Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2009-10 Early Season, 45343-45353 [E9-21168]
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Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Rules and Regulations
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(b) Application. This section applies
to the ten States that have had the most
highway-rail grade crossing collisions,
on average, during the calendar years
2006, 2007, and 2008. FRA will notify
these ten States prior to November 2,
2009.
(c) Action Plans. (1) The ten identified
States shall each develop a State
highway-rail grade crossing action plan
and submit such a plan to FRA for
review and approval not later than
November 2, 2010.
(2) A State highway-rail grade
crossing action plan shall:
(i) Identify specific solutions for
improving safety at crossings, including
highway-rail grade crossing closures or
grade separations;
(ii) Focus on crossings that have
experienced multiple accidents or are at
high risk for such accidents; and
(iii) Cover a five-year time period.
(d) Review and Approval. (1) State
highway-rail grade crossing action plans
required under paragraph (c) of this
section shall be submitted for FRA
review and approval using at least one
of the following methods: mail to the
Associate Administrator for Railroad
Safety/Chief Safety Officer, U.S.
Department of Transportation, Federal
Railroad Administration, 1200 New
Jersey Ave., SE., W12–140, Washington,
DC 20590; or e-mail to
rrs.correspondence@fra.dot.gov.
(2) FRA will review and approve or
disapprove a State highway-rail grade
crossing action plan submitted pursuant
to paragraph (d) of this section within
60 days of receipt.
(3) If the proposed State highway-rail
grade crossing action plan is
disapproved, FRA will notify the
affected State as to the specific areas in
which the proposed plan is deficient. A
State shall correct all deficiencies
within 30 days following receipt of
written notice from FRA.
(4) FRA may condition the awarding
of any grants under 49 U.S.C. 20158,
20167, or 22501 to an identified State on
the development of such State’s
highway-rail grade crossing action plan.
Issued in Washington, DC, on August 27,
2009.
Joseph C. Szabo,
Administrator, Federal Railroad
Administration.
[FR Doc. E9–21089 Filed 9–1–09; 8:45 am]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[FWS-R9-MB-2009-0124]
[91200-1231-9BPP-L2]
RIN 1018-AW31
Migratory Bird Hunting; Migratory Bird
Hunting Regulations on Certain
Federal Indian Reservations and
Ceded Lands for the 2009–10 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, 2009.
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, VA or at
https://www.regulations.gov.
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 11, 2009, Federal
Register (74 FR 40138), we proposed
special migratory bird hunting
regulations for the 2009–10 hunting
season for certain Indian tribes, under
the guidelines described in the June 4,
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1985, Federal Register (50 FR 23467).
The guidelines respond to tribal
requests for Service recognition of their
reserved hunting rights, and for some
tribes, recognition of their authority to
regulate hunting by both tribal members
and nonmembers on their reservations.
The guidelines include possibilities for:
(1) On-reservation hunting by both
tribal members and nonmembers, with
hunting by nontribal members on some
reservations to take place within Federal
frameworks but on dates different from
those selected by the surrounding
State(s);
(2) On-reservation hunting by tribal
members only, outside of usual Federal
frameworks for season dates and length,
and for daily bag and possession limits;
and
(3) Off-reservation hunting by tribal
members on ceded lands, outside of
usual framework dates and season
length, with some added flexibility in
daily bag and possession limits.
In all cases, the regulations
established under the guidelines must
be consistent with the March 10–
September 1 closed season mandated by
the 1916 Migratory Bird Treaty with
Canada.
In the April 10, 2009, Federal
Register (74 FR 16339), we requested
that tribes desiring special hunting
regulations in the 2009–10 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 doves. Late
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Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Rules and Regulations
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 street address indicated
under ADDRESSES or from our website
https://www.fws.gov/migratorybirds/
NewsPublicationsReports.html.
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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 2009
Waterfowl Breeding Population and
Habitat Survey were characterized by
above-average moisture across the
southern portions of the traditional
survey area, good habitat in the eastern
survey area, and late spring conditions
across northern survey areas. The total
pond estimate (prairie Canada and
United States combined) was 6.4 ± 0.2
million. This was 45 percent above last
year’s estimate of 4.4 ± 0.2 million
ponds and 31 percent above the longterm average of 4.9 ± 0.03 million
ponds. The 2009 estimate of ponds in
prairie Canada was 3.6 ± 0.1 million.
This was a 17 percent increase from last
year’s estimate (3.1 ± 0.1 million) and
was similar to the long-term average (3.4
± 0.03 million). The 2009 pond estimate
for the northcentral United States of 2.9
± 0.1 million was 108 percent above last
year’s estimate (1.4 ± 0.07 million) and
87 percent above 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
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total duck population estimate was 42.0
± 0.7 [SE] million birds. This estimate
represents a 13 percent increase over
last year’s estimate of 37.3 ± 0.6 million
birds and was 25 percent above the
long-term average (1955–2008).
Estimated mallard (Anas platyrhynchos)
abundance was 8.5 ± 0.2 million birds,
which was a 10 percent increase over
last year’s estimate of 7.7 ± 0.3 million
birds and 13 percent above the longterm average. Estimated abundance of
gadwall (A. strepera; 3.1 ± 0.2 million)
was similar to the 2008 estimate and 73
percent above the long-term average.
Estimated American wigeon abundance
(A. americana; 2.5 ± 0.1 million) was
similar to 2008 and the long-term
average. Estimated abundances of greenwinged teal (A. crecca; 3.4 ± 0.2 million)
and blue-winged teal (A. discors; 7.4 ±
0.4 million) were similar to last year’s
estimates and well above their long-term
averages (+79 percent and +60 percent,
respectively). Northern shovelers (A.
clypeata; 4.4 ± 0.2 million) were 25
percent above the 2008 estimate and
remain well above their long-term
average (+92 percent). The estimate for
northern pintails (A. acuta) was 3.2 ±
0.2 million, which was 23 percent above
the 2008 estimate of 2.6 ± 0.1 million,
and 20 percent below the long-term
average. Estimated abundance of
redheads (Aythya americana; 1.0 ± 0.1
million) was similar to last year and 62
percent above the long-term average.
The canvasback estimate (A. valisineria;
0.7 ± 0.06 million) was 35 percent above
the 2008 estimate (0.5 ± 0.05 million)
and similar to the long-term average.
The scaup estimate (A. affinis and A.
marila combined; 4.2 ± 0.2 million) was
similar to that of 2008 and 18 percent
below the long-term average of 5.1 ±
0.05 million.
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 (Bucephala albeola),
American black duck (Anas rubripes),
ring-necked duck (Aythya collaris),
mergansers (red-breasted [Mergus
serrator], common [M. merganser], and
hooded [Lophodytes cucullatus]), and
goldeneye (common [B. clangula] and
Barrow’s [B. islandica]) all were similar
to their 2008 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),
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Michigan, Minnesota, and Wisconsin,
and was estimated to be 10.3 ± 0.9
million in 2009. This was similar to the
2008 estimate of 9.2 ± 0.8 million.
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 2009,
temperatures were 1–5 degrees Celsius
colder than average throughout the
central region of subarctic and Arctic
Canada. In some locales harsh spring
conditions persisted into June. In areas
near Hudson Bay and the Queen Maud
Gulf, goose and swan nesting activities
were delayed by 1 to 3 weeks. In
contrast, nesting conditions were
favorable near Wrangel Island, Alaska’s
North Slope and eastern interior
regions, parts of the Canadian high
Arctic, and Newfoundland. Improved
wetland abundance in the Canadian and
U.S. prairies, and other temperate
regions, will likely improve the
production of Canada geese that nest at
southern latitudes. Primary abundance
indices decreased for 15 goose
populations and increased for 10 goose
populations in 2009 compared to 2008.
Primary abundance indices for both
populations of tundra swans increased
in 2009 from 2008 levels. The following
populations displayed significant
positive trends during the most recent
10–year period (P < 0.05): Mississippi
Flyway Giant, Aleutian, Atlantic, and
Eastern Prairie Canada geese; Greater,
Western Arctic/Wrangel Island, and
Western Central Flyway light 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 for 2009 is regionally
variable, but production for many
populations will be reduced this year
due to harsh spring conditions in much
of central Canada.
Waterfowl Harvest and Hunter Activity
National surveys of migratory bird
hunters were conducted during the 2007
and 2008 hunting seasons. About 1.2
million waterfowl hunters harvested
14,578,900 (±4%) ducks and 3,666,100
(±6%) geese in 2007, and harvested
13,635,700 (±4%) ducks and 3,792,600
(±5%) geese in 2008. Mallard, greenwinged teal, gadwall, wood duck (Aix
sponsa), and American wigeon were the
5 most-harvested duck species in the
United States, and Canada goose was
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the predominant goose species in the
goose harvest. Coot hunters (about
33,700 in 2007 and 31,100 in 2008)
harvested 198,300 (±29%) coots in 2007
and 275,900 (+43%) in 2008.
Comments and Issues Concerning
Tribal Proposals
For the 2009–10 migratory bird
hunting season, we proposed
regulations for 28 tribes and/or Indian
groups that followed the 1985
guidelines and were considered
appropriate for final rulemaking. Some
of the proposals submitted by the tribes
had both early- and late-season
elements. However, as noted earlier,
only those with early-season proposals
are included in this final rulemaking; 23
tribes have proposals with early
seasons. The comment period for the
proposed rule, published on August 11,
2009, closed on August 21, 2009.
Because of the necessary brief comment
period, we will respond to any
comments on the proposed rule and/or
these regulations postmarked by August
21, but not received prior to final action
by us, in the September late-season final
rule. At this time, we have not received
any comments.
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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 8814),’’ 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 street 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 detailed in a March
9, 2006, Federal Register (71 FR 12216).
A scoping report summarizing the
scoping comments and scoping
meetings is available by either writing to
the street address indicated under
ADDRESSES or by viewing on our website
at https://www.fws.gov/migratorybirds/.
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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 the
Section 7 Consultation on the Proposed
2009–10 Migratory Game Bird Hunting
Regulations (dated August 24, 2009).
The consultation concluded that the
2009-10 regulations are not likely to
jeopardize the continued existence of
either the whooping crane or Steller’s
eider. To prevent take of whooping
cranes, the Contingency Plan for
Federal-State Cooperative Protection of
whooping cranes provides a protective
program in thirteen States. In addition,
the State of Kansas will implement
specific restrictions to avoid accidental
shootings. To prevent take of Steller’s
eiders, the 2009–10 regulations include
the continued implementation of
measures initiated and outlined under
the 2009 Alaska migratory bird
subsistence regulations. These measures
include Service initiated conservation
measures that increase migratory bird
hunter outreach prior to the opening of
the hunting season, increased Service
enforcement of migratory bird
regulations, and conducting in-season
harvest verification of Steller’s eider
mortality and injury. Additionally, any
modifications resulting from this
consultation 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 street 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
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45345
under Executive Order 12866. OMB
bases its determination of regulatory
significance 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.
An Economic Analysis was prepared
for the 2008–09 season. This analysis
was based on data from the 2006
National Hunting and Fishing Survey,
the most recent year for which data are
available (see discussion in Regulatory
Flexibility Act section below). This
analysis estimates consumer surplus for
three alternatives for duck hunting
(estimates for other species are not
quantified due to lack of data). The
alternatives are (1) Issue restrictive
regulations allowing fewer days than
those issued during the 2007–08 season,
(2) Issues moderate regulations allowing
more days than those in alternative 1,
and (3) Issue liberal regulations
identical to the regulations in the 2007–
08 season. For the 2008–09 season, we
chose alternative 3, with an estimated
consumer surplus across all flyways of
$205–$270 million. For the upcoming
2009–10 season, we again considered
these three alternatives and again chose
alternative 3 for ducks. We made minor
modifications to the season frameworks
for some other species, but these do not
significantly change the economic
impacts of the rule, which were not
quantified for other species. For these
reasons, we have not conducted a new
Economic Analysis, but the 2008–09
analysis is part of the record for this rule
and is available at https://www.fws.gov/
migratorybirds/
NewReportsPublications/SpecialTopics/
SpecialTopics.html#HuntingRegs or at
https://www.regulations.gov.
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. This analysis was revised
annually from 1990–95. In 1995, the
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Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Rules and Regulations
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 written
request from the street address indicated
under ADDRESSES or from our website at
https://www.fws.gov/migratorybirds/
NewReportsPublications/SpecialTopics/
SpecialTopics.html#HuntingRegs or at
https://www.regulations.gov.
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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, it has an
annual effect on the economy of $100
million or more.
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
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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 it 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
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.
Government-to-Government
Relationship with Tribes
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 Federallyrecognized Indian tribes and have
determined that there are no effects on
Indian trust resources. However, in the
April 10 Federal Register, we solicited
proposals for special migratory bird
hunting regulations for certain Tribes on
Federal Indian reservations, offreservation trust lands, and ceded lands
for the 2009–10 migratory bird hunting
season. The resulting proposals were
contained in an August 11 proposed
rule (74 FR 40138). By virtue of these
actions, we have consulted with Tribes
affected by this rule.
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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.
Regulations Promulgation
The rulemaking process for migratory
game bird hunting must, by its nature,
operate under severe time constraints.
However, we intend that the public be
given the greatest possible opportunity
to comment. Thus, when the
preliminary proposed rulemaking was
published, we established what we
believed were the longest periods
possible for public comment. In doing
this, we recognized that when the
comment period closed, time would be
of the essence. That is, if there were a
delay in the effective date of these
regulations after this final rulemaking,
Tribes would have insufficient time to
select season dates and limits; to
communicate those selections to us; and
to establish and publicize the necessary
regulations and procedures to
implement their decisions. We find that
‘‘good cause’’ exists, within the terms of
5 U.S.C. 553(d)(3) of the Administrative
Procedure Act, and therefore, under
authority of the Migratory Bird Treaty
Act (July 3, 1918), as amended (16
U.S.C. 703–711), these regulations will
take effect immediately upon
publication.
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List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting
and recordkeeping requirements,
Transportation, Wildlife.
members. The season on harlequin duck
is closed.
Coots and Common Moorhens (Common
Gallinules):
Coots
1854 and 1837 Ceded Territories:
Season Dates: Same as ducks.
Daily Bag and Possession Limits:
Same as ducks.
Season Dates: Begin September 19
and end November 29, 2009.
Daily Bag Limit: 20 coots and
common moorhens, singly or in the
aggregate.
Accordingly, part 20, subchapter B,
chapter I of title 50 of the Code of
Federal Regulations is amended as
follows:
■
Geese
PART 20—[AMENDED]
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.)
2. Section 20.110 is revised to read as
follows:
■
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.
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:
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.
Reservation:
(c) Fond du Lac Band of Lake Superior
Chippewa Indians, Cloquet, Minnesota
(Tribal Members Only).
Season Dates: Begin September 1 and
end December 2, 2009.
Daily Bag Limit: 25 sora and Virginia
rails, singly or in the aggregate.
(a) Colorado River Indian Tribes, Parker,
Arizona (Tribal Members and Nontribal
Hunters).
Ducks:
Common Snipe: All Areas:
1854 and 1837 Ceded Territories:
Doves
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.
Season Dates: Begin September 1 and
end November 29, 2009.
Daily Bag Limit: Eight common snipe.
§ 20.110 Seasons, limits, and other
regulations for certain Federal Indian
reservations, Indian Territory, and ceded
lands.
Season Dates: Open September 1,
through September 15, 2009; then open
November 15, through December 29,
2009.
Daily Bag and Possession Limits: For
the early season, daily bag limit is 10
mourning or white-winged doves,
singly, or in the aggregate. For the late
season, the daily bag limit is 10
mourning doves. Possession limits are
twice the daily bag limits.
General Conditions: All persons 14
years and older must be in possession
of a valid Colorado River Indian
Reservation hunting permit before
taking any wildlife on tribal lands. Any
person transporting game birds off the
Colorado River Indian Reservation must
have a valid transport declaration form.
Other tribal regulations apply, and may
be obtained at the Fish and Game Office
in Parker, Arizona.
(b) Confederated Salish and Kootenai
Tribes, Flathead Indian Reservation,
Pablo, Montana (Tribal Hunters).
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Ducks (including mergansers)
Season Dates: Open September 1,
2009, through March 9, 2010.
Daily Bag and Possession Limits: The
Tribe does not have specific bag and
possession restrictions for Tribal
15:07 Sep 01, 2009
Jkt 217001
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:
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.
Reservation:
Tribal Members Only
VerDate Nov<24>2008
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.
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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.
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
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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).
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:
All seasons in Michigan, 1836 Treaty
Zone:
Ducks
Season Dates: Open September 20,
2009, through January 18, 2010.
Daily Bag Limit: 15 ducks, which may
include no more than 3 pintail, 3
canvasback, 3 black ducks, 1 hooded
merganser, 5 wood ducks, 3 redheads,
and 7 mallards (only 3 of which may be
hens).
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 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):
Canada and Snow Geese
Season Dates: Open September 1,
through November 30, 2009; and open
January 1, 2010, through February 8,
2010.
Daily Bag Limit: 10 geese.
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.
Other Geese (white-fronted geese and
brant)
Season Dates: Open September 20,
through November 30, 2009.
Daily Bag Limit: Five geese.
Season Dates: Begin September 15
and end December 31, 2009.
Daily Bag Limits: 20 Sora and Virginia
rails, singly or in the aggregate.
Possession Limit: 25.
Sora Rails, Common Snipe, and
Woodcock
Season Dates: Open September 1,
through November 14, 2009.
Daily Bag Limit: 10 rails, 10 snipe,
and 5 woodcock.
Common Snipe:
Season Dates: Begin September 15
and end December 31, 2009.
Daily Bag Limit: 16 common snipe.
Woodcock:
Mourning Doves
Season Dates: Open September 1,
through November 14, 2009.
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.
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).
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Ducks:
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.
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15:07 Sep 01, 2009
Jkt 217001
Sora and Virginia Rails:
Season Dates: Begin September 8 and
end December 1, 2009.
Daily Bag Limit: 10 woodcock.
Mourning Dove: 1837 and 1842 Ceded
Territories.
Season Dates: Begin September 1 and
end November 9, 2009.
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
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Fmt 4700
Sfmt 4700
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
contained in 50 CFR part 20.
3. Particular regulations of note
include:
i. Nontoxic shot is required for all offreservation waterfowl hunting by tribal
members.
ii. Tribal members in each zone shall
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,
through September 13, 2009, for the
early-season, and open October 2, 2009,
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through January 31, 2010, 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 (when the State’s season is open)
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,
2009, through January 31, 2010.
Daily Bag and Possession Limits: 7
ducks, including no more than 2 female
mallards, 2 pintail, 1 canvasback, 3
scaup, and 2 redheads. The possession
limit is twice the daily bag limit.
Geese
Season Dates: Open September 1,
2009, through January 31, 2010.
Daily Bag Limit: 6 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
Season Dates: Open September 19,
through December 31, 2009.
Daily Bag Limits: 10 ducks.
Geese
Season Dates: Open September 1,
through December 31, 2009.
Daily Bag Limits: 10 geese.
General: Possession limits are twice
the daily bag limits. Shooting hours are
one-half hour before sunrise to one-half
hour after sunset. Nontoxic shot is
required. Use of live decoys, bait, and
commercial use of migratory birds are
prohibited. Waterfowl may not be
pursued or taken while using motorized
craft.
erowe on DSK5CLS3C1PROD with RULES
(h) Little River Band of Ottawa Indians,
Manistee, Michigan (Tribal Members
Only).
Ducks
Season Dates: Open September 15,
2009, through January 20, 2010.
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,
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Jkt 217001
45349
and 6 mallards (only 3 of which may be
hens). The possession limit is twice the
daily bag limit.
5 wood ducks, 5 pintail, 5 hooded
merganser, and 5 canvasback.
Canada Geese
Season Dates: Open September 1,
2009, through December 31, 2009.
Daily Bag Limits: 20.
Season Dates: Open September 1,
2009, through February 8, 2010.
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, 2009.
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, 2009.
Daily Bag and Possession Limits: 10
doves, 10 rails, 10 snipe, and 5
woodcock. The possession limit is twice
the daily bag limit.
Coots and Gallinules
Canada Geese
Season Dates: Open September 1,
2009, through February 8, 2010.
Daily Bag Limit: 20.
White-fronted Geese, Snow Geese, and
Brant
Season Dates: Open September 1,
2009, through February 8, 2010.
Daily Bag Limit: 20 geese in aggregate.
Sora and Virginia Rails
Season Dates: Open September 1,
through December 31, 2009.
Daily Bag Limit: 20.
Snipe
Season Dates: Open September 15,
through December 31, 2009.
Daily Bag Limit: 16.
General:
Mourning Doves
1. All tribal members are required to
obtain a valid tribal resource card and
2009-10 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.
Season Dates: Open September 1,
through November 9, 2009.
Daily Bag Limit: 15.
(i) The Little Traverse Bay Bands of
Odawa Indians, Petoskey, Michigan
(Tribal Members Only).
(k) Lower Elwha Klallam Tribe, Port
Angeles, Washington (Tribal Members
Only).
Ducks
Ducks
Season Dates: Open September 15,
2009, through December 31, 2009.
Daily Bag Limits: 20 ducks, including
no more than 5 black ducks, 5 redheads,
Season Dates: Open September 19,
through December 31, 2009.
Daily Bag and Possession Limits:
Seven ducks, including no more than
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Sfmt 4700
Woodcock
Season Dates: Open September 5,
through December 1, 2009.
Daily Bag Limit: 10.
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,
2009, through March 10, 2010.
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.
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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 19,
through December 31, 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,
2009, through February 15, 2010.
Daily Bag and Possession Limits: Two
and four, respectively.
Coots
Season Dates: Open September 19,
through December 31, 2009.
Daily Bag and Possession Limits: 25
and 50 coots, respectively.
Mourning Doves
Season Dates: Open September 19,
through December 31, 2009.
Daily Bag and Possession Limits: 10
and 20 doves, respectively.
Snipe
Season Dates: Open September 19,
through December 31, 2009.
Daily Bag and Possession Limits: 8
and 16 snipe, respectively.
Band-tailed Pigeon
Season Dates: Open September 19,
through December 31, 2009.
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, 2009.
Daily Bag Limit: Two band-tailed
pigeons.
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Ducks and Coots
Season Dates: Open September 27,
2009, through January 25, 2010.
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.
VerDate Nov<24>2008
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Jkt 217001
Geese
Season Dates: Open September 27,
2009, through January 25, 2010.
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 apply. The
following restrictions also apply: (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; (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) Oneida Tribe of Indians of
Wisconsin, Oneida, Wisconsin (Tribal
Members Only).
Ducks (including mergansers)
Season Dates: Open September 19,
through November 20, 2009, and open
November 30, through December 6,
2009.
Daily Bag and Possession Limits: Six,
including no more than six mallards
(three hen mallards), six wood ducks,
one redhead, two pintail, and one
hooded merganser. The possession limit
is twice the daily bag limit.
Geese
Season Dates: Open September 1,
through November 20, 2009; and open
November 30, through December 30,
2009.
Daily Bag and Possession Limits: 5
and 10 Canada geese, respectively, from
September 1, through September 19,
2009; and 3 and 6 Canada geese,
respectively, the remainder of the
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Fmt 4700
Sfmt 4700
season. 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 5,
through November 8, 2009.
Daily Bag and Possession Limits: 5
and 10 woodcock, respectively.
Dove
Season Dates: Open September 1,
through November 8, 2009.
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.
(n) Point No Point Treaty Council,
Kingston, Washington (Tribal Members
Only).
Ducks
Season Dates: Open September 1,
2009, through March 10, 2010.
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 15,
2009, through March 10, 2010.
Daily Bag and Possession Limits: Four
geese, and may include no more than
three light geese. The seasons on
Aleutian and Cackling Canada geese are
closed. Possession limit is twice the
daily bag limit.
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45351
Brant
Season Dates: Open November 1,
2009, through March 10, 2010.
Daily Bag and Possession Limits: Two
and four, respectively.
Snipe
Snipe
Season Dates: Open September 15,
through December 31, 2009.
Daily Bag and Possession Limits: 16
and 32 snipe, respectively.
Season Dates: Open September 16,
2009, through February 28, 2010.
Daily Bag and Possession Limits: 8
and 16 snipe, respectively.
Coots
Season Dates: Open September 1,
2009, through March 10, 2010.
Daily Bag and Possession Limits: 25
and 50 coots, respectively.
Woodcock
Band-tailed Pigeon
Season Dates: Open September 2,
through December 1, 2009.
Daily Bag and Possession Limits: 10
and 20 woodcock, respectively.
Mourning Doves
Season Dates: Open September 1,
2009, through January 31, 2010.
Daily Bag and Possession Limits: 10
and 20 doves, respectively.
Sora and Virginia Rails
Season Dates: Open September 1,
through December 31, 2009.
Daily Bag and Possession Limits: 20
and 20 Sora and Virginia rails in the
aggregate, respectively.
General: Tribal members must possess
a tribal hunting permit from the Sault
Ste. Marie Tribe pursuant to tribal law.
Shooting hours are one-half hour before
sunrise until 15 minutes after sunset.
Hunters must observe all other basic
Federal migratory bird hunting
regulations in 50 CFR part 20.
Season Dates: Open September 16,
2009, through February 28, 2010.
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.
(q) Squaxin Island Tribe, Squaxin Island
Reservation, Shelton, Washington
(Tribal Members Only).
Snipe
Season Dates: Open September 1,
2009, through March 10, 2010.
Daily Bag and Possession Limits: 8
and 16 snipe, respectively.
Band-tailed Pigeon
Season Dates: Open September 1,
2009, through March 10, 2010.
Daily Bag and Possession Limits: 2
and 4 pigeons, respectively.
General: Tribal members must possess
a tribal hunting permit from the Point
No Point Tribal Council pursuant to
tribal law. Hunting hours are from onehalf hour before sunrise to sunset.
Hunters must observe all other basic
Federal migratory bird hunting
regulations in 50 CFR part 20.
(p) Skokomish Tribe, Shelton,
Washington (Tribal Members Only).
Ducks and Mergansers
Ducks
Season Dates: Open September 1,
2009, through January 15, 2010.
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.
Season Dates: Open September 16,
2009, through February 28, 2010.
Daily Bag and Possession Limits:
Seven ducks, including no more than
two hen mallards, one pintail, one
canvasback, one harlequin per season,
and two redheads. Possession limit is
twice the daily bag limit (except for
harlequin).
Geese
Ducks and Mergansers
Season Dates: Open September 15,
through December 31, 2009.
Daily Bag and Possession Limits: 20
ducks, including no more than 5 hen
mallards, 5 black ducks, 5 canvasback,
5 wood ducks, and 10 mergansers.
Possession limit is twice the daily bag
limit.
Geese
Brant
Season Dates: Open September 16,
2009, through February 28, 2010.
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 December 31, 2009.
Daily Bag and Possession Limits: Two
and four brant, respectively.
Geese
Season Dates: Open September 1,
through December 31, 2009.
Daily Bag and Possession Limits: 20
geese in the aggregate. Possession limit
is twice the daily bag limit.
Brant
Coots
Coots
Season Dates: Open September 1,
through December 31, 2009.
Daily Bag and Possession Limits: 20
and 40 coots, respectively.
Season Dates: Open September 16,
2009, through February 28, 2010.
Daily Bag and Possession Limits: 25
and 50 coots, respectively.
Mourning Doves
Mourning Doves
Season Dates: Open September 1,
through November 14, 2009.
Daily Bag and Possession Limits: 10
and 20 doves, respectively.
Season Dates: Open September 16,
2009, through February 28, 2010.
Daily Bag and Possession Limits: 10
and 20 doves, respectively.
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(o) Sault Ste. Marie Tribe of Chippewa
Indians, Sault Ste. Marie, Michigan
(Tribal Members Only).
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15:07 Sep 01, 2009
Jkt 217001
Season Dates: Open November 1,
2009, through February 15, 2010.
Daily Bag and Possession Limits: Two
and four brant, respectively.
PO 00000
Frm 00047
Fmt 4700
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Season Dates: Open September 15,
2009, through January 15, 2010.
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.
Coots
Season Dates: Open September 1,
2009, through January 15, 2010.
Daily Bag Limits: 25 coots.
Snipe
Season Dates: Open September 15,
2009, and through January 15, 2010.
Daily Bag and Possession Limits: 8
and 16 snipe, respectively.
Band-tailed Pigeons
Season Dates: Open September 1,
through December 31, 2009.
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
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02SER1
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Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Rules and Regulations
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.
(r) Spokane Tribe of Indians, Spokane
Indian Reservation, Wellpinit,
Washington (Tribal Members Only).
Ducks
Season Dates: Open September 1,
2009, through January 31, 2010.
Daily Bag and Possession Limits:
Seven ducks, including no more than
two hen mallards, two pintail, one
canvasback, three scaup, and two
redheads. Possession limit is twice the
daily bag limit.
Geese
Season Dates: Open September 1,
2009, through January 31, 2010.
Daily Bag and Possession Limits: Four
dark geese and six light geese.
Possession limit is twice the daily bag
limit.
(s) Tulalip Tribes, Tulalip, Washington
(Tribal Members Only).
Ducks
Season Dates: Open September 15,
2009, through February 28, 2010.
Daily Bag and Possession Limits:
Seven ducks, including no more than
two hen mallards, two pintail, one
canvasback, three scaup, and two
redheads. Possession limit is twice the
daily bag limit.
Geese
Season Dates: Open September 15,
2009, through February 28, 2010.
Daily Bag and Possession Limits:
Seven geese. Possession limit is twice
the daily bag limit.
Brant
Season Dates: Open September 15,
2009, through February 28, 2010.
Daily Bag and Possession Limits: Two
and four brant, respectively.
Coots
Season Dates: Open September 15,
2009, through February 28, 2010.
Daily Bag and Possession Limits: 25
and 50 coots, respectively.
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Snipe
Season Dates: Open September 15,
2009, and through January 15, 2010.
Daily Bag and Possession Limits: 8
and 16 snipe, respectively.
General Conditions: All tribal hunters
must have a valid Tribal ID card on his
or her person while hunting. Shooting
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15:07 Sep 01, 2009
Jkt 217001
hours are one-half hour before sunrise to
sunset, and steel shot is required for all
migratory bird hunting. Hunters must
observe all other basic Federal migratory
bird hunting regulations in 50 CFR part
20.
(t) Upper Skagit Indian Tribe, Sedro
Woolley, Washington (Tribal Members
Only).
Mourning Dove
Season Dates: Open September 1,
through December 31, 2009.
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.
(u) Wampanoag Tribe of Gay Head,
Aquinnah, Massachusetts (Tribal
Members Only).
Canada Geese
Season Dates: Open September 14,
and through September 28, 2009, and
open October 29, 2009, through
February 25, 2010.
Daily Bag Limits: 5 Canada geese
during the first period, 3 during the
second.
Snow Geese
Season Dates: Open September 8,
2009, and through September 22, 2009,
and October 29, 2009, through February
25, 2010.
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.
(v) White Earth Band of Ojibwe, White
Earth, Minnesota (Tribal Members
Only).
Ducks and Mergansers
Season Dates: Open September 20,
through December 19, 2009.
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, 2009, and open
September 27, through December 19,
2009.
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Fmt 4700
Sfmt 4700
Daily Bag Limit: Eight geese through
September 26 and five thereafter.
Coots
Season Dates: Open September 1,
through November 30, 2009.
Daily Bag Limit: 20 coots.
Sora and Virginia Rails
Season Dates: Open September 1,
through November 30, 2009.
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, 2009.
Daily Bag Limit: 10 snipe and 10
woodcock.
Mourning Dove
Season Dates: Open September 1,
through November 30, 2009.
Daily Bag Limit: 25 doves.
General Conditions: Shooting hours
are one-half hour before sunrise to onehalf hour after sunset. Nontoxic shot is
required.
(w) 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, 2009.
Daily Bag and Possession Limits:
Three and six pigeons, respectively.
Mourning Doves (Wildlife Management
Unit 10 and areas south of Y-70 and Y10 in Wildlife Management Unit 7, only)
Season Dates: Open September 1,
through September 15, 2009.
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.
E:\FR\FM\02SER1.SGM
02SER1
Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Rules and Regulations
Dated: August 27, 2009.
Thomas L. Strickland,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. E9–21168 Filed 8–28–09; 4:15 pm]
BILLING CODE 4310–55–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 226
[Docket No. 070717355–91122–02]
RIN 0648–AV74
Endangered and Threatened Species;
Critical Habitat for the Endangered
Distinct Population Segment of
Smalltooth Sawfish
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
We, the National Marine
Fisheries Service (NMFS), issue a final
rule to designate critical habitat for the
U.S. distinct population segment (DPS)
of smalltooth sawfish (Pristis pectinata),
which was listed as endangered on
April 1, 2003, under the Endangered
Species Act (ESA). The critical habitat
consists of two units: the Charlotte
Harbor Estuary Unit, which comprises
approximately 221,459 acres of coastal
habitat; and the Ten Thousand Islands/
Everglades Unit (TTI/E), which
comprises approximately 619,013 acres
of coastal habitat. The two units are
located along the southwestern coast of
Florida between Charlotte Harbor and
Florida Bay.
DATES: This rule becomes effective
October 2, 2009.
ADDRESSES: The final rule, Final
Regulatory Flexibility Analysis, and
Final 4(b)(2) Report used in preparation
of this final rule, as well as comments
and information received, are available
on the NMFS Web site at https://
www.sero.noaa.gov/, or https://
www.regulations.gov, or by contacting
the National Marine Fisheries Service’s
Southeast Regional Office, 263 13th
Avenue, South, St. Petersburg, FL
33701.
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SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Shelley Norton, NMFS, Southeast
Regional Office, at 727–824–5312; or
Lisa Manning, NMFS, Office of
Protected Resources, at 301–713–1401.
SUPPLEMENTARY INFORMATION:
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15:07 Sep 01, 2009
Jkt 217001
Background
Under the ESA, we are responsible for
determining whether certain species are
threatened or endangered and for
designating critical habitat for such
species (16 U.S.C. 1533). On April 1,
2003, we listed the U.S. DPS of
smalltooth sawfish (‘‘the species’’) as
endangered (68 FR 15674). At the time
of listing, we also announced that
critical habitat was not then
determinable because we were
completing ongoing studies necessary
for the identification of specific habitats
and environmental features important
for the conservation of the species.
Subsequently, we have sponsored
additional research on the species, its
habitat use, and its conservation needs.
Additionally, NMFS has developed a
recovery plan (NMFS, 2009) for the
species pursuant to section 4(f) of the
ESA. We have reviewed the best
available scientific data and identified
specific areas in the species’ occupied
range on which are located those
physical and biological features
essential to the conservation of the
species that may require special
management considerations or
protection. We published a proposed
critical habitat designation for the
smalltooth sawfish on November 20,
2008 (73 FR 70290), and requested
comments by January 20, 2009. On
December 9, 2008, we published a
notice in the Federal Register (73 FR
74681) announcing the dates, times, and
locations of two public hearings to
receive public comments on the
proposed critical habitat rule. In
addition to the Federal Register notice
announcing the public hearings, we
advertised the public hearings in the
local newspapers (News-Press of Ft.
Myers on December 8, 2008, and in the
Naples-News on December 14, 2008).
During the public comment period we
received several requests to extend the
public comment period. On January 29,
2009, we reopened the public comment
period until February 13, 2009 (74 FR
5141).
The key conservation objective we
have identified for the species is the
need to facilitate recruitment into the
adult sawfish population by protecting
juvenile nursery areas. We determined
the location of nursery areas by
applying a model developed for
identifying elasmobranch nursery areas
to smalltooth sawfish encounter data.
Additionally, we determined that the
habitat features essential to the
conservation of the species (also known
as the essential features) are red
mangroves and shallow euryhaline
habitats characterized by water depths
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45353
between the Mean High Water line and
3 ft (0.9 m) measured at Mean Lower
Low Water (MLLW). These essential
features are necessary to facilitate
recruitment of juveniles into the adult
population, because they provide for
predator avoidance and habitat for prey
in the areas currently being used as
juvenile nursery areas. We determined
these features may require special
management considerations or
protection due to human and natural
impacts to the features, including
development, marine construction, and
storms. We proposed designating two
specific areas that are nursery areas and
contain the essential features necessary
to the species conservation. The two
areas are: the Charlotte Harbor Estuary
Unit, which comprises approximately
221,459 acres (346 mi2) of coastal
habitat; and the Ten Thousand Islands/
Everglades Unit (TTI/E), which
comprises approximately 619,013 acres
(967 mi2) of coastal habitat. The two
units are located along the southwestern
coast of Florida between Charlotte
Harbor and Florida Bay.
Smalltooth Sawfish Natural History
The following discussion of the
distribution, life history, and habitat use
of the U.S. DPS of smalltooth sawfish is
based on the best available commercial
and scientific information, including
information provided in the Status
Review (65 FR 12959; March 10, 2000)
and the Smalltooth Sawfish Recovery
Plan (January 2009).
Distribution and Range
Smalltooth sawfish are tropical
marine and estuarine elasmobranch
(e.g., sharks, skates, and rays) fish that
are reported to have a circumtropical
distribution. The historic range of the
smalltooth sawfish in the United States
extends from Texas to New York
(NMFS, 2009). The U.S. region that has
historically harbored the largest number
of smalltooth sawfish is south and
southwest Florida from Charlotte Harbor
to the Dry Tortugas. Most historic
capture records along the Atlantic coast
north of Florida are from spring and
summer months and warmer water
temperatures. Most specimens captured
along the Atlantic coast north of Florida
were also large (greater than 10 ft or 3
m) adults and thought to represent
seasonal migrants, wanderers, or
colonizers from a core or resident
population(s) to the south rather than
being resident members of a continuous,
even-density population (Bigelow and
Schroeder, 1953). Historic records from
Texas to the Florida Panhandle suggest
a similar spring and summer pattern of
occurrence. While less common, winter
E:\FR\FM\02SER1.SGM
02SER1
]]>Agencies
[Federal Register Volume 74, Number 169 (Wednesday, September 2, 2009)]
[Rules and Regulations]
[Pages 45343-45353]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21168]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[FWS-R9-MB-2009-0124]
[91200-1231-9BPP-L2]
RIN 1018-AW31
Migratory Bird Hunting; Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations and Ceded Lands for the 2009-10
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, 2009.
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, VA or at https://www.regulations.gov.
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 11, 2009, Federal Register (74 FR 40138), we proposed
special migratory bird hunting regulations for the 2009-10 hunting
season for certain Indian tribes, under the guidelines described in the
June 4, 1985, Federal Register (50 FR 23467). The guidelines respond to
tribal requests for Service recognition of their reserved hunting
rights, and for some tribes, recognition of their authority to regulate
hunting by both tribal members and nonmembers on their reservations.
The guidelines include possibilities for:
(1) On-reservation hunting by both tribal members and nonmembers,
with hunting by nontribal members on some reservations to take place
within Federal frameworks but on dates different from those selected by
the surrounding State(s);
(2) On-reservation hunting by tribal members only, outside of usual
Federal frameworks for season dates and length, and for daily bag and
possession limits; and
(3) Off-reservation hunting by tribal members on ceded lands,
outside of usual framework dates and season length, with some added
flexibility in daily bag and possession limits.
In all cases, the regulations established under the guidelines must
be consistent with the March 10-September 1 closed season mandated by
the 1916 Migratory Bird Treaty with Canada.
In the April 10, 2009, Federal Register (74 FR 16339), we requested
that tribes desiring special hunting regulations in the 2009-10 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 doves. Late
[[Page 45344]]
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 street address indicated
under ADDRESSES or from our website https://www.fws.gov/migratorybirds/NewsPublicationsReports.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 2009 Waterfowl Breeding Population
and Habitat Survey were characterized by above-average moisture across
the southern portions of the traditional survey area, good habitat in
the eastern survey area, and late spring conditions across northern
survey areas. The total pond estimate (prairie Canada and United States
combined) was 6.4 0.2 million. This was 45 percent above
last year's estimate of 4.4 0.2 million ponds and 31
percent above the long-term average of 4.9 0.03 million
ponds. The 2009 estimate of ponds in prairie Canada was 3.6 0.1 million. This was a 17 percent increase from last year's
estimate (3.1 0.1 million) and was similar to the long-
term average (3.4 0.03 million). The 2009 pond estimate
for the northcentral United States of 2.9 0.1 million was
108 percent above last year's estimate (1.4 0.07 million)
and 87 percent above 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 42.0 0.7 [SE] million birds. This estimate
represents a 13 percent increase over last year's estimate of 37.3
0.6 million birds and was 25 percent above the long-term
average (1955-2008). Estimated mallard (Anas platyrhynchos) abundance
was 8.5 0.2 million birds, which was a 10 percent increase
over last year's estimate of 7.7 0.3 million birds and 13
percent above the long-term average. Estimated abundance of gadwall (A.
strepera; 3.1 0.2 million) was similar to the 2008
estimate and 73 percent above the long-term average. Estimated American
wigeon abundance (A. americana; 2.5 0.1 million) was
similar to 2008 and the long-term average. Estimated abundances of
green-winged teal (A. crecca; 3.4 0.2 million) and blue-
winged teal (A. discors; 7.4 0.4 million) were similar to
last year's estimates and well above their long-term averages (+79
percent and +60 percent, respectively). Northern shovelers (A.
clypeata; 4.4 0.2 million) were 25 percent above the 2008
estimate and remain well above their long-term average (+92 percent).
The estimate for northern pintails (A. acuta) was 3.2 0.2
million, which was 23 percent above the 2008 estimate of 2.6 0.1 million, and 20 percent below the long-term average.
Estimated abundance of redheads (Aythya americana; 1.0 0.1
million) was similar to last year and 62 percent above the long-term
average. The canvasback estimate (A. valisineria; 0.7 0.06
million) was 35 percent above the 2008 estimate (0.5 0.05
million) and similar to the long-term average. The scaup estimate (A.
affinis and A. marila combined; 4.2 0.2 million) was
similar to that of 2008 and 18 percent below the long-term average of
5.1 0.05 million.
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
(Bucephala albeola), American black duck (Anas rubripes), ring-necked
duck (Aythya collaris), mergansers (red-breasted [Mergus serrator],
common [M. merganser], and hooded [Lophodytes cucullatus]), and
goldeneye (common [B. clangula] and Barrow's [B. islandica]) all were
similar to their 2008 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
10.3 0.9 million in 2009. This was similar to the 2008
estimate of 9.2 0.8 million.
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 2009, temperatures were 1-5 degrees
Celsius colder than average throughout the central region of subarctic
and Arctic Canada. In some locales harsh spring conditions persisted
into June. In areas near Hudson Bay and the Queen Maud Gulf, goose and
swan nesting activities were delayed by 1 to 3 weeks. In contrast,
nesting conditions were favorable near Wrangel Island, Alaska's North
Slope and eastern interior regions, parts of the Canadian high Arctic,
and Newfoundland. Improved wetland abundance in the Canadian and U.S.
prairies, and other temperate regions, will likely improve the
production of Canada geese that nest at southern latitudes. Primary
abundance indices decreased for 15 goose populations and increased for
10 goose populations in 2009 compared to 2008. Primary abundance
indices for both populations of tundra swans increased in 2009 from
2008 levels. The following populations displayed significant positive
trends during the most recent 10-year period (P < 0.05): Mississippi
Flyway Giant, Aleutian, Atlantic, and Eastern Prairie Canada geese;
Greater, Western Arctic/Wrangel Island, and Western Central Flyway
light 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 for 2009 is regionally variable, but
production for many populations will be reduced this year due to harsh
spring conditions in much of central Canada.
Waterfowl Harvest and Hunter Activity
National surveys of migratory bird hunters were conducted during
the 2007 and 2008 hunting seasons. About 1.2 million waterfowl hunters
harvested 14,578,900 (4%) ducks and 3,666,100 (6%) geese in 2007, and harvested 13,635,700 (4%)
ducks and 3,792,600 (5%) geese in 2008. Mallard, green-
winged teal, gadwall, wood duck (Aix sponsa), and American wigeon were
the 5 most-harvested duck species in the United States, and Canada
goose was
[[Page 45345]]
the predominant goose species in the goose harvest. Coot hunters (about
33,700 in 2007 and 31,100 in 2008) harvested 198,300 (29%)
coots in 2007 and 275,900 (+43%) in 2008.
Comments and Issues Concerning Tribal Proposals
For the 2009-10 migratory bird hunting season, we proposed
regulations for 28 tribes and/or Indian groups that followed the 1985
guidelines and were considered appropriate for final rulemaking. Some
of the proposals submitted by the tribes had both early- and late-
season elements. However, as noted earlier, only those with early-
season proposals are included in this final rulemaking; 23 tribes have
proposals with early seasons. The comment period for the proposed rule,
published on August 11, 2009, closed on August 21, 2009. Because of the
necessary brief comment period, we will respond to any comments on the
proposed rule and/or these regulations postmarked by August 21, but not
received prior to final action by us, in the September late-season
final rule. At this time, we have not received any comments.
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
street 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 detailed in
a March 9, 2006, Federal Register (71 FR 12216). A scoping report
summarizing the scoping comments and scoping meetings is available by
either writing to the street address indicated under ADDRESSES or by
viewing on our website at https://www.fws.gov/migratorybirds/.
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 the Section
7 Consultation on the Proposed 2009-10 Migratory Game Bird Hunting
Regulations (dated August 24, 2009). The consultation concluded that
the 2009-10 regulations are not likely to jeopardize the continued
existence of either the whooping crane or Steller's eider. To prevent
take of whooping cranes, the Contingency Plan for Federal-State
Cooperative Protection of whooping cranes provides a protective program
in thirteen States. In addition, the State of Kansas will implement
specific restrictions to avoid accidental shootings. To prevent take of
Steller's eiders, the 2009-10 regulations include the continued
implementation of measures initiated and outlined under the 2009 Alaska
migratory bird subsistence regulations. These measures include Service
initiated conservation measures that increase migratory bird hunter
outreach prior to the opening of the hunting season, increased Service
enforcement of migratory bird regulations, and conducting in-season
harvest verification of Steller's eider mortality and injury.
Additionally, any modifications resulting from this consultation 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 street 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 of regulatory significance 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.
An Economic Analysis was prepared for the 2008-09 season. This
analysis was based on data from the 2006 National Hunting and Fishing
Survey, the most recent year for which data are available (see
discussion in Regulatory Flexibility Act section below). This analysis
estimates consumer surplus for three alternatives for duck hunting
(estimates for other species are not quantified due to lack of data).
The alternatives are (1) Issue restrictive regulations allowing fewer
days than those issued during the 2007-08 season, (2) Issues moderate
regulations allowing more days than those in alternative 1, and (3)
Issue liberal regulations identical to the regulations in the 2007-08
season. For the 2008-09 season, we chose alternative 3, with an
estimated consumer surplus across all flyways of $205-$270 million. For
the upcoming 2009-10 season, we again considered these three
alternatives and again chose alternative 3 for ducks. We made minor
modifications to the season frameworks for some other species, but
these do not significantly change the economic impacts of the rule,
which were not quantified for other species. For these reasons, we have
not conducted a new Economic Analysis, but the 2008-09 analysis is part
of the record for this rule and is available at https://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or at https://www.regulations.gov.
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. This analysis was revised annually from
1990-95. In 1995, the
[[Page 45346]]
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 written request from
the street address indicated under ADDRESSES or from our website at
https://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs 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, it
has an annual effect on the economy of $100 million or more.
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 it
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
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.
Government-to-Government Relationship with Tribes
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, in the April 10 Federal Register, we solicited
proposals for 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. The
resulting proposals were contained in an August 11 proposed rule (74 FR
40138). By virtue of these actions, we have consulted with Tribes
affected by this rule.
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.
Regulations Promulgation
The rulemaking process for migratory game bird hunting must, by its
nature, operate under severe time constraints. However, we intend that
the public be given the greatest possible opportunity to comment. Thus,
when the preliminary proposed rulemaking was published, we established
what we believed were the longest periods possible for public comment.
In doing this, we recognized that when the comment period closed, time
would be of the essence. That is, if there were a delay in the
effective date of these regulations after this final rulemaking, Tribes
would have insufficient time to select season dates and limits; to
communicate those selections to us; and to establish and publicize the
necessary regulations and procedures to implement their decisions. We
find that ``good cause'' exists, within the terms of 5 U.S.C. 553(d)(3)
of the Administrative Procedure Act, and therefore, under authority of
the Migratory Bird Treaty Act (July 3, 1918), as amended (16 U.S.C.
703-711), these regulations will take effect immediately upon
publication.
[[Page 45347]]
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, 2009; then
open November 15, through December 29, 2009.
Daily Bag and Possession Limits: For the early season, daily bag
limit is 10 mourning or white-winged doves, singly, or in the
aggregate. For the late season, the daily bag limit is 10 mourning
doves. Possession limits are twice the daily bag limits.
General Conditions: All persons 14 years and older must be in
possession of a valid Colorado River Indian Reservation hunting permit
before taking any wildlife on tribal lands. Any person transporting
game birds off the Colorado River Indian Reservation must have a valid
transport declaration form. Other tribal regulations apply, and may be
obtained at the Fish and Game Office in Parker, Arizona.
(b) Confederated Salish and Kootenai Tribes, Flathead Indian
Reservation, Pablo, Montana (Tribal Hunters).
Tribal Members Only
Ducks (including mergansers)
Season Dates: Open September 1, 2009, through March 9, 2010.
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 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.
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:
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.
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):
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.
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:
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.
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.
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
[[Page 45348]]
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, 2009, through January 18, 2010.
Daily Bag Limit: 15 ducks, which may include no more than 3
pintail, 3 canvasback, 3 black ducks, 1 hooded merganser, 5 wood ducks,
3 redheads, and 7 mallards (only 3 of which may be hens).
Canada and Snow Geese
Season Dates: Open September 1, through November 30, 2009; and open
January 1, 2010, through February 8, 2010.
Daily Bag Limit: 10 geese.
Other Geese (white-fronted geese and brant)
Season Dates: Open September 20, through November 30, 2009.
Daily Bag Limit: Five geese.
Sora Rails, Common Snipe, and Woodcock
Season Dates: Open September 1, through November 14, 2009.
Daily Bag Limit: 10 rails, 10 snipe, and 5 woodcock.
Mourning Doves
Season Dates: Open September 1, through November 14, 2009.
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. 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, 2009.
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, 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 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 15 and end December 31, 2009.
Daily Bag Limit: 20 coots and common moorhens (common gallinules),
singly or in the aggregate.
Sora and Virginia Rails:
Season Dates: Begin September 15 and end December 31, 2009.
Daily Bag Limits: 20 Sora and Virginia rails, singly or in the
aggregate.
Possession Limit: 25.
Common Snipe:
Season Dates: Begin September 15 and end December 31, 2009.
Daily Bag Limit: 16 common snipe.
Woodcock:
Season Dates: Begin September 8 and end December 1, 2009.
Daily Bag Limit: 10 woodcock.
Mourning Dove: 1837 and 1842 Ceded Territories.
Season Dates: Begin September 1 and end November 9, 2009.
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
contained in 50 CFR part 20.
3. Particular regulations of note include:
i. Nontoxic shot is required for all off-reservation waterfowl
hunting by tribal members.
ii. Tribal members in each zone shall 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, through September 13, 2009, for the
early-season, and open October 2, 2009,
[[Page 45349]]
through January 31, 2010, 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 (when the State's season is open) 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, 2009, through January 31, 2010.
Daily Bag and Possession Limits: 7 ducks, including no more than 2
female mallards, 2 pintail, 1 canvasback, 3 scaup, and 2 redheads. The
possession limit is twice the daily bag limit.
Geese
Season Dates: Open September 1, 2009, through January 31, 2010.
Daily Bag Limit: 6 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
Season Dates: Open September 19, through December 31, 2009.
Daily Bag Limits: 10 ducks.
Geese
Season Dates: Open September 1, through December 31, 2009.
Daily Bag Limits: 10 geese.
General: Possession limits are twice the daily bag limits. Shooting
hours are one-half hour before sunrise to one-half hour after sunset.
Nontoxic shot is required. Use of live decoys, bait, and commercial use
of migratory birds are prohibited. Waterfowl may not be pursued or
taken while using motorized craft.
(h) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal
Members Only).
Ducks
Season Dates: Open September 15, 2009, through January 20, 2010.
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, 2009, through February 8, 2010.
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, 2009.
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, 2009.
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 2009-10 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, 2009, through December 31, 2009.
Daily Bag Limits: 20 ducks, including no more than 5 black ducks, 5
redheads, 5 wood ducks, 5 pintail, 5 hooded merganser, and 5
canvasback.
Coots and Gallinules
Season Dates: Open September 1, 2009, through December 31, 2009.
Daily Bag Limits: 20.
Canada Geese
Season Dates: Open September 1, 2009, through February 8, 2010.
Daily Bag Limit: 20.
White-fronted Geese, Snow Geese, and Brant
Season Dates: Open September 1, 2009, through February 8, 2010.
Daily Bag Limit: 20 geese in aggregate.
Sora and Virginia Rails
Season Dates: Open September 1, through December 31, 2009.
Daily Bag Limit: 20.
Snipe
Season Dates: Open September 15, through December 31, 2009.
Daily Bag Limit: 16.
Mourning Doves
Season Dates: Open September 1, through November 9, 2009.
Daily Bag Limit: 15.
Woodcock
Season Dates: Open September 5, through December 1, 2009.
Daily Bag Limit: 10.
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, 2009, through March 10, 2010.
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 19, through December 31, 2009.
Daily Bag and Possession Limits: Seven ducks, including no more
than
[[Page 45350]]
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 19, through December 31, 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, 2009, through February 15, 2010.
Daily Bag and Possession Limits: Two and four, respectively.
Coots
Season Dates: Open September 19, through December 31, 2009.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
Season Dates: Open September 19, through December 31, 2009.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 19, through December 31, 2009.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-tailed Pigeon
Season Dates: Open September 19, through December 31, 2009.
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, 2009.
Daily Bag Limit: Two band-tailed pigeons.
Ducks and Coots
Season Dates: Open September 27, 2009, through January 25, 2010.
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, 2009, through January 25, 2010.
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 apply.
The following restrictions also apply: (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; (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) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal
Members Only).
Ducks (including mergansers)
Season Dates: Open September 19, through November 20, 2009, and
open November 30, through December 6, 2009.
Daily Bag and Possession Limits: Six, including no more than six
mallards (three hen mallards), six wood ducks, one redhead, two
pintail, and one hooded merganser. The possession limit is twice the
daily bag limit.
Geese
Season Dates: Open September 1, through November 20, 2009; and open
November 30, through December 30, 2009.
Daily Bag and Possession Limits: 5 and 10 Canada geese,
respectively, from September 1, through September 19, 2009; and 3 and 6
Canada geese, respectively, the remainder of the season. 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 5, through November 8, 2009.
Daily Bag and Possession Limits: 5 and 10 woodcock, respectively.
Dove
Season Dates: Open September 1, through November 8, 2009.
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.
(n) Point No Point Treaty Council, Kingston, Washington (Tribal Members
Only).
Ducks
Season Dates: Open September 1, 2009, through March 10, 2010.
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 15, 2009, through March 10, 2010.
Daily Bag and Possession Limits: Four geese, and may include no
more than three light geese. The seasons on Aleutian and Cackling
Canada geese are closed. Possession limit is twice the daily bag limit.
[[Page 45351]]
Brant
Season Dates: Open November 1, 2009, through March 10, 2010.
Daily Bag and Possession Limits: Two and four, respectively.
Coots
Season Dates: Open September 1, 2009, through March 10, 2010.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
Season Dates: Open September 1, 2009, through January 31, 2010.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 1, 2009, through March 10, 2010.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-tailed Pigeon
Season Dates: Open September 1, 2009, through March 10, 2010.
Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
General: Tribal members must possess a tribal hunting permit from
the Point No Point Tribal Council pursuant to tribal law. Hunting hours
are from one-half hour before sunrise to sunset. Hunters must observe
all other basic Federal migratory bird hunting regulations in 50 CFR
part 20.
(o) Sault Ste. Marie Tribe of Chippewa Indians, Sault Ste. Marie,
Michigan (Tribal Members Only).
Ducks and Mergansers
Season Dates: Open September 15, through December 31, 2009.
Daily Bag and Possession Limits: 20 ducks, including no more than 5
hen mallards, 5 black ducks, 5 canvasback, 5 wood ducks, and 10
mergansers. Possession limit is twice the daily bag limit.
Geese
Season Dates: Open September 1, through December 31, 2009.
Daily Bag and Possession Limits: 20 geese in the aggregate.
Possession limit is twice the daily bag limit.
Coots
Season Dates: Open September 1, through December 31, 2009.
Daily Bag and Possession Limits: 20 and 40 coots, respectively.
Mourning Doves
Season Dates: Open September 1, through November 14, 2009.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 15, through December 31, 2009.
Daily Bag and Possession Limits: 16 and 32 snipe, respectively.
Woodcock
Season Dates: Open September 2, through December 1, 2009.
Daily Bag and Possession Limits: 10 and 20 woodcock, respectively.
Sora and Virginia Rails
Season Dates: Open September 1, through December 31, 2009.
Daily Bag and Possession Limits: 20 and 20 Sora and Virginia rails
in the aggregate, respectively.
General: Tribal members must possess a tribal hunting permit from
the Sault Ste. Marie Tribe pursuant to tribal law. Shooting hours are
one-half hour before sunrise until 15 minutes after sunset. Hunters
must observe all other basic Federal migratory bird hunting regulations
in 50 CFR part 20.
(p) Skokomish Tribe, Shelton, Washington (Tribal Members Only).
Ducks and Mergansers
Season Dates: Open September 16, 2009, through February 28, 2010.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one pintail, one canvasback, one harlequin per
season, and two redheads. Possession limit is twice the daily bag limit
(except for harlequin).
Geese
Season Dates: Open September 16, 2009, through February 28, 2010.
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, 2009, through February 15, 2010.
Daily Bag and Possession Limits: Two and four brant, respectively.
Coots
Season Dates: Open September 16, 2009, through February 28, 2010.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
Season Dates: Open September 16, 2009, through February 28, 2010.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 16, 2009, through February 28, 2010.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-tailed Pigeon
Season Dates: Open September 16, 2009, through February 28, 2010.
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.
(q) Squaxin Island Tribe, Squaxin Island Reservation, Shelton,
Washington (Tribal Members Only).
Ducks
Season Dates: Open September 1, 2009, through January 15, 2010.
Daily Bag and Possession Limits: Five ducks, which may include only
one canvasback. The season on harlequin ducks is closed. Possession
limit is twice the daily bag limit.
Geese
Season Dates: Open September 15, 2009, through January 15, 2010.
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, 2009.
Daily Bag and Possession Limits: Two and four brant, respectively.
Coots
Season Dates: Open September 1, 2009, through January 15, 2010.
Daily Bag Limits: 25 coots.
Snipe
Season Dates: Open September 15, 2009, and through January 15,
2010.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-tailed Pigeons
Season Dates: Open September 1, through December 31, 2009.
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
[[Page 45352]]
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.
(r) Spokane Tribe of Indians, Spokane Indian Reservation, Wellpinit,
Washington (Tribal Members Only).
Ducks
Season Dates: Open September 1, 2009, through January 31, 2010.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, two pintail, one canvasback, three scaup, and
two redheads. Possession limit is twice the daily bag limit.
Geese
Season Dates: Open September 1, 2009, through January 31, 2010.
Daily Bag and Possession Limits: Four dark geese and six light
geese. Possession limit is twice the daily bag limit.
(s) Tulalip Tribes, Tulalip, Washington (Tribal Members Only).
Ducks
Season Dates: Open September 15, 2009, through February 28, 2010.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, two pintail, one canvasback, three scaup, and
two redheads. Possession limit is twice the daily bag limit.
Geese
Season Dates: Open September 15, 2009, through February 28, 2010.
Daily Bag and Possession Limits: Seven geese. Possession limit is
twice the daily bag limit.
Brant
Season Dates: Open September 15, 2009, through February 28, 2010.
Daily Bag and Possession Limits: Two and four brant, respectively.
Coots
Season Dates: Open September 15, 2009, through February 28, 2010.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Snipe
Season Dates: Open September 15, 2009, and through January 15,
2010.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
General Conditions: All tribal hunters must have a valid Tribal ID
card on his or her person while hunting. Shooting hours are one-half
hour before sunrise to sunset, and steel shot is required for all
migratory bird hunting. Hunters must observe all other basic Federal
migratory bird hunting regulations in 50 CFR part 20.
(t) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal
Members Only).
Mourning Dove
Season Dates: Open September 1, through December 31, 2009.
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.
(u) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal
Members Only).
Canada Geese
Season Dates: Open September 14, and through September 28, 2009,
and open October 29, 2009, through February 25, 2010.
Daily Bag Limits: 5 Canada geese during the first period, 3 during
the second.
Snow Geese
Season Dates: Open September 8, 2009, and through September 22,
2009, and October 29, 2009, through February 25, 2010.
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.
(v) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal Members
Only).
Ducks and Mergansers
Season Dates: Open September 20, through December 19, 2009.
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, 2009, and
open September 27, through December 19, 2009.
Daily Bag Limit: Eight geese through September 26 and five
thereafter.
Coots
Season Dates: Open September 1, through November 30, 2009.
Daily Bag Limit: 20 coots.
Sora and Virginia Rails
Season Dates: Open September 1, through November 30, 2009.
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, 2009.
Daily Bag Limit: 10 snipe and 10 woodcock.
Mourning Dove
Season Dates: Open September 1, through November 30, 2009.
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.
(w) 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, 2009.
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, 2009.
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.
[[Page 45353]]
Dated: August 27, 2009.
Thomas L. Strickland,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E9-21168 Filed 8-28-09; 4:15 pm]
BILLING CODE 4310-55-S
