Alaska Duck regulation history help

[Ray]

Someone on here has a coworker that is the former duck guy from Alaska that developed the state's first duck hunting laws. I need to pick that guys brain as to the why of something.

We Alaska duck hunters have a question as to why the Feds determined that Golden eyes would be in the basic duck bag. The Federal regulations for Alaska specifically list sea ducks by species and Golden eyes are not on that list. This defaults them into the basic duck bag. This has been the case for decades it appears.

See page 14 for the 2010 Alaska proposed seasons and bags.
http://edocket.access.gpo.gov/2010/pdf/2010-18256.pdf

I have researched the federal register on-line and found that this determination goes back farther than the electronic record goes. I would have to go to a law library to review older federal registers on micro fiche or something.

The reason I prefer the federal register rather than the CFR books is that there is usually a preample in the published final rule that explains the reasons behind the rules. And thus I am hoping to find the reason GEs are lumped in with mallards rather than where they belong.

 

[tod osier]

Someone on here has a coworker that is the former duck guy from Alaska that developed the state's first duck hunting laws. I need to pick that guys brain as to the why of something.

We Alaska duck hunters have a question as to why the Feds determined that Golden eyes would be in the basic duck bag. The Federal regulations for Alaska specifically list sea ducks by species and Golden eyes are not on that list. This defaults them into the basic duck bag. This has been the case for decades it appears.

See page 14 for the 2010 Alaska proposed seasons and bags.
http://edocket.access.gpo.gov/2010/pdf/2010-18256.pdf

I have researched the federal register on-line and found that this determination goes back farther than the electronic record goes. I would have to go to a law library to review older federal registers on micro fiche or something.

The reason I prefer the federal register rather than the CFR books is that there is usually a preample in the published final rule that explains the reasons behind the rules. And thus I am hoping to find the reason GEs are lumped in with mallards rather than where they belong.

Because a goldeneye is not a seaduck.

 

[Brad Bortner]

Ray

I don't remember when but I can ask Tom and others why. I tend to agree with Tod that most hunters and biologists would consider them a bay duck although Nancy will argue that they are members of the Mergini and therefore a sea duck.

 

[Carl]

As far as I know, GEs are not included in the sea duck bag limit anywhere in the US.
They are considered "normal ducks" everywhere, lumped in with the rest of the divers and puddlers.
Regulation-wise, only scoters, eiders and longtails are considered sea ducks.

Scientifically, some lump them in with sea ducks.
Others lump them in with "bay" divers.

I would put them seperately from sea ducks and bay divers and put them with buffies in the cavity nesting diver category, if there is such a thing!

 

[Ray]

Ray

I don't remember when but I can ask Tom and others why. I tend to agree with Tod that most hunters and biologists would consider them a bay duck although Nancy will argue that they are members of the Mergini and therefore a sea duck.

Nancy....yup
Mergini = sea duck.....yup

I wonder if Ducks Unlimited would be interested in looking into Nancy's "Sea Ducks Unlimited's" infringment of their trademark?

It does not help that the Sea Duck JV lists both GEs as a sea duck.

Nancy is still trying hard to have her bird sanctuary - two more proposals for changes to the regulations again this year. One of them was pretty clear - no duck hunting in front of my house so that I can enjoy my birds. Not paraphrasing much either.

One of the proposed changes almost makes sense unless you know something about waterfowl. However, it would require a change in federal law (moving GEs into the sea duck bag) as well as cause a violation of the State constitution (restricting a residents bag limit if they use a guide).

The Homer board of game committee when told that GE's were left out of the Federally defined sea duck bag for Alaska had no idea that the feds defined the sea duck bag or that GE's were not part of it. The USFWS and ADFG bios working with the BOG committee think that GE's are sea ducks.

Thanks Brad for asking Tom about what he remembers.

 

[Ray]

Regulation-wise, only scoters, eiders and longtails are considered sea ducks.

As defined by the USFWS sea ducks in Alaska include: all scoters, common and king eiders, long tails, harlequins, common and red breasted mergs. Makes me wonder about the few hooded mergs that show up down in Juneau each summer.