Chapter 7, Subchapter II, Section 704, Subsection (c) · 16 U.S.C. Chapter 7 — PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS

Contents

(c)

(1)

(A)In promulgating regulations under subsection (a) relating to the Federal framework for the closing date up to which the States may select seasons for migratory bird hunting, except as provided in paragraph (2), the Secretary shall, with respect to the hunting season for ducks, mergansers, and coots—

(i)subject to subparagraph (B), adopt the recommendation of each respective flyway council (as defined in section 20.152 of title 50, Code of Federal Regulations) for the Federal framework if the Secretary determines that the recommendation is consistent with science-based and sustainable harvest management; and

(ii)allow the States to establish the closing date for the hunting season in accordance with the Federal framework.

(B)The framework closing date promulgated by the Secretary under subparagraph (A) shall not be later than January 31 of each year.

(2)

(A)Notwithstanding the Federal framework closing date under paragraph (1) and subject to subparagraphs (B) and (C), the Secretary shall allow States to select 2 days for youths and 2 days for veterans (as defined in section 101 of title 38) and members of the Armed Forces on active duty, including members of the National Guard and Reserves on active duty (other than for training), to hunt eligible ducks, geese, swans, mergansers, coots, moorhens, and gallinules, if the Secretary determines that the addition of those days is consistent with science-based and sustainable harvest management. Such days shall be treated as separate from, and in addition to, the annual Federal framework hunting season lengths.

(B)In selecting days under subparagraph (A), a State shall ensure that—

(i)the days selected—

(I)may only include the hunting of duck, geese, swan, merganser, coot, moorhen, and gallinule species that are eligible for hunting under the applicable annual Federal framework;

(II)are not more than 14 days before or after the Federal framework hunting season for ducks, mergansers, and coots; and

(III)are otherwise consistent with the Federal framework; and

(ii)the total number of days in a hunting season for any migratory bird species, including any days selected under subparagraph (A), is not more than 107 days.

(C)A State may combine the 2 days allowed for youths with the 2 days allowed for veterans and members of the Armed Forces on active duty under subparagraph (A), but in no circumstance may a State have more than a total of 4 additional days added to its regular hunting season for any purpose.

(3)The Secretary shall promulgate regulations in accordance with this subsection for the Federal framework for migratory bird hunting for the 2019–2020 hunting season and each hunting season thereafter.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 14

Show every defined term

actual stamp
means a Migratory Bird Hunting and Conservation Stamp required under the Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718a et seq.) that is printed on paper and sold through the means established by the authority of the Secretary immediately before December 18, 2014.
automated licensing system
means an electronic, computerized licensing system used by a State fish and wildlife agency to issue hunting, fishing, and other associated licenses and products.
county
means any county, parish, or organized or unorganized borough.
electronic stamp
means an electronic version of an actual stamp that—
fee area
means any area which was acquired in fee by the United States and is administered, either solely or primarily, by the Secretary through the Service.
hunting year
means the 1-year period beginning on July 1 of each year.
migratory waterfowl
means the species enumerated in paragraph (a) of subdivision 1 of article I of the Convention between the United States and Great Britain for the Protection of Migratory Birds, signed at Washington on August 16, 1916 (USTS 628) (16 U.S.C. 703 et seq.).
native to the United States or its territories
means occurring in the United States or its territories as the result of natural biological or ecological processes.
reserve area
means any area of land withdrawn from the public domain and administered, either solely or primarily, by the Secretary through the Service.
retail dealer
means—
Secretary
means the Secretary of the Interior.
Service
means the United States Fish and Wildlife Service.
State
means—
take
means—