Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2009-10 Season, 40138-40154 [E9-19202]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Proposed Rules]
[Pages 40138-40154]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19202]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[FWS-R9-MB-2008-0124; 91200-1231-9BPP-L2]
RIN 1018-AW31


Migratory Bird Hunting; Proposed Migratory Bird Hunting 
Regulations on Certain Federal Indian Reservations and Ceded Lands for 
the 2009-10 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (hereinafter, Service or 
we) proposes special migratory bird hunting regulations for certain 
Tribes on Federal Indian reservations, off-reservation trust lands, and 
ceded lands for the 2009-10 migratory bird hunting season.

DATES: We will accept all comments on the proposed regulations that are 
postmarked or received in our office by August 21, 2009.

ADDRESSES: You may submit comments on the proposals by one of the 
following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: 1018-AW31, Division of Policy and Directives Management, U.S. 
Fish and Wildlife Service, 4401 N. Fairfax Drive, Suite 222, Arlington, 
VA 22203.
    We will not accept e-mail or faxes. We will post all comments on 
https://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments section 
below for more information).

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

SUPPLEMENTARY INFORMATION: In the April 10, 2009, Federal Register (74 
FR 16339), we requested proposals from Indian Tribes wishing to 
establish special migratory bird hunting regulations for the 2009-10 
hunting season, under the guidelines described in the June 4, 1985, 
Federal Register (50 FR 23467). In this supplemental proposed rule, we 
propose special migratory bird hunting regulations for 29 Indian 
Tribes, based on the input we received in response to the April 10, 
2009, proposed rule. As described in that proposed rule, the 
promulgation of annual migratory bird hunting regulations involves a 
series of rulemaking actions each year. This proposed rule is part of 
that series.
    We developed the guidelines for establishing special migratory bird 
hunting regulations for Indian Tribes in response to Tribal requests 
for recognition of their reserved hunting rights and, for some Tribes, 
recognition of their authority to regulate hunting by both Tribal and 
nontribal hunters on their reservations. The guidelines include 
possibilities for:
    (1) On-reservation hunting by both Tribal and nontribal hunters, 
with hunting by nontribal hunters on some reservations to take place 
within Federal frameworks but on dates different from those selected by 
the surrounding State(s);
    (2) On-reservation hunting by Tribal members only, outside of the 
usual Federal frameworks for season dates and length, and for daily bag 
and possession limits; and
    (3) Off-reservation hunting by Tribal members on ceded lands, 
outside of usual framework dates and season length, with some added 
flexibility in daily bag and possession limits.
    In all cases, the regulations established under the guidelines must 
be consistent with the March 10 to September 1 closed season mandated 
by the 1916 Convention between the United States and Great Britain (for 
Canada) for the Protection of Migratory Birds (Treaty). The guidelines 
apply to those Tribes having recognized reserved hunting rights on 
Federal Indian reservations (including off-reservation trust lands) and 
on ceded lands. They also apply to establishing migratory bird hunting 
regulations for nontribal hunters on all lands within the exterior 
boundaries of reservations where Tribes have full wildlife management 
authority over such hunting or where the Tribes and affected States 
otherwise have reached agreement over hunting by nontribal hunters on 
lands owned by non-Indians within the reservation.
    Tribes usually have the authority to regulate migratory bird 
hunting by nonmembers on Indian-owned reservation lands, subject to 
Service approval. The question of jurisdiction is more complex on 
reservations that include lands owned by non-Indians, especially when 
the surrounding States have established or intend to establish 
regulations governing hunting by non-Indians on these lands. In such 
cases, we encourage the Tribes and States to reach agreement on 
regulations that would apply throughout the reservations. When 
appropriate, we will consult with a Tribe and State with the aim of 
facilitating an accord. We also will consult jointly with Tribal and 
State officials in the affected States where Tribes wish to establish 
special hunting regulations for Tribal members on ceded lands. Because 
of past questions regarding interpretation of what events trigger the 
consultation process, as well as who initiates it, we provide the 
following clarification. We routinely provide copies of Federal 
Register publications pertaining to migratory bird management to all 
State Directors, Tribes, and other interested parties. It is the 
responsibility of the States, Tribes, and others to notify us of any 
concern regarding any feature(s) of any regulations. When we receive 
such notification, we will initiate consultation.
    Our guidelines provide for the continued harvest of waterfowl and 
other migratory game birds by Tribal members on reservations where such 
harvest has been a customary practice. We do not oppose this harvest, 
provided it does not take place during the closed season defined by the 
Treaty, and does not adversely affect the status of the migratory bird 
resource. Before developing the guidelines, we reviewed available 
information on the current status of migratory bird populations, 
reviewed the current status of migratory bird hunting on Federal Indian 
reservations, and evaluated the potential impact of such guidelines on 
migratory birds. We concluded that the impact of migratory bird harvest 
by Tribal members hunting on their reservations is minimal.
    One area of interest in Indian migratory bird hunting regulations 
relates to hunting seasons for nontribal hunters on dates that are 
within Federal frameworks, but which are different from those 
established by the State(s)

[[Page 40139]]

where the reservation is located. A large influx of nontribal hunters 
onto a reservation at a time when the season is closed in the 
surrounding State(s) could result in adverse population impacts on one 
or more migratory bird species. The guidelines make this unlikely, 
however, because Tribal proposals must include: (a) Harvest anticipated 
under the requested regulations; (b) methods that will be employed to 
measure or monitor harvest (such as bag checks, mail questionnaires, 
etc.); (c) steps that will be taken to limit level of harvest, where it 
could be shown that failure to limit such harvest would adversely 
impact the migratory bird resource; and (d) Tribal capabilities to 
establish and enforce migratory bird hunting regulations. We may modify 
regulations or establish experimental special hunts, after evaluation 
and confirmation of harvest information obtained by the Tribes.
    We believe the guidelines provide appropriate opportunity to 
accommodate the reserved hunting rights and management authority of 
Indian Tribes while ensuring that the migratory bird resource receives 
necessary protection. The conservation of this important international 
resource is paramount. The guidelines should not be viewed as 
inflexible. In this regard, we note that they have been employed 
successfully since 1985. We believe they have been tested adequately 
and, therefore, we made them final beginning with the 1988-89 hunting 
season. We should stress here, however, that use of the guidelines is 
not mandatory and no action is required if a Tribe wishes to observe 
the hunting regulations established by the State(s) in which the 
reservation is located.

Service Migratory Bird Regulations Committee Meetings

    Participants at the June 24-25, 2009, meetings reviewed information 
on the current status of migratory shore and upland game birds and 
developed 2009-10 migratory game bird regulation recommendations for 
these species plus regulations for migratory game birds in Alaska, 
Puerto Rico, and the U.S. Virgin Islands; special September waterfowl 
seasons in designated States; special sea duck seasons in the Atlantic 
Flyway; and extended falconry seasons. In addition, we reviewed and 
discussed preliminary information on the status of waterfowl. 
Participants at the previously announced July 29-30, 2009, meetings 
reviewed information on the current status of waterfowl and developed 
recommendations for the 2009-10 regulations pertaining to regular 
waterfowl seasons and other species and seasons not previously 
discussed at the early-season meetings. In accordance with Department 
of the Interior policy, these meetings were open to public observation 
and you may submit comments to the Service as discussed in the Public 
Comments section below.

Population Status and Harvest

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

Waterfowl Breeding and Habitat Survey

    Federal, provincial, and State agencies conduct surveys each spring 
to estimate the size of breeding populations and to evaluate the 
conditions of the habitats. These surveys are conducted using fixed-
wing aircraft, helicopters, and ground crews and encompass principal 
breeding areas of North America, covering an area over 2.0 million 
square miles. The traditional survey area comprises Alaska, Canada, and 
the northcentral United States, and includes approximately 1.3 million 
square miles. The eastern survey area includes parts of Ontario, 
Quebec, Labrador, Newfoundland, Nova Scotia, Prince Edward Island, New 
Brunswick, New York, and Maine, an area of approximately 0.7 million 
square miles.
    Overall, habitat conditions were characterized as near normal for 
most of the traditional survey area during the 2009 Waterfowl Breeding 
Population and Habitat Survey, with greatly improved wetlands 
conditions in portions of the prairies. Adequate moisture and good 
habitat conditions characterized much of the eastern survey area. The 
northernmost survey areas in both the traditional and eastern survey 
areas experienced an extremely late spring.
Traditional Survey Area (U.S. and Canadian Prairies)
    Major improvements in wetlands conditions occurred across much of 
the traditional survey area in 2009. The prairie pothole region of 
southern Manitoba, most of the Dakotas and eastern Montana benefitted 
primarily from above average fall and winter precipitation. These areas 
were classified as good to excellent, with mostly fair habitat 
conditions confined to west-central Montana and southeastern South 
Dakota. Above average precipitation improved wetlands conditions in the 
southern grasslands of Saskatchewan but the habitats along the Alberta 
and Saskatchewan border are suffering under drought conditions.
    The parklands continued to receive below normal precipitation in 
2009. Fortunately, habitat conditions remain classified as fair to good 
because of the holdover water that resulted during the extremely wet 
year in 2007.
Bush (Alaska, Northern Manitoba, Northern Saskatchewan, Northwest 
Territories, Yukon Territory, Western Ontario)
    In the boreal forest, spring breakup was extremely late over most 
of the survey area in 2009. Most large lakes remained frozen into early 
June. Many smaller wetland habitats, such as beaver ponds, were open 
during the survey and those in northern Alberta and into the Northwest 
Territories were rated as good. Habitat conditions were drier across 
northern Saskatchewan and Manitoba but improved nearer to Hudson Bay. 
The majority of Alaska was rated as good.
Eastern Survey Area
    From Maine through most of the Maritimes, an above average snowfall 
was experienced and average spring temperatures were recorded, 
resulting in fully charged wetlands with little flooding, which is in 
contrast to flooding in 2008. Despite below average snowfall and winter 
temperatures for Newfoundland and Labrador, habitat conditions are 
rated as fair to excellent, with poorer conditions found at higher 
elevation habitat. Through New York and much of Quebec and Ontario, 
generally good to excellent waterfowl habitat exists but a series of 
major storms during mid-May in southwest Ontario could hamper 
production because of flooding. The Nickel and Clay belts of east-
central Ontario and points farther west were supporting good habitat at 
the time of the survey following average winter and spring 
precipitation. Good habitat conditions remained moving farther north 
but deteriorated approaching the James and Hudson Bay lowlands due to 
deep snows and a very late spring, while lowland habitats on the Quebec 
side were much drier than normal.

Status of Teal

    The estimate of blue-winged teal numbers from the Traditional 
Survey Area is 7.4 million. This represents an

[[Page 40140]]

11.0 percent increase from 2008 and is 60 percent above the 1955-2008 
average.

Sandhill Cranes

    Compared to increases recorded in the 1970s, annual indices to 
abundance of the Mid-Continent Population (MCP) of sandhill cranes have 
been relatively stable since the early 1980s. The Central Platte River 
Valley, Nebraska, spring index for 2009, uncorrected for visibility 
bias, was 460,000 sandhill cranes. The photo-corrected, 3-year average 
for 2006-08 was 382,271, which is within the established population-
objective range of 349,000-472,000 cranes.
    All Central Flyway States, except Nebraska, allowed crane hunting 
in portions of their States during 2008-09. An estimated 10,293 hunters 
participated in these seasons, which was similar to the number that 
participated in the previous season. Hunters harvested a record-high 
22,989 MCP cranes in the U.S. portion of the Central Flyway during the 
2008-09 seasons, which was 24 percent higher than the estimated harvest 
for the previous year. The retrieved harvest of MCP cranes in hunt 
areas outside of the Central Flyway (Arizona, Pacific Flyway portion of 
New Mexico, Alaska, Canada, and Mexico combined) was 15,024 during 
2008-09. The preliminary estimate for the North American MCP sport 
harvest, including crippling losses, was 42,536 birds, which was a 
record high and is 7 percent higher than the previous year's estimate. 
The long-term (1982-2004) trends for the MCP indicate that harvest has 
been increasing at a higher rate than population growth.
    The fall 2008 pre-migration survey for the Rocky Mountain 
Population (RMP) resulted in a count of 21,156 cranes. The 3-year 
average for 2005, 2007, and 2008 (no survey was conducted in 2006) was 
21,614 sandhill cranes, which is above the established population 
objective of 17,000-21,000 for the RMP. Hunting seasons during 2008-09 
in portions of Arizona, Idaho, Montana, New Mexico, Utah, and Wyoming 
resulted in a record-high harvest of 936 RMP cranes, a 14 percent 
increase from the harvest of 820 in 2007-08. The Lower Colorado River 
Valley Population (LCRVP) survey results indicate an increase from 
1,900 birds in 1998 to 2,401 birds in 2009. The 3-year average of 2,981 
LCRVP cranes is based on counts from 2006, 2007 and 2009 (survey was 
not complete in 2008) and is above the population objective of 2,500.

Woodcock

    Singing-ground and Wing-collection Surveys were conducted to assess 
the population status of the American woodcock (Scolopax minor). The 
Singing-ground Survey is intended to measure long-term changes in 
woodcock population levels. Singing-ground Survey data for 2009 
indicate that the number of displaying woodcock in the Eastern and 
Central Management Regions was unchanged from 2008. There was no 
significant 10-year trend in woodcock heard in both management regions 
during 1999-2009. This represents the sixth consecutive year that the 
10-year trend estimate for the Eastern Region did not indicate a 
significant decline. The 10-year trend in the Central Region returned 
to stability after showing a significant decline last year. There were 
long-term (1968-2009) declines of 1.1 percent per year in both 
management regions.
    Wing-collection Survey data indicate that the 2008 recruitment 
index for the U.S. portion of the Eastern Region (1.8 immatures per 
adult female) was 11 percent higher than the 2007 index, and 8 percent 
higher than the long-term average. The recruitment index for the U.S. 
portion of the Central Region (1.6 immatures per adult female) was 6 
percent higher than the 2007 index and 1 percent below the long-term 
average.

Band-tailed Pigeons and Doves

    Information on the abundance and harvest of band-tailed pigeons is 
collected annually in the western United States and British Columbia. 
Annual counts of Interior band-tailed pigeons seen and heard per route 
have not changed significantly since implementation of the Breeding 
Bird Survey (BBS) in 1966; however, they decreased significantly over 
the last 10 years. The 2008 harvest was estimated to be 4,700 birds. 
For Pacific Coast band-tailed pigeons, annual BBS counts of birds seen 
and heard per route have not changed significantly since 1966, but they 
have increased significantly over the last 10 years. According to the 
Pacific Coast Mineral Site Survey, annual counts of Pacific Coast band-
tailed pigeons seen at each mineral site have increased significantly 
since the survey was experimentally implemented in 2001, but counts 
over the last 5 years appear stable. The 2008 estimate of harvest was 
30,200 birds.
    The status report summarizes information on the abundance and 
harvest of mourning doves collected annually in the United States. The 
focus is on results from the Mourning Dove Call-count Survey, but also 
includes results from the BBS and Migratory Bird Harvest Information 
Program. According to the Call-count survey, over the most recent 10 
years (2000-09), there was no significant trend in doves heard for 
either the Eastern or Western Management Units while the Central Unit 
declined significantly. Over the 44-year period (1966-2009), there was 
no significant change in doves heard for the Eastern Unit while the 
Central and Western Units declined significantly. Based on the mean 
number of doves seen per route, however, there was no significant 
change for any of the three Management Units during the recent 10-year 
period. Over 44 years, there was no change in doves seen for the 
Eastern and Central Units while the Western Unit declined 
significantly. The preliminary 2008 harvest estimate for the United 
States was 17,402,400 doves. A banding program is underway to obtain 
current information in order to develop mourning dove population models 
for each Management Unit to provide guidance for improving our 
decision-making process with respect to harvest management.
    The two key States with a white-winged dove population are Arizona 
and Texas. California and New Mexico have much smaller populations.
    The Arizona Game and Fish Department (AGFD) has monitored white-
winged dove populations by means of a call-count survey to provide an 
annual index to population size. It runs concurrently with the 
Service's Mourning Dove Call-count Survey. The index peaked at 52.3 
mean number doves heard per route in 1968, but fell precipitously in 
the late 1970s. The index has stabilized to around 25 doves per route 
in the last few years; in 2009, the mean number of doves heard per 
route was 27.9. AGFD also monitors harvest. Harvest during the 15-day 
season (September 1-15) peaked in the late 1960s at approximately 
740,000 birds (1968 AGFD estimate) and has since stabilized at around 
100,000 birds; the preliminary 2008 Migratory Bird Harvest Information 
Program (HIP) estimate of harvest was 95,300 birds. In 2007, AGFD 
redesigned their dove harvest survey to sample only from hunters 
registered under HIP so that results from the AGFD survey would be 
comparable to those from HIP. The preliminary 2008 Arizona harvest 
estimate was 79,488.
    In Texas, white-winged doves continue to expand their breeding 
range. Nesting by whitewings has been recorded in most counties, except 
for the northeastern part of the State. Nesting is essentially confined 
to urban areas, but appears to be expanding to exurban areas. 
Concomitant with this range expansion has been a continuing increase in 
whitewing abundance. A new DISTANCE sampling protocol was

[[Page 40141]]

implemented for central and south Texas for 2007, and expanded in 2008 
so that coverage is almost Statewide. Once fully implemented, 
biologists should have the ability to obtain a good estimate of white-
winged dove abundance in Texas. While 2008 and 2009 data are not 
available at this time, 2007 surveys indicated an estimated abundance 
throughout surveyed areas (representing about 20 percent of the State) 
of about 2,300,000 whitewings. Total Statewide harvest has averaged 
about 2 million birds annually.
    The Texas Parks and Wildlife Department is working to improve 
management of white-winged doves in Texas in the following ways: (1) 
Expanding current surveys of spring populations to encompass areas 
throughout the State that now have breeding populations; (2) Completing 
the Tamaulipas-Texas White-winged Dove Strategic Plan so that there are 
consistent and comparable harvest management strategies, surveys, 
research, and data collection across the breeding range of the species; 
(3) Expanding operational banding in 2009 that was begun in 2007 to 
derive estimates of survival and harvest rates; (4) Implementing a 
wing-collection survey for recruitment rates in lieu of the feeding 
flight and production surveys; (5) Estimating probability of detection 
for more accurate estimates of breeding populations within urban 
environments; and (6) Evaluating and estimating reproductive success in 
urban areas to better estimate population increases.
    In California, BBS data (although imprecise due to a small sample 
size) indicate that there has been a significant increase in the 
population between 1968 and 2008. According to HIP surveys, the 
preliminary harvest estimate for 2008 was 83,300. In New Mexico, BBS 
data (very imprecise due to a small sample size) also showed a 
significant increase over the long term. In 2008, the estimated harvest 
was 49,100.
    White-tipped doves are believed to be maintaining a relatively 
stable population in the Lower Rio Grande Valley (LRGV) of Texas. 
DISTANCE sampling procedures in the LRGV include whitetips. However, 
until the sampling frame includes rural Rio Grande corridor habitats, 
not many whitetips will be reported. Sampling frame issues are expected 
to be resolved by next year. However, annual white-tipped dove harvest 
during the special season is only averaging 3,000-4,000 birds.

Hunting Season Proposals From Indian Tribes and Organizations

    For the 2009-10 hunting season, we received requests from 29 Tribes 
and Indian organizations. We actively solicit regulatory proposals from 
other Tribal groups that are interested in working cooperatively for 
the benefit of waterfowl and other migratory game birds. We encourage 
Tribes to work with us to develop agreements for management of 
migratory bird resources on Tribal lands.
    It should be noted that this proposed rule includes generalized 
regulations for both early- and late-season hunting. A final rule will 
be published in a late-August 2009 Federal Register that will include 
Tribal regulations for the early-hunting season. Early seasons 
generally begin around September 1 each year and most commonly include 
such species as American woodcock, sandhill cranes, mourning doves, and 
white-winged doves. Late seasons generally begin on or around September 
24 and most commonly include waterfowl species.
    In this current rulemaking, because of the compressed timeframe for 
establishing regulations for Indian Tribes and because final framework 
dates and other specific information are not available, the regulations 
for many Tribal hunting seasons are described in relation to the season 
dates, season length, and limits that will be permitted when final 
Federal frameworks are announced for early- and late-season 
regulations. For example, daily bag and possession limits for ducks on 
some areas are shown as the same as permitted in Pacific Flyway States 
under final Federal frameworks, and limits for geese will be shown as 
the same permitted by the State(s) in which the Tribal hunting area is 
located.
    The proposed frameworks for early-season regulations were published 
in the Federal Register on July 24, 2009 (74 FR 43290); early-season 
final frameworks will be published in late August. Proposed late-season 
frameworks for waterfowl and coots will be published in mid-August, and 
the final frameworks for the late seasons will be published in mid-
September. We will notify affected Tribes of season dates, bag limits, 
etc., as soon as final frameworks are established. As previously 
discussed, no action is required by Tribes wishing to observe migratory 
bird hunting regulations established by the State(s) where they are 
located. The proposed regulations for the 29 Tribes that have submitted 
proposals that meet the established criteria are shown below.

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

    The Colorado River Indian Reservation is located in Arizona and 
California. The Tribes own almost all lands on the reservation, and 
have full wildlife management authority.
    In their 2009-10 proposal, the Colorado River Indian Tribes 
requested split dove seasons. They propose that their early season 
begin September 1 and end September 15, 2009. Daily bag limits would be 
10 mourning or white-winged doves in the aggregate. The late season for 
doves is proposed to open November 14, 2009, and close December 28, 
2009. The daily bag limit would be 10 mourning doves. The possession 
limit would be twice the daily bag limit after the first day of the 
season. Shooting hours would be from one-half hour before sunrise to 
noon in the early season and until sunset in the late season. Other 
special Tribally set regulations would apply.
    The Tribes also propose duck hunting seasons. The season would open 
October 10, 2009, and run until January 24, 2010. The Tribes propose 
the same season dates for mergansers, coots, and common moorhens. The 
daily bag limit for ducks, including mergansers, would be seven, except 
that the daily bag limits could contain no more than two hen mallards, 
two redheads, two Mexican ducks, two goldeneye, three scaup, one 
pintail, and two cinnamon teal. The season on canvasback is closed. The 
possession limit would be twice the daily bag limit after the first day 
of the season. The daily bag and possession limit for coots and common 
moorhens would be 25, singly or in the aggregate.
    For geese, the Colorado River Indian Tribes propose a season of 
October 17, 2009, through January 24, 2010. The daily bag limit for 
geese would be three light geese and three dark geese. The possession 
limit would be six light geese and six dark geese after opening day.
    In 1996, the Tribes conducted a detailed assessment of dove 
hunting. Results showed approximately 16,100 mourning doves and 13,600 
white-winged doves were harvested by approximately 2,660 hunters who 
averaged 1.45 hunter-days. Field observations and permit sales indicate 
that fewer than 200 hunters participate in waterfowl seasons. Under the 
proposed regulations described here and, based upon past seasons, we 
and the Tribes estimate harvest will be similar.

[[Page 40142]]

    Hunters must have a valid Colorado River Indian Reservation hunting 
permit and a Federal Migratory Bird Stamp in their possession while 
hunting. Other special Tribally set regulations would apply. As in the 
past, the regulations would apply both to Tribal and nontribal hunters, 
and nontoxic shot is required for waterfowl hunting.
    We propose to approve the Colorado River Indian Tribes regulations 
for the 2009-10 hunting season, given the seasons dates fall within 
final flyway frameworks (applies to nontribal hunters only).

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

    For the past several years, the Confederated Salish and Kootenai 
Tribes and the State of Montana have entered into cooperative 
agreements for the regulation of hunting on the Flathead Indian 
Reservation. The State and the Tribes are currently operating under a 
cooperative agreement signed in 1990 that addresses fishing and hunting 
management and regulation issues of mutual concern. This agreement 
enables all hunters to utilize waterfowl hunting opportunities on the 
reservation.
    As in the past, Tribal regulations for nontribal hunters would be 
at least as restrictive as those established for the Pacific Flyway 
portion of Montana. Goose season dates would also be at least as 
restrictive as those established for the Pacific Flyway portion of 
Montana. Shooting hours for waterfowl hunting on the Flathead 
Reservation are sunrise to sunset. Steel shot or other Federally 
approved nontoxic shots are the only legal shotgun loads on the 
reservation for waterfowl or other game birds.
    For Tribal members, the Tribe proposes outside frameworks for ducks 
and geese of September 1, 2009, through March 9, 2010. Daily bag and 
possession limits were not proposed for Tribal members.
    The requested season dates and bag limits are similar to past 
regulations. Harvest levels are not expected to change significantly. 
Standardized check station data from the 1993-94 and 1994-95 hunting 
seasons indicated no significant changes in harvest levels and that the 
large majority of the harvest is by nontribal hunters.
    We propose to approve the Tribes' request for special migratory 
bird regulations for the 2009-10 hunting season.

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

    Since 1996, the Service and the Fond du Lac Band of Lake Superior 
Chippewa Indians have cooperated to establish special migratory bird 
hunting regulations for Tribal members. The Fond du Lac's May 19, 2009, 
proposal covers land set apart for the band under the Treaties of 1837 
and 1854 in northeast and east-central Minnesota.
    The band's proposal for 2009-10 is essentially the same as that 
approved last year except the Tribe has separate regulations for the 
1854 and 1837 ceded territories and reservation lands. The proposed 
2009-10 waterfowl hunting season regulations for Fond du Lac are as 
follows:
Ducks
A. 1854 and 1837 Ceded Territories
    Season Dates: Begin September 19 and end November 29, 2009.
    Daily Bag Limit: 18 ducks, including no more than 12 mallards (only 
3 of which may be hens), 3 black ducks, 6 scaup, 6 wood ducks, 6 
redheads, 3 pintails, and 3 canvasbacks.
B. Reservation
    Season Dates: Begin September 5 and end November 29, 2009.
    Daily Bag Limit: 12 ducks, including no more than 8 mallards (only 
2 of which may be hens), 2 black ducks, 4 scaup, 4 redheads, 2 
pintails, 4 wood ducks, and 2 canvasbacks.
Mergansers
A. 1854 and 1837 Ceded Territories
    Season Dates: Begin September 19 and end November 29, 2009.
    Daily Bag Limit: 15 mergansers, including no more than 6 hooded 
mergansers.
B. Reservation
    Season Dates: Begin September 5 and end November 29, 2009.
    Daily Bag Limit: 10 mergansers, including no more than 4 hooded 
mergansers.
Canada Geese
All Areas
    Season Dates: Begin September 1 and end November 29, 2009.
    Daily Bag Limit: 20 geese.
Coots and Common Moorhens (Common Gallinules)
A. 1854 and 1837 Ceded Territories
    Season Dates: Begin September 19 and end November 29, 2009.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.
B. Reservation
    Season Dates: Begin September 5 and end November 29, 2009.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.
Sora and Virginia Rails
A. 1854 and 1837 Ceded Territories
    Season Dates: Begin September 1 and end November 29, 2009.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate.
B. Reservation
    Season Dates: Begin September 1 and end December 2, 2009.
    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 29, 2009.
    Daily Bag Limit: Eight common snipe.
Woodcock
All Areas
    Season Dates: Begin September 1 and end November 29, 2009.
    Daily Bag Limit: Three woodcock.
Mourning Dove
All Areas
    Season Dates: Begin September 1 and end October 30, 2009.
    Daily Bag Limit: 30 mourning dove.
    The following general conditions apply:
    1. While hunting waterfowl, a Tribal member must carry on his/her 
person a valid Ceded Territory License.
    2. Shooting hours for migratory birds are one-half hour before 
sunrise to one-half hour after sunset.
    3. Except as otherwise noted, Tribal members will be required to 
comply with Tribal codes that will be no less restrictive than the 
provisions of Chapter 10 of the Model Off-Reservation Code. Except as 
modified by the Service rules adopted in response to this proposal, 
these amended regulations parallel Federal requirements in 50 CFR part 
20 as to hunting methods, transportation, sale, exportation, and other 
conditions generally applicable to migratory bird hunting.
    4. Band members in each zone will comply with State regulations 
providing for closed and restricted waterfowl hunting areas.
    5. There are no possession limits on any species, unless otherwise 
noted

[[Page 40143]]

above. For purposes of enforcing bag limits, all migratory birds in the 
possession or custody of band members on ceded lands will be considered 
to have been taken on those lands unless tagged by a Tribal or State 
conservation warden as having been taken on-reservation. All migratory 
birds that fall on reservation lands will not count as part of any off-
reservation bag or possession limit.
    The band anticipates harvest will be fewer than 500 ducks and 
geese.
    We propose to approve the request for special migratory bird 
hunting regulations for the Fond du Lac Band of Lake Superior Chippewa 
Indians.

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

    In the 1995-96 migratory bird seasons, the Grand Traverse Band of 
Ottawa and Chippewa Indians and the Service first cooperated to 
establish special regulations for waterfowl. The Grand Traverse Band is 
a self-governing, Federally recognized Tribe located on the west arm of 
Grand Traverse Bay in Leelanau County, Michigan. The Grand Traverse 
Band is a signatory Tribe of the Treaty of 1836. We have approved 
special regulations for Tribal members of the 1836 treaty's signatory 
Tribes on ceded lands in Michigan since the 1986-87 hunting season.
    For the 2009-10 season, the Tribe requests that the Tribal member 
duck season run from September 20, 2009, through January 18, 2010. A 
daily bag limit of 15 would include no more than 3 pintail, 2 
canvasback, 1 hooded merganser, 3 black ducks, 5 wood ducks, 3 
redheads, and 7 mallards (only 3 of which may be hens).
    For Canada and snow geese, the Tribe proposes a September 1 through 
November 30, 2009, and a January 1 through February 8, 2010, season. 
For white-fronted geese and brant, the Tribe proposes a September 20 
through November 30, 2009, season. The daily bag limit for Canada and 
snow geese would be 10 and the daily bag limit for white-fronted geese 
and including brant would be 5 birds. We further note that based on 
available data (of major goose migration routes), it is unlikely that 
any Canada geese from the Southern James Bay Population will be 
harvested by the Tribe.
    For woodcock, the Tribe proposes a September 1 through November 14, 
2009, season. The daily bag limit will not exceed five birds. For 
mourning doves, snipe, and rails, the Tribe proposes a September 1 
through November 14, 2009, season. The daily bag limit would be 10 per 
species.
    All other Federal regulations contained in 50 CFR part 20 would 
apply. The Tribe proposes to monitor harvest closely through game bag 
checks, patrols, and mail surveys. Harvest surveys from the 2006-07 
hunting season indicated that approximately 15 Tribal hunters harvested 
an estimated 112 ducks and 50 Canada geese.
    We propose to approve the Grand Traverse Band of Ottawa and 
Chippewa Indians requested 2009-10 special migratory bird hunting 
regulations.

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

    Since 1985, various bands of the Lake Superior Tribe of Chippewa 
Indians have exercised judicially recognized off-reservation hunting 
rights for migratory birds in Wisconsin. The specific regulations were 
established by the Service in consultation with the Wisconsin 
Department of Natural Resources and the Great Lakes Indian Fish and 
Wildlife Commission (GLIFWC, which represents the various bands). 
Beginning in 1986, a Tribal season on ceded lands in the western 
portion of the State's Upper Peninsula was developed in coordination 
with the Michigan Department of Natural Resources, and we have approved 
special regulations for Tribal members in both Michigan and Wisconsin 
since the 1986-87 hunting season. In 1987, the GLIFWC requested, and we 
approved, special regulations to permit Tribal members to hunt on ceded 
lands in Minnesota, as well as in Michigan and Wisconsin. The States of 
Michigan and Wisconsin originally concurred with the regulations, 
although Wisconsin has raised concerns in the past and Michigan now 
annually raises objections. Minnesota did not concur with the original 
regulations, stressing that the State would not recognize Chippewa 
Indian hunting rights in Minnesota's treaty area until a court with 
jurisdiction over the State acknowledges and defines the extent of 
these rights. We acknowledge all of the States' concerns, but point out 
that the U.S. Government has recognized the Indian hunting rights 
decided in the Lac Courte Oreilles v. State of Wisconsin (Voigt) case, 
and that acceptable hunting regulations have been negotiated 
successfully in both Michigan and Wisconsin even though the Voigt 
decision did not specifically address ceded land outside Wisconsin. We 
believe this is appropriate because the treaties in question cover 
ceded lands in Michigan (and Minnesota), as well as in Wisconsin.
    Consequently, in view of the above, we have approved special 
regulations since the 1987-88 hunting season on ceded lands in all 
three States. In fact, this recognition of the principle of reserved 
treaty rights for band members to hunt and fish was pivotal in our 
decision to approve a special 1991-92 season for the 1836 ceded area in 
Michigan.
    For 2009, the GLIFWC proposed off-reservation special migratory 
bird hunting regulations on behalf of the member Tribes of the Voigt 
Intertribal Task Force of the GLIFWC (for the 1837 and 1842 Treaty 
areas) and the Bay Mills Indian Community (for the 1836 Treaty area). 
Member Tribes of the Task Force are: The Bad River Band of the Lake 
Superior Tribe of Chippewa Indians, the Lac Courte Oreilles Band of 
Lake Superior Chippewa Indians, the Lac du Flambeau Band of Lake 
Superior Chippewa Indians, the Red Cliff Band of Lake Superior Chippewa 
Indians, the St. Croix Chippewa Indians of Wisconsin, the Sokaogon 
Chippewa Community (Mole Lake Band), all in Wisconsin; the Mille Lacs 
Band of Chippewa Indians in Minnesota; the Lac Vieux Desert Band of 
Chippewa Indians and the Keweenaw Bay Indian Community in Michigan.
    The GLIFWC 2009 proposal is generally similar to last year's 
regulations, except that it includes minor season date adjustment to 
the woodcock season to keep the opening day after Labor Day.
    GLIFWC is still completing a waterfowl harvest survey for the 2008 
season; however, the Tribe expects harvest would likely remain below 
5,000 ducks and 1,000 geese, which is similar to anticipated levels in 
previous years.
    Recent GLIFWC harvest surveys (1996-98, 2001, and 2004) indicate 
that Tribal off-reservation waterfowl harvest has averaged less than 
1,000 ducks and 120 geese annually. In the latest survey year (2004), 
an estimated 53 hunters took an estimated 421 trips and harvested 645 
ducks (1.5 ducks per trip) and 84 geese (0.2 geese per trip). Further, 
in the last 5 years of harvest surveys, only 1 hunter reported 
harvesting 20 ducks in a single day. Analysis of hunter survey data 
over the period in question (1996-2004) indicates a general downward 
trend in both harvest and hunter participation.
    The proposed 2009-10 waterfowl hunting season regulations for 
GLIFWC are as follows:

[[Page 40144]]

Ducks
A. Wisconsin and Minnesota 1837 and 1842 Treaty Areas
    Season Dates: Begin September 15 and end December 31, 2009.
    Daily Bag Limit: 30 ducks, including no more than 5 black ducks, 5 
pintails, and 5 canvasbacks.
B. Michigan 1836 Treaty Area
    Season Dates: Begin September 15 and end December 31, 2009.
    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, 2009.
    Daily Bag Limit: 10 mergansers.
Geese
All Ceded Areas
    Season Dates: Begin September 1 and end December 31, 2009. In 
addition, any portion of the ceded territory that is open to State-
licensed hunters for goose hunting outside of these dates will also be 
open concurrently for Tribal members.
    Daily Bag Limit: 20 geese in aggregate.
Other Migratory Birds
A. Coots and Common Moorhens (Common Gallinules)
    Season Dates: Begin September 15 and end December 31, 2009.
    Daily Bag Limit: 20 coots and common moorhens (common gallinules), 
singly or in the aggregate.
B. Sora and Virginia Rails
    Season Dates: Begin September 15 and end December 31, 2009.
    Daily Bag Limit: 20, singly or in the aggregate.
C. Common Snipe
    Season Dates: Begin September 15 and end December 31, 2009.
    Daily Bag Limit: 16 common snipe.
D. Woodcock
    Season Dates: Begin September 8 and end December 1, 2009.
    Daily Bag Limit: 10 woodcock.
E. Mourning Dove
1837 and 1842 Ceded Territories.
    Season Dates: Begin September 1 and end November 9, 2009.
    Daily Bag Limit: 15.
General Conditions
    A. All Tribal members will be required to obtain a valid Tribal 
waterfowl hunting permit.
    B. Except as otherwise noted, Tribal members will be required to 
comply with Tribal codes that will be no less restrictive than the 
model ceded territory conservation codes approved by Federal courts in 
the Lac Courte Oreilles v. State of Wisconsin (Voigt) and Mille Lacs 
Band v. State of Minnesota cases. Chapter 10 in each of these model 
codes regulates ceded territory migratory bird hunting. Both versions 
of Chapter 10 parallel Federal requirements as to hunting methods, 
transportation, sale, exportation and other conditions generally 
applicable to migratory bird hunting. They also automatically 
incorporate by reference the Federal migratory bird regulations adopted 
in response to this proposal.
    C. Particular regulations of note include:
    1. Nontoxic shot will be required for all off-reservation waterfowl 
hunting by Tribal members.
    2. Tribal members in each zone will comply with Tribal regulations 
providing for closed and restricted waterfowl hunting areas. These 
regulations generally incorporate the same restrictions contained in 
parallel State regulations.
    3. Possession limits for each species are double the daily bag 
limit, except on the opening day of the season, when the possession 
limit equals the daily bag limit, unless otherwise noted above. 
Possession limits are applicable only to transportation and do not 
include birds that are cleaned, dressed, and at a member's primary 
residence. For purposes of enforcing bag and possession limits, all 
migratory birds in the possession and custody of Tribal members on 
ceded lands will be considered to have been taken on those lands unless 
tagged by a Tribal or State conservation warden as taken on reservation 
lands. All migratory birds that fall on reservation lands will not 
count as part of any off-reservation bag or possession limit.
    4. The baiting restrictions included in the respective sections 
10.05(2)(h) of the model ceded territory conservation codes will be 
amended to include language which parallels that in place for nontribal 
members as published at 64 FR 29799, June 3, 1999.
    5. The shell limit restrictions included in the respective sections 
10.05(2)(b) of the model ceded territory conservation codes will be 
removed.
    6. Hunting hours shall be from a half hour before sunrise to 15 
minutes after sunset.
    D. Michigan--Duck Blinds and Decoys. Tribal members hunting in 
Michigan will comply with Tribal codes that contain provisions parallel 
to Michigan law regarding duck blinds and decoys.
    We propose to approve the GLIFWC regulations for the 2009-10 
hunting season.

(f) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New 
Mexico (Tribal Members and Nontribal Hunters)

    The Jicarilla Apache Tribe has had special migratory bird hunting 
regulations for Tribal members and nonmembers since the 1986-87 hunting 
season. The Tribe owns all lands on the reservation and has recognized 
full wildlife management authority. In general, the proposed seasons 
would be more conservative than allowed by the Federal frameworks of 
last season and by States in the Pacific Flyway.
    The Tribe proposed a 2009-10 waterfowl and Canada goose season 
beginning October 10, 2009, and a closing date of November 30, 2009. 
Daily bag and possession limits for waterfowl would be the same as 
Pacific Flyway States. The Tribe proposes a daily bag limit for Canada 
geese of two. Other regulations specific to the Pacific Flyway 
guidelines for New Mexico would be in effect.
    During the Jicarilla Game and Fish Department's 2008-09 season, 
estimated duck harvest was 548, which is within the historical harvest 
range. The species composition in the past has included mainly 
mallards, gadwall, wigeon, and teal. Northern pintail comprised 2 
percent of the total harvest in 2008. The estimated harvest of geese 
was 12 birds.
    The proposed regulations are essentially the same as were 
established last year. The Tribe anticipates the maximum 2009-10 
waterfowl harvest would be around 550-600 ducks and 25-30 geese.
    We propose to approve the Tribe's requested 2009-10 hunting 
seasons.

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

    The Kalispel Reservation was established by Executive Order in 
1914, and currently comprises approximately 4,600 acres. The Tribe owns 
all Reservation land and has full management authority. The Kalispel 
Tribe has a fully developed wildlife program with hunting and fishing 
codes. The Tribe enjoys excellent wildlife management relations with 
the State. The Tribe and the State have an operational Memorandum of 
Understanding with emphasis on fisheries but also for wildlife.
    The nontribal member seasons described below pertain to a 176-acre 
waterfowl management unit and 800

[[Page 40145]]

acres of reservation land with a guide for waterfowl hunting. The Tribe 
is utilizing this opportunity to rehabilitate an area that needs 
protection because of past land use practices, as well as to provide 
additional waterfowl hunting in the area. Beginning in 1996, the 
requested regulations also included a proposal for Kalispel-member-only 
migratory bird hunting on Kalispel-ceded lands within Washington, 
Montana, and Idaho.
    For the 2009-10 migratory bird hunting seasons, the Kalispel Tribe 
proposed Tribal and nontribal member waterfowl seasons. The Tribe 
requests that both duck and goose seasons open at the earliest possible 
date and close on the latest date under Federal frameworks.
    For nontribal hunters on reservation, the Tribe requests the 
seasons open at the earliest possible date and remain open, for the 
maximum amount of open days. Specifically, the Tribe requests that the 
season for ducks begin September 18, 2009, and end January 31, 2010. In 
that period, nontribal hunters would be allowed to hunt approximately 
101 days. Hunters should obtain further information on specific hunt 
days from the Kalispel Tribe.
    The Tribe also requests the season for geese run from September 1 
to September 13, 2009, and from October 2, 2009, to January 31, 2010. 
Total number of days should not exceed 107. Nontribal hunters should 
obtain further information on specific hunt days from the Tribe. Daily 
bag and possession limits would be the same as those for the State of 
Washington.
    The Tribe reports a 2007-08 nontribal harvest of 55 ducks. Under 
the proposal, the Tribe expects harvest to be similar to last year and 
less than 100 geese and 200 ducks.
    All other State and Federal regulations contained in 50 CFR part 
20, such as use of nontoxic shot and possession of a signed migratory 
bird hunting stamp, would be required.
    For Tribal members on Kalispel-ceded lands, the Kalispel propose 
season dates consistent with Federal flyway frameworks. Specifically, 
the Tribe requests outside frameworks for ducks of October 1, 2009, 
through January 31, 2010, and geese of September 1, 2009, through 
January 31, 2010. The Tribe requests that both duck and goose seasons 
open at the earliest possible date and close on the latest date under 
Federal frameworks. During that period, the Tribe proposes that the 
season run continuously. Daily bag and possession limits would be 
concurrent with the Federal rule.
    The Tribe reports that there was no Tribal harvest. Under the 
proposal, the Tribe expects harvest to be less than 200 birds for the 
season with less than 100 geese. Tribal members would be required to 
possess a signed Federal migratory bird stamp and a Tribal ceded lands 
permit.
    We propose to approve the regulations requested by the Kalispel 
Tribe, provided that the nontribal seasons conform to Treaty 
limitations and final Federal frameworks for the Pacific Flyway.

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

    The Klamath Tribe currently has no reservation, per se. However, 
the Klamath Tribe has reserved hunting, fishing, and gathering rights 
within its former reservation boundary. This area of former 
reservation, granted to the Klamaths by the Treaty of 1864, is over 1 
million acres. Tribal natural resource management authority is derived 
from the Treaty of 1864, and carried out cooperatively under the 
judicially enforced Consent Decree of 1981. The parties to this Consent 
Decree are the Federal Government, the State of Oregon, and the 
Klamaths. The Klamath Indian Game Commission sets the seasons. The 
Tribal biological staff and Tribal Regulatory Enforcement Officers 
monitor Tribal harvest by frequent bag checks and hunter interviews.
    For the 2009-10 season, the Tribe requests proposed season dates of 
October 1, 2009, through January 31, 2010. Daily bag limits would be 9 
for ducks, 9 for geese, and 25 for coot, with possession limits twice 
the daily bag limit. Shooting hours would be one-half hour before 
sunrise to one-half hour after sunset. Steel shot is required.
    Based on the number of birds produced in the Klamath Basin, this 
year's harvest would be similar to last year's. Information on Tribal 
harvest suggests that more than 70 percent of the annual goose harvest 
is local birds produced in the Klamath Basin.
    We propose to approve the Klamath Tribe's requested 2009-10 special 
migratory bird hunting regulations.

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

    The Leech Lake Band of Ojibwe is a Federally recognized Tribe 
located in Cass Lake, Minnesota. The reservation employs conservation 
officers to enforce conservation regulations. The Service and the Tribe 
have cooperatively established migratory bird hunting regulations since 
2000.
    For the 2009-10 season, the Tribe requests a duck season starting 
on September 19 and ending December 31, 2009, and a goose season to run 
from September 1 through December 31, 2009. Daily bag limits for both 
ducks and geese would be 10. Possession limits would be twice the daily 
bag limit. Shooting hours are one-half hour before sunrise to one-half 
hour after sunset.
    The annual harvest by Tribal members on the Leech Lake Reservation 
is estimated at 500-1,000 birds.
    We propose to approve the Leech Lake Band of Ojibwe's special 
migratory bird hunting season.

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

    The Little River Band of Ottawa Indians is a self-governing, 
Federally recognized Tribe located in Manistee, Michigan, and a 
signatory Tribe of the Treaty of 1836. We have approved special 
regulations for Tribal members of the 1836 treaty's signatory Tribes on 
ceded lands in Michigan since the 1986-87 hunting season. Ceded lands 
are located in Lake, Mason, Manistee, and Wexford Counties. The Band 
proposes the following regulations to govern the hunting of migratory 
birds by Tribal members within the 1836 Ceded Territory as well as on 
the Band's Reservation.
    For the 2009-10 season, we assume the Little River Band of Ottawa 
Indians would propose a duck and merganser season from September 15, 
2009, through January 20, 2010. A daily bag limit of 12 ducks would 
include no more than 2 pintail, 2 canvasback, 3 black duck, 3 wood 
ducks, 3 redheads, 6 mallards (only 2 of which may be a hen), and 1 
hooded merganser. Possession limits would be twice the daily bag limit.
    For white-fronted geese, snow geese, and brant, the Tribe usually 
proposes a September 20 through November 30, 2009, season. Daily bag 
limits would be five geese.
    For Canada geese only, the Tribe usually proposes a September 1, 
2009, through February 8, 2010, season with a daily bag limit of five 
Canada geese. The possession limit would be twice the daily bag limit.
    For snipe, woodcock, rails, and mourning doves, the Tribe usually 
proposes a September 1 to November 14, 2009, season. The daily bag 
limit would be 10 common snipe, 5 woodcock, 10 rails, and 10 mourning 
doves. Possession limits for all species would be twice the daily bag 
limit.
    The Tribe monitored harvest through mail surveys. General 
Conditions were as follows:

[[Page 40146]]

    A. All Tribal members will be required to obtain a valid Tribal 
resource card and 2009-10 hunting license.
    B. Except as modified by the Service rules adopted in response to 
this proposal, these amended regulations parallel all Federal 
regulations contained in 50 CFR part 20.
    C. Particular regulations of note include:
    (1) Nontoxic shot will be required for all waterfowl hunting by 
Tribal members.
    (2) Tribal members in each zone will comply with Tribal regulations 
providing for closed and restricted waterfowl hunting areas. These 
regulations generally incorporate the same restrictions contained in 
parallel State regulations.
    D. Tribal members hunting in Michigan will comply with Tribal codes 
that contain provisions parallel to Michigan law regarding duck blinds 
and decoys.
    We plan to approve Little River Band of Ottawa Indians' special 
migratory bird hunting seasons upon receipt of their proposal based on 
the provisions described above.

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

    The Little Traverse Bay Bands of Odawa Indians is a self-governing, 
Federally recognized Tribe located in Petoskey, Michigan, and a 
signatory Tribe of the Treaty of 1836. We have approved special 
regulations for Tribal members of the 1836 treaty's signatory Tribes on 
ceded lands in Michigan since the 1986-87 hunting season.
    For the 2009-10 season, the Little Traverse Bay Bands of Odawa 
Indians propose regulations similar to those of other Tribes in the 
1836 treaty area. The Tribal member duck, merganser, coot, and 
gallinule season would run from September 15, 2009, through December 
31, 2009. A daily bag limit of 20 would include no more than 5 pintail, 
5 canvasback, 5 hooded merganser, 5 black ducks, 5 wood ducks, and 5 
redheads.
    For Canada geese, the Tribe proposes a September 1, 2009, through 
February 8, 2010, season. The daily bag limit for Canada geese would be 
20 birds. We further note that based on available data (of major goose 
migration routes), it is unlikely that any Canada geese from the 
Southern James Bay Population would be harvested by the Tribe. 
Possession limits are twice the daily bag limit.
    For woodcock, the Tribe proposes a September 1, 2009, to December 
1, 2009, season. The daily bag limit will not exceed 10 birds. For 
snipe the Tribe proposes a September 1 to December 31, 2009, season. 
The daily bag limit will not exceed 16 birds per species. For mourning 
doves, the Tribe proposes a September 1 to November 9, 2009, season. 
The daily bag limit will not exceed 15 birds per species. For Virginia 
and sora rail, the Tribe proposes a September 1 to December 31, 2009, 
season. The daily bag limit will not exceed 20 birds per species. For 
coots and gallinules, the Tribe proposes a September 1 to December 31, 
2009, season. The daily bag limit will not exceed 20 birds per species. 
The possession limit will not exceed two days' bag limit for all birds.
    All other Federal regulations contained in 50 CFR part 20 would 
apply.
    The Tribe proposes to monitor harvest closely through game bag 
checks, patrols, and mail surveys. In particular, the Tribe proposes 
monitoring the harvest of Southern James Bay Canada geese to assess any 
impacts of Tribal hunting on the population.
    We propose to approve the Little Traverse Bay Bands of Odawa 
Indians' requested 2009-10 special migratory bird hunting regulations.

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

    The Lower Brule Sioux Tribe first established Tribal migratory bird 
hunting regulations for the Lower Brule Reservation in 1994. The Lower 
Brule Reservation is about 214,000 acres in size and is located on and 
adjacent to the Missouri River, south of Pierre. Land ownership on the 
reservation is mixed, and until recently, the Lower Brule Tribe had 
full management authority over fish and wildlife via an MOA with the 
State of South Dakota. The MOA provided the Tribe jurisdiction over 
fish and wildlife on reservation lands, including deeded and Corps of 
Engineers-taken lands. For the 2009-10 season, the two parties have 
come to an agreement that provides the public a clear understanding of 
the Lower Brule Sioux Wildlife Department license requirements and 
hunting season regulations. The Lower Brule Reservation waterfowl 
season is open to Tribal and nontribal hunters.
    For the 2009-10 migratory bird hunting season, the Lower Brule 
Sioux Tribe proposes a nontribal member duck, merganser, and coot 
season length of 97 days, or the maximum number of days allowed by 
Federal frameworks in the High Plains Management Unit for this season. 
The Tribe proposes a season from October 10, 2009, through January 14, 
2010. The daily bag limit would be five birds, including no more than 
five mallards (only one of which may be a hen), one pintail, two 
redheads, one canvasback, two wood ducks, two scaup, and one mottled 
duck. The daily bag limit for mergansers would be five, only one of 
which could be a hooded merganser. The daily bag limit for coots would 
be 15. Possession limits would be twice the daily bag limits.
    The Tribe's proposed nontribal member Canada goose season would run 
from October 24, 2009, through February 7, 2010 (107-day season 
length), with a daily bag limit of three Canada geese. The Tribe's 
proposed nontribal member white-fronted goose season would run from 
October 10, 2009, through December 20, 2009, with a daily bag limit of 
two white-fronted geese. The Tribe's proposed nontribal member light 
goose season would run from October 10, 2009, through January 10, 2010, 
and February 26 through March 10, 2010. The light goose daily bag limit 
would be 20. Possession limits would be twice the daily bag limits.
    For Tribal members, the Lower Brule Sioux Tribe proposes a duck, 
merganser, and coot season from September 19, 2009, through March 10, 
2010. The daily bag limit would be five birds, including no more than 
five mallards (only one of which may be a hen), one pintail, two 
redheads, one canvasback, two wood ducks, two scaup, and one mottled 
duck. The daily bag limit for mergansers would be five, only two of 
which could be hooded mergansers. The daily bag limit for coots would 
be 15. Possession limits would be twice the daily bag limits.
    The Tribe's proposed Canada goose season for Tribal members would 
run from October 10, 2009, through March 10, 2010, with a daily bag 
limit of three Canada geese. The Tribe's proposed white-fronted goose 
Tribal season would run from October 3, 2009, through March 10, 2010, 
with a daily bag limit of two white-fronted geese. The Tribe's proposed 
light goose Tribal season would run from October 10, 2009, through 
March 10, 2010. The light goose daily bag limit would be 20. Possession 
limits would be twice the daily bag limits.
    In the 2007-08 season, hunters harvested an estimated 810 geese and 
550 ducks. In the 2007-08 season, duck harvest species composition was 
primarily mallard (88 percent), gadwall (5 percent), green-winged teal 
(3 percent), blue-winged teal (1 percent), and wigeon (2 percent).
    Goose harvest species composition in 2007-08 at Mni Sho Sho was 
approximately 96 percent Canada geese,

[[Page 40147]]

3 percent snow geese, and 1 percent white-fronted geese. Harvest of 
geese harvested by other hunters was approximately 97 percent Canada 
geese and 3 percent snow geese.
    The Tribe anticipates a duck harvest similar to those of the 
previous 3 years and a goose harvest below the target harvest level of 
3,000 to 4,000 geese. All basic Federal regulations contained in 50 CFR 
part 20, including the use of non-toxic shot, Migratory Waterfowl 
Hunting and Conservation Stamps, etc., would be observed by the Tribe's 
proposed regulations. In addition, the Lower Brule Sioux Tribe has an 
official Conservation Code that was established by Tribal Council 
Resolution in June 1982 and updated in 1996.
    We plan to approve the Tribe's requested regulations for the Lower 
Brule Reservation given the seasons dates fall within final Federal 
flyway frameworks (applies to nontribal hunters only).

(m) Lower Elwha Klallam Tribe, Port Angeles, Washington (Tribal Members 
Only)

    Since 1996, the Service and the Point No Point Treaty Tribes, of 
which Lower Elwha was one, have cooperated to establish special 
regulations for migratory bird hunting. The Tribes are now acting 
independently and the Lower Elwha Klallam Tribe would like to establish 
migratory bird hunting regulations for Tribal members for the 2009-10 
season. The Tribe has a reservation on the Olympic Peninsula in 
Washington State and is a successor to the signatories of the Treaty of 
Point No Point of 1855.
    For the 2009-10 season, the Lower Elwha Klallam Tribe requests a 
duck and coot season from September 19, 2009, to December 31, 2009. The 
daily bag limit will be seven ducks including no more than two hen 
mallards, one pintail,