Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2008-09 Early Season, 51704-51712 [E8-20475]
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Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Rules and Regulations
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; Migratory Bird
Hunting Regulations on Certain
Federal Indian Reservations and
Ceded Lands for the 2008–09 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, 2008.
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 15, 2008, Federal
Register (73 FR 48098), we proposed
special migratory bird hunting
regulations for the 2008–09 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
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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 1918 Migratory Bird Treaty with
Canada.
In the May 28, 2008, Federal Register
(73 FR 30712), we requested that tribes
desiring special hunting regulations in
the 2008–09 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. 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://www.fws.gov/migratorybirds/
reports/reports.html.
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
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.
Breeding Ground Conditions
Habitat conditions during the 2008
Waterfowl Breeding Population and
Habitat 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 snow and rainfall in the eastern
survey area. The total pond estimate
(Prairie Canada and United States
combined) was 4.4 ± 0.2 million ponds,
37 percent below last year’s estimate of
7.0 ± 0.3 million ponds and 10 percent
lower than the long-term average of 4.9
± 0.03 million ponds. The 2008 estimate
of ponds in Prairie Canada was 3.1 ± 0.1
million. This was a 39 percent decrease
from last year’s estimate (5.0 ± 0.3
million), and 11 percent below the
1955–2007 average (3.4 ± 0.03 million).
The 2008 pond estimate for the northcentral United States (1.4 ± 0.1 million)
was 30 percent lower than last year’s
estimate (2.0 ± 0.1 million) and 11
percent below the long-term average (1.5
± 0.02 million).
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 37.3
± 0.6 [SE] million birds. This was 9
percent lower than last year’s estimate
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of 41.2 ± 0.7 million birds, but 11
percent above the 1955–2007 long-term
average. Mallard (Anas platyrhynchos)
abundance was 7.7 ± 0.3 million birds,
similar to last year’s estimate of 8.3
plusmn; 0.3 million birds and to the
long-term average. Blue-winged teal (A.
discors) estimated abundance was 6.6 ±
0.3 million birds similar to last year’s
estimate of 6.7 ± 0.4 million birds, and
45 percent above the long-term average.
Estimated abundances of gadwall (A.
strepera; 2.7 ± 0.2 million) and northern
shovelers (A. clypeata; 3.5 ± 0.2 million)
were lower than those of last year (¥19
percent and ¥23 percent, respectively),
but both remained 56 percent above
their long-term averages. Estimated
abundance of American wigeon (A.
americana; 2.5 ± 0.2 million) was
similar to the 2007 estimate and the
long-term average. Estimated
abundances of green-winged teal (A.
crecca; 3.0 ± 0.2 million) and redheads
(Aythya americana; 1.1 ± 0.1 million)
were similar to last year’s, but were each
>50 percent above their long-term
averages. The redhead and greenwinged teal estimates were the highest
and the second highest ever for the
traditional survey area. The canvasback
(A. valisineria) estimate of 0.5 ± 0.05
million was down 44 percent relative to
2007’s record high, and 14 percent
below the long-term average. Northern
pintails (Anas acuta; 2.6 ± 0.1 million)
were 22 percent below last year’s
estimate and 36 percent below their
long-term average. The scaup (Aythya
affinis and A. marila combined; 3.7 ±
0.2 million) estimate was similar to that
of 2007, and remained 27 percent below
the long-term average.
The eastern survey area was
restratified in 2005 and is now
composed of strata 51–72. Estimates of
mallards, scaup, scoters (black
[Melanitta nigra], white-winged [M.
fusca], and surf [M. perspicillata]),
green-winged teal, American wigeon,
bufflehead (B. albeola), American black
duck (A. rubripes), ring-necked duck
(Aythya collaris), mergansers (redbreasted [Mergus serrator], common [M.
merganser], and hooded [Lophodytes
cucullatus]), and goldeneye (common
[Bucephala clangula] and Barrow’s [B.
islandica]) all were similar to their 2007
estimates and long-term averages.
Fall Flight Estimate
The mid-continent mallard
population is composed of mallards
from the traditional survey area (revised
in 2008 to exclude Alaska mallards),
Michigan, Minnesota, and Wisconsin,
and was estimated to be 7.7 ± 0.3
million. This was similar to the revised
2007 estimate of 8.5 ± 0.3 million. In
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2007, we reported a projected mallard
fall-flight index of 11.4 million ± 1.0
million. After the removal of Alaska
mallards from the mid-continent stock,
the revised 2007 fall-flight estimate was
10.9 ± 1.0 million, which was not
significantly different from the 2008
estimate of 9.2 ± 0.8 million. These
indices were based on mid-continent
mallard population models revised in
2002, and the 2008 updated model
weights, 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 May of 2008, much of
eastern Arctic and subarctic Canada
experienced well above-average
temperatures which contributed to
average or early availability of nesting
sites. Reports from most other important
goose and swan nesting areas indicated
near-average nesting phenology and
average production of young in 2008.
Poor nesting conditions were reported
from Wrangel Island, Russia and
relatively small areas along western
Hudson Bay, Bristol Bay (Alaska), and
interior Alaska. Reduced wetland
abundance in the Canadian and U.S.
prairies, and a cool and wet spring in
other southern areas may have reduced
the production of some temperatenesting Canada geese in 2008. Primary
abundance indices increased for 17
goose populations and decreased for
nine goose populations in 2008
compared to 2007. Primary abundance
indices for both populations of tundra
swans decreased in 2008 from 2007
levels. The following populations
displayed significant positive trends
during the most recent 10-year period
(P < 0.05): Mississippi Flyway Giant,
Aleutian, Atlantic Canada geese,
Western Arctic/Wrangel Island snow
geese, and Pacific white-fronted geese.
No populations showed a significant
negative 10-year trend. The forecast for
the production of geese and swans in
North America in 2008 is regionally
variable, but production for many
populations will be improved from the
generally low production observed in
2007.
Waterfowl Harvest and Hunter Activity
National surveys of migratory bird
hunters were conducted during the 2006
and 2007 hunting seasons. About 1.2
million waterfowl hunters harvested
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13,808,100 (± 4 percent) ducks and
3,579,100 (± 5 percent) geese in 2006,
and harvested 14,578,900 (± 4 percent)
ducks and 3,666,100 (± 6 percent) geese
in 2007. Mallard, green-winged teal,
gadwall, blue-winged/cinnamon teal
(Anas cyanoptera), and wood duck (Aix
sponsa) were the most-harvested duck
species, and Canada goose was the
predominant goose species in the
harvest. Coot hunters (about 39,400 in
2006 and 33,700 in 2007) harvested
199,100 (± 29 percent) coots in 2006 and
198,300 (± 29 percent) in 2007.
Comments and Issues Concerning
Tribal Proposals
For the 2008–09 migratory bird
hunting season, we proposed
regulations for 29 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 15,
2008, closed on August 25, 2008.
Because of the necessary brief comment
period, we will respond to any
comments on the proposed rule and/or
these regulations postmarked by August
25, 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 one comment on the
August 15 proposed rule from the
GLIWFC. The GLIFWC disagreed with
our proposal to not remove the species
restriction on mallards. Based on their
harvest information, they estimate that
about 600 mallards were taken by tribal
hunters last year. Further, they stated
that these birds were harvested from a
large geographic area and reiterated the
results from their harvest survey that
showed very few tribal hunters reaching
their daily bag limit.
Service Response: As we stated in the
August 15 proposed rule, 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, GLIFWC expects that this
proposed change is likely to affect, at
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most, a few individual hunters on a few
individual days, and to have no
appreciable effect on mallard
populations.
Further review of 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 have expressed concerns in
the past (October 15, 2007 Federal
Register, 72 FR 58452 and the August
15, 2008, proposed rule) with GLIFWC’s
proposal for removal of mallard
restrictions within the overall duck
daily bag limits in the 1837, 1842, and
1836 Treaty Areas, we now believe that
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 would
have no significant conservation
impacts on locally-breeding mallards.
We have reached this conclusion based
largely on the fact that the tribal harvest,
both past and anticipated, is relatively
minuscule—around 600 mallards—and
widely distributed. However, we
reiterate our request for GLIFWC to
continue with their current harvest
survey based on our implementation of
a pilot bag limit increase for ducks in
the 1837 and 1842 Treaty Areas last
year. We believe the pilot bag limits
implemented last year should warrant at
least several years of data evaluation
using GLIFWC’s current harvest survey.
Finally, last year, in the August 31,
2007, proposed rule (72 FR 50596), we
proposed daily bag limit restrictions for
scaup and wood ducks (a daily bag limit
of 5 for each). We proposed these
particular restrictions on these species
primarily because scaup have
experienced a long-term population
decline and wood ducks might be
susceptible to local over-harvest.
However, in GLIFWC’s comments on
that proposed rule, they requested
removal of the Service’s proposed bag
limit restrictions on scaup and wood
ducks and further noted that neither of
these species have had a within bag
limit species restriction in the past.
They also stated that they were
committed to appropriate harvest
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monitoring (with the understanding that
this monitoring would be sufficient to
identify any localized population
impacts). In the October 15, 2007, final
rule (72 FR 58452), we agreed with
GLIFWC and stated our willingness to
work with them to closely monitor tribal
harvest through either GLIFWC’s own
increased harvest surveys or GLIFWC’s
assisting the Service to survey tribal
hunters. However, we mistakenly failed
to correct the species restrictions on
scaup and wood ducks in either the
October 15, 2007, final rule, or the
August 15 proposed rule for this season.
We are making that correction in this
final rule.
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
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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 Office of Management and Budget
has determined that this rule is
significant and has reviewed this rule
under Executive Order 12866. OMB
bases its determination upon the
following four criteria:
(a) Whether the rule will have an
annual effect of $100 million or more on
the economy or adversely affect an
economic sector, productivity, jobs, the
environment, or other units of the
government.
(b) Whether the rule will create
inconsistencies with other Federal
agencies’ actions.
(c) Whether the rule will materially
affect entitlements, grants, user fees,
loan programs, or the rights and
obligations of their recipients.
(d) Whether the rule raises novel legal
or policy issues.
Regulatory Flexibility Act
The 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 1990–95. In 1995, the
Service issued a Small Entity Flexibility
Analysis (Analysis), which was
subsequently updated in 1996, 1998,
2004, and 2008. 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 2008 Analysis was based on the
2006 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
approximately $1.2 billion at small
businesses in 2008. Copies of the
Analysis are available upon request
from the address indicated under
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and that it meets the requirements of
sections 3(a) and 3(b)(2) of Executive
Order 12988.
or from our Web site at
https://www.fws.gov/
migratorybirds/
reports/reports.html
or at https://www.regulations.gov.
ADDRESSES
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 outlined 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
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
(44 U.S.C. 3501 et seq.). 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 our Migratory Bird
Surveys and assigned control number
1018–0023 (expires 2/28/2011). 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 Alaska Subsistence Household
Survey, an associated voluntary annual
household survey used to determine
levels of subsistence take in Alaska, and
assigned control number 1018–0124
(expires 1/31/2010). 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.
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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
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sufficient federalism implications to
warrant the preparation of a Federalism
Assessment.
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.
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
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.
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 Indian tribe may be more
restrictive than the Federal frameworks
at any time. 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
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List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting
and recordkeeping requirements,
Transportation, Wildlife.
I Accordingly, part 20, subchapter B,
chapter I of title 50 of the Code of
Federal Regulations is amended as
follows:
PART 20—[AMENDED]
1. The authority citation for part 20
continues to read as follows:
I
Authority: Migratory Bird Treaty Act, 40
Stat. 755, 16 U.S.C. 703–712; Fish and
Wildlife Act of 1956, 16 U.S.C. 742a–j; Pub.
L. 106–108, 113 Stat. 1491, Note Following
16 U.S.C. 703.
(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.
(a) Colorado River Indian Tribes,
Parker, Arizona (Tribal Members and
Nontribal Hunters).
Doves
Season Dates: Open September 1,
through September 15, 2008; then open
November 15, through December 29,
2008.
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.
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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).
Mergansers
Tribal Members Only
Canada Geese: All Areas
Ducks (Including Mergansers)
Season Dates: Open September 1,
2008, through March 9, 2009.
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.
Season Dates: Begin September 1 and
end November 30, 2008.
Daily Bag Limit: 20 geese.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits:
Same as ducks.
ebenthall on PRODPC60 with RULES2
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) Fond du Lac Band of Lake
Superior Chippewa Indians, Cloquet,
Minnesota (Tribal Members Only).
Ducks
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.
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.
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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.
Reservation:
Season Dates: Begin September 6 and
end November 30, 2008.
Daily Bag Limit: 10 mergansers,
including no more than 4 hooded
mergansers.
Coots and Common Moorhens (Common
Gallinules)
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.
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
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.
Reservation:
Season Dates: Begin September 1 and
end December 2, 2008.
Daily Bag Limit: 25 sora and Virginia
rails, singly or in the aggregate.
restrictive than the provisions of
Chapter 10 of the Model Off-Reservation
Code. These 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.
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.
(d) 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 20,
2008, through January 18, 2009.
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, 2009, through February 8, 2009.
Daily Bag Limit: Five geese.
Common Snipe: All Areas
Other Geese (white-fronted geese and
brant)
Season Dates: Begin September 1 and
end November 30, 2008.
Daily Bag Limit: Eight common snipe.
Season Dates: Open September 20,
through November 30, 2008.
Daily Bag Limit: Five geese.
Woodcock: All Areas
Sora Rails, Common Snipe, and
Woodcock
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.
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
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Season Dates: Open September 1,
through November 14, 2008.
Daily Bag Limit: 10 rails, 10 snipe,
and 5 woodcock.
Mourning Doves
Season Dates: Open September 1,
through November 14, 2008.
Daily Bag Limit: 10 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.
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Other tribal regulations apply, and may
be obtained at the tribal office in
Suttons Bay, Michigan.
(e) Great Lakes Indian Fish and
Wildlife Commission, Odanah,
Wisconsin (Tribal Members Only).
Ducks
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 5 black ducks, 5 pintails,
and 5 canvasbacks.
Michigan 1836 Treaty Area:
Season Dates: Begin September 15
and end December 31, 2008.
Daily Bag Limit: 20 ducks, including
no more than 5 black ducks, 5 pintails,
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
Coots and Common Moorhens (Common
Gallinules)
Season Dates: Begin September 1 and
end December 31, 2008.
Daily Bag Limit: 20 coots and
common moorhens (common
gallinules), singly or in the aggregate.
Sora and Virginia Rails
Season Dates: Begin September 1 and
end December 31, 2008.
Daily Bag Limit: 20, singly or in the
aggregate.
Common Snipe
Season Dates: Begin September 15
and end December 31, 2008.
Daily Bag Limit: 16 common.
Woodcock
Season Dates: Begin September 5 and
end December 1, 2008.
Daily Bag Limit: 10 woodcock.
ebenthall on PRODPC60 with RULES2
Mourning Dove
1837 and 1842 Ceded Territories:
Season Dates: Begin September 1 and
end November 9, 2008.
Daily Bag Limit: 15.
General Conditions:
1. All tribal members will be required
to obtain a valid tribal waterfowl
hunting permit.
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Jkt 214001
2. 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.
3. Particular regulations of note
include:
i. Nontoxic shot will be required for
all off-reservation waterfowl hunting by
tribal members.
ii. 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.
iii. 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.
iv. The baiting restrictions included
in section 10.05(2)(h) of the model
ceded territory conservation code will
be amended to include language which
parallels that in place for non-tribal
members as published at 64 FR 29799,
June 3, 1999.
v. The shell limit restrictions
included in section 10.05(2)(b) of the
model ceded territory conservation code
will be removed.
vi. Hunting hours shall be from a half
hour before sunrise to 15 minutes after
sunset.
4. Michigan—Duck Blinds and
Decoys. Tribal members hunting in
Michigan will comply with tribal codes
that contain provisions parallel to
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Michigan law regarding duck blinds and
decoys.
(f) Kalispel Tribe, Kalispel
Reservation, Usk, Washington (Tribal
Members and Nontribal Hunters).
Nontribal Hunters on Reservation
Geese
Season Dates: Open September 1,
2008, through September 14, for the
early-season, and open October 1,
through January 31, 2009, 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,
2008, through January 31, 2009.
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,
2008, through January 31, 2009.
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.
(g) Leech Lake Band of Ojibwe, Cass
Lake, Minnesota (Tribal Members Only).
Ducks
Youth Season Date: September 20,
2008.
Regular Season Dates: Open
September 27, through December 31,
2008.
Daily Bag Limits: 10 ducks.
Geese
Season Dates: Open September 6,
through December 31, 2008.
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
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commercial use of migratory birds are
prohibited. Waterfowl may not be
pursued or taken while using motorized
craft.
(h) Little River Band of Ottawa
Indians, Manistee, Michigan (Tribal
Members Only).
Ducks
Season Dates: Open September 15,
2008, through January 20, 2009.
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, 2009.
Daily Bag and Possession Limits: Five
Canada geese and possession limit is
twice the daily bag limit.
ebenthall on PRODPC60 with RULES2
White-fronted Geese, Snow Geese, Ross
Geese, and Brant
Season Dates: Open September 20,
through November 30, 2008.
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, 2008.
Daily Bag and Possession Limits: 10
doves, 10 rails, 10 snipe, and 5
woodcock. The possession limit is twice
the daily bag limit.
General:
1. All tribal members are required to
obtain a valid tribal resource card and
2008–09 hunting license.
2. 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.
3. Particular regulations of note
include:
i. Nontoxic shot will be required for
all waterfowl hunting by tribal
members.
ii. 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.
iii. 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.
4. Tribal members hunting in
Michigan will comply with tribal codes
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Jkt 214001
that contain provisions parallel to
Michigan law regarding duck blinds and
decoys.
(i) The Little Traverse Bay Bands of
Odawa Indians, Petoskey, Michigan
(Tribal Members Only).
Ducks
Season Dates: Open September 15,
2008, through January 20, 2009.
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,
2008, through February 8, 2009.
Daily Bag Limit: Five geese.
White-fronted Geese, Snow Geese, and
Brant
Season Dates: Open September 1,
through November 30, 2008.
Daily Bag Limit: 10 of each species.
Sora Rails, Snipe, and Mourning Doves
Season Dates: Open September 1,
through November 14, 2008.
Daily Bag Limit: 10 of each species.
Woodcock
Season Dates: Open September 1,
through November 14, 2008.
Daily Bag Limit: Five woodcock.
General: Possession limits are twice
the daily bag limits.
(j) Lower Brule Sioux Tribe, Lower
Brule Reservation, Lower Brule, South
Dakota (Tribal Members and Nontribal
Hunters).
Tribal Members
Ducks, Mergansers and Coots
Season Dates: Open September 20,
2008, through March 10, 2009.
Daily Bag and Possession Limits: Five
ducks, including no more than five
mallards (only one of which may be a
hen), two 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 two
hooded merganser. The possession limit
is twice the daily bag limit.
(k) Lower Elwha Klallam Tribe, Port
Angeles, Washington (Tribal Members
Only).
Ducks
Season Dates: Open September 20,
through December 31, 2008.
Daily Bag and Possession Limits:
Seven ducks, including no more than
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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 20,
through December 31, 2008.
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.
Brant
Season Dates: Open November 1,
2008, through February 15, 2009.
Daily Bag and Possession Limits: Two
and four, respectively.
Coots
Season Dates: Open September 20,
through December 31, 2008.
Daily Bag and Possession Limits: 25
and 50 coots, respectively.
Mourning Doves
Season Dates: Open September 20,
through December 31, 2008.
Daily Bag and Possession Limits: 10
and 20 doves, respectively.
Snipe
Season Dates: Open September 20,
through December 31, 2008.
Daily Bag and Possession Limits: 8
and 16 snipe, respectively.
Band-tailed Pigeon
Season Dates: Open September 20,
through December 31, 2008.
Daily Bag and Possession Limits: 2
and 4 pigeons, respectively.
General: Tribal members must possess
a tribal hunting permit from the Lower
Elwha Klallam Tribe pursuant to tribal
law. Hunters must observe all basic
Federal migratory bird hunting
regulations in 50 CFR part 20.
(l) Makah Indian Tribe, Neah Bay,
Washington (Tribal Members).
Band-tailed Pigeons
Season Dates: Open September 20,
through October 31, 2008.
Daily Bag Limit: Two band-tailed
pigeons.
Ducks and Coots
Season Dates: Open September 27,
2008, through January 25, 2009.
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 27,
2008, through January 25, 2009.
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Daily Bag Limit: Four including no
more than one brant. 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; and (7)
Shooting hours for all species of
waterfowl are one-half hour before
sunrise to one-half hour after sunset;
and (8) Open hunting areas are: GMUs
601 (Hoko), a portion of the 602
(Dickey) encompassing the area north of
a line between Norwegian Memorial and
east to Highway 101, and 603 (Pysht).
(m) Navajo Indian Reservation,
Window Rock, Arizona (Tribal Members
and Nontribal Hunters).
ebenthall on PRODPC60 with RULES2
Band-tailed Pigeons
Season Dates: Open September 1,
through September 30, 2008.
Daily Bag and Possession Limits: 5
and 10 pigeons, respectively.
Mourning Doves
Season Dates: Open September 1,
through September 30, 2008.
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).
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51711
Ducks (Including Mergansers)
Ducks and Mergansers
Season Dates: Open September 20,
through November 21, 2008, and open
December 1, through December 7, 2008.
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.
Season Dates: Open September 16,
2008, through February 28, 2009.
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,
2008, through February 28, 2009.
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.
Season Dates: Open September 1,
through September 19; September 20,
through November 21; and open
December 1, through December 30,
2008.
Daily Bag and Possession Limits: 5
and 10 Canada geese, respectively, from
September 1, through September 19,
2008; and 3 and 6 Canada geese,
respectively, from September 20,
through December 30, 2008. Hunters
will be issued five tribal tags during the
early season and three tribal tags during
the late season for geese in order to
monitor goose harvest. An additional
three tags will be issued each time birds
are registered. A seasonal quota of 300
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 6,
through November 9, 2008.
Daily Bag and Possession Limits: 5
and 10 woodcock, respectively.
Dove
Season Dates: Open September 1,
through November 9, 2008.
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).
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Geese
Brant
Season Dates: Open November 1,
2008, through February 15, 2009.
Daily Bag and Possession Limits: Two
and four brant, respectively.
Coots
Season Dates: Open September 16,
2008, through February 28, 2009.
Daily Bag and Possession Limits: 25
and 50 coots, respectively.
Mourning Doves
Season Dates: Open September 16,
2008, through February 28, 2009.
Daily Bag and Possession Limits: 10
and 20 doves, respectively.
Snipe
Season Dates: Open September 16,
2008, through February 28, 2009.
Daily Bag and Possession Limits: 8
and 16 snipe, respectively.
Band-tailed Pigeon
Season Dates: Open September 16,
2008, through February 28, 2009.
Daily Bag and Possession Limits: 2
and 4 pigeons, respectively.
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,
2008, through January 15, 2009.
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.
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Geese
Season Dates: Open September 15,
2008, through January 15, 2009.
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, 2008.
Daily Bag and Possession Limits: Two
and four brant, respectively.
Coots
Season Dates: Open September 1,
2008, through January 15, 2009.
Daily Bag Limits: 25 coots.
Snipe
Season Dates: Open September 15,
2008, and through January 15, 2009.
Daily Bag and Possession Limits: 8
and 16 snipe, respectively.
Band-tailed Pigeons
Season Dates: Open September 1,
through December 31, 2008.
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.
(q) Spokane Tribe of Indians, Spokane
Indian Reservation, Wellpinit,
Washington (Tribal Members Only).
ebenthall on PRODPC60 with RULES2
Ducks
Season Dates: Open September 15,
2008, through January 31, 2009.
Daily Bag and Possession Limits:
Seven ducks, including no more than
two mallard hens, two redheads, two
scaup, and one pintail. The canvasback
season is closed. Possession limit is
twice the daily bag limit.
Geese
Season Dates: Open September 1,
2008, through January 31, 2009.
Daily Bag and Possession Limits: 4
dark geese and 10 light geese.
Possession limit is twice the daily bag
limit.
(r) Upper Skagit Indian Tribe, Sedro
Woolley, Washington (Tribal Members
Only).
VerDate Aug<31>2005
12:28 Sep 03, 2008
Jkt 214001
Mourning Dove
Season Dates: Open September 1,
through December 31, 2008.
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.
(s) Wampanoag Tribe of Gay Head,
Aquinnah, Massachusetts (Tribal
Members Only).
Canada Geese
Season Dates: Open September 15,
and through September 29, 2008, and
open October 29, 2008, through
February 25, 2009.
Daily Bag Limits: 5 Canada geese
during the first period, 3 during the
second.
Snow Geese
Season Dates: Open September 8,
2008, and through September 22, 2008.
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 20,
through December 19, 2008.
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 26, 2008, and open
September 27, through December 19,
2008.
Daily Bag Limit: Eight geese through
September 26 and five thereafter.
Coots
Season Dates: Open September 1,
through November 30, 2008.
Daily Bag Limit: 20 coots.
Sora and Virginia Rails
Season Dates: Open September 1,
through November 30, 2008.
PO 00000
Frm 00010
Fmt 4701
Sfmt 4700
Daily Bag Limit: 25 sora and Virginia
rails, singly or in the aggregate.
Common Snipe and Woodcock
Season Dates: Open September 1,
through November 30, 2008.
Daily Bag Limit: 10 snipe and 10
woodcock.
Mourning Dove
Season Dates: Open September 1,
through November 30, 2008.
Daily Bag Limit: 25 doves.
General Conditions: Shooting hours
are one-half hour before sunrise to onehalf hour after sunset. Nontoxic shot is
required.
(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, 2008.
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, 2008.
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: August 28, 2008.
David M. Verhey,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. E8–20475 Filed 8–29–08; 11:15 am]
BILLING CODE 4310–55–P
E:\FR\FM\04SER2.SGM
04SER2
]]>Agencies
[Federal Register Volume 73, Number 172 (Thursday, September 4, 2008)]
[Rules and Regulations]
[Pages 51704-51712]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20475]
[[Page 51703]]
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Part II
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 20
Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain
Federal Indian Reservations and Ceded Lands for the 2008-09 Early
Season; Final Rule
Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 /
Rules and Regulations
[[Page 51704]]
-----------------------------------------------------------------------
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; Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations and Ceded Lands for the 2008-09
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, 2008.
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 15, 2008, Federal Register (73 FR 48098), we proposed
special migratory bird hunting regulations for the 2008-09 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 1918 Migratory Bird Treaty with Canada.
In the May 28, 2008, Federal Register (73 FR 30712), we requested
that tribes desiring special hunting regulations in the 2008-09 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. 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://www.fws.gov/migratorybirds/
reports/reports.html.
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 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.
Breeding Ground Conditions
Habitat conditions during the 2008 Waterfowl Breeding Population
and Habitat 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 snow and
rainfall in the eastern survey area. The total pond estimate (Prairie
Canada and United States combined) was 4.4 0.2 million
ponds, 37 percent below last year's estimate of 7.0 0.3
million ponds and 10 percent lower than the long-term average of 4.9
0.03 million ponds. The 2008 estimate of ponds in Prairie
Canada was 3.1 0.1 million. This was a 39 percent decrease
from last year's estimate (5.0 0.3 million), and 11
percent below the 1955-2007 average (3.4 0.03 million).
The 2008 pond estimate for the north-central United States (1.4 0.1 million) was 30 percent lower than last year's estimate (2.0
0.1 million) and 11 percent below the long-term average
(1.5 0.02 million).
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 37.3 0.6 [SE] million birds. This was 9
percent lower than last year's estimate
[[Page 51705]]
of 41.2 0.7 million birds, but 11 percent above the 1955-
2007 long-term average. Mallard (Anas platyrhynchos) abundance was 7.7
0.3 million birds, similar to last year's estimate of 8.3
plusmn; 0.3 million birds and to the long-term average. Blue-winged
teal (A. discors) estimated abundance was 6.6 0.3 million
birds similar to last year's estimate of 6.7 0.4 million
birds, and 45 percent above the long-term average. Estimated abundances
of gadwall (A. strepera; 2.7 0.2 million) and northern
shovelers (A. clypeata; 3.5 0.2 million) were lower than
those of last year (-19 percent and -23 percent, respectively), but
both remained 56 percent above their long-term averages. Estimated
abundance of American wigeon (A. americana; 2.5 0.2
million) was similar to the 2007 estimate and the long-term average.
Estimated abundances of green-winged teal (A. crecca; 3.0
0.2 million) and redheads (Aythya americana; 1.1 0.1
million) were similar to last year's, but were each >50 percent above
their long-term averages. The redhead and green-winged teal estimates
were the highest and the second highest ever for the traditional survey
area. The canvasback (A. valisineria) estimate of 0.5 0.05
million was down 44 percent relative to 2007's record high, and 14
percent below the long-term average. Northern pintails (Anas acuta; 2.6
0.1 million) were 22 percent below last year's estimate
and 36 percent below their long-term average. The scaup (Aythya affinis
and A. marila combined; 3.7 0.2 million) estimate was
similar to that of 2007, and remained 27 percent below the long-term
average.
The eastern survey area was restratified in 2005 and is now
composed of strata 51-72. Estimates of mallards, scaup, scoters (black
[Melanitta nigra], white-winged [M. fusca], and surf [M.
perspicillata]), green-winged teal, American wigeon, bufflehead (B.
albeola), American black duck (A. rubripes), ring-necked duck (Aythya
collaris), mergansers (red-breasted [Mergus serrator], common [M.
merganser], and hooded [Lophodytes cucullatus]), and goldeneye (common
[Bucephala clangula] and Barrow's [B. islandica]) all were similar to
their 2007 estimates and long-term averages.
Fall Flight Estimate
The mid-continent mallard population is composed of mallards from
the traditional survey area (revised in 2008 to exclude Alaska
mallards), Michigan, Minnesota, and Wisconsin, and was estimated to be
7.7 0.3 million. This was similar to the revised 2007
estimate of 8.5 0.3 million. In 2007, we reported a
projected mallard fall-flight index of 11.4 million 1.0
million. After the removal of Alaska mallards from the mid-continent
stock, the revised 2007 fall-flight estimate was 10.9 1.0
million, which was not significantly different from the 2008 estimate
of 9.2 0.8 million. These indices were based on mid-
continent mallard population models revised in 2002, and the 2008
updated model weights, 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 May of 2008, much of eastern Arctic and
subarctic Canada experienced well above-average temperatures which
contributed to average or early availability of nesting sites. Reports
from most other important goose and swan nesting areas indicated near-
average nesting phenology and average production of young in 2008. Poor
nesting conditions were reported from Wrangel Island, Russia and
relatively small areas along western Hudson Bay, Bristol Bay (Alaska),
and interior Alaska. Reduced wetland abundance in the Canadian and U.S.
prairies, and a cool and wet spring in other southern areas may have
reduced the production of some temperate-nesting Canada geese in 2008.
Primary abundance indices increased for 17 goose populations and
decreased for nine goose populations in 2008 compared to 2007. Primary
abundance indices for both populations of tundra swans decreased in
2008 from 2007 levels. The following populations displayed significant
positive trends during the most recent 10-year period (P < 0.05):
Mississippi Flyway Giant, Aleutian, Atlantic Canada geese, Western
Arctic/Wrangel Island snow geese, and Pacific white-fronted geese. No
populations showed a significant negative 10-year trend. The forecast
for the production of geese and swans in North America in 2008 is
regionally variable, but production for many populations will be
improved from the generally low production observed in 2007.
Waterfowl Harvest and Hunter Activity
National surveys of migratory bird hunters were conducted during
the 2006 and 2007 hunting seasons. About 1.2 million waterfowl hunters
harvested 13,808,100 ( 4 percent) ducks and 3,579,100
( 5 percent) geese in 2006, and harvested 14,578,900
( 4 percent) ducks and 3,666,100 ( 6 percent)
geese in 2007. Mallard, green-winged teal, gadwall, blue-winged/
cinnamon teal (Anas cyanoptera), and wood duck (Aix sponsa) were the
most-harvested duck species, and Canada goose was the predominant goose
species in the harvest. Coot hunters (about 39,400 in 2006 and 33,700
in 2007) harvested 199,100 ( 29 percent) coots in 2006 and
198,300 ( 29 percent) in 2007.
Comments and Issues Concerning Tribal Proposals
For the 2008-09 migratory bird hunting season, we proposed
regulations for 29 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 15, 2008, closed on August 25, 2008. Because of the
necessary brief comment period, we will respond to any comments on the
proposed rule and/or these regulations postmarked by August 25, 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 one comment on the August 15 proposed rule from the
GLIWFC. The GLIFWC disagreed with our proposal to not remove the
species restriction on mallards. Based on their harvest information,
they estimate that about 600 mallards were taken by tribal hunters last
year. Further, they stated that these birds were harvested from a large
geographic area and reiterated the results from their harvest survey
that showed very few tribal hunters reaching their daily bag limit.
Service Response: As we stated in the August 15 proposed rule,
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, GLIFWC expects that this proposed change is likely to affect, at
[[Page 51706]]
most, a few individual hunters on a few individual days, and to have no
appreciable effect on mallard populations.
Further review of 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 have expressed concerns in the past (October 15, 2007
Federal Register, 72 FR 58452 and the August 15, 2008, proposed rule)
with GLIFWC's proposal for removal of mallard restrictions within the
overall duck daily bag limits in the 1837, 1842, and 1836 Treaty Areas,
we now believe that 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 would have no significant
conservation impacts on locally-breeding mallards. We have reached this
conclusion based largely on the fact that the tribal harvest, both past
and anticipated, is relatively minuscule--around 600 mallards--and
widely distributed. However, we reiterate our request for GLIFWC to
continue with their current harvest survey based on our implementation
of a pilot bag limit increase for ducks in the 1837 and 1842 Treaty
Areas last year. We believe the pilot bag limits implemented last year
should warrant at least several years of data evaluation using GLIFWC's
current harvest survey.
Finally, last year, in the August 31, 2007, proposed rule (72 FR
50596), we proposed daily bag limit restrictions for scaup and wood
ducks (a daily bag limit of 5 for each). We proposed these particular
restrictions on these species primarily because scaup have experienced
a long-term population decline and wood ducks might be susceptible to
local over-harvest. However, in GLIFWC's comments on that proposed
rule, they requested removal of the Service's proposed bag limit
restrictions on scaup and wood ducks and further noted that neither of
these species have had a within bag limit species restriction in the
past. They also stated that they were committed to appropriate harvest
monitoring (with the understanding that this monitoring would be
sufficient to identify any localized population impacts). In the
October 15, 2007, final rule (72 FR 58452), we agreed with GLIFWC and
stated our willingness to work with them to closely monitor tribal
harvest through either GLIFWC's own increased harvest surveys or
GLIFWC's assisting the Service to survey tribal hunters. However, we
mistakenly failed to correct the species restrictions on scaup and wood
ducks in either the October 15, 2007, final rule, or the August 15
proposed rule for this season. We are making that correction in this
final rule.
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 Office of Management and Budget has determined that this rule
is significant and has reviewed this rule under Executive Order 12866.
OMB bases its determination upon the following four criteria:
(a) Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
(b) Whether the rule will create inconsistencies with other Federal
agencies' actions.
(c) Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their
recipients.
(d) Whether the rule raises novel legal or policy issues.
Regulatory Flexibility Act
The 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 1990-95. In 1995, the Service issued
a Small Entity Flexibility Analysis (Analysis), which was subsequently
updated in 1996, 1998, 2004, and 2008. 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 2008 Analysis was based on the 2006 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 approximately $1.2 billion at small businesses in
2008. Copies of the Analysis are available upon request from the
address indicated under
[[Page 51707]]
ADDRESSES or from our Web site at https://www.fws.gov/migratorybirds/
reports/reports.html or at https://www.regulations.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 outlined 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 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 (44 U.S.C. 3501 et seq.). 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 our Migratory Bird Surveys and assigned
control number 1018-0023 (expires 2/28/2011). 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 Alaska Subsistence Household Survey, an
associated voluntary annual household survey used to determine levels
of subsistence take in Alaska, and assigned control number 1018-0124
(expires 1/31/2010). 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 Indian tribe may be more restrictive
than the Federal frameworks at any time. 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 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: Migratory Bird Treaty Act, 40 Stat. 755, 16 U.S.C.
703-712; Fish and Wildlife Act of 1956, 16 U.S.C. 742a-j; Pub. L.
106-108, 113 Stat. 1491, Note Following 16 U.S.C. 703.
(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, 2008; then
open November 15, through December 29, 2008.
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.
[[Page 51708]]
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, 2008, through March 9, 2009.
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) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet,
Minnesota (Tribal Members Only).
Ducks
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.
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
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.
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)
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.
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
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.
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.
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. These
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.
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.
(d) 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 20, 2008, through January 18, 2009.
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, 2009, through February 8, 2009.
Daily Bag Limit: Five geese.
Other Geese (white-fronted geese and brant)
Season Dates: Open September 20, through November 30, 2008.
Daily Bag Limit: Five geese.
Sora Rails, Common Snipe, and Woodcock
Season Dates: Open September 1, through November 14, 2008.
Daily Bag Limit: 10 rails, 10 snipe, and 5 woodcock.
Mourning Doves
Season Dates: Open September 1, through November 14, 2008.
Daily Bag Limit: 10 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.
[[Page 51709]]
Other tribal regulations apply, and may be obtained at the tribal
office in Suttons Bay, Michigan.
(e) Great Lakes Indian Fish and Wildlife Commission, Odanah,
Wisconsin (Tribal Members Only).
Ducks
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 5 black ducks, 5
pintails, and 5 canvasbacks.
Michigan 1836 Treaty Area:
Season Dates: Begin September 15 and end December 31, 2008.
Daily Bag Limit: 20 ducks, including no more than 5 black ducks, 5
pintails, 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
Coots and Common Moorhens (Common Gallinules)
Season Dates: Begin September 1 and end December 31, 2008.
Daily Bag Limit: 20 coots and common moorhens (common gallinules),
singly or in the aggregate.
Sora and Virginia Rails
Season Dates: Begin September 1 and end December 31, 2008.
Daily Bag Limit: 20, singly or in the aggregate.
Common Snipe
Season Dates: Begin September 15 and end December 31, 2008.
Daily Bag Limit: 16 common.
Woodcock
Season Dates: Begin September 5 and end December 1, 2008.
Daily Bag Limit: 10 woodcock.
Mourning Dove
1837 and 1842 Ceded Territories:
Season Dates: Begin September 1 and end November 9, 2008.
Daily Bag Limit: 15.
General Conditions:
1. All tribal members will be required to obtain 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
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.
3. Particular regulations of note include:
i. Nontoxic shot will be required for all off-reservation waterfowl
hunting by tribal members.
ii. 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.
iii. 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.
iv. The baiting restrictions included in section 10.05(2)(h) of the
model ceded territory conservation code will be amended to include
language which parallels that in place for non-tribal members as
published at 64 FR 29799, June 3, 1999.
v. The shell limit restrictions included in section 10.05(2)(b) of
the model ceded territory conservation code will be removed.
vi. Hunting hours shall be from a half hour before sunrise to 15
minutes after sunset.
4. 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.
(f) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal
Members and Nontribal Hunters).
Nontribal Hunters on Reservation
Geese
Season Dates: Open September 1, 2008, through September 14, for the
early-season, and open October 1, through January 31, 2009, 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, 2008, through January 31, 2009.
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, 2008, through January 31, 2009.
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.
(g) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members
Only).
Ducks
Youth Season Date: September 20, 2008.
Regular Season Dates: Open September 27, through December 31, 2008.
Daily Bag Limits: 10 ducks.
Geese
Season Dates: Open September 6, through December 31, 2008.
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
[[Page 51710]]
commercial use of migratory birds are prohibited. Waterfowl may not be
pursued or taken while using motorized craft.
(h) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal
Members Only).
Ducks
Season Dates: Open September 15, 2008, through January 20, 2009.
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, 2009.
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, 2008.
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, 2008.
Daily Bag and Possession Limits: 10 doves, 10 rails, 10 snipe, and
5 woodcock. The possession limit is twice the daily bag limit.
General:
1. All tribal members are required to obtain a valid tribal
resource card and 2008-09 hunting license.
2. 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.
3. Particular regulations of note include:
i. Nontoxic shot will be required for all waterfowl hunting by
tribal members.
ii. 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.
iii. 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.
4. Tribal members hunting in Michigan will comply with tribal codes
that contain provisions parallel to Michigan law regarding duck blinds
and decoys.
(i) The Little Traverse Bay Bands of Odawa Indians, Petoskey,
Michigan (Tribal Members Only).
Ducks
Season Dates: Open September 15, 2008, through January 20, 2009.
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, 2008, through February 8, 2009.
Daily Bag Limit: Five geese.
White-fronted Geese, Snow Geese, and Brant
Season Dates: Open September 1, through November 30, 2008.
Daily Bag Limit: 10 of each species.
Sora Rails, Snipe, and Mourning Doves
Season Dates: Open September 1, through November 14, 2008.
Daily Bag Limit: 10 of each species.
Woodcock
Season Dates: Open September 1, through November 14, 2008.
Daily Bag Limit: Five woodcock.
General: Possession limits are twice the daily bag limits.
(j) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,
South Dakota (Tribal Members and Nontribal Hunters).
Tribal Members
Ducks, Mergansers and Coots
Season Dates: Open September 20, 2008, through March 10, 2009.
Daily Bag and Possession Limits: Five ducks, including no more than
five mallards (only one of which may be a hen), two 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 two hooded merganser. The possession limit is
twice the daily bag limit.
(k) Lower Elwha Klallam Tribe, Port Angeles, Washington (Tribal
Members Only).
Ducks
Season Dates: Open September 20, through December 31, 2008.
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 20, through December 31, 2008.
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.
Brant
Season Dates: Open November 1, 2008, through February 15, 2009.
Daily Bag and Possession Limits: Two and four, respectively.
Coots
Season Dates: Open September 20, through December 31, 2008.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
Season Dates: Open September 20, through December 31, 2008.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 20, through December 31, 2008.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-tailed Pigeon
Season Dates: Open September 20, through December 31, 2008.
Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
General: Tribal members must possess a tribal hunting permit from
the Lower Elwha Klallam Tribe pursuant to tribal law. Hunters must
observe all basic Federal migratory bird hunting regulations in 50 CFR
part 20.
(l) Makah Indian Tribe, Neah Bay, Washington (Tribal Members).
Band-tailed Pigeons
Season Dates: Open September 20, through October 31, 2008.
Daily Bag Limit: Two band-tailed pigeons.
Ducks and Coots
Season Dates: Open September 27, 2008, through January 25, 2009.
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 27, 2008, through January 25, 2009.
[[Page 51711]]
Daily Bag Limit: Four including no more than one brant. 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;
and (7) Shooting hours for all species of waterfowl are one-half hour
before sunrise to one-half hour after sunset; and (8) Open hunting
areas are: GMUs 601 (Hoko), a portion of the 602 (Dickey) encompassing
the area north of a line between Norwegian Memorial and east to Highway
101, and 603 (Pysht).
(m) Navajo Indian Reservation, Window Rock, Arizona (Tribal Members
and Nontribal Hunters).
Band-tailed Pigeons
Season Dates: Open September 1, through September 30, 2008.
Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
Season Dates: Open September 1, through September 30, 2008.
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 20, through November 21, 2008, and
open December 1, through December 7, 2008.
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 September 19; September 20,
through November 21; and open December 1, through December 30, 2008.
Daily Bag and Possession Limits: 5 and 10 Canada geese,
respectively, from September 1, through September 19, 2008; and 3 and 6
Canada geese, respectively, from September 20, through December 30,
2008. Hunters will be issued five tribal tags during the early season
and three tribal tags during the late season for geese in order to
monitor goose harvest. An additional three tags will be issued each
time birds are registered. A seasonal quota of 300 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 6, through November 9, 2008.
Daily Bag and Possession Limits: 5 and 10 woodcock, respectively.
Dove
Season Dates: Open September 1, through November 9, 2008.
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, 2008, through February 28, 2009.
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, 2008, through February 28, 2009.
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.
Brant
Season Dates: Open November 1, 2008, through February 15, 2009.
Daily Bag and Possession Limits: Two and four brant, respectively.
Coots
Season Dates: Open September 16, 2008, through February 28, 2009.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
Season Dates: Open September 16, 2008, through February 28, 2009.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 16, 2008, through February 28, 2009.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-tailed Pigeon
Season Dates: Open September 16, 2008, through February 28, 2009.
Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
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, 2008, through January 15, 2009.
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.
[[Page 51712]]
Geese
Season Dates: Open September 15, 2008, through January 15, 2009.
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, 2008.
Daily Bag and Possession Limits: Two and four brant, respectively.
Coots
Season Dates: Open September 1, 2008, through January 15, 2009.
Daily Bag Limits: 25 coots.
Snipe
Season Dates: Open September 15, 2008, and through January 15,
2009.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-tailed Pigeons
Season Dates: Open September 1, through December 31, 2008.
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) Spokane Tribe of Indians, Spokane Indian Reservation,
Wellpinit, Washington (Tribal Members Only).
Ducks
Season Dates: Open September 15, 2008, through January 31, 2009.
Daily Bag and Possession Limits: Seven ducks, including no more
than two mallard hens, two redheads, two scaup, and one pintail. The
canvasback season is closed. Possession limit is twice the daily bag
limit.
Geese
Season Dates: Open September 1, 2008, through January 31, 2009.
Daily Bag and Possession Limits: 4 dark geese and 10 light geese.
Possession limit is twice the daily bag limit.
(r) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal
Members Only).
Mourning Dove
Season Dates: Open September 1, through December 31, 2008.
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 15, and through September 29, 2008,
and open October 29, 2008, through February 25, 2009.
Daily Bag Limits: 5 Canada geese during the first period, 3 during
the second.
Snow Geese
Season Dates: Open September 8, 2008, and through September 22,
2008.
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 20, through December 19, 2008.
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 26, 2008, and
open September 27, through December 19, 2008.
Daily Bag Limit: Eight geese through September 26 and five
thereafter.
Coots
Season Dates: Open September 1, through November 30, 2008.
Daily Bag Limit: 20 coots.
Sora and Virginia Rails
Season Dates: Open September 1, through November 30, 2008.
Daily Bag Limit: 25 sora and Virginia rails, singly or in the
aggregate.
Common Snipe and Woodcock
Season Dates: Open September 1, through November 30, 2008.
Daily Bag Limit: 10 snipe and 10 woodcock.
Mourning Dove
Season Dates: Open September 1, through November 30, 2008.
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.
(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, 2008.
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, 2008.
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: August 28, 2008.
David M. Verhey,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E8-20475 Filed 8-29-08; 11:15 am]
BILLING CODE 4310-55-P
