Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2006-07 Early Season, 55076-55085 [E6-15564]
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Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Rules and Regulations
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018–AU42
Migratory Bird Hunting; Migratory Bird
Hunting Regulations on Certain
Federal Indian Reservations and
Ceded Lands for the 2006–07 Early
Season
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
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AGENCY:
SUMMARY: This rule prescribes special
early season migratory bird hunting
regulations for certain tribes on Federal
Indian reservations, off-reservation trust
lands, and ceded lands. This responds
to tribal requests for U.S. Fish and
Wildlife Service (hereinafter Service or
we) recognition of their authority to
regulate hunting under established
guidelines. This rule allows the
establishment of season bag limits and,
thus, harvest at levels compatible with
populations and habitat conditions.
DATES: This rule takes effect on
September 1, 2006.
ADDRESSES: You may inspect comments
received on the proposed special
hunting regulations and tribal proposals
during normal business hours in room
4107, Arlington Square Building, 4501
N. Fairfax Drive, Arlington, Virginia.
FOR FURTHER INFORMATION CONTACT: Ron
W. Kokel, Division of Migratory Bird
Management, U.S. Fish and Wildlife
Service, (703/358–1967).
SUPPLEMENTARY INFORMATION: The
Migratory Bird Treaty Act (MBTA) of
July 3, 1918 (40 Stat. 755; 16 U.S.C. 703
et seq.), authorizes and directs the
Secretary of the Department of the
Interior, having due regard for the zones
of temperature and for the distribution,
abundance, economic value, breeding
habits, and times and lines of flight of
migratory game birds, to determine
when, to what extent, and by what
means such birds or any part, nest, or
egg thereof may be taken, hunted,
captured, killed, possessed, sold,
purchased, shipped, carried, exported,
or transported.
In the August 17, 2006, Federal
Register (71 FR 47461), we proposed
special migratory bird hunting
regulations for the 2006–07 hunting
season for certain Indian tribes, under
the guidelines described in the June 4,
1985, Federal Register (50 FR 23467).
The guidelines respond to tribal
requests for Service recognition of their
reserved hunting rights, and for some
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tribes, recognition of their authority to
regulate hunting by both tribal members
and nonmembers on their reservations.
The guidelines include possibilities for:
(1) On-reservation hunting by both
tribal members and nonmembers, with
hunting by nontribal members on some
reservations to take place within Federal
frameworks but on dates different from
those selected by the surrounding
State(s);
(2) On-reservation hunting by tribal
members only, outside of usual Federal
frameworks for season dates and length,
and for daily bag and possession limits;
and
(3) Off-reservation hunting by tribal
members on ceded lands, outside of
usual framework dates and season
length, with some added flexibility in
daily bag and possession limits. In all
cases, the regulations established under
the guidelines must be consistent with
the March 10–September 1 closed
season mandated by the 1916 Migratory
Bird Treaty with Canada.
In the April 11, 2006, Federal
Register (71 FR 18562), we requested
that tribes desiring special hunting
regulations in the 2006–07 hunting
season submit a proposal including
details on:
(a) Harvest anticipated under the
requested regulations;
(b) Methods that would be employed
to measure or monitor harvest (such as
bag checks, mail questionnaires, etc.);
(c) Steps that would be taken to limit
level of harvest, where it could be
shown that failure to limit such harvest
would adversely impact the migratory
bird resource; and
(d) Tribal capabilities to establish and
enforce migratory bird hunting
regulations. No action is required if a
tribe wishes to observe the hunting
regulations established by the State(s) in
which an Indian reservation is located.
We have successfully used the
guidelines since the 1985–86 hunting
season. We finalized the guidelines
beginning with the 1988–89 hunting
season (August 18, 1988, Federal
Register [53 FR 31612]).
Although the proposed rule included
generalized regulations for both earlyand late-season hunting, this
rulemaking addresses only the earlyseason proposals. Late-season hunting
will be addressed in late-September. As
a general rule, early seasons begin
during September each year and have a
primary emphasis on such species as
mourning and white-winged dove. Late
seasons begin about October 1 or later
each year and have a primary emphasis
on waterfowl.
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Population Status and Harvest
The following paragraphs provide a
brief summary of information on the
status and harvest of waterfowl
excerpted from various reports. The
August 17 proposed rule contained a
brief summary on the status and harvest
of migratory shore and upland game
birds. For more detailed information on
methodologies and results, you may
obtain complete copies of the various
reports at the address indicated under
ADDRESSES or from our Web site at
https://migratorybirds.fws.gov.
Status of Ducks
Federal, provincial, and State
agencies conduct surveys each spring to
estimate the size of breeding
populations and to evaluate the
conditions of the habitats. These
surveys are conducted using fixed-wing
aircraft and helicopters and encompass
principal breeding areas of North
America, and cover over 2.0 million
square miles. The Traditional survey
area comprises Alaska, Canada, and the
north central United States, and
includes approximately 1.3 million
square miles. The Eastern survey area
includes parts of Ontario, Quebec,
Labrador, Newfoundland, Nova Scotia,
Prince Edward Island, New Brunswick,
New York, and Maine, an area of
approximately 0.7 million square miles.
Breeding Ground Conditions
Despite a very warm winter, breeding
waterfowl habitat quality in the United
States and Canada is slightly better this
year than last year. Improvements in
Canadian and U.S. prairie habitats were
primarily due to average to aboveaverage precipitation, warm spring
temperatures, and carry-over effects
from the good summer conditions of
2005. Improved habitat conditions were
reflected in the higher number of ponds
counted in Prairie Canada this year
compared to last year. The 2006
estimate of ponds in Prairie Canada was
4.4 ± 0.2 million ponds, a 13 percent
increase from last year’s estimate of 3.9
± 0.2 million ponds, and 32 percent
above the 1955–2005 average. Habitat
conditions on the U.S prairies were
more variable than those on the
Canadian prairies. The 2006 pond
estimate for the northcentral United
States (1.6 ± 0.1 million) was similar to
last year’s estimate and the long-term
average. The total pond estimate (Prairie
Canada and United States combined)
was 6.1 ± 0.2 million ponds. This was
13 percent greater than last year’s
estimate of 5.4 ± 0.2 million and 26
percent higher than the long-term
average of 4.8 ± 0.1 million ponds.
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In the Eastern Survey Area (strata 51–
72), spring-like conditions also arrived
early with an early ice break-up and
relatively mild temperatures. Biologists
reported that habitat conditions were
generally good across most of the survey
area.
Breeding Population Status
In the Waterfowl Breeding Population
and Habitat Survey traditional survey
area (strata 1–18, 20–50, and 75–77), the
total duck population estimate was 36.2
± 0.6 [SE] million birds. This was 14
percent greater than last year’s estimate
of 31.7 ± 0.6 million birds and 9 percent
above the 1955–2005 long-term average.
Mallard (Anas platyrhynchos)
abundance was 7.3 ± 0.2 million birds,
which was similar to last year’s estimate
of 6.8 ± 0.3 million birds and to the
long-term average. Blue-winged teal (A.
discors) abundance was 5.9 ± 0.3
million birds. This value was 28 percent
greater than last year’s estimate of 4.6 ±
0.2 million birds and 30 percent above
the long-term average. The estimated
abundance of green-winged teal (A.
crecca; 2.6 ± 0.2 million) was 20 percent
greater than last year and 39 percent
above the long-term average. The
estimated number of gadwall (A.
strepera; 2.8 ± 0.2 million) was 30
percent greater than last year and was
67 percent above the long-term average,
and the estimated number of redheads
(Aythya americana; 0.9 ± 0.1 million)
increased 55 percent relative to 2005
and was 47 percent above the long-term
average. The canvasback estimate (A.
valisineria; 0.7 ± 0.1 million) was 33
percent higher than last year’s and was
23 percent higher than the long-term
average. The Northern shoveler (Anas
clypeata; 3.7 ± 0.2 million) estimate was
similar to last year’s, and 69 percent
above the long-term average. Although
estimates for most species increased
relative to last year’s and were greater
than their long-term averages, American
wigeon (A. americana; 2.2 ± 0.1 million)
and scaup (Aythya affinis and A. marila
combined; 3.2 ± 0.2 million) estimates
were unchanged relative to 2005, but
remained 17 percent and 37 percent
below their long-term averages,
respectively. The estimate for scaup was
a record low for the second consecutive
year. The Northern pintail (Anas acuta;
3.4 ± 0.2 million) estimate was 18
percent below its 1955–2005 average,
although this year’s estimate was 32
percent greater than that of last year.
The eastern survey area was
restratified in 2005, and is now
composed of strata 51–72. Mergansers
(red-breasted [Mergus serrator], common
[M. merganser], and hooded
[Lophodytes cucullatus]), mallards,
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American black ducks (A. rubripes),
Ringnecked ducks (Aythya collaris),
goldeneyes (common [Bucephala
clangula] and Barrow’s [B. islandica])
and green-winged teal were all similar
to their 2005 estimates. American
wigeon (–51 percent) and buffleheads
([B. albeola], –58 percent) were lower
than their 2005 estimates. None of the
species in the eastern survey area
differed from long-term averages.
Fall Flight Estimate
The mid-continent mallard
population is composed of mallards
from the traditional survey area,
Michigan, Minnesota, and Wisconsin,
and is 7.9 ± 0.2 million. This is similar
to the 2005 estimate of 7.5 ± 0.3 million.
The projected mallard fall flight index
was 9.8 ± 0.1 million, similar to the
2005 estimate of 9.3 ± 0.1 million birds.
These indices were based on revised
mid-continent mallard population
models, and therefore, differ from those
previously published.
Status of Geese and Swans
We provide information on the
population status and productivity of
North American Canada geese (Branta
canadensis), brant (B. bernicla), snow
geese (Chen caerulescens), Ross’ geese
(C. rossii), emperor geese (C. canagica),
white-fronted geese (Anser albifrons),
and tundra swans (Cygnus
columbianus). In 2006, the timing of
spring snowmelt in important goose and
swan nesting areas in most of the Arctic
and subarctic was earlier than average.
Delayed nesting phenology or reduced
nesting effort was indicated for only
Alaska’s Yukon Delta, other coastal
areas of Alaska, and near the Mackenzie
River Delta in the western Canadian
Arctic. Primary abundance indices in
2006 increased from 2005 levels for 13
goose populations and decreased for 11
goose populations. Primary abundance
indices in 2006 for both populations of
tundra swans increased from 2005
levels. The Mississippi Flyway Giant
and the Atlantic Canada goose
populations, the Western Arctic/
Wrangel Island snow goose population,
and the Pacific white-fronted goose
population displayed significant
positive trends during the most recent
10-year period. The Short Grass Prairie
Canada goose and the Mid-continent
light goose populations showed
significant negative 10-year trends. The
forecast for the production of geese and
swans in North America in 2006 is
generally favorable and improved from
that of 2005.
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Waterfowl Harvest and Hunter Activity
During the 2005–06 hunting season,
both duck and goose harvest increased
from the previous year. U.S. hunters
harvested 12,510,800 ducks in 2005–06,
compared to 12,385,700 in 2004–05, and
they harvested 3,660,700 geese,
compared to 3,200,400 geese taken in
2004–05. The five most commonly
harvested duck species were mallard
(4,466,927), green-winged teal
(1,500,479), gadwall (1,363,954), wood
duck (1,119,921), and blue-winged/
cinnamon teal (703,534).
Comments and Issues Concerning
Tribal Proposals
For the 2006–07 migratory bird
hunting season, we proposed
regulations for 28 tribes and/or Indian
groups that followed the 1985
guidelines and were considered
appropriate for final rulemaking. Some
of the proposals submitted by the tribes
had both early- and late-season
elements. However, as noted earlier,
only those with early-season proposals
are included in this final rulemaking; 21
tribes have proposals with early
seasons. The comment period for the
proposed rule, published on August 17,
2006, closed on August 28, 2006.
Because of the necessary brief comment
period, we will respond to any
comments on the proposed rule and/or
these regulations postmarked by August
28, but not received prior to final action
by us, in the September late-season final
rule.
Great Lakes Indian Fish and Wildlife
Commission’s (GLIFWC) Proposal
We received 23 comments in response
to our April 11, 2006, notice of intent
announcing regulations for migratory
bird hunting by Native American Tribal
members, GLIFWC’s proposal we
received, and our August 17, 2006,
proposed rule. The Mississippi Flyway
Council, the Minnesota Department of
Natural Resources, the Wisconsin
Department of Natural Resources, the
Wisconsin Conservation Congress, and a
number of individuals were strongly
opposed to the GLIFWC’s proposal that
requested: (1) Increased bag limits for
most species (from 20 to 40 birds per
day); and (2) removal of the restriction
on baiting on ceded lands. They
requested we deny both of these
proposed changes believing that the
increase in harvest would create a
conservation concern to locally breeding
duck populations. They also believed
that the use of bait on ceded lands
would effectively close hunting for the
general public in and around baited
areas because Federal and State
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Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Rules and Regulations
regulations prevent hunting over bait
regardless of a person’s knowledge of a
baited area.
The GLIFWC also responded to our
August 17 proposed rule. GLIFWC
believed that we did not provide
sufficient biological, public health, or
safety rationale and supporting data for
rejecting their proposal. They believed
that we examined the proposal through
the ‘‘lens of sport hunting and its fair
chase precepts rather than pursuant to
and consistent with the nature and
extent of the tribes’ court-affirmed treaty
hunting rights.’’ They further state that
our response should be based upon law
and objective rationale rather than
‘‘polemics’’ and ‘‘hyperbole.’’ GLIFWC
asserts that hunting over and with bait
is a common practice for many species,
as well as a court-approved practice
within the scope of the tribes’ cededterritory treaty rights. GLIFWC similarly
rejects our assertion that the proposal
would cause confusion and resentment
among the general public and other
hunters
Service Response: As we stated in the
August 17 proposed rule, we do not
support the increase in bag limits and
removal of baiting restrictions proposed
by the GLIFWC due to legal, social, and
conservation concerns. While we
recognize that baiting is an accepted
hunting practice for a number of
resident game species, like whitetail
deer or bear, it is not a recognized,
legitimate, or accepted hunting practice
for migratory game birds. Since its
prohibition in the 1930’s, we have not
allowed the hunting of migratory game
birds over baited areas for a number of
well-documented biological,
conservation, ethical, and social
considerations. Further, this is the first
time that we know of that a tribe or
tribal organization has asserted that the
baiting of migratory game birds is
within treaty hunting rights. In that
regard, while we believe that is not the
case, we are willing to further discuss
the issue with the GLIFWC. Until such
time as we agree or it is determined to
be properly part of a treaty right, we do
not believe that GLIFWC’s proposal to
allow baiting for the 2006–07 hunting
season is in the best interests of the
Service, the GLIFWC, the general
public, or the migratory bird resource.
Additionally, while we acknowledge
that tribal harvest and participation has
declined in recent years, we are not of
the opinion that allowing baiting is the
best way to increase tribal hunter
participation. As we stated above,
removing the present restrictions on
waterfowl baiting would lead to
confusion and frustration on the part of
the public, hunters, wildlife-
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management agencies, and law
enforcement officials due to the
inherent difficulties of different sets of
baiting regulations for different areas
and groups of hunters, especially on
ceded lands that are not in the
ownership of the Tribes. Further, from
the standpoint of conservation of the
resources involved, baiting could
potentially seriously impact local
migratory bird populations, and
widespread baiting could potentially
affect overall migratory patterns. Luring
local and migrating flocks in evergreater numbers by artificial means
could also provide increased
opportunities for disease transmission,
increased competition for limited food
supplies, and increased susceptibility to
wide-spread disease outbreaks like
avian cholera, duck plague, and avian
botulism.
Recent GLIFWC harvest surveys
(1996–98, 2001, and 2004) indicate that
tribal off-reservation waterfowl harvest
has averaged less than 1,000 ducks and
120 geese annually. In the latest survey
year (2004), an estimated 53 hunters
took an estimated 421 trips and
harvested 645 ducks (1.5 ducks per trip)
and 84 geese (0.2 geese per trip).
Further, in the last 5 years of harvest
surveys, only one hunter reported
harvesting 20 ducks in a single day.
Analysis of hunter survey data over the
period in question (1996–2004)
indicates a general downward trend in
both harvest and hunter participation.
Based on this data, present daily bag
limits do not appear to be a hindrance
or limiting factor for tribal harvest.
Therefore, we do not accept the
GLIFWC’s proposal for significantly
increased daily bag limits for most
species in the 1837 and 1842 Treaty
Areas at this time. However, if we
develop or are presented information
that shows otherwise, we would
certainly entertain increasing bag limits
for waterfowl, coots, moorhens, and
mourning doves to meet tribal needs
within conservation limits. We do,
however, support the proposals for
increasing the daily bag limits for
mergansers, snipe, and woodcock in the
1837 and 1842 Treaty Areas to bring
them more in line with current GLIFWC
daily bag limits for ducks and geese. In
addition, the Service is willing to meet
with the GLIFWC to explore possible
ways to increase tribal participation in
migratory bird hunting opportunities.
Finally, as with all tribal harvest, we
request that the GLIFWC monitor the
member bands’ harvest.
NEPA Consideration
NEPA considerations are covered by
the programmatic document ‘‘Final
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Supplemental Environmental Impact
Statement: Issuance of Annual
Regulations Permitting the Sport
Hunting of Migratory Birds (FSES 88–
14),’’ filed with the Environmental
Protection Agency on June 9, 1988. We
published Notice of Availability in the
Federal Register on June 16, 1988 (53
FR 22582). We published our Record of
Decision on August 18, 1988 (53 FR
31341). In addition, an August 1985
environmental assessment entitled
‘‘Guidelines for Migratory Bird Hunting
Regulations on Federal Indian
Reservations and Ceded Lands’’ is
available from the address indicated
under the caption ADDRESSES.
In a notice published in the
September 8, 2005, Federal Register (70
FR 53376), we announced our intent to
develop a new Supplemental
Environmental Impact Statement for the
migratory bird hunting program. Public
scoping meetings were held in the
spring of 2006, as we detailed in a
March 9, 2006, Federal Register notice
(71 FR 12216).
Endangered Species Act Considerations
Section 7 of the Endangered Species
Act, as amended (16 U.S.C. 1531–1543;
87 Stat. 884), provides that, ‘‘The
Secretary shall review other programs
administered by him and utilize such
programs in furtherance of the purposes
of this Act’’ (and) shall ‘‘insure that any
action authorized, funded or carried out
* * * is not likely to jeopardize the
continued existence of any endangered
species or threatened species or result in
the destruction or adverse modification
of [critical] habitat * * *’’
Consequently, we conducted
consultations to ensure that actions
resulting from these regulations would
not likely jeopardize the continued
existence of endangered or threatened
species or result in the destruction or
adverse modification of their critical
habitat. Findings from these
consultations are included in a
biological opinion and may have caused
modification of some regulatory
measures previously proposed. The
final frameworks reflect any
modifications. Our biological opinions
resulting from this Section 7
consultation are public documents
available for public inspection in the
Service’s Division of Endangered
Species and Division of Migratory Bird
Management, at the address indicated
under ADDRESSES.
Executive Order 12866
The migratory bird hunting
regulations are economically significant
and were reviewed by the Office of
Management and Budget (OMB) under
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Executive Order 12866. As such, a costbenefit analysis was initially prepared
in 1981. This analysis was subsequently
revised annually from 1990 through
1996, updated in 1998, and updated
again in 2004. It is further discussed
below under the heading Regulatory
Flexibility Act. Results from the 2004
analysis indicate that the expected
economic benefit of the annual
migratory bird hunting frameworks is on
the order of $734 to $1,064 million, with
a mid-point estimate of $899 million.
Copies of the cost-benefit analysis are
available upon request from the address
indicated under ADDRESSES or from our
Web site at https://
www.migratorybirds.gov.
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Regulatory Flexibility Act
These regulations have a significant
economic impact on substantial
numbers of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). We analyzed the economic
impacts of the annual hunting
regulations on small business entities in
detail as part of the 1981 cost-benefit
analysis discussed under Executive
Order 12866. This analysis was revised
annually from 1990 through 1995. In
1995, the Service issued a Small Entity
Flexibility Analysis (Analysis), which
was subsequently updated in 1996,
1998, and 2004. The primary source of
information about hunter expenditures
for migratory game bird hunting is the
National Hunting and Fishing Survey,
which is conducted at 5-year intervals.
The 2004 Analysis was based on the
2001 National Hunting and Fishing
Survey and the U.S. Department of
Commerce’s County Business Patterns,
from which it was estimated that
migratory bird hunters would spend
between $481 million and $1.2 billion at
small businesses in 2004. Copies of the
Analysis are available upon request
from the address indicated under
ADDRESSES or from our Web site at
https://www.migratorybirds.gov.
Small Business Regulatory Enforcement
Fairness Act
This rule is a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
For the reasons above, this rule has an
annual effect on the economy of $100
million or more. However, because this
rule establishes hunting seasons, we do
not plan to defer the effective date
required by 5 U.S.C. 801 under the
exemption contained in 5 U.S.C. 808(1).
Paperwork Reduction Act
We examined these regulations under
the Paperwork Reduction Act of 1995.
The various recordkeeping and
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reporting requirements imposed under
regulations established in 50 CFR part
20, Subpart K, are utilized in the
formulation of migratory game bird
hunting regulations. Specifically, OMB
has approved the information collection
requirements of the Migratory Bird
Harvest Surveys and assigned clearance
number 1018–0015 (expires 2/29/2008).
This information is used to provide a
sampling frame for voluntary national
surveys to improve our harvest
estimates for all migratory game birds in
order to better manage these
populations. OMB has also approved
the information collection requirements
of the Sandhill Crane Harvest
Questionnaire and assigned clearance
number 1018–0023 (expires 11/30/
2007). The information from this survey
is used to estimate the magnitude and
the geographical and temporal
distribution of the harvest, and the
portion it constitutes of the total
population.
A Federal agency may not conduct or
sponsor and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
Unfunded Mandates Reform Act
We have determined and certify, in
compliance with the requirements of the
Unfunded Mandates Reform Act, 2
U.S.C. 1502 et seq., that this rulemaking
will not impose a cost of $100 million
or more in any given year on local or
State government or private entities.
Therefore, this rule is not a ‘‘significant
regulatory action’’ under the Unfunded
Mandates Reform Act.
Civil Justice Reform Executive Order
12988
The Department, in promulgating this
rule, has determined that this rule will
not unduly burden the judicial system
and that it meets the requirements of
sections 3(a) and 3(b)(2) of Executive
Order 12988.
Takings Implication Assessment
In accordance with Executive Order
12630, this rule, authorized by the
Migratory Bird Treaty Act, does not
have significant takings implications
and does not affect any constitutionally
protected property rights. This rule will
not result in the physical occupancy of
property, the physical invasion of
property, or the regulatory taking of any
property. In fact, these rules allow
hunters to exercise otherwise
unavailable privileges and, therefore,
reduce restrictions on the use of private
and public property.
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Energy Effects—Executive Order 13211
On May 18, 2001, the President issued
Executive Order 13211 on regulations
that significantly affect energy supply,
distribution, and use. Executive Order
13211 requires agencies to prepare
Statements of Energy Effects when
undertaking certain actions. While this
rule is a significant regulatory action
under Executive Order 12866, it is not
expected to adversely affect energy
supplies, distribution, or use. Therefore,
this action is not a significant energy
action and no Statement of Energy
Effects is required.
Federalism Effects
Due to the migratory nature of certain
species of birds, the Federal
Government has been given
responsibility over these species by the
Migratory Bird Treaty Act. We annually
prescribe frameworks from which the
States make selections regarding the
hunting of migratory birds, and we
employ guidelines to establish special
regulations on Federal Indian
reservations and ceded lands. This
process preserves the ability of the
States and tribes to determine which
seasons meet their individual needs.
Any State or tribe may be more
restrictive than the Federal frameworks.
The frameworks are developed in a
cooperative process with the States and
the Flyway Councils. This process
allows States to participate in the
development of frameworks from which
they will make selections, thereby
having an influence on their own
regulations. These rules do not have a
substantial direct effect on fiscal
capacity, change the roles or
responsibilities of Federal or State
governments, or intrude on State policy
or administration. Therefore, in
accordance with Executive Order 13132,
these regulations do not have significant
federalism effects and do not have
sufficient federalism implications to
warrant the preparation of a Federalism
Assessment.
Government-to-Government
Relationship With Tribes
Due to the migratory nature of certain
species of birds, the Federal
Government has been given
responsibility over these species by the
Migratory Bird Treaty Act. Thus, in
accordance with the President’s
memorandum of April 29, 1994,
‘‘Government-to-Government Relations
with Native American Tribal
Governments’’ (59 FR 22951), Executive
Order 13175, and 512 DM 2, we have
evaluated possible effects on federally
recognized Indian tribes and have
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Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Rules and Regulations
determined that there are no effects on
Indian trust resources. However, by
virtue of the tribal proposals process, we
have consulted with all the tribes
affected by this rule.
Daily Bag and Possession Limits: The
Tribe does not have specific bag and
possession restrictions for Tribal
members. The season on harlequin duck
is closed.
(d) Fond du Lac Band of Lake Superior
Chippewa Indians, Cloquet, Minnesota
(Tribal Members Only)
List of Subjects in 50 CFR Part 20
Coots
Doves
Exports, Hunting, Imports, Reporting
and recordkeeping requirements,
Transportation, Wildlife.
Season Dates: Same as ducks.
Daily Bag and Possession Limits:
Same as ducks.
Season Dates: Open September 1,
through October 30, 2006.
Daily Bag Limit: 30 doves.
Accordingly, part 20, subchapter B,
chapter I of title 50 of the Code of
Federal Regulations is amended as
follows:
I
Ducks and Mergansers
Geese
PART 20—[AMENDED]
1. The authority citation for part 20
continues to read as follows:
I
Authority: 16 U.S.C. 703 (712 and 16
U.S.C. 742 a(j), Pub L. 106–108.
Note: The following hunting regulations
provided for by 50 CFR 20.110 will not
appear in the Code of Federal Regulations
because of their seasonal nature.
2. Section 20.110 is revised to read as
follows:
I
§ 20.110 Seasons, limits, and other
regulations for certain Federal Indian
reservations, Indian Territory, and ceded
lands.
Season Dates: Same as ducks.
Daily Bag and Possession Limits:
Same as ducks.
General Conditions: Tribal and
Nontribal hunters must comply with all
basic Federal migratory bird hunting
regulations contained in 50 CFR part 20
regarding manner of taking. In addition,
shooting hours are sunrise to sunset,
and each waterfowl hunter 16 years of
age or older must carry on his/her
person a valid Migratory Bird Hunting
and Conservation Stamp (Duck Stamp)
signed in ink across the stamp face.
Special regulations established by the
Confederated Salish and Kootenai
Tribes also apply on the reservation.
(a) Colorado River Indian Tribes,
Parker, Arizona (Tribal Members and
Nontribal Hunters)
(c) Crow Creek Sioux Tribe, Crow
Creek Indian Reservation, Fort
Thompson, South Dakota (Tribal
Members and Nontribal Hunters)
Doves
Sandhill Cranes
Season Dates: Open September 1,
through September 15, 2006; then open
November 11, through December 25,
2006.
Daily Bag and Possession Limits: For
the early season, daily bag limit is 10
mourning or white-winged doves,
singly, or in the aggregate. For the late
season, the daily bag limit is 10
mourning doves. Possession limits are
twice the daily bag limits.
General Conditions: All persons 14
years and older must be in possession
of a valid Colorado River Indian
Reservation hunting permit before
taking any wildlife on tribal lands. Any
person transporting game birds off the
Colorado River Indian Reservation must
have a valid transport declaration form.
Other tribal regulations apply, and may
be obtained at the Fish and Game Office
in Parker, Arizona.
Season Dates: Open September 10,
through October 16, 2006.
Daily Bag Limit: Three sandhill
cranes.
Permits: Each person participating in
the sandhill crane season must have a
valid Federal sandhill crane hunting
permit in his or her possession while
hunting.
sroberts on PROD1PC70 with RULES
(b) Confederated Salish and Kootenai
Tribes, Flathead Indian Reservation,
Pablo, Montana (Tribal Hunters)
Tribal Members Only
Ducks (Including Mergansers)
Season Dates: Open September 1,
2006, through March 9, 2007.
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17:14 Sep 19, 2006
Jkt 208001
Doves
Season Dates: Open September 1,
through October 30, 2006.
Daily Bag Limit: 15 mourning doves.
General Conditions: The possession
limit is twice the daily bag limit. Tribal
and nontribal hunters must comply with
basic Federal migratory bird hunting
regulations in 50 CFR part 20 regarding
shooting hours and manner of taking. In
addition, each waterfowl hunter 16
years of age or over must carry on his/
her person a valid Migratory Bird
Hunting and Conservation Stamp (Duck
Stamp) signed in ink across the stamp
face. Special regulations established by
the Crow Creek Sioux Tribe also apply
on the reservation.
PO 00000
Frm 00006
All seasons in Minnesota, 1854 and
1837 Treaty Zones:
Fmt 4701
Sfmt 4700
Season Dates: Open September 15,
through December 3, 2006.
Daily Bag Limit for Ducks: 18 ducks,
including no more than 12 mallards
(only 6 of which may be hens), 3 black
ducks, 6 scaup, 4 wood ducks, 6
redheads, 3 pintails and 3 canvasbacks.
Daily Bag Limit for Mergansers: 15
mergansers, including no more than 3
hooded mergansers.
Canada Geese
Season Dates: Open September 1,
through December 3, 2006.
Daily Bag Limit: 12 geese.
Coots and Common Moorhens
(Gallinule)
Season Dates: Open September 15,
through December 3, 2006.
Daily Bag Limit: 20 coots and
common moorhens, singly or in the
aggregate.
Sora and Virginia Rails
Season Dates: Open September 1,
through December 3, 2006.
Daily Bag Limit: 25 sora and Virginia
rails, singly or in the aggregate. There is
no possession limit.
Common Snipe and Woodcock
Season Dates: Open September 1,
through December 3, 2006.
Daily Bag Limit: Eight snipe and three
woodcock.
General Conditions:
1. While hunting waterfowl, a tribal
member must carry on his/her person a
valid tribal waterfowl hunting permit.
2. Except as otherwise noted, tribal
members will be required to comply
with tribal codes that will be no less
restrictive than the provisions of
Chapter 10 of the Model Off-Reservation
Code. Except as modified by the Service
rules adopted in response to this
proposal, these amended regulations
parallel Federal requirements in 50 CFR
part 20 as to hunting methods,
transportation, sale, exportation, and
other conditions generally applicable to
migratory bird hunting.
3. Band members in each zone will
comply with State regulations providing
for closed and restricted waterfowl
hunting areas.
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4. There are no possession limits on
any species, unless otherwise noted
above. For purposes of enforcing bag
and possession limits, all migratory
birds in the possession or custody of
band members on ceded lands will be
considered to have been taken on those
lands unless tagged by a tribal or State
conservation warden as having been
taken on-reservation. All migratory
birds that fall on reservation lands will
not count as part of any off-reservation
bag or possession limit.
(e) Grand Traverse Band of Ottawa and
Chippewa Indians, Suttons Bay,
Michigan (Tribal Members Only)
All seasons in Michigan, 1836 Treaty
Zone:
Ducks
Season Dates: Open September 22,
2006, through January 21, 2007.
Daily Bag Limit: 12 ducks, which may
include no more than 2 pintail, 2
canvasback, 3 black ducks, 1 hooded
merganser, 3 wood ducks, 3 redheads,
and 6 mallards (only 3 of which may be
hens).
Canada and Snow Geese
Season Dates: Open September 1,
through November 30, and open January
1, 2007, through February 8, 2007.
Daily Bag Limit: Five geese.
Other Geese (White-Fronted Geese and
Brant)
Season Dates: Open September 20,
through November 30, 2006.
Daily Bag Limit: Five geese.
Sora Rails, Common Snipe, and
Woodcock
Season Dates: Open September 1,
through November 14, 2006.
Daily Bag Limit: Ten rails, ten snipe,
and five woodcock.
Mourning Doves
Season Dates: Open September 1,
through November 14, 2006.
Daily Bag Limit: Ten mourning doves.
General Conditions: A valid Grand
Traverse Band Tribal license is required
and must be in possession before taking
any wildlife. All other basic regulations
contained in 50 CFR part 20 are valid.
Other tribal regulations apply, and may
be obtained at the tribal office in
Suttons Bay, Michigan.
sroberts on PROD1PC70 with RULES
(f) Great Lakes Indian Fish and Wildlife
Commission, Odanah, Wisconsin
(Tribal Members Only)
Ducks
A. 1837 and 1842 Treaty Areas
Season Dates: Open September 15,
through December 1, 2006.
VerDate Aug<31>2005
17:14 Sep 19, 2006
Jkt 208001
Daily Bag Limit: 20 ducks, including
no more than 10 mallards (only 5 of
which may be hens), 4 black ducks, 4
redheads, 4 pintails, and 2 canvasbacks.
B. 1836 Treaty Area
Season Dates: Open September 15,
through December 1, 2006.
Daily Bag Limit: 10 ducks, including
no more than 5 mallards (only 2 of
which may be hens), 2 black ducks, 2
redheads, 2 pintails, and 1 canvasback.
Mergansers
A. 1837 and 1842 Treaty Areas
Season Dates: Open September 15,
through December 1, 2006.
Daily Bag Limit: 10 mergansers.
B. 1836 Treaty Area
Season Dates: Open September 15,
through December 1, 2006.
Daily Bag Limit: five mergansers.
Geese: All Ceded Areas
Season Dates: Open September 1,
through December 1, 2006. In addition,
any portion of the ceded territory that is
open to State-licensed hunters for goose
hunting after December 1 shall also be
open concurrently for tribal members.
Daily Bag Limit: 10 geese in the
aggregate.
Other Migratory Birds: All Ceded
Areas except where noted below.
A. Coots and Common Moorhens
(Common Gallinules)
Season Dates: Open September 15,
through December 1, 2006.
Daily Bag Limit: 20 coots and
common moorhens (common
gallinules), singly or in the aggregate.
B. Sora and Virginia Rails
Season Dates: Open September 15,
through December 1, 2006.
Daily Bag Limit: 20 sora and Virginia
rails singly, or in the aggregate.
Possession Limit: 20.
C. Common Snipe
Season Dates: Open September 15,
through December 1, 2006.
Daily Bag Limit:
1837 and 1842 Treaty Areas: 16
common snipe.
1836 Treaty Area: eight common
snipe.
D. Woodcock
Season Dates: Open September 5,
through December 1, 2006.
Daily Bag Limit:
1837 and 1842 Treaty Areas: 10.
1836 Treaty Area: Five woodcock.
PO 00000
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55081
E. Mourning Doves: 1837 and 1842
Ceded Territories
Season Dates: Open September 1,
through October 30, 2006.
Daily Bag Limit: 15 mourning doves.
General Conditions
A. All tribal members will be required
to obtain a valid tribal waterfowl
hunting permit.
B. Except as otherwise noted, tribal
members will be required to comply
with tribal codes that will be no less
restrictive than the model ceded
territory conservation codes approved
by Federal courts in the Lac Courte
Oreilles v. State of Wisconsin (Voigt)
and Mille Lacs Band v. State of
Minnesota cases. The respective
Chapters 10 of these model codes
regulate ceded territory migratory bird
hunting. They parallel Federal
requirements as to hunting methods,
transportation, sale, exportation, and
other conditions generally applicable to
migratory bird hunting. They also
automatically incorporate by reference
the Federal migratory bird regulations
adopted in response to this proposal.
C. Particular regulations of note
include:
1. Nontoxic shot will be required for
all off-reservation waterfowl hunting by
tribal members.
2. Tribal members in each zone will
comply with tribal regulations
providing for closed and restricted
waterfowl hunting areas. These
regulations generally incorporate the
same restrictions contained in parallel
State regulations.
3. Possession limits for each species
are double the daily bag limit, except on
the opening day of the season, when the
possession limit equals the daily bag
limit, unless otherwise noted above.
Possession limits are applicable only to
transportation and do not include birds
that are cleaned, dressed, and at a
member’s primary residence. For
purposes of enforcing bag and
possession limits, all migratory birds in
the possession and custody of tribal
members on ceded lands will be
considered to have been taken on those
lands unless tagged by a tribal or State
conservation warden as taken on
reservation lands. All migratory birds
that fall on reservation lands will not
count as part of any off-reservation bag
or possession limit.
4. The baiting restrictions can be
obtained at the Tribal office in the
model ceded territory conservation
codes. These codes will be amended to
include language that parallels that in
place for nontribal members as
published by the Service in the Federal
Register at 64 FR 29804, June 3, 1999.
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Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Rules and Regulations
5. The shell limit restrictions of the
model ceded territory conservation
codes will be removed.
D. Michigan—Duck Blinds and
Decoys. Tribal members hunting in
Michigan will comply with tribal codes
that contain provisions parallel to
Michigan law regarding duck blinds and
decoys.
General: Possession limits are twice
the daily bag limits. Shooting hours are
one-half hour before sunrise to one-half
hour after sunset. Nontoxic shot is
required. Use of live decoys, bait, and
commercial use of migratory birds are
prohibited. Waterfowl may not be
pursued or taken while using motorized
craft.
(g) Kalispel Tribe, Kalispel Reservation,
Usk, Washington (Tribal Members and
Nontribal Hunters)
(i) Little River Band of Ottawa Indians,
Manistee, Michigan (Tribal Members
Only)
Nontribal Hunters on Reservation
Ducks
Geese
Season Dates: Open September 15,
2006, through January 20, 2007.
Daily Bag and Possession Limits: 12
ducks, including no more than 2 pintail,
2 canvasback, 1 hooded merganser, 3
black ducks, 3 wood ducks, 3 redheads,
and 6 mallards (only 3 of which may be
hens). The possession limit is twice the
daily bag limit.
Season Dates: Open September 1,
2006, through September 17, for the
early-season, and open October 1,
through January 31, 2007, for the lateseason. During this period, days to be
hunted are specified by the Kalispel
Tribe. Nontribal hunters should contact
the Tribe for more detail on hunting
days.
Daily Bag and Possession Limits: 5
Canada geese for the early season, and
3 light geese and 4 dark geese, for the
late season. The daily bag limit is 2
brant and is in addition to dark goose
limits for the late-season. The
possession limit is twice the daily bag
limit.
Tribal Hunters Within Kalispel Ceded
Lands
Ducks
Season Dates: Open September 1,
2006, through January 31, 2007.
Daily Bag and Possession Limits: 7
ducks, including no more than 2 female
mallards, 4 scaup, and 2 redheads. The
seasons on canvasbacks and pintail are
closed. The possession limit is twice the
daily bag limit.
Geese
Season Dates: Open September 1,
2006, through January 31, 2007.
Daily Bag Limit: 3 light geese and 4
dark geese. The daily bag limit is 2 brant
and is in addition to dark goose limits.
General: Tribal members must possess
a validated Migratory Bird Hunting and
Conservation Stamp and a tribal ceded
lands permit.
(h) Leech Lake Band of Ojibwe, Cass
Lake, Minnesota (Tribal Members Only)
sroberts on PROD1PC70 with RULES
Ducks
Season Dates: Open September 23,
through December 31, 2006.
Daily Bag Limits: 10 ducks.
Geese
Season Dates: Open September 1,
through December 31, 2006.
Daily Bag Limits: 10 geese.
VerDate Aug<31>2005
17:14 Sep 19, 2006
Jkt 208001
Canada Geese
Season Dates: Open September 1,
through February 8, 2007.
Daily Bag and Possession Limits: Five
Canada geese and possession limit is
twice the daily bag limit.
White-Fronted Geese, Snow Geese, Ross
Geese, and Brant
Season Dates: Open September 20,
through November 30, 2006.
Daily Bag and Possession Limits: Five
birds and the possession limit is twice
the daily bag limit.
Mourning Doves, Rails, Snipe, and
Woodcock
Season Dates: Open September 1,
through November 14, 2006.
Daily Bag and Possession Limits: 10
doves, 10 rails, 10 snipe, and 5
woodcock. The possession limit is twice
the daily bag limit.
General:
A. All tribal members are required to
obtain a valid tribal resource card and
2006–07 hunting license.
B. Except as modified by the Service
rules adopted in response to this
proposal, these amended regulations
parallel all Federal regulations
contained in 50 CFR part 20.
C. Particular regulations of note
include:
(1) Nontoxic shot will be required for
all waterfowl hunting by tribal
members.
(2) Tribal members in each zone will
comply with tribal regulations
providing for closed and restricted
waterfowl hunting areas. These
regulations generally incorporate the
same restrictions contained in parallel
State regulations.
PO 00000
Frm 00008
Fmt 4701
Sfmt 4700
(3) Possession limits for each species
are double the daily bag limit, except on
the opening day of the season, when the
possession limit equals the daily bag
limit, unless otherwise noted above.
D. Tribal members hunting in
Michigan will comply with tribal codes
that contain provisions parallel to
Michigan law regarding duck blinds and
decoys.
(j) The Little Traverse Bay Bands of
Odawa Indians, Petoskey, Michigan
(Tribal Members Only)
Ducks
Season Dates: Open September 15,
2006, through January 20, 2007.
Daily Bag Limits: 12 ducks, including
no more than 6 mallards (only 3 of
which may be hens), 3 black ducks, 3
redheads, 3 wood ducks, 2 pintail, 1
hooded merganser, and 2 canvasback.
Coots and Gallinules
Season Dates: Same as ducks.
Daily Bag Limits: 12.
Canada Geese
Season Dates: Open September 1,
2006, through February 8, 2007.
Daily Bag Limit: Five geese.
White-Fronted Geese, Snow Geese, and
Brant
Season Dates: Open September 1,
through November 30, 2006.
Daily Bag Limit: 10 of each species.
Sora Rails, Snipe, and Mourning Doves
Season Dates: Open September 1,
through November 14, 2006.
Daily Bag Limit: 10 of each species.
Woodcock
Season Dates: Open September 1,
through November 14, 2006.
Daily Bag Limit: Five woodcock.
General: Possession limits are twice
the daily bag limits.
(k) Lower Brule Sioux Tribe, Lower
Brule Reservation, Lower Brule, South
Dakota (Tribal Members and Nontribal
Hunters)
Tribal Members
Youth Waterfowl Hunt
Season Dates: Open September 23,
through September 24, 2006.
Daily Bag and Possession Limits: Six
ducks, including no more than five
mallards (only one of which may be a
hen), three scaup, one mottled duck,
two redheads, two wood ducks, one
canvasback, and one pintail. Coot daily
bag limit is 15. Merganser daily bag
limit is five, including no more than one
hooded merganser. The possession limit
is twice the daily bag limit.
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Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Rules and Regulations
(m) Navajo Indian Reservation,
Window Rock, Arizona (Tribal
Members and Nontribal Hunters)
Nontribal Hunters
Youth Waterfowl Hunt
Season Dates: Open September 23,
through September 24, 2006.
Daily Bag and Possession Limits: Five
ducks, including no more than five
mallards (only one of which may be a
hen), three scaup, one mottled duck,
two redheads, two wood ducks, one
pintail, and one canvasback. Coot daily
bag limit is 15. Merganser daily bag
limit is five, including no more than one
hooded merganser. The possession limit
is twice the daily bag limit.
(l) Makah Indian Tribe, Neah Bay,
Washington (Tribal Members)
Band-Tailed Pigeons
Season Dates: Open September 1,
through October 31, 2006.
Daily Bag Limit: Two band-tailed
pigeons.
Ducks and Coots
Season Dates: Open September 23,
2006, through January 21, 2007.
Daily Bag Limit: Seven ducks
including no more than one redhead,
one pintail, and one canvasback. The
seasons on wood duck and harlequin
are closed.
Season Dates: Open September 23,
2006, through January 21, 2007.
Daily Bag Limit: Four. The seasons on
Aleutian and dusky Canada geese are
closed.
sroberts on PROD1PC70 with RULES
General
All other Federal regulations
contained in 50 CFR part 20 would
apply. The following restrictions are
also proposed by the Tribe: (1) As per
Makah Ordinance 44, only shotguns
may be used to hunt any species of
waterfowl. Additionally, shotguns must
not be discharged within 0.25 miles of
an occupied area; (2) Hunters must be
eligible, enrolled Makah tribal members
and must carry their Indian Treaty
Fishing and Hunting Identification Card
while hunting. No tags or permits are
required to hunt waterfowl; (3) The
Cape Flattery area is open to waterfowl
hunting, except in designated
wilderness areas, or within 1 mile of
Cape Flattery Trail, or in any area that
is closed to hunting by another
ordinance or regulation; (4) The use of
live decoys and/or baiting to pursue any
species of waterfowl is prohibited; (5)
Steel or bismuth shot only for waterfowl
is allowed; the use of lead shot is
prohibited; (6) The use of dogs is
permitted to hunt waterfowl.
17:14 Sep 19, 2006
Jkt 208001
Mourning Doves
Season Dates: Open September 1,
through September 30, 2006.
Daily Bag and Possession Limits: 10
and 20 doves, respectively.
General Conditions: Tribal and
nontribal hunters will comply with all
basic Federal migratory bird hunting
regulations in 50 CFR part 20, regarding
shooting hours and manner of taking. In
addition, each waterfowl hunter 16
years of age or over must carry on his/
her person a valid Migratory Bird
Hunting and Conservation Stamp (Duck
Stamp) signed in ink across the face.
Special regulations established by the
Navajo Nation also apply on the
reservation.
(n) Oneida Tribe of Indians of
Wisconsin, Oneida, Wisconsin (Tribal
Members Only)
Geese
VerDate Aug<31>2005
Band-Tailed Pigeons
Season Dates: Open September 1,
through September 30, 2006.
Daily Bag and Possession Limits: 5
and 10 pigeons, respectively.
Ducks (Including Mergansers)
Season Dates: Open September 23,
through November 17, 2006, and open
November 27, through December 3,
2006.
Daily Bag and Possession Limits: Six,
including no more than six mallards
(three hen mallards), six wood ducks,
one redhead, two pintail, and one
hooded merganser. The possession limit
is twice the daily bag limit.
Geese
Season Dates: Open September 1,
through November 17 and open
November 27, through December 31,
2006.
Daily Bag and Possession Limits:
Three and Six Canada geese,
respectively. Hunters will be issued
three tribal tags for geese in order to
monitor goose harvest. An additional
three tags will be issued each time birds
are registered. A seasonal quota of 150
birds is adopted. If the quota is reached
before the season concludes, the season
will be closed at that time.
Woodcock
Season Dates: Open September 1,
through November 17, 2006.
Daily Bag and Possession Limits: 5
and 10 woodcock, respectively.
Dove
Season Dates: Open September 1,
through November 12, 2006.
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55083
Daily Bag and Possession Limits: 10
and 20 doves, respectively.
General Conditions: Tribal member
shooting hours are one-half hour before
sunrise to one-half hour after sunset.
Nontribal members hunting on the
Reservation or on lands under the
jurisdiction of the Tribe must comply
with all State of Wisconsin regulations,
including season dates, shooting hours,
and bag limits which differ from tribal
member seasons. Tribal members and
nontribal members hunting on the
Reservation or on lands under the
jurisdiction of the Tribe will observe all
basic Federal migratory bird hunting
regulations found in 50 CFR part 20,
with the following exceptions: tribal
members are exempt from the purchase
of the Migratory Waterfowl Hunting and
Conservation Stamp (Duck Stamp); and
shotgun capacity is not limited to three
shells.
(o) Skokomish Tribe, Shelton,
Washington (Tribal Members Only)
Ducks and Mergansers
Season Dates: Open September 16,
through December 31, 2006.
Daily Bag and Possession Limits:
Seven ducks, including no more than
two hen mallards, one pintail, one
canvasback, one harlequin, and two
redheads. Possession limit is twice the
daily bag limit.
Geese
Season Dates: Open September 16,
through December 31, 2006.
Daily Bag and Possession Limits: Four
geese, and may include no more than
three light geese. The season on
Aleutian Canada geese is closed.
Possession limit is twice the daily bag
limit.
Coots
Season Dates: Open September 16,
through December 31, 2006.
Daily Bag and Possession Limits: 25
and 50 coots, respectively.
Mourning Doves
Season Dates: Open September 16,
through December 31, 2006.
Daily Bag and Possession Limits: 10
and 20 doves, respectively.
Snipe
Season Dates: Open September 16,
through December 31, 2006.
Daily Bag and Possession Limits: 8
and 16 snipe, respectively.
Band-Tailed Pigeon
Season Dates: Open September 16,
through December 31, 2006.
Daily Bag and Possession Limits: 2
and 4 pigeons, respectively.
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Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Rules and Regulations
General Conditions: All hunters
authorized to hunt migratory birds on
the reservation must obtain a tribal
hunting permit from the respective
Tribe. Hunters are also required to
adhere to a number of special
regulations available at the tribal office.
(q) Tulalip Tribes of Washington,
Tulalip Indian Reservation, Marysville,
Washington (Tribal Members and
Nontribal Hunters)
(s) Wampanoag Tribe of Gay Head,
Aquinnah, Massachusetts (Tribal
Members Only)
Tribal Members
(p) Squaxin Island Tribe, Squaxin
Island Reservation, Shelton,
Washington (Tribal Members Only)
Season Dates: Open September 15,
2006, and through February 28, 2007.
Daily Bag and Possession Limits: 7
and 14 ducks, respectively, except that
bag and possession limits may include
no more than 2 female mallards, 1
pintail, 4 scaup, and 2 redheads.
Season Dates: Open September 11,
and through September 25, and open
November 1, through February 28, 2007.
Daily Bag Limits: 5 Canada geese
during the first period, 3 during the
second.
Ducks
Season Dates: Open September 1,
2006, through January 15, 2007.
Daily Bag and Possession Limits: Five
ducks, which may include only one
canvasback. The season on harlequin
ducks is closed. Possession limit is
twice the daily bag limit.
Geese
Season Dates: Open September 15,
2006, through January 15, 2007.
Daily Bag and Possession Limits: Four
geese, and may include no more than
two snow geese. The season on Aleutian
and cackling Canada geese is closed.
Possession limit is twice the daily bag
limit.
Brant
Season Dates: Open September 1,
through December 31, 2006.
Daily Bag and Possession Limits: Two
and four brant, respectively.
Coots
Season Dates: Open September 1,
2006, through January 15, 2007.
Daily Bag Limits: 25 coots.
Snipe
Season Dates: Open September 15,
2006, and through January 15, 2007.
Daily Bag and Possession Limits: 8
and 16 snipe, respectively.
sroberts on PROD1PC70 with RULES
Band-Tailed Pigeons
Season Dates: Open September 1,
through December 31, 2006.
Daily Bag and Possession Limits: 5
and 10 pigeons, respectively.
General Conditions: All tribal hunters
must obtain a Tribal Hunting Tag and
Permit from the Tribe’s Natural
Resources Department and must have
the permit, along with the member’s
treaty enrollment card, on his or her
person while hunting. Shooting hours
are one-half hour before sunrise to onehalf hour after sunset, and steel shot is
required for all migratory bird hunting.
Other special regulations are available at
the tribal office in Shelton, Washington.
VerDate Aug<31>2005
17:14 Sep 19, 2006
Jkt 208001
Ducks (Including Coots and Mergansers)
Geese
Season Dates: Open September 15,
2006, and through February 28, 2007.
Daily Bag and Possession Limits: 7
and 14 geese, respectively; except that
the bag limits may not include more
than 2 brant and 1 cackling Canada
goose. For those tribal members who
engage in subsistence hunting, the
Tribes set a maximum annual bag limit
of 365 ducks and 365 geese.
Snipe
Season Dates: Open September 15,
2006, through February 28, 2007.
Daily Bag and Possession Limits: 8
and 16, respectively.
General Conditions: All hunters on
Tulalip Tribal lands are required to
adhere to shooting hour regulations set
at one-half hour before sunrise to
sunset, special tribal permit
requirements, and a number of other
tribal regulations enforced by the Tribe.
Nontribal hunters 16 years of age and
older, hunting pursuant to Tulalip
Tribes’ Ordinance No. 67, must possess
a valid Federal Migratory Bird Hunting
and Conservation Stamp and a valid
State of Washington Migratory
Waterfowl Stamp. Both stamps must be
validated by signing across the face of
the stamp. Other tribal regulations
apply, and may be obtained at the tribal
office in Marysville, Washington.
Canada Geese
Snow Geese
Season Dates: Open September 11,
2006, and through September 25, 2006.
Daily Bag Limits: 15 snow geese.
General Conditions: Shooting hours
are one-half hour before sunrise to
sunset. Nontoxic shot is required. All
basic Federal migratory bird hunting
regulations contained in 50 CFR part 20
will be observed.
(t) White Earth Band of Ojibwe, White
Earth, Minnesota (Tribal Members
Only)
Ducks and Mergansers
Season Dates: Open September 16,
through December 17, 2006.
Daily Bag Limit for Ducks: 10 ducks,
including no more than 2 mallards and
1 canvasback.
Daily Bag Limit for Mergansers: Five
mergansers, including no more than two
hooded mergansers.
Geese
Season Dates: Open September 1,
through September 29, 2006, and open
September 30, through December 17,
2006.
Daily Bag Limit: Eight geese through
September 29 and five thereafter.
Coots
Season Dates: Open September 2,
through November 30, 2006.
Daily Bag Limit: 20 coots.
Sora and Virginia Rails
(r) Upper Skagit Indian Tribe, Sedro
Woolley, Washington (Tribal Members
Only)
Season Dates: Open September 2,
through November 30, 2006.
Daily Bag Limit: 25 sora and Virginia
rails, singly or in the aggregate.
Mourning Dove
Common Snipe and Woodcock
Season Dates: Open September 1,
through December 31, 2006.
Daily Bag and Possession Limits: 12
and 15 mourning doves, respectively.
Tribal members must have the tribal
identification and harvest report card on
their person to hunt. Tribal members
hunting on the Reservation will observe
all basic Federal migratory bird hunting
regulations found in 50 CFR part 20,
except shooting hours would be onehalf hour before official sunrise to onehalf hour after official sunset.
Season Dates: Open September 2,
through November 30, 2006.
Daily Bag Limit: 10 snipe and 10
woodcock.
PO 00000
Frm 00010
Fmt 4701
Sfmt 4700
Mourning Dove
Season Dates: Open September 2,
through November 30, 2006.
Daily Bag Limit: 25 doves.
General Conditions: Shooting hours
are one-half hour before sunrise to onehalf hour after sunset. Nontoxic shot is
required.
E:\FR\FM\20SER2.SGM
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Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Rules and Regulations
(u) White Mountain Apache Tribe, Fort
Apache Indian Reservation, Whiteriver,
Arizona (Tribal Members and Nontribal
Hunters)
Mourning Doves (Wildlife Management
Unit 10 and Areas South of Y–70 and
Y–10 in Wildlife Management Unit 7,
Only)
Band-Tailed Pigeons (Wildlife
Management Unit 10 and Areas South
of Y–70 and Y–10 in Wildlife
Management Unit 7, Only)
Season Dates: Open September 1,
through September 15, 2006.
Daily Bag and Possession Limits: 10
and 20 doves, respectively.
General Conditions: All nontribal
hunters hunting band-tailed pigeons
and mourning doves on Reservation
lands shall have in their possession a
valid White Mountain Apache Daily or
Yearly Small Game Permit. In addition
to a small game permit, all nontribal
hunters hunting band-tailed pigeons
sroberts on PROD1PC70 with RULES
Season Dates: Open September 1,
through September 15, 2006.
Daily Bag and Possession Limits:
Three and six pigeons, respectively.
VerDate Aug<31>2005
17:14 Sep 19, 2006
Jkt 208001
PO 00000
Frm 00011
Fmt 4701
Sfmt 4700
55085
must have in their possession a White
Mountain Special Band-tailed Pigeon
Permit. Other special regulations
established by the White Mountain
Apache Tribe apply on the reservation.
Tribal and nontribal hunters will
comply with all basic Federal migratory
bird hunting regulations in 50 CFR part
20 regarding shooting hours and manner
of taking.
Dated: September 13, 2006.
David M. Verhey,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. E6–15564 Filed 9–19–06; 8:45 am]
BILLING CODE 4310–55–P
E:\FR\FM\20SER2.SGM
20SER2
Agencies
[Federal Register Volume 71, Number 182 (Wednesday, September 20, 2006)]
[Rules and Regulations]
[Pages 55076-55085]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-15564]
[[Page 55075]]
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Part III
Department of the Interior
-----------------------------------------------------------------------
Fish and Wildlife Service
-----------------------------------------------------------------------
50 CFR Part 20
Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain
Federal Indian Reservations and Ceded Lands for the 2006-07 Early
Season; Final Rule
Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 /
Rules and Regulations
[[Page 55076]]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AU42
Migratory Bird Hunting; Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations and Ceded Lands for the 2006-07
Early Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule prescribes special early season migratory bird
hunting regulations for certain tribes on Federal Indian reservations,
off-reservation trust lands, and ceded lands. This responds to tribal
requests for U.S. Fish and Wildlife Service (hereinafter Service or we)
recognition of their authority to regulate hunting under established
guidelines. This rule allows the establishment of season bag limits
and, thus, harvest at levels compatible with populations and habitat
conditions.
DATES: This rule takes effect on September 1, 2006.
ADDRESSES: You may inspect comments received on the proposed special
hunting regulations and tribal proposals during normal business hours
in room 4107, Arlington Square Building, 4501 N. Fairfax Drive,
Arlington, Virginia.
FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, Division of Migratory
Bird Management, U.S. Fish and Wildlife Service, (703/358-1967).
SUPPLEMENTARY INFORMATION: The Migratory Bird Treaty Act (MBTA) of July
3, 1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), authorizes and directs
the Secretary of the Department of the Interior, having due regard for
the zones of temperature and for the distribution, abundance, economic
value, breeding habits, and times and lines of flight of migratory game
birds, to determine when, to what extent, and by what means such birds
or any part, nest, or egg thereof may be taken, hunted, captured,
killed, possessed, sold, purchased, shipped, carried, exported, or
transported.
In the August 17, 2006, Federal Register (71 FR 47461), we proposed
special migratory bird hunting regulations for the 2006-07 hunting
season for certain Indian tribes, under the guidelines described in the
June 4, 1985, Federal Register (50 FR 23467). The guidelines respond to
tribal requests for Service recognition of their reserved hunting
rights, and for some tribes, recognition of their authority to regulate
hunting by both tribal members and nonmembers on their reservations.
The guidelines include possibilities for:
(1) On-reservation hunting by both tribal members and nonmembers,
with hunting by nontribal members on some reservations to take place
within Federal frameworks but on dates different from those selected by
the surrounding State(s);
(2) On-reservation hunting by tribal members only, outside of usual
Federal frameworks for season dates and length, and for daily bag and
possession limits; and
(3) Off-reservation hunting by tribal members on ceded lands,
outside of usual framework dates and season length, with some added
flexibility in daily bag and possession limits. In all cases, the
regulations established under the guidelines must be consistent with
the March 10-September 1 closed season mandated by the 1916 Migratory
Bird Treaty with Canada.
In the April 11, 2006, Federal Register (71 FR 18562), we requested
that tribes desiring special hunting regulations in the 2006-07 hunting
season submit a proposal including details on:
(a) Harvest anticipated under the requested regulations;
(b) Methods that would be employed to measure or monitor harvest
(such as bag checks, mail questionnaires, etc.);
(c) Steps that would be taken to limit level of harvest, where it
could be shown that failure to limit such harvest would adversely
impact the migratory bird resource; and
(d) Tribal capabilities to establish and enforce migratory bird
hunting regulations. No action is required if a tribe wishes to observe
the hunting regulations established by the State(s) in which an Indian
reservation is located. We have successfully used the guidelines since
the 1985-86 hunting season. We finalized the guidelines beginning with
the 1988-89 hunting season (August 18, 1988, Federal Register [53 FR
31612]).
Although the proposed rule included generalized regulations for
both early- and late-season hunting, this rulemaking addresses only the
early-season proposals. Late-season hunting will be addressed in late-
September. As a general rule, early seasons begin during September each
year and have a primary emphasis on such species as mourning and white-
winged dove. Late seasons begin about October 1 or later each year and
have a primary emphasis on waterfowl.
Population Status and Harvest
The following paragraphs provide a brief summary of information on
the status and harvest of waterfowl excerpted from various reports. The
August 17 proposed rule contained a brief summary on the status and
harvest of migratory shore and upland game birds. For more detailed
information on methodologies and results, you may obtain complete
copies of the various reports at the address indicated under ADDRESSES
or from our Web site at https://migratorybirds.fws.gov.
Status of Ducks
Federal, provincial, and State agencies conduct surveys each spring
to estimate the size of breeding populations and to evaluate the
conditions of the habitats. These surveys are conducted using fixed-
wing aircraft and helicopters and encompass principal breeding areas of
North America, and cover over 2.0 million square miles. The Traditional
survey area comprises Alaska, Canada, and the north central United
States, and includes approximately 1.3 million square miles. The
Eastern survey area includes parts of Ontario, Quebec, Labrador,
Newfoundland, Nova Scotia, Prince Edward Island, New Brunswick, New
York, and Maine, an area of approximately 0.7 million square miles.
Breeding Ground Conditions
Despite a very warm winter, breeding waterfowl habitat quality in
the United States and Canada is slightly better this year than last
year. Improvements in Canadian and U.S. prairie habitats were primarily
due to average to above-average precipitation, warm spring
temperatures, and carry-over effects from the good summer conditions of
2005. Improved habitat conditions were reflected in the higher number
of ponds counted in Prairie Canada this year compared to last year. The
2006 estimate of ponds in Prairie Canada was 4.4 0.2
million ponds, a 13 percent increase from last year's estimate of 3.9
0.2 million ponds, and 32 percent above the 1955-2005
average. Habitat conditions on the U.S prairies were more variable than
those on the Canadian prairies. The 2006 pond estimate for the
northcentral United States (1.6 0.1 million) was similar
to last year's estimate and the long-term average. The total pond
estimate (Prairie Canada and United States combined) was 6.1 0.2 million ponds. This was 13 percent greater than last year's
estimate of 5.4 0.2 million and 26 percent higher than the
long-term average of 4.8 0.1 million ponds.
[[Page 55077]]
In the Eastern Survey Area (strata 51-72), spring-like conditions
also arrived early with an early ice break-up and relatively mild
temperatures. Biologists reported that habitat conditions were
generally good across most of the survey area.
Breeding Population Status
In the Waterfowl Breeding Population and Habitat Survey traditional
survey area (strata 1-18, 20-50, and 75-77), the total duck population
estimate was 36.2 0.6 [SE] million birds. This was 14
percent greater than last year's estimate of 31.7 0.6
million birds and 9 percent above the 1955-2005 long-term average.
Mallard (Anas platyrhynchos) abundance was 7.3 0.2 million
birds, which was similar to last year's estimate of 6.8
0.3 million birds and to the long-term average. Blue-winged teal (A.
discors) abundance was 5.9 0.3 million birds. This value
was 28 percent greater than last year's estimate of 4.6
0.2 million birds and 30 percent above the long-term average. The
estimated abundance of green-winged teal (A. crecca; 2.6
0.2 million) was 20 percent greater than last year and 39 percent above
the long-term average. The estimated number of gadwall (A. strepera;
2.8 0.2 million) was 30 percent greater than last year and
was 67 percent above the long-term average, and the estimated number of
redheads (Aythya americana; 0.9 0.1 million) increased 55
percent relative to 2005 and was 47 percent above the long-term
average. The canvasback estimate (A. valisineria; 0.7 0.1
million) was 33 percent higher than last year's and was 23 percent
higher than the long-term average. The Northern shoveler (Anas
clypeata; 3.7 0.2 million) estimate was similar to last
year's, and 69 percent above the long-term average. Although estimates
for most species increased relative to last year's and were greater
than their long-term averages, American wigeon (A. americana; 2.2
0.1 million) and scaup (Aythya affinis and A. marila
combined; 3.2 0.2 million) estimates were unchanged
relative to 2005, but remained 17 percent and 37 percent below their
long-term averages, respectively. The estimate for scaup was a record
low for the second consecutive year. The Northern pintail (Anas acuta;
3.4 0.2 million) estimate was 18 percent below its 1955-
2005 average, although this year's estimate was 32 percent greater than
that of last year.
The eastern survey area was restratified in 2005, and is now
composed of strata 51-72. Mergansers (red-breasted [Mergus serrator],
common [M. merganser], and hooded [Lophodytes cucullatus]), mallards,
American black ducks (A. rubripes), Ringnecked ducks (Aythya collaris),
goldeneyes (common [Bucephala clangula] and Barrow's [B. islandica])
and green-winged teal were all similar to their 2005 estimates.
American wigeon (-51 percent) and buffleheads ([B. albeola], -58
percent) were lower than their 2005 estimates. None of the species in
the eastern survey area differed from long-term averages.
Fall Flight Estimate
The mid-continent mallard population is composed of mallards from
the traditional survey area, Michigan, Minnesota, and Wisconsin, and is
7.9 0.2 million. This is similar to the 2005 estimate of
7.5 0.3 million. The projected mallard fall flight index
was 9.8 0.1 million, similar to the 2005 estimate of 9.3
0.1 million birds. These indices were based on revised
mid-continent mallard population models, and therefore, differ from
those previously published.
Status of Geese and Swans
We provide information on the population status and productivity of
North American Canada geese (Branta canadensis), brant (B. bernicla),
snow geese (Chen caerulescens), Ross' geese (C. rossii), emperor geese
(C. canagica), white-fronted geese (Anser albifrons), and tundra swans
(Cygnus columbianus). In 2006, the timing of spring snowmelt in
important goose and swan nesting areas in most of the Arctic and
subarctic was earlier than average. Delayed nesting phenology or
reduced nesting effort was indicated for only Alaska's Yukon Delta,
other coastal areas of Alaska, and near the Mackenzie River Delta in
the western Canadian Arctic. Primary abundance indices in 2006
increased from 2005 levels for 13 goose populations and decreased for
11 goose populations. Primary abundance indices in 2006 for both
populations of tundra swans increased from 2005 levels. The Mississippi
Flyway Giant and the Atlantic Canada goose populations, the Western
Arctic/Wrangel Island snow goose population, and the Pacific white-
fronted goose population displayed significant positive trends during
the most recent 10-year period. The Short Grass Prairie Canada goose
and the Mid-continent light goose populations showed significant
negative 10-year trends. The forecast for the production of geese and
swans in North America in 2006 is generally favorable and improved from
that of 2005.
Waterfowl Harvest and Hunter Activity
During the 2005-06 hunting season, both duck and goose harvest
increased from the previous year. U.S. hunters harvested 12,510,800
ducks in 2005-06, compared to 12,385,700 in 2004-05, and they harvested
3,660,700 geese, compared to 3,200,400 geese taken in 2004-05. The five
most commonly harvested duck species were mallard (4,466,927), green-
winged teal (1,500,479), gadwall (1,363,954), wood duck (1,119,921),
and blue-winged/cinnamon teal (703,534).
Comments and Issues Concerning Tribal Proposals
For the 2006-07 migratory bird hunting season, we proposed
regulations for 28 tribes and/or Indian groups that followed the 1985
guidelines and were considered appropriate for final rulemaking. Some
of the proposals submitted by the tribes had both early- and late-
season elements. However, as noted earlier, only those with early-
season proposals are included in this final rulemaking; 21 tribes have
proposals with early seasons. The comment period for the proposed rule,
published on August 17, 2006, closed on August 28, 2006. Because of the
necessary brief comment period, we will respond to any comments on the
proposed rule and/or these regulations postmarked by August 28, but not
received prior to final action by us, in the September late-season
final rule.
Great Lakes Indian Fish and Wildlife Commission's (GLIFWC) Proposal
We received 23 comments in response to our April 11, 2006, notice
of intent announcing regulations for migratory bird hunting by Native
American Tribal members, GLIFWC's proposal we received, and our August
17, 2006, proposed rule. The Mississippi Flyway Council, the Minnesota
Department of Natural Resources, the Wisconsin Department of Natural
Resources, the Wisconsin Conservation Congress, and a number of
individuals were strongly opposed to the GLIFWC's proposal that
requested: (1) Increased bag limits for most species (from 20 to 40
birds per day); and (2) removal of the restriction on baiting on ceded
lands. They requested we deny both of these proposed changes believing
that the increase in harvest would create a conservation concern to
locally breeding duck populations. They also believed that the use of
bait on ceded lands would effectively close hunting for the general
public in and around baited areas because Federal and State
[[Page 55078]]
regulations prevent hunting over bait regardless of a person's
knowledge of a baited area.
The GLIFWC also responded to our August 17 proposed rule. GLIFWC
believed that we did not provide sufficient biological, public health,
or safety rationale and supporting data for rejecting their proposal.
They believed that we examined the proposal through the ``lens of sport
hunting and its fair chase precepts rather than pursuant to and
consistent with the nature and extent of the tribes' court-affirmed
treaty hunting rights.'' They further state that our response should be
based upon law and objective rationale rather than ``polemics'' and
``hyperbole.'' GLIFWC asserts that hunting over and with bait is a
common practice for many species, as well as a court-approved practice
within the scope of the tribes' ceded-territory treaty rights. GLIFWC
similarly rejects our assertion that the proposal would cause confusion
and resentment among the general public and other hunters
Service Response: As we stated in the August 17 proposed rule, we
do not support the increase in bag limits and removal of baiting
restrictions proposed by the GLIFWC due to legal, social, and
conservation concerns. While we recognize that baiting is an accepted
hunting practice for a number of resident game species, like whitetail
deer or bear, it is not a recognized, legitimate, or accepted hunting
practice for migratory game birds. Since its prohibition in the 1930's,
we have not allowed the hunting of migratory game birds over baited
areas for a number of well-documented biological, conservation,
ethical, and social considerations. Further, this is the first time
that we know of that a tribe or tribal organization has asserted that
the baiting of migratory game birds is within treaty hunting rights. In
that regard, while we believe that is not the case, we are willing to
further discuss the issue with the GLIFWC. Until such time as we agree
or it is determined to be properly part of a treaty right, we do not
believe that GLIFWC's proposal to allow baiting for the 2006-07 hunting
season is in the best interests of the Service, the GLIFWC, the general
public, or the migratory bird resource.
Additionally, while we acknowledge that tribal harvest and
participation has declined in recent years, we are not of the opinion
that allowing baiting is the best way to increase tribal hunter
participation. As we stated above, removing the present restrictions on
waterfowl baiting would lead to confusion and frustration on the part
of the public, hunters, wildlife-management agencies, and law
enforcement officials due to the inherent difficulties of different
sets of baiting regulations for different areas and groups of hunters,
especially on ceded lands that are not in the ownership of the Tribes.
Further, from the standpoint of conservation of the resources involved,
baiting could potentially seriously impact local migratory bird
populations, and widespread baiting could potentially affect overall
migratory patterns. Luring local and migrating flocks in ever-greater
numbers by artificial means could also provide increased opportunities
for disease transmission, increased competition for limited food
supplies, and increased susceptibility to wide-spread disease outbreaks
like avian cholera, duck plague, and avian botulism.
Recent GLIFWC harvest surveys (1996-98, 2001, and 2004) indicate
that tribal off-reservation waterfowl harvest has averaged less than
1,000 ducks and 120 geese annually. In the latest survey year (2004),
an estimated 53 hunters took an estimated 421 trips and harvested 645
ducks (1.5 ducks per trip) and 84 geese (0.2 geese per trip). Further,
in the last 5 years of harvest surveys, only one hunter reported
harvesting 20 ducks in a single day. Analysis of hunter survey data
over the period in question (1996-2004) indicates a general downward
trend in both harvest and hunter participation.
Based on this data, present daily bag limits do not appear to be a
hindrance or limiting factor for tribal harvest. Therefore, we do not
accept the GLIFWC's proposal for significantly increased daily bag
limits for most species in the 1837 and 1842 Treaty Areas at this time.
However, if we develop or are presented information that shows
otherwise, we would certainly entertain increasing bag limits for
waterfowl, coots, moorhens, and mourning doves to meet tribal needs
within conservation limits. We do, however, support the proposals for
increasing the daily bag limits for mergansers, snipe, and woodcock in
the 1837 and 1842 Treaty Areas to bring them more in line with current
GLIFWC daily bag limits for ducks and geese. In addition, the Service
is willing to meet with the GLIFWC to explore possible ways to increase
tribal participation in migratory bird hunting opportunities. Finally,
as with all tribal harvest, we request that the GLIFWC monitor the
member bands' harvest.
NEPA Consideration
NEPA considerations are covered by the programmatic document
``Final Supplemental Environmental Impact Statement: Issuance of Annual
Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88-
14),'' filed with the Environmental Protection Agency on June 9, 1988.
We published Notice of Availability in the Federal Register on June 16,
1988 (53 FR 22582). We published our Record of Decision on August 18,
1988 (53 FR 31341). In addition, an August 1985 environmental
assessment entitled ``Guidelines for Migratory Bird Hunting Regulations
on Federal Indian Reservations and Ceded Lands'' is available from the
address indicated under the caption ADDRESSES.
In a notice published in the September 8, 2005, Federal Register
(70 FR 53376), we announced our intent to develop a new Supplemental
Environmental Impact Statement for the migratory bird hunting program.
Public scoping meetings were held in the spring of 2006, as we detailed
in a March 9, 2006, Federal Register notice (71 FR 12216).
Endangered Species Act Considerations
Section 7 of the Endangered Species Act, as amended (16 U.S.C.
1531-1543; 87 Stat. 884), provides that, ``The Secretary shall review
other programs administered by him and utilize such programs in
furtherance of the purposes of this Act'' (and) shall ``insure that any
action authorized, funded or carried out * * * is not likely to
jeopardize the continued existence of any endangered species or
threatened species or result in the destruction or adverse modification
of [critical] habitat * * *'' Consequently, we conducted consultations
to ensure that actions resulting from these regulations would not
likely jeopardize the continued existence of endangered or threatened
species or result in the destruction or adverse modification of their
critical habitat. Findings from these consultations are included in a
biological opinion and may have caused modification of some regulatory
measures previously proposed. The final frameworks reflect any
modifications. Our biological opinions resulting from this Section 7
consultation are public documents available for public inspection in
the Service's Division of Endangered Species and Division of Migratory
Bird Management, at the address indicated under ADDRESSES.
Executive Order 12866
The migratory bird hunting regulations are economically significant
and were reviewed by the Office of Management and Budget (OMB) under
[[Page 55079]]
Executive Order 12866. As such, a cost-benefit analysis was initially
prepared in 1981. This analysis was subsequently revised annually from
1990 through 1996, updated in 1998, and updated again in 2004. It is
further discussed below under the heading Regulatory Flexibility Act.
Results from the 2004 analysis indicate that the expected economic
benefit of the annual migratory bird hunting frameworks is on the order
of $734 to $1,064 million, with a mid-point estimate of $899 million.
Copies of the cost-benefit analysis are available upon request from the
address indicated under ADDRESSES or from our Web site at https://
www.migratorybirds.gov.
Regulatory Flexibility Act
These regulations have a significant economic impact on substantial
numbers of small entities under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). We analyzed the economic impacts of the annual
hunting regulations on small business entities in detail as part of the
1981 cost-benefit analysis discussed under Executive Order 12866. This
analysis was revised annually from 1990 through 1995. In 1995, the
Service issued a Small Entity Flexibility Analysis (Analysis), which
was subsequently updated in 1996, 1998, and 2004. The primary source of
information about hunter expenditures for migratory game bird hunting
is the National Hunting and Fishing Survey, which is conducted at 5-
year intervals. The 2004 Analysis was based on the 2001 National
Hunting and Fishing Survey and the U.S. Department of Commerce's County
Business Patterns, from which it was estimated that migratory bird
hunters would spend between $481 million and $1.2 billion at small
businesses in 2004. Copies of the Analysis are available upon request
from the address indicated under ADDRESSES or from our Web site at
https://www.migratorybirds.gov.
Small Business Regulatory Enforcement Fairness Act
This rule is a major rule under 5 U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act. For the reasons above, this rule
has an annual effect on the economy of $100 million or more. However,
because this rule establishes hunting seasons, we do not plan to defer
the effective date required by 5 U.S.C. 801 under the exemption
contained in 5 U.S.C. 808(1).
Paperwork Reduction Act
We examined these regulations under the Paperwork Reduction Act of
1995. The various recordkeeping and reporting requirements imposed
under regulations established in 50 CFR part 20, Subpart K, are
utilized in the formulation of migratory game bird hunting regulations.
Specifically, OMB has approved the information collection requirements
of the Migratory Bird Harvest Surveys and assigned clearance number
1018-0015 (expires 2/29/2008). This information is used to provide a
sampling frame for voluntary national surveys to improve our harvest
estimates for all migratory game birds in order to better manage these
populations. OMB has also approved the information collection
requirements of the Sandhill Crane Harvest Questionnaire and assigned
clearance number 1018-0023 (expires 11/30/2007). The information from
this survey is used to estimate the magnitude and the geographical and
temporal distribution of the harvest, and the portion it constitutes of
the total population.
A Federal agency may not conduct or sponsor and a person is not
required to respond to a collection of information unless it displays a
currently valid OMB control number.
Unfunded Mandates Reform Act
We have determined and certify, in compliance with the requirements
of the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this
rulemaking will not impose a cost of $100 million or more in any given
year on local or State government or private entities. Therefore, this
rule is not a ``significant regulatory action'' under the Unfunded
Mandates Reform Act.
Civil Justice Reform Executive Order 12988
The Department, in promulgating this rule, has determined that this
rule will not unduly burden the judicial system and that it meets the
requirements of sections 3(a) and 3(b)(2) of Executive Order 12988.
Takings Implication Assessment
In accordance with Executive Order 12630, this rule, authorized by
the Migratory Bird Treaty Act, does not have significant takings
implications and does not affect any constitutionally protected
property rights. This rule will not result in the physical occupancy of
property, the physical invasion of property, or the regulatory taking
of any property. In fact, these rules allow hunters to exercise
otherwise unavailable privileges and, therefore, reduce restrictions on
the use of private and public property.
Energy Effects--Executive Order 13211
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, and
use. Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. While this rule is a
significant regulatory action under Executive Order 12866, it is not
expected to adversely affect energy supplies, distribution, or use.
Therefore, this action is not a significant energy action and no
Statement of Energy Effects is required.
Federalism Effects
Due to the migratory nature of certain species of birds, the
Federal Government has been given responsibility over these species by
the Migratory Bird Treaty Act. We annually prescribe frameworks from
which the States make selections regarding the hunting of migratory
birds, and we employ guidelines to establish special regulations on
Federal Indian reservations and ceded lands. This process preserves the
ability of the States and tribes to determine which seasons meet their
individual needs. Any State or tribe may be more restrictive than the
Federal frameworks. The frameworks are developed in a cooperative
process with the States and the Flyway Councils. This process allows
States to participate in the development of frameworks from which they
will make selections, thereby having an influence on their own
regulations. These rules do not have a substantial direct effect on
fiscal capacity, change the roles or responsibilities of Federal or
State governments, or intrude on State policy or administration.
Therefore, in accordance with Executive Order 13132, these regulations
do not have significant federalism effects and do not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Government-to-Government Relationship With Tribes
Due to the migratory nature of certain species of birds, the
Federal Government has been given responsibility over these species by
the Migratory Bird Treaty Act. Thus, in accordance with the President's
memorandum of April 29, 1994, ``Government-to-Government Relations with
Native American Tribal Governments'' (59 FR 22951), Executive Order
13175, and 512 DM 2, we have evaluated possible effects on federally
recognized Indian tribes and have
[[Page 55080]]
determined that there are no effects on Indian trust resources.
However, by virtue of the tribal proposals process, we have consulted
with all the tribes affected by this rule.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
0
Accordingly, part 20, subchapter B, chapter I of title 50 of the Code
of Federal Regulations is amended as follows:
PART 20--[AMENDED]
0
1. The authority citation for part 20 continues to read as follows:
Authority: 16 U.S.C. 703 (712 and 16 U.S.C. 742 a(j), Pub L.
106-108.
Note: The following hunting regulations provided for by 50 CFR
20.110 will not appear in the Code of Federal Regulations because of
their seasonal nature.
0
2. Section 20.110 is revised to read as follows:
Sec. 20.110 Seasons, limits, and other regulations for certain
Federal Indian reservations, Indian Territory, and ceded lands.
(a) Colorado River Indian Tribes, Parker, Arizona (Tribal Members and
Nontribal Hunters)
Doves
Season Dates: Open September 1, through September 15, 2006; then
open November 11, through December 25, 2006.
Daily Bag and Possession Limits: For the early season, daily bag
limit is 10 mourning or white-winged doves, singly, or in the
aggregate. For the late season, the daily bag limit is 10 mourning
doves. Possession limits are twice the daily bag limits.
General Conditions: All persons 14 years and older must be in
possession of a valid Colorado River Indian Reservation hunting permit
before taking any wildlife on tribal lands. Any person transporting
game birds off the Colorado River Indian Reservation must have a valid
transport declaration form. Other tribal regulations apply, and may be
obtained at the Fish and Game Office in Parker, Arizona.
(b) Confederated Salish and Kootenai Tribes, Flathead Indian
Reservation, Pablo, Montana (Tribal Hunters)
Tribal Members Only
Ducks (Including Mergansers)
Season Dates: Open September 1, 2006, through March 9, 2007.
Daily Bag and Possession Limits: The Tribe does not have specific
bag and possession restrictions for Tribal members. The season on
harlequin duck is closed.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: Same as ducks.
Geese
Season Dates: Same as ducks.
Daily Bag and Possession Limits: Same as ducks.
General Conditions: Tribal and Nontribal hunters must comply with
all basic Federal migratory bird hunting regulations contained in 50
CFR part 20 regarding manner of taking. In addition, shooting hours are
sunrise to sunset, and each waterfowl hunter 16 years of age or older
must carry on his/her person a valid Migratory Bird Hunting and
Conservation Stamp (Duck Stamp) signed in ink across the stamp face.
Special regulations established by the Confederated Salish and Kootenai
Tribes also apply on the reservation.
(c) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort
Thompson, South Dakota (Tribal Members and Nontribal Hunters)
Sandhill Cranes
Season Dates: Open September 10, through October 16, 2006.
Daily Bag Limit: Three sandhill cranes.
Permits: Each person participating in the sandhill crane season
must have a valid Federal sandhill crane hunting permit in his or her
possession while hunting.
Doves
Season Dates: Open September 1, through October 30, 2006.
Daily Bag Limit: 15 mourning doves.
General Conditions: The possession limit is twice the daily bag
limit. Tribal and nontribal hunters must comply with basic Federal
migratory bird hunting regulations in 50 CFR part 20 regarding shooting
hours and manner of taking. In addition, each waterfowl hunter 16 years
of age or over must carry on his/her person a valid Migratory Bird
Hunting and Conservation Stamp (Duck Stamp) signed in ink across the
stamp face. Special regulations established by the Crow Creek Sioux
Tribe also apply on the reservation.
(d) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet,
Minnesota (Tribal Members Only)
All seasons in Minnesota, 1854 and 1837 Treaty Zones:
Doves
Season Dates: Open September 1, through October 30, 2006.
Daily Bag Limit: 30 doves.
Ducks and Mergansers
Season Dates: Open September 15, through December 3, 2006.
Daily Bag Limit for Ducks: 18 ducks, including no more than 12
mallards (only 6 of which may be hens), 3 black ducks, 6 scaup, 4 wood
ducks, 6 redheads, 3 pintails and 3 canvasbacks.
Daily Bag Limit for Mergansers: 15 mergansers, including no more
than 3 hooded mergansers.
Canada Geese
Season Dates: Open September 1, through December 3, 2006.
Daily Bag Limit: 12 geese.
Coots and Common Moorhens (Gallinule)
Season Dates: Open September 15, through December 3, 2006.
Daily Bag Limit: 20 coots and common moorhens, singly or in the
aggregate.
Sora and Virginia Rails
Season Dates: Open September 1, through December 3, 2006.
Daily Bag Limit: 25 sora and Virginia rails, singly or in the
aggregate. There is no possession limit.
Common Snipe and Woodcock
Season Dates: Open September 1, through December 3, 2006.
Daily Bag Limit: Eight snipe and three woodcock.
General Conditions:
1. While hunting waterfowl, a tribal member must carry on his/her
person a valid tribal waterfowl hunting permit.
2. Except as otherwise noted, tribal members will be required to
comply with tribal codes that will be no less restrictive than the
provisions of Chapter 10 of the Model Off-Reservation Code. Except as
modified by the Service rules adopted in response to this proposal,
these amended regulations parallel Federal requirements in 50 CFR part
20 as to hunting methods, transportation, sale, exportation, and other
conditions generally applicable to migratory bird hunting.
3. Band members in each zone will comply with State regulations
providing for closed and restricted waterfowl hunting areas.
[[Page 55081]]
4. There are no possession limits on any species, unless otherwise
noted above. For purposes of enforcing bag and possession limits, all
migratory birds in the possession or custody of band members on ceded
lands will be considered to have been taken on those lands unless
tagged by a tribal or State conservation warden as having been taken
on-reservation. All migratory birds that fall on reservation lands will
not count as part of any off-reservation bag or possession limit.
(e) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay,
Michigan (Tribal Members Only)
All seasons in Michigan, 1836 Treaty Zone:
Ducks
Season Dates: Open September 22, 2006, through January 21, 2007.
Daily Bag Limit: 12 ducks, which may include no more than 2
pintail, 2 canvasback, 3 black ducks, 1 hooded merganser, 3 wood ducks,
3 redheads, and 6 mallards (only 3 of which may be hens).
Canada and Snow Geese
Season Dates: Open September 1, through November 30, and open
January 1, 2007, through February 8, 2007.
Daily Bag Limit: Five geese.
Other Geese (White-Fronted Geese and Brant)
Season Dates: Open September 20, through November 30, 2006.
Daily Bag Limit: Five geese.
Sora Rails, Common Snipe, and Woodcock
Season Dates: Open September 1, through November 14, 2006.
Daily Bag Limit: Ten rails, ten snipe, and five woodcock.
Mourning Doves
Season Dates: Open September 1, through November 14, 2006.
Daily Bag Limit: Ten mourning doves.
General Conditions: A valid Grand Traverse Band Tribal license is
required and must be in possession before taking any wildlife. All
other basic regulations contained in 50 CFR part 20 are valid. Other
tribal regulations apply, and may be obtained at the tribal office in
Suttons Bay, Michigan.
(f) Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin
(Tribal Members Only)
Ducks
A. 1837 and 1842 Treaty Areas
Season Dates: Open September 15, through December 1, 2006.
Daily Bag Limit: 20 ducks, including no more than 10 mallards (only
5 of which may be hens), 4 black ducks, 4 redheads, 4 pintails, and 2
canvasbacks.
B. 1836 Treaty Area
Season Dates: Open September 15, through December 1, 2006.
Daily Bag Limit: 10 ducks, including no more than 5 mallards (only
2 of which may be hens), 2 black ducks, 2 redheads, 2 pintails, and 1
canvasback.
Mergansers
A. 1837 and 1842 Treaty Areas
Season Dates: Open September 15, through December 1, 2006.
Daily Bag Limit: 10 mergansers.
B. 1836 Treaty Area
Season Dates: Open September 15, through December 1, 2006.
Daily Bag Limit: five mergansers.
Geese: All Ceded Areas
Season Dates: Open September 1, through December 1, 2006. In
addition, any portion of the ceded territory that is open to State-
licensed hunters for goose hunting after December 1 shall also be open
concurrently for tribal members.
Daily Bag Limit: 10 geese in the aggregate.
Other Migratory Birds: All Ceded Areas except where noted below.
A. Coots and Common Moorhens (Common Gallinules)
Season Dates: Open September 15, through December 1, 2006.
Daily Bag Limit: 20 coots and common moorhens (common gallinules),
singly or in the aggregate.
B. Sora and Virginia Rails
Season Dates: Open September 15, through December 1, 2006.
Daily Bag Limit: 20 sora and Virginia rails singly, or in the
aggregate.
Possession Limit: 20.
C. Common Snipe
Season Dates: Open September 15, through December 1, 2006.
Daily Bag Limit:
1837 and 1842 Treaty Areas: 16 common snipe.
1836 Treaty Area: eight common snipe.
D. Woodcock
Season Dates: Open September 5, through December 1, 2006.
Daily Bag Limit:
1837 and 1842 Treaty Areas: 10.
1836 Treaty Area: Five woodcock.
E. Mourning Doves: 1837 and 1842 Ceded Territories
Season Dates: Open September 1, through October 30, 2006.
Daily Bag Limit: 15 mourning doves.
General Conditions
A. All tribal members will be required to obtain a valid tribal
waterfowl hunting permit.
B. Except as otherwise noted, tribal members will be required to
comply with tribal codes that will be no less restrictive than the
model ceded territory conservation codes approved by Federal courts in
the Lac Courte Oreilles v. State of Wisconsin (Voigt) and Mille Lacs
Band v. State of Minnesota cases. The respective Chapters 10 of these
model codes regulate ceded territory migratory bird hunting. They
parallel Federal requirements as to hunting methods, transportation,
sale, exportation, and other conditions generally applicable to
migratory bird hunting. They also automatically incorporate by
reference the Federal migratory bird regulations adopted in response to
this proposal.
C. Particular regulations of note include:
1. Nontoxic shot will be required for all off-reservation waterfowl
hunting by tribal members.
2. Tribal members in each zone will comply with tribal regulations
providing for closed and restricted waterfowl hunting areas. These
regulations generally incorporate the same restrictions contained in
parallel State regulations.
3. Possession limits for each species are double the daily bag
limit, except on the opening day of the season, when the possession
limit equals the daily bag limit, unless otherwise noted above.
Possession limits are applicable only to transportation and do not
include birds that are cleaned, dressed, and at a member's primary
residence. For purposes of enforcing bag and possession limits, all
migratory birds in the possession and custody of tribal members on
ceded lands will be considered to have been taken on those lands unless
tagged by a tribal or State conservation warden as taken on reservation
lands. All migratory birds that fall on reservation lands will not
count as part of any off-reservation bag or possession limit.
4. The baiting restrictions can be obtained at the Tribal office in
the model ceded territory conservation codes. These codes will be
amended to include language that parallels that in place for nontribal
members as published by the Service in the Federal Register at 64 FR
29804, June 3, 1999.
[[Page 55082]]
5. The shell limit restrictions of the model ceded territory
conservation codes will be removed.
D. Michigan--Duck Blinds and Decoys. Tribal members hunting in
Michigan will comply with tribal codes that contain provisions parallel
to Michigan law regarding duck blinds and decoys.
(g) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal
Members and Nontribal Hunters)
Nontribal Hunters on Reservation
Geese
Season Dates: Open September 1, 2006, through September 17, for the
early-season, and open October 1, through January 31, 2007, for the
late-season. During this period, days to be hunted are specified by the
Kalispel Tribe. Nontribal hunters should contact the Tribe for more
detail on hunting days.
Daily Bag and Possession Limits: 5 Canada geese for the early
season, and 3 light geese and 4 dark geese, for the late season. The
daily bag limit is 2 brant and is in addition to dark goose limits for
the late-season. The possession limit is twice the daily bag limit.
Tribal Hunters Within Kalispel Ceded Lands
Ducks
Season Dates: Open September 1, 2006, through January 31, 2007.
Daily Bag and Possession Limits: 7 ducks, including no more than 2
female mallards, 4 scaup, and 2 redheads. The seasons on canvasbacks
and pintail are closed. The possession limit is twice the daily bag
limit.
Geese
Season Dates: Open September 1, 2006, through January 31, 2007.
Daily Bag Limit: 3 light geese and 4 dark geese. The daily bag
limit is 2 brant and is in addition to dark goose limits.
General: Tribal members must possess a validated Migratory Bird
Hunting and Conservation Stamp and a tribal ceded lands permit.
(h) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members
Only)
Ducks
Season Dates: Open September 23, through December 31, 2006.
Daily Bag Limits: 10 ducks.
Geese
Season Dates: Open September 1, through December 31, 2006.
Daily Bag Limits: 10 geese.
General: Possession limits are twice the daily bag limits. Shooting
hours are one-half hour before sunrise to one-half hour after sunset.
Nontoxic shot is required. Use of live decoys, bait, and commercial use
of migratory birds are prohibited. Waterfowl may not be pursued or
taken while using motorized craft.
(i) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal
Members Only)
Ducks
Season Dates: Open September 15, 2006, through January 20, 2007.
Daily Bag and Possession Limits: 12 ducks, including no more than 2
pintail, 2 canvasback, 1 hooded merganser, 3 black ducks, 3 wood ducks,
3 redheads, and 6 mallards (only 3 of which may be hens). The
possession limit is twice the daily bag limit.
Canada Geese
Season Dates: Open September 1, through February 8, 2007.
Daily Bag and Possession Limits: Five Canada geese and possession
limit is twice the daily bag limit.
White-Fronted Geese, Snow Geese, Ross Geese, and Brant
Season Dates: Open September 20, through November 30, 2006.
Daily Bag and Possession Limits: Five birds and the possession
limit is twice the daily bag limit.
Mourning Doves, Rails, Snipe, and Woodcock
Season Dates: Open September 1, through November 14, 2006.
Daily Bag and Possession Limits: 10 doves, 10 rails, 10 snipe, and
5 woodcock. The possession limit is twice the daily bag limit.
General:
A. All tribal members are required to obtain a valid tribal
resource card and 2006-07 hunting license.
B. Except as modified by the Service rules adopted in response to
this proposal, these amended regulations parallel all Federal
regulations contained in 50 CFR part 20.
C. Particular regulations of note include:
(1) Nontoxic shot will be required for all waterfowl hunting by
tribal members.
(2) Tribal members in each zone will comply with tribal regulations
providing for closed and restricted waterfowl hunting areas. These
regulations generally incorporate the same restrictions contained in
parallel State regulations.
(3) Possession limits for each species are double the daily bag
limit, except on the opening day of the season, when the possession
limit equals the daily bag limit, unless otherwise noted above.
D. Tribal members hunting in Michigan will comply with tribal codes
that contain provisions parallel to Michigan law regarding duck blinds
and decoys.
(j) The Little Traverse Bay Bands of Odawa Indians, Petoskey, Michigan
(Tribal Members Only)
Ducks
Season Dates: Open September 15, 2006, through January 20, 2007.
Daily Bag Limits: 12 ducks, including no more than 6 mallards (only
3 of which may be hens), 3 black ducks, 3 redheads, 3 wood ducks, 2
pintail, 1 hooded merganser, and 2 canvasback.
Coots and Gallinules
Season Dates: Same as ducks.
Daily Bag Limits: 12.
Canada Geese
Season Dates: Open September 1, 2006, through February 8, 2007.
Daily Bag Limit: Five geese.
White-Fronted Geese, Snow Geese, and Brant
Season Dates: Open September 1, through November 30, 2006.
Daily Bag Limit: 10 of each species.
Sora Rails, Snipe, and Mourning Doves
Season Dates: Open September 1, through November 14, 2006.
Daily Bag Limit: 10 of each species.
Woodcock
Season Dates: Open September 1, through November 14, 2006.
Daily Bag Limit: Five woodcock.
General: Possession limits are twice the daily bag limits.
(k) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,
South Dakota (Tribal Members and Nontribal Hunters)
Tribal Members
Youth Waterfowl Hunt
Season Dates: Open September 23, through September 24, 2006.
Daily Bag and Possession Limits: Six ducks, including no more than
five mallards (only one of which may be a hen), three scaup, one
mottled duck, two redheads, two wood ducks, one canvasback, and one
pintail. Coot daily bag limit is 15. Merganser daily bag limit is five,
including no more than one hooded merganser. The possession limit is
twice the daily bag limit.
[[Page 55083]]
Nontribal Hunters
Youth Waterfowl Hunt
Season Dates: Open September 23, through September 24, 2006.
Daily Bag and Possession Limits: Five ducks, including no more than
five mallards (only one of which may be a hen), three scaup, one
mottled duck, two redheads, two wood ducks, one pintail, and one
canvasback. Coot daily bag limit is 15. Merganser daily bag limit is
five, including no more than one hooded merganser. The possession limit
is twice the daily bag limit.
(l) Makah Indian Tribe, Neah Bay, Washington (Tribal Members)
Band-Tailed Pigeons
Season Dates: Open September 1, through October 31, 2006.
Daily Bag Limit: Two band-tailed pigeons.
Ducks and Coots
Season Dates: Open September 23, 2006, through January 21, 2007.
Daily Bag Limit: Seven ducks including no more than one redhead,
one pintail, and one canvasback. The seasons on wood duck and harlequin
are closed.
Geese
Season Dates: Open September 23, 2006, through January 21, 2007.
Daily Bag Limit: Four. The seasons on Aleutian and dusky Canada
geese are closed.
General
All other Federal regulations contained in 50 CFR part 20 would
apply. The following restrictions are also proposed by the Tribe: (1)
As per Makah Ordinance 44, only shotguns may be used to hunt any
species of waterfowl. Additionally, shotguns must not be discharged
within 0.25 miles of an occupied area; (2) Hunters must be eligible,
enrolled Makah tribal members and must carry their Indian Treaty
Fishing and Hunting Identification Card while hunting. No tags or
permits are required to hunt waterfowl; (3) The Cape Flattery area is
open to waterfowl hunting, except in designated wilderness areas, or
within 1 mile of Cape Flattery Trail, or in any area that is closed to
hunting by another ordinance or regulation; (4) The use of live decoys
and/or baiting to pursue any species of waterfowl is prohibited; (5)
Steel or bismuth shot only for waterfowl is allowed; the use of lead
shot is prohibited; (6) The use of dogs is permitted to hunt waterfowl.
(m) Navajo Indian Reservation, Window Rock, Arizona (Tribal Members and
Nontribal Hunters)
Band-Tailed Pigeons
Season Dates: Open September 1, through September 30, 2006.
Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
Season Dates: Open September 1, through September 30, 2006.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
General Conditions: Tribal and nontribal hunters will comply with
all basic Federal migratory bird hunting regulations in 50 CFR part 20,
regarding shooting hours and manner of taking. In addition, each
waterfowl hunter 16 years of age or over must carry on his/her person a
valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed
in ink across the face. Special regulations established by the Navajo
Nation also apply on the reservation.
(n) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal
Members Only)
Ducks (Including Mergansers)
Season Dates: Open September 23, through November 17, 2006, and
open November 27, through December 3, 2006.
Daily Bag and Possession Limits: Six, including no more than six
mallards (three hen mallards), six wood ducks, one redhead, two
pintail, and one hooded merganser. The possession limit is twice the
daily bag limit.
Geese
Season Dates: Open September 1, through November 17 and open
November 27, through December 31, 2006.
Daily Bag and Possession Limits: Three and Six Canada geese,
respectively. Hunters will be issued three tribal tags for geese in
order to monitor goose harvest. An additional three tags will be issued
each time birds are registered. A seasonal quota of 150 birds is
adopted. If the quota is reached before the season concludes, the
season will be closed at that time.
Woodcock
Season Dates: Open September 1, through November 17, 2006.
Daily Bag and Possession Limits: 5 and 10 woodcock, respectively.
Dove
Season Dates: Open September 1, through November 12, 2006.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
General Conditions: Tribal member shooting hours are one-half hour
before sunrise to one-half hour after sunset. Nontribal members hunting
on the Reservation or on lands under the jurisdiction of the Tribe must
comply with all State of Wisconsin regulations, including season dates,
shooting hours, and bag limits which differ from tribal member seasons.
Tribal members and nontribal members hunting on the Reservation or on
lands under the jurisdiction of the Tribe will observe all basic
Federal migratory bird hunting regulations found in 50 CFR part 20,
with the following exceptions: tribal members are exempt from the
purchase of the Migratory Waterfowl Hunting and Conservation Stamp
(Duck Stamp); and shotgun capacity is not limited to three shells.
(o) Skokomish Tribe, Shelton, Washington (Tribal Members Only)
Ducks and Mergansers
Season Dates: Open September 16, through December 31, 2006.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one pintail, one canvasback, one harlequin, and
two redheads. Possession limit is twice the daily bag limit.
Geese
Season Dates: Open September 16, through December 31, 2006.
Daily Bag and Possession Limits: Four geese, and may include no
more than three light geese. The season on Aleutian Canada geese is
closed. Possession limit is twice the daily bag limit.
Coots
Season Dates: Open September 16, through December 31, 2006.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
Season Dates: Open September 16, through December 31, 2006.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 16, through December 31, 2006.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-Tailed Pigeon
Season Dates: Open September 16, through December 31, 2006.
Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
[[Page 55084]]
General Conditions: All hunters authorized to hunt migratory birds
on the reservation must obtain a tribal hunting permit from the
respective Tribe. Hunters are also required to adhere to a number of
special regulations available at the tribal office.
(p) Squaxin Island Tribe, Squaxin Island Reservation, Shelton,
Washington (Tribal Members Only)
Ducks
Season Dates: Open September 1, 2006, through January 15, 2007.
Daily Bag and Possession Limits: Five ducks, which may include only
one canvasback. The season on harlequin ducks is closed. Possession
limit is twice the daily bag limit.
Geese
Season Dates: Open September 15, 2006, through January 15, 2007.
Daily Bag and Possession Limits: Four geese, and may include no
more than two snow geese. The season on Aleutian and cackling Canada
geese is closed. Possession limit is twice the daily bag limit.
Brant
Season Dates: Open September 1, through December 31, 2006.
Daily Bag and Possession Limits: Two and four brant, respectively.
Coots
Season Dates: Open September 1, 2006, through January 15, 2007.
Daily Bag Limits: 25 coots.
Snipe
Season Dates: Open September 15, 2006, and through January 15,
2007.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-Tailed Pigeons
Season Dates: Open September 1, through December 31, 2006.
Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
General Conditions: All tribal hunters must obtain a Tribal Hunting
Tag and Permit from the Tribe's Natural Resources Department and must
have the permit, along with the member's treaty enrollment card, on his
or her person while hunting. Shooting hours are one-half hour before
sunrise to one-half hour after sunset, and steel shot is required for
all migratory bird hunting. Other special regulations are available at
the tribal office in Shelton, Washington.
(q) Tulalip Tribes of Washington, Tulalip Indian Reservation,
Marysville, Washington (Tribal Members and Nontribal Hunters)
Tribal Members
Ducks (Including Coots and Mergansers)
Season Dates: Open September 15, 2006, and through February 28,
2007.
Daily Bag and Possession Limits: 7 and 14 ducks, respectively,
except that bag and possession limits may include no more than 2 female
mallards, 1 pintail, 4 scaup, and 2 redheads.
Geese
Season Dates: Open September 15, 2006, and through February 28,
2007.
Daily Bag and Possession Limits: 7 and 14 geese, respectively;
except that the bag limits may not include more than 2 brant and 1
cackling Canada goose. For those tribal members who engage in
subsistence hunting, the Tribes set a maximum annual bag limit of 365
ducks and 365 geese.
Snipe
Season Dates: Open September 15, 2006, through February 28, 2007.
Daily Bag and Possession Limits: 8 and 16, respectively.
General Conditions: All hunters on Tulalip Tribal lands are
required to adhere to shooting hour regulations set at one-half hour
before sunrise to sunset, special tribal permit requirements, and a
number of other tribal regulations enforced by the Tribe. Nontribal
hunters 16 years of age and older, hunting pursuant to Tulalip Tribes'
Ordinance No. 67, must possess a valid Federal Migratory Bird Hunting
and Conservation Stamp and a valid State of Washington Migratory
Waterfowl Stamp. Both stamps must be validated by signing across the
face of the stamp. Other tribal regulations apply, and may be obtained
at the tribal office in Marysville, Washington.
(r) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal
Members Only)
Mourning Dove
Season Dates: Open September 1, through December 31, 2006.
Daily Bag and Possession Limits: 12 and 15 mourning doves,
respectively.
Tribal members must have the tribal identification and harvest
report card on their person to hunt. Tribal members hunting on the
Reservation will observe all basic Federal migratory bird hunting
regulations found in 50 CFR part 20, except shooting hours would be
one-half hour before official sunrise to one-half hour after official
sunset.
(s) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal
Members Only)
Canada Geese
Season Dates: Open September 11, and through September 25, and open
November 1, through February 28, 2007.
Daily Bag Limits: 5 Canada geese during the first period, 3 during
the second.
Snow Geese
Season Dates: Open September 11, 2006, and through September 25,
2006.
Daily Bag Limits: 15 snow geese.
General Conditions: Shooting hours are one-half hour before sunrise
to sunset. Nontoxic shot is required. All basic Federal migratory bird
hunting regulations contained in 50 CFR part 20 will be observed.
(t) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal Members
Only)
Ducks and Mergansers
Season Dates: Open September 16, through December 17, 2006.
Daily Bag Limit for Ducks: 10 ducks, including no more than 2
mallards and 1 canvasback.
Daily Bag Limit for Mergansers: Five mergansers, including no more
than two hooded mergansers.
Geese
Season Dates: Open September 1, through September 29, 2006, and
open September 30, through December 17, 2006.
Daily Bag Limit: Eight geese through September 29 and five
thereafter.
Coots
Season Dates: Open September 2, through November 30, 2006.
Daily Bag Limit: 20 coots.
Sora and Virginia Rails
Season Dates: Open September 2, through November 30, 2006.
Daily Bag Limit: 25 sora and Virginia rails, singly or in the
aggregate.
Common Snipe and Woodcock
Season Dates: Open September 2, through November 30, 2006.
Daily Bag Limit: 10 snipe and 10 woodcock.
Mourning Dove
Season Dates: Open September 2, through November 30, 2006.
Daily Bag Limit: 25 doves.
General Conditions: Shooting hours are one-half hour before sunrise
to one-half hour after sunset. Nontoxic shot is required.
[[Page 55085]]
(u) White Mountain Apache Tribe, Fort Apache Indian Reservation,
Whiteriver, Arizona (Tribal Members and Nontribal Hunters)
Band-Tailed Pigeons (Wildlife Management Unit 10 and Areas South of Y-
70 and Y-10 in Wildlife Management Unit 7, Only)
Season Dates: Open September 1, through September 15, 2006.
Daily Bag and Possession Limits: Three and six pigeons,
respectively.
Mourning Doves (Wildlife Management Unit 10 and Areas South of Y-70 and
Y-10 in Wildlife Management Unit 7, Only)
Season Dates: Open September 1, through September 15, 2006.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
General Conditions: All nontribal hunters hunting band-tailed
pigeons and mourning doves on Reservation lands shall have in their
possession a valid White Mountain Apache Daily or Yearly Small Game
Permit. In addition to a small game permit, all nontribal hunters
hunting band-tailed pigeons must have in their possession a White
Mountain Special Band-tailed Pigeon Permit. Other special regulations
established by the White Mountain Apache Tribe apply on the
reservation. Tribal and nontribal hunters will comply with all basic
Federal migratory bird hunting regulations in 50 CFR part 20 regarding
shooting hours and manner of taking.
Dated: September 13, 2006.
David M. Verhey,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E6-15564 Filed 9-19-06; 8:45 am]
BILLING CODE 4310-55-P