§ 20.123 — Special and experimental seasons.

§ 20.123 Special and experimental seasons.

(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.