Let me post the actual seadduck regulations for the Atlantic Flyway for the 2016-17 season.
Scoters, Eiders, and Long-tailed Ducks
Special Sea Duck Seasons:
Connecticut, Delaware, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Rhode Island, South Carolina, and Virginia may select a Special Sea Duck Season in designated Special Sea Duck Areas. If a Special Sea Duck Season is selected, scoters, eiders, and long-tailed ducks may be taken in the designated Special Sea Duck Area(s) only during the Special Sea Duck Season dates; scoter, eiders, and long-tailed ducks may be taken outside of Special Sea Duck Area(s) during the regular duck season, in accordance with the frameworks for ducks, mergansers, and coots specified above.
Outside Dates: Between September 15 and January 31.
Special Sea Duck Seasons and Daily Bag Limits: 60 consecutive hunting days, or 60 days that are concurrent with the regular duck season, with a daily bag limit of 5, singly or in the aggregate, of the listed sea duck species, including no more than 4 scoters, 4 eiders, and 4 long-tailed ducks. Within the special sea duck areas, during the regular duck season in the Atlantic Flyway, States may choose to allow the above sea duck limits in addition to the limits applying to other ducks during the regular season. In all other areas, sea ducks may be taken only during the regular open season for ducks and are part of the regular duck season daily bag (not to exceed 4 scoters, 4 eiders, and 4 long-tailed ducks) and possession limits.
Special Sea Duck Areas: In all coastal waters and all waters of rivers and streams seaward from the first upstream bridge in Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, and New York; in New Jersey, all coastal waters seaward from the International Regulations for Preventing Collisions at Sea (COLREGS) Demarcation Lines shown on National Oceanic and Atmospheric Administration (NOAA) Nautical Charts and further described in 33 CFR 80.165, 80.501, 80.502, and 80.503; in any waters of the Atlantic Ocean and in any tidal waters of any bay that are separated by at least 1 mile of open water from any shore, island, and emergent vegetation in South Carolina and Georgia; and in any waters of the Atlantic Ocean and in any tidal waters of any bay that are separated by at least 800 yards of open water from any shore, island, and emergent vegetation in Delaware, Maryland, North Carolina, and Virginia; and provided that any such areas have been described, delineated, and designated as special sea duck hunting areas under the hunting regulations adopted by the respective States.
And the rationale used by the FWS.
Service Response: We agree with the Atlantic Flyway Council’s recommendations to reduce the harvest of sea ducks. The recent Sea Duck Harvest Potential Assessment indicates that the likelihood of overharvest of scoter, Atlantic common eider, and long-tailed duck populations ranges from 48 percent (Eastern black scoter) to 95 percent (long-tailed duck) under current regulations. Further, sea ducks have a low reproduction rate, but a high longevity of adults. As such, hunting mortality is almost entirely additive. One of the incentives for sea duck hunting has been the opportunity for hunters to achieve a high daily bag limit (7 ducks). The Atlantic Flyway Council believes, and we concur, that reducing the general daily bag limit to 5 will reduce that incentive, but still allow special sea duck hunting opportunity. The recommended changes in season length, daily bag limits, and area restrictions are expected to achieve a harvest reduction of approximately 25 percent.
Regarding the commenters’ request that we continue to allow hunters to take other ducks in addition to sea ducks in the special sea duck area when both seasons are open, we concur. We examined records of individual duck hunts from 2005–2014 that hunters reported to the annual Federal harvest surveys. Those records indicate that less than 1 percent of the reported daily duck bags that included sea ducks would have been illegal under our previous proposed change. Thus, reverting back to the status quo on this specific aspect from our previously identified proposed change would likely have minimal impact on the harvest of either sea ducks or other duck species while also removing any perceptions of additional regulatory complexity or unnecessary loss of hunting opportunities.
A copy of the sea duck harvest potential assessment is available at the address indicated under FOR FURTHER INFORMATION CONTACT, or from our website at
http://www.fws.gov/migratorybirds/NewsPublicationsReports.html.
If you want me to decode the government speak, it says that the FWS and States in the Atlantic Flyway all believe that sea ducks are having a tough time. While the root cause may not be hunting. Most likely it is predation on hens, ducklings and eggs by gulls, eagles, and introduced mammalian predators on nesting islands and surrounding waters. However, while they are looking into those factors, hunting causes additional mortality and is contributing to the problem. Therefore, they felt that reducing the special opportunity on sea ducks was appropriate. These species have a low potential for growth (long lives, small clutches or eggs; i.e., they are not mallards or teal). Maximizing adult survival and maintaining annual recruitment are key to maintaining stable populations.