seasons in Alaska on July 30 and 31, 2003. All meetings will commence at approximately 8:30 a.m. You must submit comments on the proposed migratory bird hunting-season frameworks for Alaska, Hawaii, Puerto Rico, the Virgin Islands, and other early seasons by July 30, 2003, and for the forthcoming proposed late-season frameworks and subsistence hunting seasons in Alaska by August 30, 2003.

ADDRESSES: The Service Migratory Bird Regulations Committee will meet in room 200 of the U.S. Fish and Wildlife Service's Arlington Square Building, 4401 N. Fairfax Drive, Arlington, Virginia. Send your comments on the proposals to the Chief, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, Department of the Interior, ms MBSP-4107-ARLSQ, 1849 C Street, NW., Washington, DC 20240. All comments received, including names and addresses, will become part of the public record. You may inspect comments during normal business hours at the Service's office in room 4107, 4501 N. Fairfax Drive, Arlington, Virginia.

FOR FURTHER INFORMATION CONTACT: Brian Millsap, Chief, or Ron W. Kokel, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, (703) 358-1714.

SUPPLEMENTARY INFORMATION:

Regulations Schedule for 2003

On May 6, 2003, we published in the Federal Register (68 FR 24324) a proposal to amend 50 CFR part 20. The proposal provided a background and overview of the migratory bird hunting regulations process, and dealt with the establishment of seasons, limits, the proposed regulatory alternatives for the 2003-04 duck hunting season, and other regulations for migratory game birds under Sec. Sec. 20.101 through 20.107, 20.109, and 20.110 of subpart K. On June 23, 2003, we published in the Federal Register (68 FR 37362) a second document providing supplemental proposals for early- and late-season migratory bird hunting regulations frameworks and the regulatory alternatives for the 2003-04 duck hunting season. The June 23 supplement also provided detailed information on the 2003-04 regulatory schedule and announced the Service Migratory Bird Regulations Committee (SRC) and Flyway Council meetings.

This document, the third in a series of proposed, supplemental, and final rulemaking documents for migratory bird hunting regulations, deals specifically with proposed frameworks for early-season regulations. It will lead to final frameworks from which States may select season dates, shooting hours, and daily bag and possession limits for the 2003-04 season. We have considered all pertinent comments received through June 27, 2003, on the May 6 and June 23, 2003, rulemaking documents 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. We will publish final regulatory frameworks for early seasons in the Federal Register on or about August 20, 2003.

Service Migratory Bird Regulations Committee Meetings

Participants at the June 18-19, 2003, meetings reviewed information on the current status of migratory shore and upland game birds and developed 2003-04 migratory game bird regulations recommendations for these species plus regulations for migratory game birds in Alaska, Puerto Rico, and the U.S. Virgin Islands; special September waterfowl seasons in designated States; special sea duck seasons in the Atlantic Flyway; and extended falconry seasons. In addition, we reviewed and discussed preliminary information on the status of waterfowl. Participants at the previously announced July 30-31, 2003, meetings will review information on the current status of waterfowl and develop recommendations for the 2003-04 regulations pertaining to regular waterfowl seasons and other species and seasons not previously discussed at the early-season meetings. In accordance with Department of the Interior policy, these meetings are open to public observation and you may submit written comments to the Director of the Service on the matters discussed.

Population Status and Harvest

The following paragraphs provide preliminary information on the status of waterfowl and information on the status and harvest of migratory shore and upland game birds.

May Breeding Waterfowl and Habitat Survey

Habitat conditions for breeding waterfowl have improved over last year in the prairie survey areas, except for eastern South Dakota. Most prairie areas had warm temperatures and plenty of rain this spring. Two areas of dramatic improvement over the past several years were south- central Alberta and southern Saskatchewan, where conditions went from poor to good after much-needed precipitation relieved several years of drought. Other areas in the prairies also improved in condition over 2002, but to a lesser extent. However, years of dry conditions in parts of the United States and Canadian prairies, combined with agricultural practices, have lessened the quality and quantity of residual nesting cover and over-water nest sites in many regions. This could potentially limit production for both dabbling and diving ducks, if the warm spring temperatures and good moisture of 2003 does not result in rapid growth of new cover. Eastern South Dakota was the one area of the prairies where wetland habitat conditions were generally worse than last year, mostly due to low soil moisture, little winter precipitation, and no significant rainfall in April. By the time this region received several inches of rain in May, most birds probably had overflown the area to wetter conditions in other regions to the north and west.

In the northwestern survey areas, habitat was in generally good condition and most areas had normal water levels. The exception was northern Manitoba, where low water levels in small streams

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and beaver ponds resulted in overall breeding habitat conditions that were only fair. Warm spring temperatures arrived much earlier this year than the exceptionally late spring last year. However, a cold snap in early May could have hurt early-nesting species such as mallards and pintails, particularly in the northern Northwest Territories.

Habitat conditions in the eastern survey area ranged from excellent to fair. In the southern and western part of this survey area, water and nesting cover were plentiful and temperatures were mild this spring.

Habitat quality decreased to the north, especially in northern and western Quebec, where many shallow marshes and bogs were either completely dry or reduced to mudflats. Beaver-pond habitat was also noticeably less common than normal. To the east in Maine and most of the Maritime provinces, conditions were excellent, with adequate water, vegetation, and warm spring temperatures.

Status of Teal

Breeding population estimates for blue-winged teal from surveyed areas total 5.5 million blue-winged teal, which is above the 4.7 million needed to trigger the 16-day teal season in the Central and Mississippi Flyways, and the 3.3 million needed to trigger the 9-day teal season in the Atlantic Flyway.

Sandhill Cranes

The Mid-Continent Population of Sandhill Cranes has generally stabilized at comparatively high levels, following increases in the 1970s. The Central Platte River Valley, Nebraska, spring index for 2003, uncorrected for visibility, was 316,676 cranes. The most recent photo-corrected 3-year average (for 2000-2002) was 375,875, which is within the established population-objective range of 343,000-465,000 cranes. All Central Flyway States, except Nebraska, allowed crane hunting in portions of their respective States in 2002-03. About 8,800 hunters participated in these seasons, which was 10 percent higher than the number participating in the previous year. An estimated 16,650 cranes were harvested in the Central Flyway during 2001-02 seasons, which was 11% higher than the previous year's estimate. Retrieved harvests in the Pacific Flyway, Canada, and Mexico were estimated to be about 11,650 cranes for the 2002-03 period. The total North American sport harvest, including crippling losses, was estimated at 31,830, which is similar to the previous year's estimate. The long-term trend analysis for the Mid-Continent Population during 1982-2000 indicates that harvests have been increasing at a higher rate than the trend in population growth over the same period.

The fall 2002 pre-migration survey estimate for the Rocky Mountain Population of sandhill cranes was 18,803, which was 12% higher than the previous year's estimate of 16,559. Limited special seasons were held during 2002 in portions of Arizona, Idaho, Montana, New Mexico, Utah, and Wyoming, resulting in a harvest of 639 cranes, which is 29% below the previous year's record high harvest of 898 cranes.

Woodcock

Singing-Ground and Wing-Collection Surveys were conducted to assess the population status of the American woodcock (Scolopax minor). Singing-Ground Survey data for 2003 indicate that the numbers of displaying woodcock in the Eastern and Central Regions were unchanged from 2002 (P0.10); although the point estimates of the trends were higher. Trends from the Singing-Ground Survey during 1993- 2003 were -1.3 and -1.6 percent change per year for the Eastern and Central regions, respectively (P