Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2008-09 Season, 48098-48115 [E8-18930]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 73, Number 159 (Friday, August 15, 2008)]
[Proposed Rules]
[Pages 48098-48115]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18930]



[[Page 48097]]

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Part V





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 20



Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on 
Certain Federal Indian Reservations and Ceded Lands for the 2008-09 
Season; Proposed Rule

Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / 
Proposed Rules

[[Page 48098]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[FWS-R9-MB-2008-0032, 91200-1231-9BPP-L2]
RIN 1018-AV62


Migratory Bird Hunting; Proposed Migratory Bird Hunting 
Regulations on Certain Federal Indian Reservations and Ceded Lands for 
the 2008-09 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (hereinafter, Service or 
we) proposes special migratory bird hunting regulations for certain 
Tribes on Federal Indian reservations, off-reservation trust lands, and 
ceded lands for the 2008-09 migratory bird hunting season.

DATES: We will accept all comments on the proposed regulations that are 
postmarked or received in our office by August 25, 2008.

ADDRESSES: You may submit comments on the proposals by one of the 
following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: 1018-AV62; Division of Policy and Directives Management; U.S. 
Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, 
VA 22203.
    We will not accept e-mail or faxes. We will post all comments on 
https://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments section 
below for more information).

FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, Division of Migratory 
Bird Management, U.S. Fish and Wildlife Service, (703) 358-1714.

SUPPLEMENTARY INFORMATION: In the May 28, 2008, Federal Register (73 FR 
30712), we requested proposals from Indian Tribes wishing to establish 
special migratory bird hunting regulations for the 2008-09 hunting 
season, under the guidelines described in the June 4, 1985, Federal 
Register (50 FR 23467). In this supplemental proposed rule, we propose 
special migratory bird hunting regulations for 28 Indian Tribes, based 
on the input we received in response to the May 28, 2008, proposed 
rule. As described in that document/proposed rule, the promulgation of 
annual migratory bird hunting regulations involves a series of 
rulemaking actions each year. This proposed rule is part of that 
series.
    We developed the guidelines for establishing special migratory bird 
hunting regulations for Indian Tribes in response to tribal requests 
for recognition of their reserved hunting rights and, for some Tribes, 
recognition of their authority to regulate hunting by both tribal and 
nontribal hunters on their reservations. The guidelines include 
possibilities for:
    (1) On-reservation hunting by both tribal and nontribal hunters, 
with hunting by nontribal hunters 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 the 
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 to September 1 closed season mandated 
by the 1916 Convention Between the United States and Great Britain (for 
Canada) for the Protection of Migratory Birds (Treaty). The guidelines 
apply to those Tribes having recognized reserved hunting rights on 
Federal Indian reservations (including off-reservation trust lands) and 
on ceded lands. They also apply to establishing migratory bird hunting 
regulations for nontribal hunters on all lands within the exterior 
boundaries of reservations where Tribes have full wildlife management 
authority over such hunting or where the Tribes and affected States 
otherwise have reached agreement over hunting by nontribal hunters on 
lands owned by non-Indians within the reservation.
    Tribes usually have the authority to regulate migratory bird 
hunting by nonmembers on Indian-owned reservation lands, subject to 
Service approval. The question of jurisdiction is more complex on 
reservations that include lands owned by non-Indians, especially when 
the surrounding States have established or intend to establish 
regulations governing hunting by non-Indians on these lands. In such 
cases, we encourage the Tribes and States to reach agreement on 
regulations that would apply throughout the reservations. When 
appropriate, we will consult with a Tribe and State with the aim of 
facilitating an accord. We also will consult jointly with tribal and 
State officials in the affected States where Tribes wish to establish 
special hunting regulations for tribal members on ceded lands. Because 
of past questions regarding interpretation of what events trigger the 
consultation process, as well as who initiates it, we provide the 
following clarification. We routinely provide copies of Federal 
Register publications pertaining to migratory bird management to all 
State Directors, Tribes, and other interested parties. It is the 
responsibility of the States, Tribes, and others to notify us of any 
concern regarding any feature(s) of any regulations. When we receive 
such notification, we will initiate consultation.
    Our guidelines provide for the continued harvest of waterfowl and 
other migratory game birds by tribal members on reservations where such 
harvest has been a customary practice. We do not oppose this harvest, 
provided it does not take place during the closed season defined by the 
Treaty, and does not adversely affect the status of the migratory bird 
resource. Before developing the guidelines, we reviewed available 
information on the current status of migratory bird populations; 
reviewed the current status of migratory bird hunting on Federal Indian 
reservations; and evaluated the potential impact of such guidelines on 
migratory birds. We concluded that the impact of migratory bird harvest 
by tribal members hunting on their reservations is minimal.
    One area of interest in Indian migratory bird hunting regulations 
relates to hunting seasons for nontribal hunters on dates that are 
within Federal frameworks, but which are different from those 
established by the State(s) where the reservation is located. A large 
influx of nontribal hunters onto a reservation at a time when the 
season is closed in the surrounding State(s) could result in adverse 
population impacts on one or more migratory bird species. The 
guidelines make this unlikely, however, because tribal proposals must 
include: (a) Harvest anticipated under the requested regulations; (b) 
methods that will be employed to measure or monitor harvest (such as 
bag checks, mail questionnaires, etc.); (c) steps that will 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. We may modify regulations or establish experimental 
special hunts, after evaluation and confirmation of

[[Page 48099]]

harvest information obtained by the Tribes.
    We believe the guidelines provide appropriate opportunity to 
accommodate the reserved hunting rights and management authority of 
Indian Tribes while ensuring that the migratory bird resource receives 
necessary protection. The conservation of this important international 
resource is paramount. The guidelines should not be viewed as 
inflexible. In this regard, we note that they have been employed 
successfully since 1985. We believe they have been tested adequately 
and, therefore, we made them final beginning with the 1988-89 hunting 
season. We should stress here, however, that use of the guidelines is 
not mandatory and no action is required if a Tribe wishes to observe 
the hunting regulations established by the State(s) in which the 
reservation is located.

Service Migratory Bird Regulations Committee Meetings

    Participants at the June 25-26, 2008, meetings reviewed information 
on the current status of migratory shore and upland game birds and 
developed 2008-09 migratory game bird regulations recommendations for 
these species plus regulations for migratory game birds in Alaska, 
Puerto Rico, and the U.S. Virgin Islands; special September waterfowl 
seasons in designated States; special sea duck seasons in the Atlantic 
Flyway; and extended falconry seasons. In addition, we reviewed and 
discussed preliminary information on the status of waterfowl. 
Participants at the previously announced July 30-31, 2008, meetings 
reviewed information on the current status of waterfowl and developed 
recommendations for the 2008-09 regulations pertaining to regular 
waterfowl seasons and other species and seasons not previously 
discussed at the early-season meetings. In accordance with Department 
of the Interior policy, these meetings were open to public observation 
and you may submit comments to the Director on the matters discussed.

Population Status and Harvest

    The following paragraphs provide preliminary information on the 
status of waterfowl and information on the status and harvest of 
migratory shore and upland game birds excerpted from various reports. 
For more detailed information on methodologies and results, you may 
obtain complete copies of the various reports at the address indicated 
under FOR FURTHER INFORMATION CONTACT or from our Web site at https://
fws.gov/migratorybirds/reports/report.html.

Waterfowl Breeding and Habitat Survey

    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, helicopters, and ground crews and encompass principal 
breeding areas of North America, covering an area over 2.0 million 
square miles. The Traditional survey area comprises Alaska, Canada, and 
the northcentral 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.
    Overall, habitat conditions during the 2008 May waterfowl survey 
were characterized in many areas by a delayed spring compared to 
several preceding years. Drought in many parts of the traditional 
survey area contrasted sharply with record amounts of snow and rainfall 
in the eastern survey area.
Traditional Survey Area (U.S. and Canadian Prairies)
    Although spring was delayed in much of the traditional survey area, 
field crews reported that habitat conditions were suitable for nesting 
at the time of the survey. Much of the prairie potholes experienced 
drought conditions this spring and many semi-permanent wetlands and 
livestock dugouts were dry. At the time of the survey this area was 
considered to be in fair to poor condition, with the exceptions being 
regions with temporary and seasonal water in southeastern South Dakota, 
and areas of western South Dakota that received abundant rain and 
snowfall in early May; conditions were classified as good in both of 
these areas. Parts of the prairie pothole region experienced heavy 
rains following completion of the survey. This may improve habitat 
conditions for late nesters and may improve the success of re-nesting 
attempts.
    The parklands were drier in 2008 than in 2007 when excess water 
created much additional waterfowl habitat; still, this area was 
classified as fair to good overall with most seasonal and semi-
permanent wetlands full. A late April snowstorm recharged wetlands in 
some areas of the northern parklands, and these areas were classified 
as excellent.
Bush (Alaska, Northern Manitoba, Northern Saskatchewan, Northwest 
Territories, Yukon Territory, Western Ontario)
    In the boreal forest, spring break-up was later in 2008 than in 
recent years, with locally variable snowfall and, consequently, 
variable runoff that resulted in habitat conditions ranging from fair 
in the east to good in the west. Most large lakes were still frozen on 
May 20 in the Northwest Territories; however, warmer temperatures in 
late May led to habitat conditions suitable for nesting during the 
survey period. Good conditions were present throughout Alaska, with 
slightly late spring conditions in some coastal areas.
Eastern Survey Area
    In the eastern survey area, a cold winter with heavy snows and 
colder than average spring temperatures delayed spring conditions by 1-
2 weeks relative to the early springs of preceding years. An exception 
was northern Quebec, which experienced an early spring with most ice 
melting by the last week of May. Quickly rising temperatures combined 
with spring rains led to flooding in parts of Maine and the Maritimes, 
which disrupted spring nesting phenology; as a result, habitat 
conditions in these areas were classified as fair. Elsewhere in the 
East, abundant water in most lakes and wetlands resulted in habitat 
conditions being classified as good or excellent.

Status of Teal

    The estimate of blue-winged teal numbers from the Traditional 
Survey Area is 6.6 million. This represents a 1.0 percent decrease from 
2007 and is 45 percent above the 1955-2007 average.

Sandhill Cranes

    Compared to increases recorded in the 1970s, annual indices to 
abundance of the Mid-Continent Population (MCP) of sandhill cranes have 
been relatively stable since the early 1980s. The Central Platte River 
Valley, Nebraska, spring index for 2008, uncorrected for visibility 
bias, was 472,128 sandhill cranes. The photo-corrected, 3-year average 
for 2005-07 was 364,281, which is within the established population-
objective range of 349,000-472,000 cranes. All Central Flyway States, 
except Nebraska, allowed crane hunting in portions of their States 
during 2007-08. About 9,808 hunters participated in these seasons, 
which was similar to the number that participated in the previous 
season. Hunters harvested 18,610 MCP cranes in the U.S. portion of the 
Central Flyway during the 2007-08 seasons, which was 6 percent higher 
than the

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estimated harvest for the previous year. The retrieved harvest of MCP 
cranes in hunt areas outside of the Central Flyway (Arizona, Pacific 
Flyway portion of New Mexico, Alaska, Canada, and Mexico combined) was 
13,567 during 2007-08. The preliminary estimate for the North American 
MCP sport harvest, including crippling losses, was 36,567 birds, which 
is similar to the previous year's estimate. The long-term (1982-2004) 
trends for the MCP indicate that harvest has been increasing at a 
higher rate than population growth.
    The fall 2007 pre-migration survey for the Rocky Mountain 
Population (RMP) resulted in a record high count of 22,822 cranes. The 
3-year average for 2004, 2005, and 2007 (no survey was conducted in 
2006) was 20,732 sandhill cranes, which is within established 
population objectives of 17,000-21,000 for the RMP. Hunting seasons 
during 2007-08 in portions of Arizona, Idaho, Montana, New Mexico, 
Utah, and Wyoming resulted in a harvest of 820 RMP cranes, a 10 percent 
decrease from the harvest of 907 the year before.

Woodcock

    Singing-ground and Wing-collection Surveys were conducted to assess 
the population status of the American woodcock (Scolopax minor). The 
Singing-ground Survey is intended to measure long-term changes in 
woodcock population levels. Singing-ground Survey data for 2008 
indicate that the number of displaying woodcock in the Eastern Region 
in 2008 was unchanged from 2007, while the Central Region experienced a 
9.2 percent decline. However, we note that measurement of short-term 
(i.e., annual) trends tends to give estimates with larger variances and 
is more prone to be influenced by climatic factors that may affect 
local counts during the survey. There was no significant trend in 
woodcock heard in the Eastern Region during 1998-2008; however, there 
was a declining trend of -1.5 percent per year in the Central Region. 
This represents the fifth consecutive year that the 10-year trend 
estimate for the Eastern Region did not indicate a significant decline, 
while it is the first time since 2003 that the Central Region had a 
declining trend. There were long-term (1968-2008) declines of 1.2 
percent per year in the Eastern Region and 1.1 percent per year in the 
Central Region. Wing-collection Survey data indicate that the 2007 
recruitment index for the U.S. portion of the Eastern Region (1.6 
immatures per adult female) was 4 percent higher than the 2006 index, 
and 4 percent lower than the long-term average. The recruitment index 
for the U.S. portion of the Central Region (1.5 immatures per adult 
female) was 10 percent lower than the 2006 index and 8 percent below 
the long-term average.

Band-Tailed Pigeons and Doves

    Annual counts of Interior band-tailed pigeons seen and heard per 
Breeding Bird Survey (BBS) route have not changed significantly since 
implementation of the BBS in 1966; however, they decreased 
significantly over the last 10 years. The 2007 harvest was estimated to 
be 4,800 birds. For Pacific Coast band-tailed pigeons, annual BBS 
counts of birds seen and heard per route have decreased since 1966, but 
they have not changed significantly over the last 10 years. According 
to the Pacific Coast Mineral Site Survey, annual counts of Pacific 
Coast band-tailed pigeons seen per mineral site have increased 
significantly since the survey was experimentally implemented in 2001. 
The 2007 harvest was estimated to be 12,700 birds.
    Analyses of Mourning Dove Call-count Survey data over the most 
recent 10 years indicated no significant trend for doves heard in 
either the Eastern or Western Management Units while the Central Unit 
showed a significant decline. Over the 43-year period, 1966-2007, all 3 
units exhibited significant declines. In contrast, for doves seen over 
the 10-year period, no significant trends were found for any of the 
three Management Units. Over 43 years, no trend was found for doves 
seen in the Eastern and Central Units while a significant decline was 
indicated for the Western Unit. The preliminary 2007 harvest estimate 
for the United States was 20,550,000 doves. A banding program is 
underway to obtain current information in order to develop mourning 
dove population models for each Management Unit to provide guidance for 
improving our decision-making process with respect to harvest 
management.
    The two key States with a white-winged dove population are Arizona 
and Texas. California and New Mexico have much smaller populations.
    The Arizona Game and Fish Department (AGFD) monitors white-winged 
dove populations by means of a call-count survey to provide an annual 
index to population size. The index peaked at a mean of 52.3 doves 
heard per route in 1968, but fell precipitously in the late 1970s. The 
index has stabilized to around 25 doves per route in the last few 
years. In 2008, the mean number of doves heard per route was 26.9. AGFD 
also monitors harvest. Harvest during the 15-day season (September 1-
15) peaked in the late 1960s at ~740,000 birds and has since stabilized 
at around 100,000 birds. The 2007 Harvest Information Program (HIP) 
estimate was 127,600 birds. In 2007, Arizona redesigned their dove 
harvest survey questionnaire to sample only from hunters registered 
under HIP. In the future, AGFD and HIP harvest estimates should be more 
comparable than they have been in the past.
    In Texas, white-winged doves continue to expand their breeding 
range. Nesting by whitewings has been recorded in most counties, except 
for the northeastern part of the State primarily. Nesting is 
essentially confined to urban areas, but appears to be expanding to 
exurban areas. Concomitant with this range expansion has been a 
continuing increase in whitewing abundance. A new DISTANCE sampling 
protocol was implemented for Central and South Texas for 2007, and 
expanded in 2008 so that coverage is almost statewide. Once fully 
implemented, biologists should have the ability to obtain a good 
estimate of white-winged dove abundance in Texas. While 2008 data were 
not available at this time, 2007 surveys indicated an estimated 
abundance throughout surveyed areas (representing about 20 percent of 
the State) of about 2,300,000 whitewings. Total Statewide harvest has 
averaged about 2 million birds annually.
    The Texas Parks and Wildlife Department is working to improve 
management of white-winged doves in Texas in the following ways: (1) 
Expanding current surveys of spring populations to encompass areas 
throughout the State that now have breeding populations; (2) Completing 
the Tamaulipas-Texas White-winged Dove Strategic Plan so that there are 
consistent and comparable harvest management strategies, surveys, 
research, and data collection across the breeding range of the species; 
(3) Expanding operational banding in 2008 that was begun in 2007 to 
derive estimates of survival and harvest rates; (4) Implementing a 
wing-collection survey for recruitment rates in lieu of the feeding 
flight and production surveys; (5) Estimating probability of detection 
for more accurate estimates of breeding populations within urban 
environments; and (6) Evaluating and estimating reproductive success in 
urban areas to better estimate population increases.
    In California, BBS data (although imprecise due to a small sample 
size) indicate that there has been a significant increase in the 
population between 1968 and 2007. According to HIP surveys, the 
preliminary harvest estimate for 2007

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was 67,900. In New Mexico, BBS data (very imprecise due to a small 
sample size) also showed a significant increase over the long term. In 
2007, the estimated harvest was 64,000.
    White-tipped doves are believed to be maintaining a relatively 
stable population in the Lower Rio Grande Valley (LRGV) of Texas. 
DISTANCE sampling procedures in the LRGV include whitetips. However, 
until the sampling frame includes rural Rio Grande corridor habitats, 
not many whitetips will be reported. Sampling frame issues are expected 
to be resolved by next year. However, annual white-tipped dove harvest 
during the special season is only averaging 3,000-4,000 birds.

Hunting Season Proposals From Indian Tribes and Organizations

    For the 2008-09 hunting season, we received requests from 28 Tribes 
and Indian organizations. We actively solicit regulatory proposals from 
other tribal groups that are interested in working cooperatively for 
the benefit of waterfowl and other migratory game birds. We encourage 
Tribes to work with us to develop agreements for management of 
migratory bird resources on tribal lands.
    It should be noted that this proposed rule includes generalized 
regulations for both early- and late-season hunting. A final rule will 
be published in a late-August 2008 Federal Register that will include 
tribal regulations for the early-hunting season. Early seasons 
generally begin around September 1 each year and most commonly include 
such species as American woodcock, sandhill cranes, mourning doves, and 
white-winged doves. Late seasons generally begin on or around September 
24 and most commonly include waterfowl species.
    In this current rulemaking, because of the compressed timeframe for 
establishing regulations for Indian Tribes and because final frameworks 
dates and other specific information are not available, the regulations 
for many tribal hunting seasons are described in relation to the season 
dates, season length, and limits that will be permitted when final 
Federal frameworks are announced for early- and late-season 
regulations. For example, daily bag and possession limits for ducks on 
some areas are shown as the same as permitted in Pacific Flyway States 
under final Federal frameworks, and limits for geese will be shown as 
the same permitted by the State(s) in which the tribal hunting area is 
located.
    The proposed frameworks for early-season regulations were published 
in the Federal Register on July 24, 2008 (73 FR 43290); early-season 
final frameworks will be published in late-August. Proposed late-season 
frameworks for waterfowl and coots will be published in mid-August, and 
the final frameworks for the late seasons will be published in mid-
September. We will notify affected Tribes of season dates, bag limits, 
etc., as soon as final frameworks are established. As previously 
discussed, no action is required by Tribes wishing to observe migratory 
bird hunting regulations established by the State(s) where they are 
located. The proposed regulations for the 28 Tribes that have submitted 
proposals that meet the established criteria are shown below.

(a) Colorado River Indian Tribes, Colorado River Indian Reservation, 
Parker, Arizona (Tribal Members and Nontribal Hunters)

    The Colorado River Indian Reservation is located in Arizona and 
California. The Tribes own almost all lands on the reservation, and 
have full wildlife management authority.
    In their 2008-09 proposal, the Colorado River Indian Tribes 
requested split dove seasons. They propose their early season begin 
September 1 and end September 15, 2008. Daily bag limits would be 10 
mourning or white-winged doves in the aggregate. The late season for 
doves is proposed to open November 15, 2008, and close December 29, 
2008. The daily bag limit would be 10 mourning doves. The possession 
limit would be twice the daily bag limit after the first day of the 
season. Shooting hours would be from one-half hour before sunrise to 
noon in the early season and until sunset in the late season. Other 
special tribally set regulations would apply.
    The Tribes also propose duck hunting seasons. The season would open 
October 11, 2008, and run until January 25, 2009. The Tribes propose 
the same season dates for mergansers, coots, and common moorhens. The 
daily bag limit for ducks, including mergansers, would be seven, except 
that the daily bag limits could contain no more than two hen mallards, 
two redheads, two Mexican ducks, two goldeneye, three scaup, one 
pintail, and two cinnamon teal. The season on canvasback is closed. The 
possession limit would be twice the daily bag limit after the first day 
of the season. The daily bag and possession limit for coots and common 
moorhens would be 25, singly or in the aggregate.
    For geese, the Colorado River Indian Tribes propose a season of 
October 18, 2008, through January 25, 2009. The daily bag limit for 
geese would be three light geese and three dark geese. The possession 
limit would be six light geese and six dark geese after opening day.
    In 1996, the Tribe conducted a detailed assessment of dove hunting. 
Results showed approximately 16,100 mourning doves and 13,600 white-
winged doves were harvested by approximately 2,660 hunters who averaged 
1.45 hunter-days. Field observations and permit sales indicate that 
fewer than 200 hunters participate in waterfowl seasons. Under the 
proposed regulations described here and, based upon past seasons, we 
and the Tribes estimate harvest will be similar.
    Hunters must have a valid Colorado River Indian Reservation hunting 
permit and a Federal Migratory Bird Stamp in their possession while 
hunting. Other special tribally set regulations would apply. As in the 
past, the regulations would apply both to tribal and nontribal hunters, 
and nontoxic shot is required for waterfowl hunting.
    We propose to approve the Colorado River Indian Tribes regulations 
for the 2008-09 hunting season, given the seasons dates fall within 
final flyway frameworks (applies to nontribal hunters only).

(b) Confederated Salish and Kootenai Tribes, Flathead Indian 
Reservation, Pablo, Montana (Tribal and Nontribal Hunters)

    For the past several years, the Confederated Salish and Kootenai 
Tribes and the State of Montana have entered into cooperative 
agreements for the regulation of hunting on the Flathead Indian 
Reservation. The State and the Tribes are currently operating under a 
cooperative agreement signed in 1990 that addresses fishing and hunting 
management and regulation issues of mutual concern. This agreement 
enables all hunters to utilize waterfowl hunting opportunities on the 
reservation.
    As in the past, tribal regulations for nontribal hunters would be 
at least as restrictive as those established for the Pacific Flyway 
portion of Montana. Goose season dates would also be at least as 
restrictive as those established for the Pacific Flyway portion of 
Montana. Shooting hours for waterfowl hunting on the Flathead 
Reservation are sunrise to sunset. Steel shot or other federally 
approved nontoxic shots are the only legal shotgun loads on the 
reservation for waterfowl or other game birds.
    For tribal members, the Tribe proposes outside frameworks for ducks 
and geese of September 1, 2008, through March 9, 2009. Daily bag and 
possession

[[Page 48102]]

limits were not proposed for tribal members.
    The requested season dates and bag limits are similar to past 
regulations. Harvest levels are not expected to change significantly. 
Standardized check station data from the 1993-94 and 1994-95 hunting 
seasons indicated no significant changes in harvest levels and that the 
large majority of the harvest is by nontribal hunters.
    We propose to approve the Tribes' request for special migratory 
bird regulations for the 2008-09 hunting season.

(c) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort 
Thompson, South Dakota (Tribal Members and Nontribal Hunters)

    The Crow Creek Indian Reservation has a checkerboard pattern of 
land ownership, with much of the land owned by non-Indians. Since the 
1993-94 season, the Tribe has selected special waterfowl hunting 
regulations independent of the State of South Dakota. The Tribe 
observes migratory bird hunting regulations contained in 50 CFR part 
20.
    The Tribe requests a duck and merganser season of October 2 to 
December 14, 2008, with a daily bag limit of six ducks, including no 
more than five mallards (only two of which may be hens), two redheads, 
two wood ducks, one pintail, one canvasback, and three scaup. The 
merganser daily bag limit would be five and include no more than one 
hooded merganser. The daily bag limit for coots would be 15.
    For Canada geese, the Tribe proposes an October 16, 2008, to 
January 18, 2009, season with a three-bird daily bag limit. For white-
fronted geese, the Tribe proposes a September 25 to December 19, 2008, 
season with a daily bag limit of two. For snow geese, the Tribe 
proposes a September 24 to December 29, 2008, season with a daily bag 
limit of 20.
    Similar to the last several years, the Tribe also requests a 
sandhill crane season from September 11 to October 17, 2008, with a 
daily bag limit of three.
    In all cases, except snow geese, the possession limits would be 
twice the daily bag limit. There would be no possession limit for snow 
geese. Shooting hours would be from one-half hour before sunrise to 
sunset.
    The season and bag limits would be essentially the same as last 
year, and, as such, the Tribe would expect similar harvest. In 1994-95, 
duck harvest was 48 birds, down from 67 in 1993-94. Goose harvest 
during recent past seasons has been fewer than 100 geese. Total harvest 
on the reservation in 2000 was estimated to be 179 ducks and 868 geese.
    The Service proposes to approve the request for special migratory 
bird hunting regulations for the Crow Creek Sioux Tribe. We remind the 
Tribe that all sandhill crane hunters are required to obtain a Federal 
sandhill crane permit. As such, the Tribe should contact us for further 
information on obtaining the needed permits.

(d) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet, 
Minnesota (Tribal Members Only)

    Since 1996, the Service and the Fond du Lac Band of Lake Superior 
Chippewa Indians have cooperated to establish special migratory bird 
hunting regulations for tribal members. The Fond du Lac's May 29, 2008, 
proposal covers land set apart for the band under the Treaties of 1837 
and 1854 in northeast and east-central Minnesota.
    The band's proposal for 2008-09 is essentially the same as that 
approved last year except the Tribe has separate regulations for the 
1854 and 1837 ceded territories and reservation lands. The proposed 
2008-09 waterfowl hunting season regulations for Fond du Lac are as 
follows:

Ducks

A. 1854 and 1837 Ceded Territories
    Season Dates: Begin September 13 and end November 30, 2008.
    Daily Bag Limit: 18 ducks, including no more than 12 mallards (only 
3 of which may be hens), 3 black ducks, 6 scaup, 6 wood ducks, 6 
redheads, 3 pintails, and 3 canvasbacks.
B. Reservation
    Season Dates: Begin September 6 and end November 30, 2008.
    Daily Bag Limit: 12 ducks, including no more than 8 mallards (only 
2 of which may be hens), 2 black ducks, 4 scaup, 4 redheads, 2 
pintails, 4 wood ducks, and 2 canvasbacks.

Mergansers

A. 1854 and 1837 Ceded Territories
    Season Dates: Begin September 13 and end November 30, 2008.
    Daily Bag Limit: 15 mergansers, including no more than 6 hooded 
mergansers.
B. Reservation
    Season Dates: Begin September 6 and end November 30, 2008.
    Daily Bag Limit: 10 mergansers, including no more than 4 hooded 
mergansers.

Canada Geese

All Areas
    Season Dates: Begin September 1 and end November 30, 2008.
    Daily Bag Limit: 20 geese.

Coots and Common Moorhens (Common Gallinules)

A. 1854 and 1837 Ceded Territories
    Season Dates: Begin September 13 and end November 30, 2008.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.
B. Reservation
    Season Dates: Begin September 6 and end November 30, 2008.
    Daily Bag Limit: 25 coots and common moorhens, singly or in the 
aggregate.

Sora and Virginia Rails

A. 1854 and 1837 Ceded Territories
    Season Dates: Begin September 1 and end November 30, 2008.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate.
B. Reservation
    Season Dates: Begin September 1 and end December 2, 2008.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate.

Common Snipe

All Areas
    Season Dates: Begin September 1 and end November 30, 2008.
    Daily Bag Limit: Eight common snipe.

Woodcock

All Areas
    Season Dates: Begin September 1 and end November 30, 2008.
    Daily Bag Limit: Three woodcock.

Mourning Dove

All Areas
    Season Dates: Begin September 1 and end November 30, 2008.
    Daily Bag Limit: 30 mourning dove.
    The following general conditions apply:
    1. While hunting waterfowl, a tribal member must carry on his/her 
person a valid Ceded Territory License.
    2. Shooting hours for migratory birds are one-half hour before 
sunrise to one-half hour after sunset.
    3. 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

[[Page 48103]]

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.
    4. Band members in each zone will comply with State regulations 
providing for closed and restricted waterfowl hunting areas.
    5. There are no possession limits on any species, unless otherwise 
noted above. For purposes of enforcing bag 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.
    The band anticipates harvest will be fewer than 500 ducks and 
geese.
    We propose to approve the request for special migratory bird 
hunting regulations for the Fond du Lac Band of Lake Superior 
Chippewas.

(e) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay, 
Michigan (Tribal Members Only)

    In the 1995-96 migratory bird seasons, the Grand Traverse Band of 
Ottawa and Chippewa Indians and the Service first cooperated to 
establish special regulations for waterfowl. The Grand Traverse Band is 
a self-governing, federally recognized Tribe located on the west arm of 
Grand Traverse Bay in Leelanau County, Michigan. The Grand Traverse 
Band is a signatory Tribe of the Treaty of 1836. We have approved 
special regulations for tribal members of the 1836 treaty's signatory 
Tribes on ceded lands in Michigan since the 1986-87 hunting season.
    For the 2008-09 season, the Tribe requests that the tribal member 
duck season run from September 22, 2008, through January 18, 2009. A 
daily bag limit of 12 would include 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).
    For Canada and snow geese, the Tribe proposes a September 1 through 
November 30, 2008, and a January 1 through February 8, 2009, season. 
For white-fronted geese and brant, the Tribe proposes a September 20 
through November 30, 2008, season. The daily bag limit for all geese 
(including brant) would be five birds. Based on our information, it is 
unlikely that any Canada geese from the Southern James Bay Population 
will be harvested by the Tribe.
    For woodcock, the Tribe proposes a September 1 through November 14, 
2008, season. The daily bag limit will not exceed five birds. For 
mourning doves, snipe, and rails, the Tribe proposes a September 1 
through November 14, 2008, season. The daily bag limit would be 10 per 
species.
    All other Federal regulations contained in 50 CFR part 20 would 
apply. The Tribe proposes to monitor harvest closely through game bag 
checks, patrols, and mail surveys. Harvest surveys from the 2006-07 
hunting season indicated that approximately 15 tribal hunters harvested 
an estimated 112 ducks and 50 Canada geese.
    We propose to approve the Grand Traverse Band of Ottawa and 
Chippewa Indians requested 2008-09 special migratory bird hunting 
regulations.

(f) Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin 
(Tribal Members Only)

    Since 1985, various bands of the Lake Superior Tribe of Chippewa 
Indians have exercised judicially recognized off-reservation hunting 
rights for migratory birds in Wisconsin. The specific regulations were 
established by the Service in consultation with the Wisconsin 
Department of Natural Resources and the Great Lakes Indian Fish and 
Wildlife Commission (GLIFWC, which represents the various bands). 
Beginning in 1986, a tribal season on ceded lands in the western 
portion of the State's Upper Peninsula was developed in coordination 
with the Michigan Department of Natural Resources, and we have approved 
special regulations for tribal members in both Michigan and Wisconsin 
since the 1986-87 hunting season. In 1987, the GLIFWC requested, and we 
approved, special regulations to permit tribal members to hunt on ceded 
lands in Minnesota, as well as in Michigan and Wisconsin. The States of 
Michigan and Wisconsin originally concurred with the regulations, 
although Wisconsin has raised concerns in the past and Michigan now 
annually raises objections. Minnesota did not concur with the original 
regulations, stressing that the State would not recognize Chippewa 
Indian hunting rights in Minnesota's treaty area until a court with 
jurisdiction over the State acknowledges and defines the extent of 
these rights. We acknowledge all of the States' concerns, but point out 
that the U.S. Government has recognized the Indian hunting rights 
decided in the Lac Courte Oreilles v. State of Wisconsin (Voigt) case, 
and that acceptable hunting regulations have been negotiated 
successfully in both Michigan and Wisconsin even though the Voigt 
decision did not specifically address ceded land outside Wisconsin. We 
believe this is appropriate because the treaties in question cover 
ceded lands in Michigan (and Minnesota), as well as in Wisconsin.
    Consequently, in view of the above, we have approved special 
regulations since the 1987-88 hunting season on ceded lands in all 
three States. In fact, this recognition of the principle of reserved 
treaty rights for band members to hunt and fish was pivotal in our 
decision to approve a special 1991-92 season for the 1836 ceded area in 
Michigan.
    For 2008, the GLIFWC proposed off-reservation special migratory 
bird hunting regulations on behalf of the member Tribes of the Voigt 
Intertribal Task Force of the GLIFWC (for the 1837 and 1842 Treaty 
areas) and the Bay Mills Indian Community (for the 1836 Treaty area). 
Member Tribes of the Task Force are: The Bad River Band of the Lake 
Superior Tribe of Chippewa Indians, the Lac Courte Oreilles Band of 
Lake Superior Chippewa Indians, the Lac du Flambeau Band of Lake 
Superior Chippewa Indians, the Red Cliff Band of Lake Superior Chippewa 
Indians, the St. Croix Chippewa Indians of Wisconsin, the Sokaogon 
Chippewa Community (Mole Lake Band), all in Wisconsin; the Mille Lacs 
Band of Chippewa Indians in Minnesota; the Lac Vieux Desert Band of 
Chippewa Indians and the Keweenaw Bay Indian Community in Michigan.
    The GLIFWC 2008 proposal is generally similar to last year's 
regulations, except that it includes lengthened season dates for 
mourning doves, from September 1-October 30 to September 1-November 9, 
if a 70-day season is offered, and eliminates mallard species 
restrictions within the overall bag limit for ducks.
    Under the GLIFWC proposed regulations, GLIFWC expects modifications 
to the mallard bag limits to have no appreciable impact on the mallard 
population since the total estimated mallard harvest last year was 
approximately 600 birds, tribal members averaged just 2.1 ducks per 
hunting trip, and only 1 survey respondent reported harvesting more 
than 10 ducks of all species on his best day of hunting last year. 
Thus, they expect that this proposed change is likely to affect, at 
most, a few individual hunters on a few individual days, and to have no 
appreciable effect on mallard populations (which have averaged 87,000 
breeding birds on Wisconsin's

[[Page 48104]]

Northern High and Northern Low State survey strata alone from 2003-
2007).
    Given these factors, the Tribe expects harvest would likely remain 
below 5,000 ducks and 1,000 geese, which is similar to anticipated 
levels in previous years.
    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 1 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.
    While we acknowledge GLIFWC's previously submitted data indicating 
that tribal harvest and participation have declined in recent years, we 
do not believe that the GLIFWC's proposal for tribal waterfowl seasons 
on ceded lands in Wisconsin, Michigan, and Minnesota for the 2008-09 
hunting season is in the best interests of the migratory bird resource. 
More specific discussion follows below.

Removal of Mallard Restrictions

    We have several concerns with GLIFWC's proposal for removal of 
mallard restrictions within the overall duck daily bag limits in the 
1837, 1842, and 1836 Treaty Areas. An increase in the daily bag limit 
of mallards (by removal of the internal bag limit restriction) from 10 
mallards per day to 30 mallards per day in the 1837 and 1842 Treaty 
Areas and 20 mallards per day in the 1836 Treaty Area could potentially 
have conservation impacts on locally-breeding mallards. Overharvest of 
mallards in localized areas due to removal of species restrictions 
could contribute to localized long-term declines. As we stated last 
year (October 15, 2007 Federal Register, 72 FR 58452), removal of the 
mallard bag limit restriction would be inconsistent with our current 
conservation concerns. Furthermore, last year, we implemented a pilot 
bag limit increase for ducks in the 1837 and 1842 Treaty Areas. We do 
not believe that one year is sufficient time to evaluate the pilot 
daily bag limit increases implemented last year. Normally, changes such 
as those implemented last year take several years to fully evaluate. As 
such, we believe the pilot bag limits implemented last year should 
warrant at least several years of data evaluation using GLIFWC's 
current harvest survey. For these reasons, we believe that the 
regulations advanced by the GLIFWC for the 2008-09 hunting season are 
not in the best interests of the migratory bird resource. Thus, we 
propose to maintain the mallard bag limit restriction within the 
overall daily bag limit in all three of the Treaty Areas as 10 
mallards. We believe this restriction is commensurate with the species' 
population status.

Expanded Season Dates

    We have no concerns about extending the dove season to mimic the 
proposed Federal framework regulations for mourning doves in the 
Eastern Management Unit (see July 24, 2008 Federal Register, 73 FR 
XXXXX).
    The Commission and the Service are parties to a Memorandum of 
Agreement (MOA) designed to facilitate the ongoing enforcement of 
Service-approved tribal migratory bird regulations. Its intent is to 
provide long-term cooperative application.
    Also, as in recent seasons, the proposal contains references to 
Chapter 10 of the Migratory Bird Harvesting Regulations of the Model 
Off-Reservation Conservation Code. Chapter 10 regulations parallel 
State and Federal regulations and, in effect, are not changed by this 
proposal.
    The proposed 2008-09 waterfowl hunting season regulations for 
GLIFWC are as follows:

Ducks

A. Wisconsin and Minnesota 1837 and 1842 Treaty Areas
    Season Dates: Begin September 15 and end December 31, 2008.
    Daily Bag Limit: 30 ducks, including no more than 10 mallards (only 
5 of which may be hens), 5 black ducks, 5 scaup, 5 pintails, 5 wood 
ducks, and 5 canvasbacks.
B. Michigan 1836 Treaty Area
    Season Dates: Begin September 15 and end December 31, 2008.
    Daily Bag Limit: 20 ducks, including no more than 10 mallards (only 
5 of which may be hens), 5 black ducks, 5 scaup, 5 pintails, 5 wood 
ducks, and 5 canvasbacks.

Mergansers

All Ceded Areas
    Season Dates: Begin September 15 and end December 31, 2008.
    Daily Bag Limit: 10 mergansers.

Geese

All Ceded Areas
    Season Dates: Begin September 1 and end December 31, 2008. In 
addition, any portion of the ceded territory that is open to State-
licensed hunters for goose hunting after December 1 will also be open 
concurrently for tribal members.
    Daily Bag Limit: 20 geese in aggregate.

Other Migratory Birds

A. Coots and Common Moorhens (Common Gallinules)
    Season Dates: Begin September 15 and end December 31, 2008.
    Daily Bag Limit: 20 coots and common moorhens (common gallinules), 
singly or in the aggregate.
B. Sora and Virginia Rails
    Season Dates: Begin September 15 and end December 31, 2008.
    Daily Bag Limit: 20, singly or in the aggregate.
C. Common Snipe
    Season Dates: Begin September 15 and end December 1, 2008.
    Daily Bag Limit: 16 common.
D. Woodcock
    Season Dates: Begin September 2 and end December 1, 2008.
    Daily Bag Limit: 10 woodcock.
E. Mourning Dove 1837 and 1842 Ceded Territories
    Season Dates: Begin September 1 and end October 30, or November 9, 
2008 if a 70-day season is offered to the States in the Mississippi 
Flyway.
    Daily Bag Limit: 15.

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. Chapter 10 in each of these model 
codes regulates ceded territory migratory bird hunting. Both versions 
of Chapter 10 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:

[[Page 48105]]

    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 included in the respective sections 
10.05(2)(h) of the model ceded territory conservation codes will be 
amended to include language which parallels that in place for nontribal 
members as published at 64 FR 29799, June 3, 1999.
    5. The shell limit restrictions included in the respective sections 
10.05(2)(b) of the model ceded territory conservation codes will be 
removed.
    6. Hunting hours shall be from a half hour before sunrise to 15 
minutes after sunset.
    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) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New 
Mexico (Tribal Members and Nontribal Hunters)

    The Jicarilla Apache Tribe has had special migratory bird hunting 
regulations for tribal members and nonmembers since the 1986-87 hunting 
season. The Tribe owns all lands on the reservation and has recognized 
full wildlife management authority. In general, the proposed seasons 
would be more conservative than allowed by the Federal frameworks of 
last season and by States in the Pacific Flyway.
    The Tribe proposed a 2008-09 waterfowl and Canada goose season 
beginning with the earliest possible opening date in the Pacific Flyway 
States and a closing date of November 30, 2008. Daily bag and 
possession limits for waterfowl would be the same as Pacific Flyway 
States. The Tribe proposes a daily bag limit for Canada geese of two. 
Other regulations specific to the Pacific Flyway guidelines for New 
Mexico would be in effect.
    During the Jicarilla Game and Fish Department's 2007-08 season, 
estimated duck harvest was 527, which is within the historical harvest 
range. The species composition in the past has included mainly 
mallards, gadwall, wigeon, and teal. Northern pintail comprised 2 
percent of the total harvest in 2007. The estimated harvest of geese 
was 12 birds.
    The proposed regulations are essentially the same as were 
established last year. The Tribe anticipates the maximum 2008-09 
waterfowl harvest would be around 500-750 ducks and 10-20 geese.
    We propose to approve the Tribe's requested 2008-09 hunting 
seasons.

(h) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal 
Members and Nontribal Hunters)

    The Kalispel Reservation was established by Executive Order in 
1914, and currently comprises approximately 4,600 acres. The Tribe owns 
all Reservation land and has full management authority. The Kalispel 
Tribe has a fully developed wildlife program with hunting and fishing 
codes. The Tribe enjoys excellent wildlife management relations with 
the State. The Tribe and the State have an operational Memorandum of 
Understanding with emphasis on fisheries but also for wildlife.
    The nontribal member seasons described below pertain to a 176-acre 
waterfowl management unit and 800 acres of reservation land with a 
guide for waterfowl hunting. The Tribe is utilizing this opportunity to 
rehabilitate an area that needs protection because of past land use 
practices, as well as to provide additional waterfowl hunting in the 
area. Beginning in 1996, the requested regulations also included a 
proposal for Kalispel-member-only migratory bird hunting on Kalispel-
ceded lands within Washington, Montana, and Idaho.
    For the 2008-09 migratory bird hunting seasons, the Kalispel Tribe 
proposed tribal and nontribal member waterfowl seasons. The Tribe 
requests that both duck and goose seasons open at the earliest possible 
date and close on the latest date under Federal frameworks.
    For nontribal hunters on reservation, the Tribe requests the 
seasons open at the earliest possible date and remain open, for the 
maximum amount of open days. Specifically, the Tribe requests that the 
season for ducks begin September 19, 2008, and end January 31, 2009. In 
that period, nontribal hunters would be allowed to hunt approximately 
101 days. Hunters should obtain further information on specific hunt 
days from the Kalispel Tribe.
    The Tribe also requests the season for geese run from September 1 
to September 14, 2008, and from October 1, 2008, to January 31, 2009. 
Total number of days should not exceed 107.
    Nontribal hunters should obtain further information on specific 
hunt days from the Tribe. Daily bag and possession limits would be the 
same as those for the State of Washington.
    The Tribe reports a 2007-08 nontribal harvest of 30 ducks. Under 
the proposal, the Tribe expects harvest to be similar to last year and 
less than 100 geese and 200 ducks.
    All other State and Federal regulations contained in 50 CFR part 
20, such as use of nontoxic shot and possession of a signed migratory 
bird hunting stamp, would be required.
    For tribal members on Kalispel-ceded lands, the Kalispel propose 
season dates consistent with Federal flyway frameworks. Specifically, 
the Tribe requests outside frameworks for ducks of October 1, 2008, 
through January 31, 2009, and geese of September 1, 2008, through 
January 31, 2009. The Tribe requests that both duck and goose seasons 
open at the earliest possible date and close on the latest date under 
Federal frameworks. However, during that period, the Tribe proposes 
that the season run continuously. Daily bag and possession limits would 
be concurrent with the Federal rule.
    The Tribe reports that there was no tribal harvest. Under the 
proposal, the Tribe expects harvest to be less than 200 birds for the 
season with less than 100 geese. Tribal members would be required to 
possess a signed Federal migratory bird stamp and a tribal ceded lands 
permit.
    We propose to approve the regulations requested by the Kalispel 
Tribe, provided that the nontribal seasons conform to Treaty 
limitations and final Federal frameworks for the Pacific Flyway.

(i) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only)

    The Klamath Tribe currently has no reservation, per se. However, 
the Klamath Tribe has reserved hunting, fishing, and gathering rights 
within its former reservation boundary. This area of former 
reservation, granted to the

[[Page 48106]]

Klamaths by the Treaty of 1864, is over 1 million acres. Tribal natural 
resource management authority is derived from the Treaty of 1864, and 
carried out cooperatively under the judicially enforced Consent Decree 
of 1981. The parties to this Consent Decree are the Federal Government, 
the State of Oregon, and the Klamaths. The Klamath Indian Game 
Commission sets the seasons. The tribal biological staff and tribal 
Regulatory Enforcement Officers monitor tribal harvest by frequent bag 
checks and hunter interviews.
    For the 2008-09 season, the Tribe requests proposed season dates of 
October 4, 2008, through February 1, 2009. Daily bag limits would be 
nine for ducks, nine for geese, and nine for coot, with possession 
limits twice the daily bag limit. Shooting hours would be one-half hour 
before sunrise to one-half hour after sunset. Steel shot is required.
    Based on the number of birds produced in the Klamath Basin, this 
year's harvest would be similar to last year's. Information on tribal 
harvest suggests that more than 70 percent of the annual goose harvest 
is local birds produced in the Klamath Basin.
    We propose to approve the Klamath Tribe's requested 2008-09 special 
migratory bird hunting regulations.

(j) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members 
Only)

    The Leech Lake Band of Ojibwe is a federally recognized Tribe 
located in Cass Lake, Minnesota. The reservation employs conservation 
officers to enforce conservation regulations. The Service and the Tribe 
have cooperatively established migratory bird hunting regulations since 
2000.
    For the 2008-09 season, the Tribe requests a duck season starting 
on September 20 and ending December 31, 2008, and a goose season to run 
from September 1 through December 31, 2008. Daily bag limits for both 
ducks and geese would be 10. Possession limits would be twice the daily 
bag limit. Shooting hours are one-half hour before sunrise to one-half 
hour after sunset.
    The annual harvest by tribal members on the Leech Lake Reservation 
is estimated at 500-1,000 birds.
    We propose to approve the Leech Lake Band of Ojibwe's special 
migratory bird hunting season.

(k) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal 
Members Only)

    The Little River Band of Ottawa Indians is a self-governing, 
federally recognized Tribe located in Manistee, Michigan, and a 
signatory Tribe of the Treaty of 1836. We have approved special 
regulations for tribal members of the 1836 treaty's signatory Tribes on 
ceded lands in Michigan since the 1986-87 hunting season. Ceded lands 
are located in Lake, Mason, Manistee, and Wexford Counties. The Band 
proposes the following regulations to govern the hunting of migratory 
birds by Tribal members within the 1836 Ceded Territory as well as on 
the Band's Reservation.
    For the 2008-09 season, the Little River Band of Ottawa Indians 
proposes a duck and merganser season from September 15, 2008, through 
January 20, 2009. A daily bag limit of 12 ducks would include no more 
than 2 pintail, 2 canvasback, 3 black duck, 3 wood ducks, 3 redheads, 6 
mallards (only 2 of which may be a hen), and 1 hooded merganser. 
Possession limits would be twice the daily bag limit.
    For white-fronted geese, snow geese, and brant, the Tribe proposes 
a September 20 through November 30, 2008, season. Daily bag limits 
would be five geese.
    For Canada geese only, the Tribe proposes a September 1, 2008, 
through February 8, 2009, season with a daily bag limit of five Canada 
geese. The possession limit would be twice the daily bag limit.
    For snipe, woodcock, rails, and mourning doves, the Tribe proposes 
a September 1 to November 14, 2008, season. The daily bag limit would 
be 10 common snipe, 5 woodcock, 10 rails, and 10 mourning doves. 
Possession limits for all species would be twice the daily bag limit.
    The Tribe monitored harvest through mail surveys. General 
Conditions were as follows:
    A. All tribal members will be required to obtain a valid tribal 
resource card and 2008-09 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.
    D. Tribal members hunting in Michigan will comply with tribal codes 
that contain provisions parallel to Michigan law regarding duck blinds 
and decoys.
    We propose to approve Little River Band of Ottawa Indians' special 
migratory bird hunting seasons.

(l) The Little Traverse Bay Bands of Odawa Indians, Petoskey, Michigan 
(Tribal Members Only)

    The Little Traverse Bay Bands of Odawa Indians is a self-governing, 
federally recognized Tribe located in Petoskey, Michigan, and a 
signatory Tribe of the Treaty of 1836. We have approved special 
regulations for tribal members of the 1836 treaty's signatory Tribes on 
ceded lands in Michigan since the 1986-87 hunting season.
    For the 2008-09 season, the Little Traverse Bay Bands of Odawa 
Indians propose regulations similar to those of other Tribes in the 
1836 treaty area. The tribal member duck, merganser, coot, and 
gallinule season would run from September 15, 2008, through January 20, 
2009. A daily bag limit of 12 would include 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).
    For Canada geese, the Tribe proposes a September 1, 2008, through 
February 8, 2009, season. For white-fronted geese, brant, and snow 
geese, the Tribe proposes a September 1 through November 30, 2008, 
season. The daily bag limit for Canada geese would be 5 birds, and for 
snow geese, brant, and white-fronted geese, 10 birds. Based on our 
information, it is unlikely that any Canada geese from the Southern 
James Bay Population would be harvested by the Tribe. Possession limits 
are twice the daily bag limit.
    For woodcock, the Tribe proposes a September 1, 2008, to November 
14, 2008, season. The daily bag limit will not exceed five birds. For 
snipe, mourning doves, and sora rail, the Tribe proposes a September 1 
to November 14, 2008, season. The daily bag limit will not exceed 10 
birds per species. The possession limit will not exceed two days' bag 
limit for all birds. All other Federal regulations contained in 50 CFR 
part 20 would apply.
    The Tribe proposes to monitor harvest closely through game bag 
checks, patrols, and mail surveys. In particular, the Tribe proposes 
monitoring the harvest of Southern James Bay Canada geese to assess any 
impacts of tribal hunting on the population.
    We propose to approve the Little Traverse Bay Bands of Odawa 
Indians' requested 2008-09 special migratory bird hunting regulations.

[[Page 48107]]

(m) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule, 
South Dakota (Tribal Members and Nontribal Hunters)

    The Lower Brule Sioux Tribe first established tribal migratory bird 
hunting regulatio