(a) The taking, possession, transportation, and other uses of migratory birds is prohibited unless it is specifically provided for in regulations developed in accordance with the Migratory Bird Treaty Act. Consequently, migratory game bird hunting is prohibited except as authorized in regulations in this part and in accordance with the authorization conditions (see § 20.107 for a definition) for State and Tribal migratory bird hunting regulations.

(b) Authorization conditions will be based on data including, but not limited to, migratory game bird population status and trends, habitat conditions, and anticipated harvest. The authorization conditions will be periodically adjusted to account for bird abundance and other biological factors.

(c) In the Atlantic Flyway States of Connecticut, Maine, Maryland, Massachusetts, New Jersey, North Carolina, and Pennsylvania, if Sunday hunting of migratory game birds is prohibited statewide by State law or regulation, all Sundays are closed to the take of all migratory game birds.

For the purpose of this subpart, the following terms will be construed, respectively, to mean and to include:

Area means a federally established geographic boundary within which migratory game bird hunting may occur.

Authorization conditions means the selected Federal regulatory alternatives from our decision frameworks within which States and Tribes may establish regulations for the seasonal hunting of migratory game birds in accordance with Federal regulations.

(1) The selected regulatory alternatives may change periodically based on the status of populations and environmental conditions and will include the regulatory parameters most directly related to maintaining harvests at levels compatible with a game bird population's ability to be self-sustaining.

(2) Authorization conditions specify the bracket dates, season lengths, shooting hours, bag and possession limits, areas where hunting may occur, and other restrictions, conditions, and requirements associated with the seasonal hunting of migratory game birds.

Bracket dates means the earliest and latest dates for migratory game bird hunting open seasons.

Decision framework means a structured set of procedures, rules, models, and information criteria for selecting the appropriate authorization conditions from a fixed set of regulatory alternatives, each with a different expected harvest level, based on the harvest management objectives and status, demographics, and environmental conditions of the applicable migratory game bird population. Decision frameworks used by the Service are based on the U.S. Code and Code of Federal Regulations or published in the Federal Register as a final rule.

Flyway means a geographically bounded administrative region.

(1) Atlantic Flyway is 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.

(2) Mississippi Flyway is Alabama, Arkansas, Illinois, Indiana, Iowa, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Ohio, Tennessee, and Wisconsin.

(3) Central Flyway is 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).

(4) Pacific Flyway is Arizona, California, Idaho, Nevada, Oregon, Utah, Washington, and those portions of Colorado, Montana, New Mexico, and Wyoming not included in the Central Flyway.

Flyway Council means the representatives from each State within that Flyway. Additionally, representatives from Puerto Rico and the U.S. Virgin Islands are included in the Atlantic Flyway Council, and representatives from Alaska are included in the Pacific Flyway Council.

(1) The Council recommends actions necessary for science-based and sustainable harvest management of migratory birds to the Service.

(2) The Flyway Councils are advised by the Flyway technical committees, which evaluate population and habitat information and make recommendations to the Councils on matters of migratory bird conservation.

Hunting permit means a federally authorized, State-issued license authorizing specific limited take for hunting migratory game birds, valid only for the individual whose name and address appears on the authorization.

Migratory Game Bird Hunting Memorandum means the policy memorandum that sets forth and communicates the authorization conditions within which States and Tribes may establish regulations for the seasonal hunting of migratory game birds in accordance with Federal regulations.

Season length means the maximum number of days hunting may occur within the bracket dates for migratory game bird hunting seasons.

Season segment means a consecutive-day period within the total season length for migratory game bird hunting seasons.

Service Migratory Bird Regulations Committee means the Service Migratory Bird Regulations Committee (Service Regulations Committee or SRC), which is responsible for considering recommendations from the Service and Flyway Councils and recommending authorization conditions and modifications to decision frameworks and migratory game bird hunting regulations to the Director of the Service.

Zone means a geographic contiguous boundary for which an independent hunting season for a species or group of species may be established to distribute hunting opportunities and harvests according to temporal, geographic, and demographic variability in game bird populations. Zones are established by States and approved by the Service.

Zone and split-season configurations means an alternative combination of zones and season segments that a State may use for duck and dove hunting in a 5-year period, as provided in § 20.115.

Beginning September 1, 1991, the contiguous 48 United States, and the States of Alaska and Hawaii, the Territories of Puerto Rico and the Virgin Islands, and the territorial waters of the United States, are designated for the purpose of § 20.21(j) as nontoxic shot zones for hunting waterfowl, coots, and certain other species. “Certain other species” refers to those species, other than waterfowl or coots, that are affected by reason of being included in aggregate bags and concurrent seasons.

(a) In accordance with 50 CFR 21.82, falconry is a permitted means of taking migratory game birds in any State except for Hawaii. General hunting regulations, including seasons and shooting hours, apply to falconry.

(b) States and Tribes may establish an extended season for taking migratory game birds in accordance with the following:

(1) Bracket dates: September 1-March 10.

(2) Season lengths: For all hunting methods combined, the combined length of the extended season, regular season, and any special or experimental seasons must not exceed 107 days for any species or group of species in a geographical area. Each extended season may be split into three segments.

(3) Daily bag limits: Falconry daily bag limits for all permitted migratory game birds must not exceed 3 birds in the aggregate during extended falconry seasons, any special or experimental seasons, and regular hunting seasons in each State or Tribe, including those that do not establish an extended falconry season. Regular season bag limits do not apply to falconry. The falconry bag limit is not in addition to shooting limits.

(4) Hawking hours: One-half hour before sunrise until sunset except as otherwise restricted by State or Tribal regulations.

(a) Tribal sovereignty. The Service recognizes Tribal sovereignty to exercise reserved hunting rights and, for some Tribes, recognition of their authority to regulate hunting by both Tribal and nontribal members on their reservation. Accordingly, Tribes may independently establish special (separate from the State or States in which the reservation is located) migratory game bird hunting regulations. Migratory birds may be taken if the take is consistent with the regulations in this section and applicable Tribal hunting regulations.

(b) Applicability. Special Tribal migratory game bird hunting regulations may be established by Tribes that have reserved hunting rights on Federal Indian reservations (including off-reservation trust lands) and ceded lands. These regulations also may be applied to the establishment of migratory game bird hunting regulations for nontribal members on all lands within the reservations where Tribes have full wildlife-management authority over such hunting, or where the Tribes and affected States otherwise have reached agreement over hunting by nontribal members on non-Indian lands within the reservation.

(c) Special regulations. Special Tribal migratory game bird hunting regulations must be consistent with the annual March 11 to August 31 closed season mandated by the 1916 Convention Between the United States and Great Britain (for Canada) for the Protection of Migratory Birds, as amended by the Protocol Between the Government of Canada and the Government of the United States of America Amending the 1916 Convention Between the United Kingdom and the United States of America for the Protection of Migratory Birds in Canada and the United States, and with these provisions:

(1) Tribes may establish on-reservation hunting regulations, for both Tribal and nontribal members, with hunting seasons that may differ from those in the State(s) in which the reservations are located.

(i) Regulations for both Tribal and nontribal members: Opening and closing dates, season length, and daily bag and possession limits for nontribal members on the reservations must be within the authorization conditions for migratory game bird hunting, and all Federal hunting regulations in this part also apply to nontribal hunters. Tribes may choose to set the same opening and closing dates, season length, and daily bag and possession limits for hunting by Tribal members and nontribal members on their reservations, or, in accordance with the provisions in paragraph (c)(1)(ii) of this section, Tribes may choose to establish regulations for Tribal members only.

(ii) Regulations for Tribal members only: Tribes may establish on-reservation hunting regulations by Tribal members only, with hunting regulations that may differ from the authorization conditions for bracket dates, season length, and daily bag and possession limits. All Federal hunting regulations in this part apply.

(A) For a short-term experimental hunting season, a Tribe and the Service may formally agree on allowed methods of take, notwithstanding the regulations in § 20.21, for on-reservation and ceded lands hunting by Tribal members. The Service will make public any such formal agreement.

(B) A Tribe that would like to make an additional hunting method operational would need to provide data to the Service for consideration. If the Service agrees with the Tribe's proposal, the Service will conduct rulemaking to amend the regulations in this part to allow Tribal members to use the additional hunting method.

(2) Tribes may establish off-reservation hunting regulations by Tribal members on ceded lands, with hunting seasons that may differ from the authorization conditions for season dates, season length, and daily bag and possession limits.

(d) Provisions for ceded lands. Tribes that have special migratory game bird hunting regulations for Tribal members on ceded lands must send a copy of the Tribal regulations to officials in the affected State(s) as soon as reasonably possible prior to the season opening.

Below are the alternative combinations of zones and season segments that a State may use for duck and dove hunting in a 5-year period. The SRC may approve a deviation from the 5-year period length for all four flyways.

(a) Duck hunting zone and split-season configurations include:

(1) One zone (same as no zones) with up to three season segments;

(2) Two zones with up to two season segments in each zone;

(3) Two zones with up to three season segments in each zone;

(4) Three zones with up to two season segments in each zone; or

(5) Four zones with a continuous season (i.e., no segments) in each zone.

(b) Dove hunting zone and split-season configurations include:

(1) One zone (same as no zones) with up to three season segments; or

(2) Two zones with up to three season segments in each zone, except in the Western Management Unit where the season in one or both zones may be split into two segments.

For the general duck season authorization conditions, each Flyway has four possible regulatory alternatives (closed, restrictive, moderate, and liberal), each with a different expected harvest level. The open season alternatives are specified as:

(a) Atlantic Flyway:

(b) Mississippi Flyway:

(c) Central Flyway:

(d) Pacific Flyway, except Alaska:

(e) Alaska:

(f) Shooting and hawking hours are from one-half hour before sunrise to sunset daily.

(g) In the Central Flyway High Plains Mallard Management Unit, the season length may be extended 12 additional days in the restrictive alternative and 23 additional days in the moderate and liberal alternatives; additional days must be on or after the Saturday nearest December 10.

(h) In the Pacific Flyway Columbia Basin Mallard Management Unit, the season length may be extended 7 additional days in the restrictive and moderate alternatives.

(i) Additional species-specific restrictions may be established in the authorization conditions.

(j) Duck season regulatory alternatives are fixed for a period of not less than 5 years.

(a) The authorization conditions will be determined using available biological and habitat information and decision frameworks. A list of current decision frameworks is posted on the Service's website with the Migratory Game Bird Hunting Memorandum. The Service will apply available biological and habitat information to the relevant decision framework for that species and will announce the outcomes as the authorization conditions within which States and Tribes may establish their migratory game bird hunting regulations in accordance with the regulations in this part and other applicable Federal regulations.

(b) Consistent with the Migratory Bird Treaty Act, the authorization conditions for any migratory game bird season must:

(1) Not start prior to September 1;

(2) Not end after March 10, except the season for ducks, mergansers, and coots may not end later than January 31 (16 U.S.C. 704(c)(1)(B)); and

(3) Not exceed 107 days.

(c) The Service and Flyway Councils may establish decision frameworks for the determination of authorization conditions that are more restrictive than the provisions in the Migratory Bird Treaty Act.

(a) The Service will communicate the authorization conditions in the Migratory Game Bird Hunting Memorandum. The memorandum and any supporting documentation will be made publicly available in the Federal Register through a notice of availability and posted on the Service's website.

(b) The Service may update the Migratory Game Bird Hunting Memorandum and notice of availability annually if changes are prescribed by decision frameworks. Updates would occur no later than February 28 of each calendar year. If the Service does not issue a new memorandum and notice of availability by February 28, then the authorization conditions in the most recent memorandum will remain in effect.

(c) The notice of availability will open a public comment period of not less than 30 days. The Service may revise the Migratory Game Bird Hunting Memorandum based on public comment and, if so, the revised memorandum will be made publicly available in the Federal Register through a notice of availability and posted on the Service's website.

(a) Special seasons authorize additional hunting opportunity outside the regular season but within the 107-day limit mandated by the MBTA. Special seasons are authorized to promote harvest of underutilized species, address overabundance of nuisance species, or provide special hunting opportunities. Experimental seasons are authorized to evaluate expansion of regular and special seasons to new areas, evaluate use of zones and splits, or evaluate alternative seasons.

(b) Special or experimental season requests may be made by the Flyway Council(s) or requested by a State. Requests must be submitted by September 1 prior to the requested hunting season. If the Service approves a special or experimental season, it will be authorized in the Migratory Game Bird Hunting Memorandum.

(c) To approve special and experimental seasons, the Service must find:

(1) The Flyway Council(s) where the hunting will take place endorse the special or experimental season;

(2) Species migration and distribution provide sufficient hunting opportunity outside the regular season;

(3) There is no or negligible impact to nontarget species; and

(4) Authorizations are consistent with existing environmental compliance determinations.

(d) Approved experimental seasons may be valid for up to 5 years, after which a new request must be submitted. The Service may require implementing States to collect data for at least 3 years to assess the environmental effects of special or experimental seasons, including effects on target and nontarget species.

(a) States may authorize migratory game bird hunting provided the State establishes hunting regulations in accordance with Federal authorization conditions and regulations. State hunting regulations must be at least as restrictive as the Federal authorization conditions and regulations. Hunting that occurs outside the State regulations or Federal authorization conditions and regulations constitutes a violation of Federal law pursuant to § 20.71.

(b) No later than May 31 of each calendar year, States must submit their proposed migratory game bird hunting regulations implementing the Federal authorization conditions to the Service's Migratory Bird Program for review.

(c) Areas and zones for which open seasons are specified in a State's hunting regulations must be described, delineated, and designated as such in each State's hunting regulations, and these areas must also be included in the Migratory Game Bird Hunting Memorandum.

(d) Unless otherwise specified, States may establish hunting seasons by zones as defined in § 20.107. Zones for certain duck seasons (and associated youth and veterans-active military waterfowl hunting days, gallinule seasons, and snipe seasons) and dove seasons must comply with Federal zone and split-season configurations. Changes among configurations may occur in the first year of the 5-year period that it would apply and according to the following guidelines:

(1) States seeking to change their duck or dove hunting zone and split-season configuration selection must provide their selection and zone descriptions to the Service by August 31 of the year prior to the 5-year interval during which they would apply.

(2) States with approved special case arrangements to change their zone and split-season configuration must conform to the current configurations and may not revert to the special case arrangements that they previously had in place.

(3) Only minor (less than one county in size) zone boundary changes will be allowed for any special case arrangement, and such changes are allowed only in the first year of the 5-year period during which it would apply.

(4) Minor (less than one county in size) zone boundary changes may be allowed for any State to resolve law enforcement or other boundary clarification issues resulting from implication of a new configuration. Changes will be evaluated on a case-by-case basis and must be approved by the respective Flyway Council and the Service Migratory Bird Regulations Committee.

(5) Consideration of changes for management-unit boundaries is not subject to the guidelines and provisions governing the use of zones and split seasons for ducks and doves.

(d) States may issue hunting permits for migratory game bird hunting at levels predicted to result in the amount of take authorized by the authorization conditions. Federally authorized, State-issued hunting permits are valid only for the individual whose name and address appears on the hunting permit and must specify a take authorization.

(e) States may select 2 days per duck-hunting zone, designated as “Youth Waterfowl Hunting Days,” and 2 days per duck-hunting zone, designated as “Veterans and Active Military Personnel Waterfowl Hunting Days,” in addition to their regular duck seasons.

(1) The days may be held concurrently or may be nonconsecutive. Days may be held up to 14 days before or after any regular duck-season bracket dates in the authorization conditions or within any split of a regular duck season, or within any other open season on migratory game birds. Youth Waterfowl Hunting Days must be held outside any regular duck season on weekends, holidays, or other non-school days when youth hunters would have the maximum opportunity to participate.

(2) Youth hunters must be younger than 18 years of age. States may specify a more restrictive age definition. An adult 18 years of age or older must accompany the youth hunter into the field. This adult may not duck hunt but may participate in other seasons that are open on the special youth day. Permitted species may be taken only by participants possessing applicable hunting permits.

(3) Veterans (as defined in 38 U.S.C. 101) and members of the U.S. Armed Forces on active duty, including members of the National Guard and Reserves on active duty (other than for training), may participate. Permitted species may be taken only by participants possessing applicable hunting permits.

(a) Any individual hunting must comply with the regulations in this part, Federal authorization conditions, and any applicable State or Tribal hunting regulations. Violation of any applicable Federal, State, Tribal, or local law or regulation is a violation of Federal law pursuant to § 20.71 and § 20.72.

(b) Any individual hunting under a federally authorized, State-issued hunting permit must adhere to the provisions of the hunting permit, Federal regulations, and State regulations. The hunting permit must be carried by the permittee when exercising the provisions of the hunting permit and must be presented to any law enforcement officer upon request. The hunting permit specifies the individual's name and address. The hunting permit is not transferable or assignable to any other person, and may not be sold, bartered, traded, or otherwise provided to any other person. The hunting permit will be invalid if it is altered or defaced in any way.

(a) Purpose. The Service Migratory Bird Regulations Committee (Service Regulations Committee or SRC) is responsible for considering recommendations from the Service and Flyway Councils and recommending authorization conditions and modifications to decision frameworks and regulations for migratory game bird hunting to the Director of the Service.

(b) Notice of meetings. Some SRC meetings may be attended by any person outside the Department of the Interior. Notices of these meetings will be published on the Service's Migratory Bird Program website at least 2 weeks before the meeting. The notice will state the time, place, and general subject(s) of the meeting, as well as the extent of public involvement such as observation, written comment, or participation. Minutes will be maintained for each meeting of the SRC for which notice is published.

(c) Public observation and written comment. Each meeting of the SRC for which notice is published will be open to the public for observation, and the public may submit written comments to the Service's Migratory Bird Program at least 1 week prior to the meeting.

Notice of each meeting of a Flyway Council to be attended by any official of the Department of the Interior will be announced online on the Service's Migratory Bird Program website at least 2 weeks before the meeting or as soon as practicable after the Department of the Interior learns of the meeting. The notice will state the time, place, and general subject(s) of the meeting.