Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2009-10 Late Season, 49292-49297 [E9-23034]

Download as PDF 49292 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations 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 Late Season AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. SUMMARY: This rule prescribes special late-season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This rule 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. This rule takes effect on September 25, 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 http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, (703/358-1967), or Tina Chouinard, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, (731/432-0981). SUPPLEMENTARY INFORMATION: The Migratory Bird Treaty Act 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 pwalker on DSK8KYBLC1PROD with RULES4 DATES: VerDate Nov<24>2008 19:41 Sep 24, 2009 Jkt 217001 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 August 11 proposed rule included generalized regulations for both early- and late-season hunting, this rulemaking addresses only the lateseason proposals. Early-season proposals were addressed in a final rule PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 published in the September 2, 2009, Federal Register (74 FR 51704). As a general rule, early seasons begin during September each year and have a primary emphasis on such species as mourning and white-winged dove. Late seasons begin about September 24 or later each year and have a primary emphasis on waterfowl. Status of Populations In the August 11 proposed rule and September 2 final rule, we reviewed the status for various populations for which seasons were proposed. This information included brief summaries of the May Breeding Waterfowl and Habitat Survey; population status reports for blue-winged teal, sandhill cranes, woodcock, mourning doves, white-winged doves, white-tipped doves, and band-tailed pigeons; and the status and harvest of waterfowl. The tribal seasons established below are commensurate with the population status. For more detailed information on methodologies and results, complete copies of the various reports are available at the street address indicated under ADDRESSES or from our website at http://www.fws.gov/migratorybirds/ NewsPublicationsReports.html. Comments and Issues Concerning Tribal Proposals For the 2009–10 migratory bird hunting season, we proposed regulations for 29 tribes 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 late-season proposals are included in this final rulemaking; 11 tribes have proposals with late seasons. The comment period for the proposed rule, published on August 11, 2009, closed on August 21, 2009. We did not receive any comments on our April 10, 2009, proposed rule, which announced rulemaking on regulations for migratory bird hunting by American Indian tribal members, or on our August 11, 2009, proposed rule. NEPA Consideration NEPA considerations are covered by the programmatic document ‘‘Final Supplemental Environmental Impact Statement: Issuance of Annual Regulations Permitting the Sport Hunting of Migratory Birds (FSES 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 E:\FR\FM\25SER4.SGM 25SER4 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations pwalker on DSK8KYBLC1PROD with RULES4 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 http://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 13 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 VerDate Nov<24>2008 19:41 Sep 24, 2009 Jkt 217001 hunter outreach prior to the opening of the hunting season, increased Service enforcement of migratory bird regulations, and 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 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 49293 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 http://www.fws.gov/ migratorybirds/ NewReportsPublications/SpecialTopics/ SpecialTopics.html#HuntingRegs or at http://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 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 http://www.fws.gov/migratorybirds/ NewReportsPublications/SpecialTopics/ SpecialTopics.html#HuntingRegs or at http://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, the rule 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 E:\FR\FM\25SER4.SGM 25SER4 49294 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations 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 the rule will not unduly burden the judicial system and that it meets the requirements of sections 3(a) and 3(b)(2) of Executive Order 12988. pwalker on DSK8KYBLC1PROD with RULES4 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. VerDate Nov<24>2008 19:41 Sep 24, 2009 Jkt 217001 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. 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. Federalism Effects List of Subjects in 50 CFR Part 20 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. Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife. Government-to-Government Relationship with Tribes 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 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 Accordingly, part 20, subchapter B, chapter I of Title 50 of the Code of Federal Regulations is amended as follows: ■ PART 20—[AMENDED] 1. The authority citation for part 20 continues to read as follows: ■ 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. Amend § 20.110 by: ■ a. Revising paragraphs (a), (b), (f), (j), (t) and (u), and ■ b. Adding paragraphs (x), (y), (z), (aa), and (bb), to read as set forth below. (Current § 20.110 was published at 74 FR 51707, September 2, 2009.) § 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 14, through December 28, 2009. E:\FR\FM\25SER4.SGM 25SER4 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations 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. Ducks (including mergansers) Season Dates: Open October 10, 2009, through January 24, 2010. Daily Bag and Possession Limits: Seven ducks, including two hen mallards, two redheads, two Mexican ducks, two goldeneye, two cinnamon teal, three scaup, and one pintail. The seasons on canvasback is closed. The possession limit is twice the daily bag limit. Coots and Common Moorhens Season Dates: Same as ducks. Daily Bag and Possession Limits: 25 coots and common moorhens, singly or in the aggregate. The possession limit is twice the daily bag limit. Geese Season Dates: Open October 17, 2009, through January 24, 2010. Daily Bag and Possession Limits: Three geese, including no more than three dark (Canada) geese and three white (snow, blue, Ross’s) geese. The possession limit is six dark geese and six white geese. 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 Members and Nontribal Hunters). Tribal Members Only pwalker on DSK8KYBLC1PROD with RULES4 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. VerDate Nov<24>2008 19:41 Sep 24, 2009 Jkt 217001 Daily Bag and Possession Limits: Same as ducks. Nontribal Hunters Ducks (including mergansers) Scaup Season Dates: Open October 3, 2009, through December 27, 2009. Season Dates: Open October 3, 2009, through January 17, 2010. Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, two pintail, three scaup (when open), one canvasback, and two redheads. The possession limit is twice the daily bag limit. Coots Season Dates: Same as ducks. Daily Bag and Possession Limits: The daily bag and possession limit is 25. Geese Dark Geese Season Dates: Open October 3, 2009, through January 15, 2010. Daily Bag and Possession Limits: 4 and 8 geese, respectively. Light Geese Season Dates: Open October 3, 2009, through January 15, 2010. Daily Bag and Possession Limits: 6 and 12 geese, respectively. Youth Waterfowl Hunt Season Dates: September 26-27, 2009. Daily Bag and Possession Limits: Same as ducks. General Conditions: Tribal members 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. * * * * * (f) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal Members and Nontribal Hunters). Nontribal Hunters on Reservation Ducks Season Dates: Open September 26, 2009, through January 31, 2010. During this period, days to be hunted are specified by the Kalispel Tribe as weekends, holidays, and for a continuous period in the months of October and November, not to exceed 107 days total. Nontribal hunters should PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 49295 contact the Tribe for more detail on hunting days. Daily Bag and Possession Limits: seven ducks, including no more than two female mallards, two pintail, 2 scaup, one canvasback, and two redheads. The possession limit is twice the daily bag limit. Geese Season Dates: Open September 1, 2009, through September 13, 2009, for the early-season, and open October 2, 2009, through January 31, 2010, for the late-season. During this period, days to be hunted are specified by the Kalispel Tribe, not to exceed 107 days total. 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. * * * * * (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 19, 2009, through March 10, 2010. Daily Bag and Possession Limits: Six 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 E:\FR\FM\25SER4.SGM 25SER4 49296 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations hooded merganser. The possession limit is twice the daily bag limit. Canada Geese Season Dates: Open October 10, 2009, through March 10, 2010. Daily Bag and Possession Limits: Three and six, respectively. White-fronted Geese Season Dates: Open October 3, 2009, through March 10, 2010. Daily Bag and Possession Limits: Two and four, respectively. Light Geese Season Dates: Open October 10, 2009, through March 10, 2010. Daily Bag and Possession Limits: 20 and 40, respectively. Nontribal Hunters Ducks (including mergansers and coots) Season Dates: Open October 10, 2009, through January 14, 2010. Daily Bag and Possession Limits: Six ducks, including no more than five mallards (only one of which may be a hen), two scaup, one mottled duck, one canvasback, two redheads, two wood ducks, and one pintail. Coot daily bag limit is 15. Merganser daily bag limit is five, including no more than two hooded mergansers. The possession limit is twice the daily bag limit. Canada Geese Season Dates: Open October 24, 2009, through February 7, 2010. Daily Bag and Possession Limits: Three and six, respectively. White-fronted Geese Season Dates: Open October 1, 2009, through February 28, 2010. Daily Bag and Possession Limits: 15 and 20, respectively. The season on canvasbacks is closed. Coots Season Dates: Open October 15, 2009, through February 15, 2010. Daily Bag and Possession Limits: 20 and 30, respectively. Geese Season Dates: Open October 15, 2009, through February 28, 2010. Daily Bag and Possession Limits: The daily bag limits are seven geese and five brant. The possession limits for geese and brant are 10 and 7, respectively. 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). Season Dates: Open October 13, 2009, through January 26, 2010. Daily Bag Limit: Six teal. Ducks Light Geese pwalker on DSK8KYBLC1PROD with RULES4 Ducks Teal Season Dates: Open October 10, 2009, through December 20, 2009. Daily Bag and Possession Limits: One and two, respectively. Season Dates: Open October 10, 2009, through January 10, 2010, and open February 26, 2010, through March 10, 2010. Daily Bag and Possession Limits: 20 and 40, respectively. General Conditions: All hunters must comply with the basic Federal migratory bird hunting regulations in 50 CFR part 20, including the use of steel shot. Nontribal hunters must possess a validated Migratory Bird Hunting and Conservation Stamp. The Lower Brule Sioux Tribe has an official Conservation Code that hunters must adhere to when hunting in areas subject to control by the Tribe. * * * * * VerDate Nov<24>2008 (t) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal Members Only). 19:41 Sep 24, 2009 Jkt 217001 Season Dates: Open October 29, 2009, through February 23, 2010. Daily Bag Limit: Six ducks, including no more than two hen mallards, two black ducks, two mottled ducks, one fulvous whistling duck, four mergansers, three scaup, one hooded merganser, two wood ducks, one canvasback, two redheads, and one pintail. The season is closed for harlequin ducks. Woodcock Season Dates: Open October 13, through November 28, 2009. Daily Bag Limit: 3 woodcock. Canada Geese Season Dates: Open September 14, 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, 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. * * * * * (x) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New Mexico (Tribal Members and Nontribal Hunters). Ducks (including mergansers) Season Dates: Open October 10, through November 30, 2009. Daily Bag and Possession Limits: The daily bag limit is seven, including no more than two hen mallards, two pintail, two redheads, one canvasback, and three scaup. The possession limit is twice the daily bag limit. Canada Geese Season Dates: Open October 10, through November 30, 2009. Daily Bag and Possession Limits: Two and four, respectively. General Conditions: Tribal and nontribal hunters must comply with all basic Federal migratory bird hunting regulations in 50 CFR part 20 regarding shooting hours and manner of taking. In addition, each waterfowl hunter 16 years of age or 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 Jicarilla Tribe also apply on the reservation. Sea Ducks Season Dates: Open October 12, 2009, through February 28, 2010. Daily Bag Limit: Seven ducks including no more than four of any one species (only one of which may be a hen eider). (y) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only). Ducks Season Dates: Open October 1, 2009, through January 31, 2010. Daily Bag and Possession Limits: 9 and 18 ducks, respectively. PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\25SER4.SGM 25SER4 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations established by the Shoshone-Bannock Tribes also apply on the reservation. Coots Season Dates: Same as ducks. Daily Bag and Possession Limits: 25 coots. (aa) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal Members Only). Geese Season Dates: Same as ducks. Daily Bag and Possession Limits: 9 and 18 geese, respectively. General: The Klamath Tribe provides its game management officers, biologists, and wildlife technicians with regulatory enforcement authority, and has a court system with judges that hear cases and set fines. Nontoxic shot is required. Shooting hours are one-half hour before sunrise to one-half hour after sunset. Ducks (including mergansers) Season Dates: Open October 1, 2009, through February 15, 2010. Daily Bag and Possession Limits: 10 ducks, including no more than 7 mallards of which only 3 hen mallards, 3 pintail, 3 canvasback, 3 scaup, and 3 redheads. The possession limit is twice the daily bag limit. Coot (z) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall, Idaho (Nontribal Hunters). Season Dates: October 1, 2009, through January 31, 2010. Daily Bag and Possession Limits: 25 and 50, respectively. Ducks and Mergansers Geese Scaup Season Dates: Open October 3, 2009, through December 27, 2009. Season Dates: Open October 3, 2009, through January 17, 2010. Daily Bag and Possession Limits: Seven ducks and mergansers, including no more than two hen mallards, two pintail, three scaup (when open), one canvasback, and two redheads. The possession limit is twice the daily bag limit. Season Dates: Same as ducks. Daily Bag and Possession Limits: 6 and 12, respectively. Coots Season Dates: Same as ducks. Daily Bag and Possession Limits: 25 coots. The possession limit is twice the daily bag limit. Geese Season Dates: Open October 3, 2009, through January 17, 2010. Daily Bag and Possession Limits: 6 light geese and 4 dark geese. The possession limit is twice the daily bag limit. pwalker on DSK8KYBLC1PROD with RULES4 Common Snipe Season Dates: Same as ducks. Daily Bag and Possession Limits: 8 and 16 snipe, respectively. General Conditions: Nontribal hunters must comply with all basic Federal migratory bird hunting regulations in 50 CFR part 20 regarding shooting hours and manner of taking. In addition, each waterfowl hunter 16 years of age or older must possess a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed in ink across the stamp face. Other regulations VerDate Nov<24>2008 19:41 Sep 24, 2009 Jkt 217001 Brant Season Dates: Open October 1, 2009, through January 31, 2010. Daily Bag and Possession Limits: 3 and 6, respectively. Snipe Season Dates: Open October 1, 2009, through January 21, 2010. Daily Bag and Possession Limits: 10 and 20, respectively. Tribal members hunting on lands will observe all basic Federal migratory bird hunting regulations found in 50 CFR part 20, which will be enforced by the Stillaguamish Tribal Law Enforcement. Tribal members are required to use steel shot or a nontoxic shot as required by Federal regulations. (bb) Swinomish Indian Tribal Community, LaConner, Washington (Tribal Members Only). Tribal Hunters within Swinomish, Lower Skagit, Kikialous, and Samish Ceded Lands Ducks (including mergansers) Season Dates: Open September 26, 2009, through February 10, 2010. Daily Bag and Possession Limits: 10 ducks and mergansers, including no more than 5 hen mallards, 5 pintail, 6 canvasback, 6 scaup, and 5 redheads. The possession limit is twice the daily bag limit. PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 49297 Coot Season Dates: Same as ducks. Daily Bag and Possession Limits: 28 and 56, respectively. Geese Season Dates: Open October 3, 2009, through February 17, 2010. Daily Bag and Possession Limits: 8 and 16, respectively. Brant Season Dates: Open October 3, 2009, through November 18, 2010. Daily Bag and Possession Limits: 5 and 10, respectively. Tribal Hunters on Swinomish, Lower Skagit, Kikialous, and Samish Reservation Lands Ducks (including mergansers) Season Dates: Open September 26, 2009, through March 9, 2010. Daily Bag and Possession Limits: 10 ducks and mergansers, including no more than 5 hen mallards, 5 pintail, 6 canvasback, 6 scaup, and 5 redheads. The possession limit is twice the daily bag limit. Coot Season Dates: Same as ducks. Daily Bag and Possession Limits: 28 and 56, respectively. Geese Season Dates: Open October 3, 2009, through March 9, 2010. Daily Bag and Possession Limits: 8 and 16, respectively. Brant Season Dates: Open October 3, 2009, through March 9, 2010. Daily Bag and Possession Limits: 5 and 10, respectively. Tribal members hunting on lands under this proposal will observe all basic Federal migratory bird hunting regulations found in 50 CFR part 20, which will be enforced by the Swinomish Lower Skagit, Kikialous, and Samish Tribal Law Enforcement. Tribal members are required to use steel shot or a nontoxic shot as required by Federal regulations. Dated: September 16, 2009. Thomas L. Strickland, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. E9–23034 Filed 9–24–09; 8:45 am BILLING CODE 4310–55–S E:\FR\FM\25SER4.SGM 25SER4

Agencies

[Federal Register Volume 74, Number 185 (Friday, September 25, 2009)]
[Rules and Regulations]
[Pages 49292-49297]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23034]



[[Page 49291]]

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Part VI





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 20



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

Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / 
Rules and Regulations

[[Page 49292]]


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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 
Late Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: This rule prescribes special late-season migratory bird 
hunting regulations for certain tribes on Federal Indian reservations, 
off-reservation trust lands, and ceded lands. This rule 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 25, 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 http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, Division of Migratory 
Bird Management, U.S. Fish and Wildlife Service, (703/358-1967), or 
Tina Chouinard, Division of Migratory Bird Management, U.S. Fish and 
Wildlife Service, (731/432-0981).

SUPPLEMENTARY INFORMATION: The Migratory Bird Treaty Act 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 August 11 proposed rule included generalized 
regulations for both early- and late-season hunting, this rulemaking 
addresses only the late-season proposals. Early-season proposals were 
addressed in a final rule published in the September 2, 2009, Federal 
Register (74 FR 51704). As a general rule, early seasons begin during 
September each year and have a primary emphasis on such species as 
mourning and white-winged dove. Late seasons begin about September 24 
or later each year and have a primary emphasis on waterfowl.

Status of Populations

    In the August 11 proposed rule and September 2 final rule, we 
reviewed the status for various populations for which seasons were 
proposed. This information included brief summaries of the May Breeding 
Waterfowl and Habitat Survey; population status reports for blue-winged 
teal, sandhill cranes, woodcock, mourning doves, white-winged doves, 
white-tipped doves, and band-tailed pigeons; and the status and harvest 
of waterfowl. The tribal seasons established below are commensurate 
with the population status.
    For more detailed information on methodologies and results, 
complete copies of the various reports are available at the street 
address indicated under ADDRESSES or from our website at http://www.fws.gov/migratorybirds/NewsPublicationsReports.html.

Comments and Issues Concerning Tribal Proposals

    For the 2009-10 migratory bird hunting season, we proposed 
regulations for 29 tribes 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 late-season 
proposals are included in this final rulemaking; 11 tribes have 
proposals with late seasons. The comment period for the proposed rule, 
published on August 11, 2009, closed on August 21, 2009.
    We did not receive any comments on our April 10, 2009, proposed 
rule, which announced rulemaking on regulations for migratory bird 
hunting by American Indian tribal members, or on our August 11, 2009, 
proposed rule.

NEPA Consideration

    NEPA considerations are covered by the programmatic document 
``Final Supplemental Environmental Impact Statement: Issuance of Annual 
Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88-
14),'' filed with the Environmental Protection Agency on June 9, 1988. 
We published Notice of Availability in the Federal Register on June 16, 
1988 (53

[[Page 49293]]

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 http://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 13 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 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 http://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or at http://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 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 http://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or 
at http://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, 
the rule 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

[[Page 49294]]

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 the 
rule will not unduly burden the judicial system and that it meets the 
requirements of sections 3(a) and 3(b)(2) of Executive Order 12988.

Takings Implication Assessment

    In accordance with Executive Order 12630, this rule, authorized by 
the Migratory Bird Treaty Act, does not have significant takings 
implications and does not affect any constitutionally protected 
property rights. This rule will not result in the physical occupancy of 
property, the physical invasion of property, or the regulatory taking 
of any property. In fact, these rules allow hunters to exercise 
otherwise unavailable privileges and, therefore, reduce restrictions on 
the use of private and public property.

Energy Effects--Executive Order 13211

    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.

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. Amend Sec.  20.110 by:
0
a. Revising paragraphs (a), (b), (f), (j), (t) and (u), and
0
b. Adding paragraphs (x), (y), (z), (aa), and (bb), to read as set 
forth below. (Current Sec.  20.110 was published at 74 FR 51707, 
September 2, 2009.)


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 14, through December 28, 2009.

[[Page 49295]]

    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.
Ducks (including mergansers)
    Season Dates: Open October 10, 2009, through January 24, 2010.
    Daily Bag and Possession Limits: Seven ducks, including two hen 
mallards, two redheads, two Mexican ducks, two goldeneye, two cinnamon 
teal, three scaup, and one pintail. The seasons on canvasback is 
closed. The possession limit is twice the daily bag limit.
Coots and Common Moorhens
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots and common moorhens, 
singly or in the aggregate. The possession limit is twice the daily bag 
limit.
Geese
    Season Dates: Open October 17, 2009, through January 24, 2010.
    Daily Bag and Possession Limits: Three geese, including no more 
than three dark (Canada) geese and three white (snow, blue, Ross's) 
geese. The possession limit is six dark geese and six white geese.
    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 Members and Nontribal 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.
Nontribal Hunters
Ducks (including mergansers)
    Scaup Season Dates: Open October 3, 2009, through December 27, 
2009.
    Season Dates: Open October 3, 2009, through January 17, 2010.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, two pintail, three scaup (when open), one 
canvasback, and two redheads. The possession limit is twice the daily 
bag limit.
Coots
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: The daily bag and possession limit 
is 25.
Geese
Dark Geese
    Season Dates: Open October 3, 2009, through January 15, 2010.
    Daily Bag and Possession Limits: 4 and 8 geese, respectively.
Light Geese
    Season Dates: Open October 3, 2009, through January 15, 2010.
    Daily Bag and Possession Limits: 6 and 12 geese, respectively.
Youth Waterfowl Hunt
    Season Dates: September 26-27, 2009.
    Daily Bag and Possession Limits: Same as ducks.
    General Conditions: Tribal members 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.
* * * * *

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

Nontribal Hunters on Reservation
Ducks
    Season Dates: Open September 26, 2009, through January 31, 2010. 
During this period, days to be hunted are specified by the Kalispel 
Tribe as weekends, holidays, and for a continuous period in the months 
of October and November, not to exceed 107 days total. Nontribal 
hunters should contact the Tribe for more detail on hunting days.
    Daily Bag and Possession Limits: seven ducks, including no more 
than two female mallards, two pintail, 2 scaup, one canvasback, and two 
redheads. The possession limit is twice the daily bag limit.
Geese
    Season Dates: Open September 1, 2009, through September 13, 2009, 
for the early-season, and open October 2, 2009, through January 31, 
2010, for the late-season. During this period, days to be hunted are 
specified by the Kalispel Tribe, not to exceed 107 days total. 
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.
* * * * *

 (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 19, 2009, through March 10, 2010.
    Daily Bag and Possession Limits: Six 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

[[Page 49296]]

hooded merganser. The possession limit is twice the daily bag limit.
Canada Geese
    Season Dates: Open October 10, 2009, through March 10, 2010.
    Daily Bag and Possession Limits: Three and six, respectively.
White-fronted Geese
    Season Dates: Open October 3, 2009, through March 10, 2010.
    Daily Bag and Possession Limits: Two and four, respectively.
Light Geese
    Season Dates: Open October 10, 2009, through March 10, 2010.
    Daily Bag and Possession Limits: 20 and 40, respectively.
Nontribal Hunters
Ducks (including mergansers and coots)
    Season Dates: Open October 10, 2009, through January 14, 2010.
    Daily Bag and Possession Limits: Six ducks, including no more than 
five mallards (only one of which may be a hen), two scaup, one mottled 
duck, one canvasback, two redheads, two wood ducks, and one pintail. 
Coot daily bag limit is 15. Merganser daily bag limit is five, 
including no more than two hooded mergansers. The possession limit is 
twice the daily bag limit.
Canada Geese
    Season Dates: Open October 24, 2009, through February 7, 2010.
    Daily Bag and Possession Limits: Three and six, respectively.
White-fronted Geese
    Season Dates: Open October 10, 2009, through December 20, 2009.
    Daily Bag and Possession Limits: One and two, respectively.
Light Geese
    Season Dates: Open October 10, 2009, through January 10, 2010, and 
open February 26, 2010, through March 10, 2010.
    Daily Bag and Possession Limits: 20 and 40, respectively.
    General Conditions: All hunters must comply with the basic Federal 
migratory bird hunting regulations in 50 CFR part 20, including the use 
of steel shot. Nontribal hunters must possess a validated Migratory 
Bird Hunting and Conservation Stamp. The Lower Brule Sioux Tribe has an 
official Conservation Code that hunters must adhere to when hunting in 
areas subject to control by the Tribe.
* * * * *

(t) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal 
Members Only).

Ducks
    Season Dates: Open October 1, 2009, through February 28, 2010.
    Daily Bag and Possession Limits: 15 and 20, respectively. The 
season on canvasbacks is closed.
Coots
    Season Dates: Open October 15, 2009, through February 15, 2010.
    Daily Bag and Possession Limits: 20 and 30, respectively.
Geese
    Season Dates: Open October 15, 2009, through February 28, 2010.
    Daily Bag and Possession Limits: The daily bag limits are seven 
geese and five brant. The possession limits for geese and brant are 10 
and 7, respectively.
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).

Teal
    Season Dates: Open October 13, 2009, through January 26, 2010.
    Daily Bag Limit: Six teal.
Ducks
    Season Dates: Open October 29, 2009, through February 23, 2010.
    Daily Bag Limit: Six ducks, including no more than two hen 
mallards, two black ducks, two mottled ducks, one fulvous whistling 
duck, four mergansers, three scaup, one hooded merganser, two wood 
ducks, one canvasback, two redheads, and one pintail. The season is 
closed for harlequin ducks.
Sea Ducks
    Season Dates: Open October 12, 2009, through February 28, 2010.
    Daily Bag Limit: Seven ducks including no more than four of any one 
species (only one of which may be a hen eider).
Woodcock
    Season Dates: Open October 13, through November 28, 2009.
    Daily Bag Limit: 3 woodcock.
Canada Geese
    Season Dates: Open September 14, 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, 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.
* * * * *

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

Ducks (including mergansers)
    Season Dates: Open October 10, through November 30, 2009.
    Daily Bag and Possession Limits: The daily bag limit is seven, 
including no more than two hen mallards, two pintail, two redheads, one 
canvasback, and three scaup. The possession limit is twice the daily 
bag limit.
Canada Geese
    Season Dates: Open October 10, through November 30, 2009.
    Daily Bag and Possession Limits: Two and four, respectively.
    General Conditions: Tribal and nontribal hunters must comply with 
all basic Federal migratory bird hunting regulations in 50 CFR part 20 
regarding shooting hours and manner of taking. In addition, each 
waterfowl hunter 16 years of age or 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 Jicarilla Tribe also apply on the reservation.

(y) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only).

Ducks
    Season Dates: Open October 1, 2009, through January 31, 2010.
    Daily Bag and Possession Limits: 9 and 18 ducks, respectively.

[[Page 49297]]

Coots
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots.
Geese
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 9 and 18 geese, respectively.
    General: The Klamath Tribe provides its game management officers, 
biologists, and wildlife technicians with regulatory enforcement 
authority, and has a court system with judges that hear cases and set 
fines. Nontoxic shot is required. Shooting hours are one-half hour 
before sunrise to one-half hour after sunset.

(z) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall, 
Idaho (Nontribal Hunters).

Ducks and Mergansers
    Scaup Season Dates: Open October 3, 2009, through December 27, 
2009.
    Season Dates: Open October 3, 2009, through January 17, 2010.
    Daily Bag and Possession Limits: Seven ducks and mergansers, 
including no more than two hen mallards, two pintail, three scaup (when 
open), one canvasback, and two redheads. The possession limit is twice 
the daily bag limit.
Coots
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots. The possession limit is 
twice the daily bag limit.
Geese
    Season Dates: Open October 3, 2009, through January 17, 2010.
    Daily Bag and Possession Limits: 6 light geese and 4 dark geese. 
The possession limit is twice the daily bag limit.
Common Snipe
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
    General Conditions: Nontribal hunters must comply with all basic 
Federal migratory bird hunting regulations in 50 CFR part 20 regarding 
shooting hours and manner of taking. In addition, each waterfowl hunter 
16 years of age or older must possess a valid Migratory Bird Hunting 
and Conservation Stamp (Duck Stamp) signed in ink across the stamp 
face. Other regulations established by the Shoshone-Bannock Tribes also 
apply on the reservation.

(aa) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal 
Members Only).

Ducks (including mergansers)
    Season Dates: Open October 1, 2009, through February 15, 2010.
    Daily Bag and Possession Limits: 10 ducks, including no more than 7 
mallards of which only 3 hen mallards, 3 pintail, 3 canvasback, 3 
scaup, and 3 redheads. The possession limit is twice the daily bag 
limit.
Coot
    Season Dates: October 1, 2009, through January 31, 2010.
    Daily Bag and Possession Limits: 25 and 50, respectively.
Geese
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 6 and 12, respectively.
Brant
    Season Dates: Open October 1, 2009, through January 31, 2010.
    Daily Bag and Possession Limits: 3 and 6, respectively.
Snipe
    Season Dates: Open October 1, 2009, through January 21, 2010.
    Daily Bag and Possession Limits: 10 and 20, respectively.
    Tribal members hunting on lands will observe all basic Federal 
migratory bird hunting regulations found in 50 CFR part 20, which will 
be enforced by the Stillaguamish Tribal Law Enforcement. Tribal members 
are required to use steel shot or a nontoxic shot as required by 
Federal regulations.

(bb) Swinomish Indian Tribal Community, LaConner, Washington (Tribal 
Members Only).

Tribal Hunters within Swinomish, Lower Skagit, Kikialous, and Samish 
Ceded Lands
Ducks (including mergansers)
    Season Dates: Open September 26, 2009, through February 10, 2010.
    Daily Bag and Possession Limits: 10 ducks and mergansers, including 
no more than 5 hen mallards, 5 pintail, 6 canvasback, 6 scaup, and 5 
redheads. The possession limit is twice the daily bag limit.
Coot
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 28 and 56, respectively.
Geese
    Season Dates: Open October 3, 2009, through February 17, 2010.
    Daily Bag and Possession Limits: 8 and 16, respectively.
Brant
    Season Dates: Open October 3, 2009, through November 18, 2010.
    Daily Bag and Possession Limits: 5 and 10, respectively.
Tribal Hunters on Swinomish, Lower Skagit, Kikialous, and Samish 
Reservation Lands
Ducks (including mergansers)
    Season Dates: Open September 26, 2009, through March 9, 2010.
    Daily Bag and Possession Limits: 10 ducks and mergansers, including 
no more than 5 hen mallards, 5 pintail, 6 canvasback, 6 scaup, and 5 
redheads. The possession limit is twice the daily bag limit.
Coot
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 28 and 56, respectively.
Geese
    Season Dates: Open October 3, 2009, through March 9, 2010.
    Daily Bag and Possession Limits: 8 and 16, respectively.
Brant
    Season Dates: Open October 3, 2009, through March 9, 2010.
    Daily Bag and Possession Limits: 5 and 10, respectively.
    Tribal members hunting on lands under this proposal will observe 
all basic Federal migratory bird hunting regulations found in 50 CFR 
part 20, which will be enforced by the Swinomish Lower Skagit, 
Kikialous, and Samish Tribal Law Enforcement. Tribal members are 
required to use steel shot or a nontoxic shot as required by Federal 
regulations.

    Dated: September 16, 2009.
Thomas L. Strickland,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E9-23034 Filed 9-24-09; 8:45 am
BILLING CODE 4310-55-S