§ 20.125 Requirements for States.
(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.