Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2010-11 Season, 47682-47698 [2010-19433]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 75, Number 151 (Friday, August 6, 2010)]
[Proposed Rules]
[Pages 47682-47698]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19433]



[[Page 47681]]

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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 20



Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on 
Certain Federal Indian Reservations and Ceded Lands for the 2010-11 
Season; Proposed Rule

Federal Register / Vol. 75 , No. 151 / Friday, August 6, 2010 / 
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[Docket No. FWS-R9-MB-2010-0040; 91200-1231-9BPP-L2]
RIN 1018-AX06


Migratory Bird Hunting; Proposed Migratory Bird Hunting 
Regulations on Certain Federal Indian Reservations and Ceded Lands for 
the 2010-11 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (hereinafter, Service or 
we) proposes special migratory bird hunting regulations for certain 
Tribes on Federal Indian reservations, off-reservation trust lands, and 
ceded lands for the 2010-11 migratory bird hunting season.

DATES: We will accept all comments on the proposed regulations that are 
postmarked or received in our office by August 16, 2010.

ADDRESSES: You may submit comments on the proposals by one of the 
following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments on docket number FWS-
R9-MB-2010-0040.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R9-MB-2010-0040; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, 
Suite 222; Arlington, VA 22203.
    We will not accept e-mail or faxes. We will post all comments on 
https://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments section 
below for more information).

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

SUPPLEMENTARY INFORMATION: In the May 13, 2010, Federal Register (75 FR 
27144), we requested proposals from Indian Tribes wishing to establish 
special migratory bird hunting regulations for the 2010-11 hunting 
season, under the guidelines described in the June 4, 1985, Federal 
Register (50 FR 23467). In this supplemental proposed rule, we propose 
special migratory bird hunting regulations for 29 Indian Tribes, based 
on the input we received in response to the May 13, 2010, proposed 
rule, and our previous rules. As described in that proposed rule, the 
promulgation of annual migratory bird hunting regulations involves a 
series of rulemaking actions each year. This proposed rule is part of 
that series.
    We developed the guidelines for establishing special migratory bird 
hunting regulations for Indian Tribes in response to tribal requests 
for recognition of their reserved hunting rights and, for some Tribes, 
recognition of their authority to regulate hunting by both tribal and 
nontribal hunters on their reservations. The guidelines include 
possibilities for:
    (1) On-reservation hunting by both tribal and nontribal hunters, 
with hunting by nontribal hunters on some reservations to take place 
within Federal frameworks but on dates different from those selected by 
the surrounding State(s);
    (2) On-reservation hunting by tribal members only, outside of the 
usual Federal frameworks for season dates and length, and for daily bag 
and possession limits; and
    (3) Off-reservation hunting by tribal members on ceded lands, 
outside of usual framework dates and season length, with some added 
flexibility in daily bag and possession limits.
    In all cases, the regulations established under the guidelines must 
be consistent with the March 10 to September 1 closed season mandated 
by the 1916 Convention between the United States and Great Britain (for 
Canada) for the Protection of Migratory Birds (Treaty). The guidelines 
apply to those Tribes having recognized reserved hunting rights on 
Federal Indian reservations (including off-reservation trust lands) and 
on ceded lands. They also apply to establishing migratory bird hunting 
regulations for nontribal hunters on all lands within the exterior 
boundaries of reservations where Tribes have full wildlife management 
authority over such hunting or where the Tribes and affected States 
otherwise have reached agreement over hunting by nontribal hunters on 
lands owned by non-Indians within the reservation.
    Tribes usually have the authority to regulate migratory bird 
hunting by nonmembers on Indian-owned reservation lands, subject to 
Service approval. The question of jurisdiction is more complex on 
reservations that include lands owned by non-Indians, especially when 
the surrounding States have established or intend to establish 
regulations governing hunting by non-Indians on these lands. In such 
cases, we encourage the Tribes and States to reach agreement on 
regulations that would apply throughout the reservations. When 
appropriate, we will consult with a Tribe and State with the aim of 
facilitating an accord. We also will consult jointly with tribal and 
State officials in the affected States where Tribes wish to establish 
special hunting regulations for tribal members on ceded lands. Because 
of past questions regarding interpretation of what events trigger the 
consultation process, as well as who initiates it, we provide the 
following clarification. We routinely provide copies of Federal 
Register publications pertaining to migratory bird management to all 
State Directors, Tribes, and other interested parties. It is the 
responsibility of the States, Tribes, and others to notify us of any 
concern regarding any feature(s) of any regulations. When we receive 
such notification, we will initiate consultation.
    Our guidelines provide for the continued harvest of waterfowl and 
other migratory game birds by tribal members on reservations where such 
harvest has been a customary practice. We do not oppose this harvest, 
provided it does not take place during the closed season defined by the 
Treaty, and does not adversely affect the status of the migratory bird 
resource. Before developing the guidelines, we reviewed available 
information on the current status of migratory bird populations, 
reviewed the current status of migratory bird hunting on Federal Indian 
reservations, and evaluated the potential impact of such guidelines on 
migratory birds. We concluded that the impact of migratory bird harvest 
by tribal members hunting on their reservations is minimal.
    One area of interest in Indian migratory bird hunting regulations 
relates to hunting seasons for nontribal hunters on dates that are 
within Federal frameworks, but which are different from those 
established by the State(s) where the reservation is located. A large 
influx of nontribal hunters onto a reservation at a time when the 
season is closed in the surrounding State(s) could result in adverse 
population impacts on one or more migratory bird species. The 
guidelines make this unlikely, however, because tribal proposals must 
include:
    (a) Harvest anticipated under the requested regulations;
    (b) Methods that will be employed to measure or monitor harvest 
(such as bag checks, mail questionnaires, etc.);
    (c) Steps that will be taken to limit level of harvest, where it 
could be shown that failure to limit such harvest would adversely 
impact the migratory bird resource; and

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

Service Migratory Bird Regulations Committee Meetings

    Participants at the June 23-24, 2010, meetings reviewed information 
on the current status of migratory shore and upland game birds and 
developed 2010-11 migratory game bird regulations recommendations for 
these species plus regulations for migratory game birds in Alaska, 
Puerto Rico, and the U.S. Virgin Islands; special September waterfowl 
seasons in designated States; special sea duck seasons in the Atlantic 
Flyway; and extended falconry seasons. In addition, we reviewed and 
discussed preliminary information on the status of waterfowl.
    Participants at the previously announced July 28-29, 2010, meetings 
reviewed information on the current status of waterfowl and developed 
recommendations for the 2010-11 regulations pertaining to regular 
waterfowl seasons and other species and seasons not previously 
discussed at the early-season meetings. In accordance with Department 
of the Interior policy, these meetings were open to public observation 
and you may submit comments to the Service as discussed in the Public 
Comments section below.

Population Status and Harvest

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

Waterfowl Breeding and Habitat Survey

    Federal, provincial, and State agencies conduct surveys each spring 
to estimate the size of breeding populations and to evaluate the 
conditions of the habitats. These surveys are conducted using fixed-
wing aircraft, helicopters, and ground crews and encompass principal 
breeding areas of North America, covering an area over 2.0 million 
square miles. The traditional survey area comprises Alaska, Canada, and 
the northcentral United States, and includes approximately 1.3 million 
square miles. The eastern survey area includes parts of Ontario, 
Quebec, Labrador, Newfoundland, Nova Scotia, Prince Edward Island, New 
Brunswick, New York, and Maine, an area of approximately 0.7 million 
square miles.
    Overall, habitat conditions during the 2010 Waterfowl Breeding 
Population and Habitat Survey were characterized by average to below-
average moisture and a mild winter and early spring across the entire 
traditional (including the northern locations) and eastern survey 
areas. The total pond estimate (Prairie Canada and U.S. combined) was 
6.7  0.2 million. This was similar to the 2009 estimate and 
34 percent above the long-term average of 5.0  0.03 million 
ponds.

Traditional Survey Area (U.S. and Canadian Prairies and Parklands)

    Conditions across the Canadian prairies were similar to 2009. 
Portions of southern Alberta, Saskatchewan, and Manitoba improved, but 
a large area along the Alberta and Saskatchewan border remained dry, 
and moisture levels in portions of Manitoba declined from last year. 
The 2010 estimate of ponds in Prairie Canada was 3.7  0.2 
million. This was similar to last year's estimate (3.6  0.1 
million) and to the 1955-2009 average (3.4  0.03 million). 
Residual water remains in the Parklands and these were classified as 
fair to good. Most of the Prairie-Parkland region of Canada received 
abundant to historically high levels of precipitation during and after 
the survey, which, while possibly flooding some nests, will produce 
excellent brood-rearing habitat for successful nesters and lessen the 
summer drawdown, leading to beneficial wetland conditions next spring.
    Wetland numbers and conditions remained fair to good in the eastern 
U.S. prairies, but habitat conditions declined through the western 
Dakotas and Montana. The 2010 pond estimate for the north-central 
United States was 2.9  0.1 million, which was similar to 
last year's estimate (2.9  0.1 million) and 87 percent 
above the long-term average (1.6  0.02 million). Fall and 
winter precipitation in the eastern Dakotas generally improved good 
habitat conditions already present. However, wetlands in the western 
Dakotas and Montana were not recharged, resulting in a deterioration of 
conditions from 2009 at the time the survey was conducted.

Bush (Alaska, Northern Manitoba, Northern Saskatchewan, Northwest 
Territories, Yukon Territory, Western Ontario)

    In the bush regions of the traditional survey area, spring breakup 
was early. Unlike in 2009, the majority of habitats were ice-free for 
arriving waterfowl. Habitat of most of the bush region, with the 
exception of Alaska and the Northwest Territories, was classified as 
fair due to below-average moisture, but the early spring should benefit 
waterfowl across the entire area.

Eastern Survey Area

    The boreal forest and Canadian Maritimes of the eastern survey area 
experienced an early spring as well. Much of southern Quebec and 
Ontario were classified as poor to fair due to dry conditions, with the 
exception of an area of adequate moisture in west-central Ontario. More 
northern boreal forest locations benefited from near-normal 
precipitation and early ice-free conditions. Although winter 
precipitation from southwestern Ontario along the St. Lawrence River 
Valley and into Maine was below average, waterfowl habitat was 
classified as good to excellent, as in 2009. The James and Hudson Bay 
Lowlands of Ontario (strata 57-59) were not surveyed in 2010, but 
reports indicated an early spring in these locations as well.

Status of Teal

    The estimate of blue-winged teal from the traditional survey area 
is 6.3 million. This represents a 14.0 percent decrease from 2009 and 
is 36 percent above the 1955-2009 average.

Sandhill Cranes

    Compared to increases recorded in the 1970s, annual indices to 
abundance of the Mid-Continent Population (MCP) of sandhill cranes have 
been relatively stable since the early 1980s. The spring

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2010 index for sandhill cranes in the Central Platte River Valley, 
Nebraska, uncorrected for visibility bias, was 451,024 birds. The 
photo-corrected, 3-year average for 2007-09 was 498,420, which is above 
the established population-objective range of 349,000-472,000 cranes.
    All Central Flyway States, except Nebraska, allowed crane hunting 
in portions of their States during 2009-10. An estimated 7,394 hunters 
participated in these seasons, which was 23 percent lower than the 
number that participated in the previous season. Hunters harvested 
15,282 MCP cranes in the U.S. portion of the Central Flyway during the 
2009-10 seasons, which was 34 percent lower than the estimated harvest 
for the previous year but 6 percent higher than the long-term average. 
The retrieved harvest of MCP cranes in hunt areas outside of the 
Central Flyway (Arizona, Pacific Flyway portion of New Mexico, Alaska, 
Canada, and Mexico combined) was 7,304 during 2009-10. The preliminary 
estimate for the North American MCP sport harvest, including crippling 
losses, was 25,731 birds, which was a 39 percent decrease from the 
previous year's estimate. The long-term (1982-2008) trends for the MCP 
indicate that harvest has been increasing at a higher rate than 
population growth.
    The fall 2008 pre-migration survey for the Rocky Mountain 
Population (RMP) resulted in a count of 20,321 cranes. The 3-year 
average was 21,433 sandhill cranes, which is above the established 
population objective of 17,000-21,000 for the RMP. Hunting seasons 
during 2009-10 in portions of Arizona, Idaho, Montana, New Mexico, 
Utah, and Wyoming resulted in a record-high harvest of 1,392 RMP 
cranes, a 49 percent increase from the harvest of 936 in 2008-09.
    The Lower Colorado River Valley Population (LCRVP) survey results 
indicate a slight decrease from 2,401 birds in 2008 to 2,264 birds in 
2009. The 3-year average of 2,847 LCRVP cranes is based on counts from 
2007, 2009, and 2010 (survey was not complete in 2008) and is above the 
population objective of 2,500.

Woodcock

    Singing-ground and Wing-collection Surveys were conducted to assess 
the population status of the American woodcock (Scolopax minor). The 
Singing-ground Survey is intended to measure long-term changes in 
woodcock population levels. Singing-ground Survey data for 2010 
indicate that the number of singing male woodcock in the Eastern and 
Central Management Regions were unchanged from 2009. There was no 
significant 10-year trend in woodcock heard in the Eastern Management 
Region during 2000-10, which marks the seventh consecutive year that 
the 10-year trend estimate for the Eastern Region was stable. The 10-
year trend in the Central Region indicated a statistically significant 
decline after being stable last year. There were long-term (1968-2010) 
declines of 1.0 percent per year in both management regions. Wing-
collection Survey data indicate that the 2009 recruitment index for the 
U.S. portion of the Eastern Region (1.5 immatures per adult female) was 
9 percent lower than the 2008 index, and 12 percent lower than the 
long-term average. The recruitment index for the U.S. portion of the 
Central Region (1.2 immatures per adult female) was 20 percent lower 
than the 2008 index and 26 percent below the long-term average.

Band-Tailed Pigeons

    Two subspecies of band-tailed pigeon occur north of Mexico and they 
are managed as two separate populations in the United States: the 
Interior Population and the Pacific Population. Information on the 
abundance and harvest of band-tailed pigeons is collected annually in 
the western United States and British Columbia. Abundance information 
comes from the Breeding Bird Survey (BBS) and, for the Pacific 
Population, the BBS and the Pacific Coast Mineral Site Survey. Annual 
counts of Interior band-tailed pigeons seen and heard per route 
declined since implementation of the BBS in 1966. Over the past 10 
years indices have declined, but the evidence of a trend for this time 
period is weak. The 2009 harvest of Interior band-tailed pigeons was 
estimated to be 5,000 birds. BBS counts of Pacific Coast band-tailed 
pigeons seen and heard per route have also declined since 1966, as well 
as over the past 10 years; however, the credible interval for the more 
recent trend estimate includes zero. According to the Pacific Coast 
Mineral Site Survey, annual counts of Pacific Coast band-tailed pigeons 
seen at mineral sites have decreased since the survey became 
operational in 2004, but credible intervals include zero. The 2009 
estimate of harvest for Pacific Coast band-tailed pigeons was 22,600 
birds.

Mourning Doves

    For the first time, in 2010, Mourning Dove Call-count Survey (CCS) 
data is being analyzed within a Bayesian hierarchical modeling 
framework, consistent with analysis methods for other long-term point 
count surveys such as the American Woodcock Singing-ground Survey and 
the North American Breeding Bird Survey. According to the analysis of 
the CCS, counts of mourning doves heard over the most recent 10 years 
(2001-10) increased in the Eastern Management Unit. There was no trend 
in mourning doves heard for the Central or Western Management Units. 
Over the 45-year period, 1966-2010, the number of mourning doves heard 
per route decreased in all three dove management units. The number of 
doves seen per route was also collected during the CCS. For the past 10 
years, there was no trend in doves seen for the Central and Western 
Management Units; however, there is evidence of an increasing trend in 
the Eastern Management Unit. Over 45 years, there was no evidence of a 
trend in doves seen in the Central Management Unit; however a positive 
trend is indicated for the Eastern Management Unit and a declining 
trend is indicated for the Western Management Unit. The preliminary 
2009 harvest estimate for the United States was 17,354,800 mourning 
doves.

White-Winged Doves

    Two States harbor substantial populations of white-winged dove 
population: Arizona and Texas. California and New Mexico have much 
smaller populations. The Arizona Game and Fish Department has monitored 
white-winged dove populations by means of a CCS to provide an annual 
index to population size. It runs concurrently with the Service's 
Mourning Dove CCS. The index of mean number of white-winged doves heard 
per route from this survey peaked at 52.3 in 1968, but then declined 
until about 2000. The index has stabilized at around 25 doves per route 
in the last few years; in 2010, the mean number of doves heard per 
route was 23.6. Arizona Game and Fish also historically monitored 
white-wing dove harvest. Harvest of white-winged doves in Arizona 
peaked in the late 1960s at approximately 740,000 birds and has since 
declined and stabilized at around 100,000 birds; the preliminary 2009 
Migratory Bird Harvest Information Program (HIP) estimate of harvest 
was 124,500 birds.
    In Texas, white-winged doves continue to expand their breeding 
range. Nesting by white-wing doves has been recorded in most counties, 
except for the northeastern part of the State. Nesting is essentially 
confined to urban areas, but appears to be expanding to exurban areas. 
Concomitant with this range expansion has been a continuing increase in 
white-wing dove abundance. A new distance-based sampling protocol

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was implemented for Central and South Texas in 2007, and has been 
expanded each year. In 2010, approximately 4,000 points were surveyed 
Statewide. Current year's survey data are being analyzed and abundance 
estimates will be available later this summer. The estimated harvest of 
white-wings in Texas in the 2008-2009 season was 1,259,300 birds. The 
Texas Parks and Wildlife Department continues to work to improve the 
scientific basis for management of white-winged doves.
    In California, available BBS data indicate an increasing trend in 
the population indices between 1968 and 2009. According to HIP surveys, 
the preliminary harvest estimate for 2009 was 66,100 white-winged doves 
in California. In New Mexico, available BBS data also indicate an 
increasing trend over the long term. In 2009, the estimated New Mexico 
harvest was 64,500 white-winged doves.

White-Tipped Doves

    White-tipped doves occur primarily south of the United States-
Mexico border, however, the species does occur in Texas. Monitoring 
information is presently limited. White-tipped doves are believed to be 
maintaining a relatively stable population in the Lower Rio Grande 
Valley of Texas. Distance-based sampling procedures implemented in 
Texas are also providing limited information on white-tipped dove 
abundance. Texas is working to improve the sampling frame to include 
the rural Rio Grande corridor in order to improve the utility of 
population indices. Annual estimates for white-tipped dove harvest in 
Texas averages between 3,000 and 4,000 birds.

Hunting Season Proposals From Indian Tribes and Organizations

    For the 2010-11 hunting season, we received requests from 24 Tribes 
and Indian organizations and propose seasons for 6 Tribes we usually 
hear from but have not yet received proposals. We actively solicit 
regulatory proposals from other tribal groups that are interested in 
working cooperatively for the benefit of waterfowl and other migratory 
game birds. We encourage Tribes to work with us to develop agreements 
for management of migratory bird resources on tribal lands.
    It should be noted that this proposed rule includes generalized 
regulations for both early- and late-season hunting. A final rule will 
be published in a late-August 2010 Federal Register that will include 
tribal regulations for the early-hunting season. Early seasons 
generally begin around September 1 each year and most commonly include 
such species as American woodcock, sandhill cranes, mourning doves, and 
white-winged doves. Late seasons generally begin on or around September 
24 and most commonly include waterfowl species.
    In this current rulemaking, because of the compressed timeframe for 
establishing regulations for Indian Tribes and because final frameworks 
dates and other specific information are not available, the regulations 
for many tribal hunting seasons are described in relation to the season 
dates, season length, and limits that will be permitted when final 
Federal frameworks are announced for early- and late-season 
regulations. For example, daily bag and possession limits for ducks on 
some areas are shown as the same as permitted in Pacific Flyway States 
under final Federal frameworks, and limits for geese will be shown as 
the same permitted by the State(s) in which the tribal hunting area is 
located.
    The proposed frameworks for early-season regulations were published 
in the Federal Register on July 29, 2010 (75 FR 44856); early-season 
final frameworks will be published in late August. Proposed late-season 
frameworks for waterfowl and coots will be published in mid-August, and 
the final frameworks for the late seasons will be published in mid-
September. We will notify affected Tribes of season dates, bag limits, 
etc., as soon as final frameworks are established. As previously 
discussed, no action is required by Tribes wishing to observe migratory 
bird hunting regulations established by the State(s) where they are 
located. The proposed regulations for the 30 Tribes that meet the 
established criteria are shown below.

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

    The Colorado River Indian Reservation is located in Arizona and 
California. The Tribes own almost all lands on the reservation, and 
have full wildlife management authority.
    In their 2010-11 proposal, the Colorado River Indian Tribes 
requested split dove seasons. They propose that their early season 
begin September 1 and end September 15, 2010. Daily bag limits would be 
10 mourning or white-winged doves in the aggregate. The late season for 
doves is proposed to open November 12, 2010, and close December 26, 
2010. The daily bag limit would be 10 mourning doves. The possession 
limit would be twice the daily bag limit after the first day of the 
season. Shooting hours would be from one-half hour before sunrise to 
noon in the early season and until sunset in the late season. Other 
special tribally set regulations would apply.
    The Tribes also propose duck hunting seasons. The season would open 
October 9, 2010, and run until January 23, 2011. The Tribes propose the 
same season dates for mergansers, coots, and common moorhens. The daily 
bag limit for ducks, including mergansers, would be seven, except that 
the daily bag limits could contain no more than two hen mallards, two 
redheads, two Mexican ducks, two goldeneye, three scaup, one pintail, 
and two cinnamon teal. The season on canvasback is closed. The 
possession limit would be twice the daily bag limit after the first day 
of the season. The daily bag and possession limit for coots and common 
moorhens would be 25, singly or in the aggregate.
    For geese, the Colorado River Indian Tribes propose a season of 
October 16, 2010, through January 23, 2011. The daily bag limit for 
geese would be three light geese and three dark geese. The possession 
limit would be six light geese and six dark geese after opening day.
    In 1996, the Tribes conducted a detailed assessment of dove 
hunting. Results showed approximately 16,100 mourning doves and 13,600 
white-winged doves were harvested by approximately 2,660 hunters who 
averaged 1.45 hunter-days. Field observations and permit sales indicate 
that fewer than 200 hunters participate in waterfowl seasons. Under the 
proposed regulations described here and based upon past seasons, we and 
the Tribes estimate harvest will be similar.
    Hunters must have a valid Colorado River Indian Reservation hunting 
permit and a Federal Migratory Bird Stamp in their possession while 
hunting. Other special tribally set regulations would apply. As in the 
past, the regulations would apply both to tribal and nontribal hunters, 
and nontoxic shot is required for waterfowl hunting.
    We propose to approve the Colorado River Indian Tribes regulations 
for the 2010-11 hunting season, given the seasons dates fall within 
final flyway frameworks (applies to nontribal hunters only).

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

    For the past several years, the Confederated Salish and Kootenai 
Tribes and the State of Montana have entered into cooperative 
agreements for the regulation of hunting on the Flathead Indian 
Reservation. The State and the Tribes are currently operating

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under a cooperative agreement signed in 1990 that addresses fishing and 
hunting management and regulation issues of mutual concern. This 
agreement enables all hunters to utilize waterfowl hunting 
opportunities on the reservation.
    As in the past, tribal regulations for nontribal hunters would be 
at least as restrictive as those established for the Pacific Flyway 
portion of Montana. Goose season dates would also be at least as 
restrictive as those established for the Pacific Flyway portion of 
Montana. Shooting hours for waterfowl hunting on the Flathead 
Reservation are sunrise to sunset. Steel shot or other federally 
approved nontoxic shots are the only legal shotgun loads on the 
reservation for waterfowl or other game birds.
    For tribal members, the Tribe proposes outside frameworks for ducks 
and geese of September 1, 2010, through March 9, 2011. Daily bag and 
possession limits were not proposed for tribal members.
    The requested season dates and bag limits are similar to past 
regulations. Harvest levels are not expected to change significantly. 
Standardized check station data from the 1993-94 and 1994-95 hunting 
seasons indicated no significant changes in harvest levels and that the 
large majority of the harvest is by nontribal hunters.
    We propose to approve the Tribes' request for special migratory 
bird regulations for the 2010-11 hunting season.

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

    Since 1996, the Service and the Fond du Lac Band of Lake Superior 
Chippewa Indians have cooperated to establish special migratory bird 
hunting regulations for tribal members. The Fond du Lac's May 26, 2010, 
proposal covers land set apart for the band under the Treaties of 1837 
and 1854 in northeast and east-central Minnesota and the Band's 
Reservation near Duluth.
    The band's proposal for 2010-11 is essentially the same as that 
approved last year with separate regulations for the 1854 and 1837 
ceded territories and reservation lands. The proposed 2010-11 waterfowl 
hunting season regulations for Fond du Lac are as follows:

Ducks

A. 1854 and 1837 Ceded Territories
    Season Dates: Begin September 18 and end November 28, 2010.
    Daily Bag Limit: 18 ducks, including no more than 12 mallards (only 
3 of which may be hens), 3 black ducks, 6 scaup, 6 wood ducks, 6 
redheads, 3 pintails, and 3 canvasbacks.
B. Reservation
    Season Dates: Begin September 4 and end November 28, 2010.
    Daily Bag Limit: 12 ducks, including no more than 8 mallards (only 
2 of which may be hens), 2 black duck, 4 scaup, 4 redhead, 2 pintail, 4 
wood duck, and 2 canvasback.

Mergansers

A. 1854 and 1837 Ceded Territories
    Season Dates: Begin September 18 and end November 28, 2010.
    Daily Bag Limit: 15 mergansers, including no more than 6 hooded 
mergansers.
B. Reservation
    Season Dates: Begin September 4 and end November 28, 2010.
    Daily Bag Limit: 10 mergansers, including no more than 4 hooded 
mergansers.
    Canada Geese: All Areas:
    Season Dates: Begin September 1 and end November 28, 2010.
    Daily Bag Limit: 20 geese.

Coots and Common Moorhens (Common Gallinules)

A. 1854 and 1837 Ceded Territories
    Season Dates: Begin September 18 and end November 28, 2010.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.
B. Reservation
    Season Dates: Begin September 4 and end November 28, 2010.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.
    Sora and Virginia Rails: All Areas:
    Season Dates: Begin September 1 and end November 28, 2010.
    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 28, 2010.
    Daily Bag Limit: Eight common snipe.
    Woodcock: All Areas:
    Season Dates: Begin September 1 and end November 28, 2010.
    Daily Bag Limit: Three woodcock.
    Mourning Dove: All Areas
    Season Dates: Begin September 1 and end October 30, 2010.
    Daily Bag Limit: 30 mourning doves.
    The following general conditions apply:
    1. While hunting waterfowl, a tribal member must carry on his/her 
person a valid Ceded Territory License.
    2. Shooting hours for migratory birds are one-half hour before 
sunrise to one-half hour after sunset.
    3. Except as otherwise noted, tribal members will be required to 
comply with tribal codes that will be no less restrictive than the 
provisions of Chapter 10 of the Model Off-Reservation Code. Except as 
modified by the Service rules adopted in response to this proposal, 
these amended regulations parallel Federal requirements in 50 CFR part 
20 as to hunting methods, transportation, sale, exportation, and other 
conditions generally applicable to migratory bird hunting.
    4. Band members in each zone will comply with State regulations 
providing for closed and restricted waterfowl hunting areas.
    5. There are no possession limits on any species, unless otherwise 
noted above. For purposes of enforcing bag limits, all migratory birds 
in the possession or custody of band members on ceded lands will be 
considered to have been taken on those lands unless tagged by a tribal 
or State conservation warden as having been taken on-reservation. All 
migratory birds that fall on reservation lands will not count as part 
of any off-reservation bag or possession limit.
    The band anticipates harvest will be fewer than 500 ducks and 
geese.
    We propose to approve the request for special migratory bird 
hunting regulations for the Fond du Lac Band of Lake Superior Chippewa 
Indians.

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

    In the 1995-96 migratory bird seasons, the Grand Traverse Band of 
Ottawa and Chippewa Indians and the Service first cooperated to 
establish special regulations for waterfowl. The Grand Traverse Band is 
a self-governing, federally recognized Tribe located on the west arm of 
Grand Traverse Bay in Leelanau County, Michigan. The Grand Traverse 
Band is a signatory Tribe of the Treaty of 1836. We have approved 
special regulations for tribal members of the 1836 treaty's signatory 
Tribes on ceded lands in Michigan since the 1986-87 hunting season.
    For the 2010-11 season, the Tribe requests that the tribal member 
duck season run from September 18, 2010, through January 18, 2011. A 
daily bag limit of 20 would include no more than 5 pintail, 3 
canvasback, 1 hooded merganser, 5 black ducks, 5 wood ducks, 3 
redheads, and 9 mallards (only 4 of which may be hens).
    For Canada and snow geese, the Tribe proposes a September 1 through

[[Page 47687]]

November 30, 2010, and a January 1 through February 8, 2011, season. 
For white-fronted geese and brant, the Tribe proposes a September 20 
through November 30, 2010, season. The daily bag limit for Canada and 
snow geese would be 10, and the daily bag limit for white-fronted geese 
including brant would be 5 birds. We further note that based on 
available data (of major goose migration routes), it is unlikely that 
any Canada geese from the Southern James Bay Population will be 
harvested by the Tribe.
    For woodcock, the Tribe proposes a September 1 through November 14, 
2010, season. The daily bag limit will not exceed five birds. For 
mourning doves, snipe, and rails, the Tribe proposes a September 1 
through November 14, 2010, season. The daily bag limit would be 10 per 
species.
    All other Federal regulations contained in 50 CFR part 20 would 
apply. The Tribe proposes to monitor harvest closely through game bag 
checks, patrols, and mail surveys. Harvest surveys from the 2006-07 
hunting season indicated that approximately 15 tribal hunters harvested 
an estimated 112 ducks and 50 Canada geese.
    We propose to approve the Grand Traverse Band of Ottawa and 
Chippewa Indians requested 2010-11 special migratory bird hunting 
regulations.

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

    Since 1985, various bands of the Lake Superior Tribe of Chippewa 
Indians have exercised judicially recognized off-reservation hunting 
rights for migratory birds in Wisconsin. The specific regulations were 
established by the Service in consultation with the Wisconsin 
Department of Natural Resources and the Great Lakes Indian Fish and 
Wildlife Commission. (GLIFWC is an intertribal agency exercising 
delegated natural resource management and regulatory authority from its 
member Tribes in portions of Wisconsin, Michigan, and Minnesota.) 
Beginning in 1986, a Tribal season on ceded lands in the western 
portion of the Michigan Upper Peninsula was developed in coordination 
with the Michigan Department of Natural Resources. We have approved 
regulations for Tribal members in both Michigan and Wisconsin since the 
1986-87 hunting season. In 1987, GLIFWC requested, and we approved, 
regulations to permit Tribal members to hunt on ceded lands in 
Minnesota, as well as in Michigan and Wisconsin. The States of Michigan 
and Wisconsin originally concurred with the regulations, although both 
Wisconsin and Michigan have raised various concerns over the years. 
Minnesota did not concur with the original regulations, stressing that 
the State would not recognize Chippewa Indian hunting rights in 
Minnesota's treaty area until a court with jurisdiction over the State 
acknowledges and defines the extent of these rights. In 1999, the U.S. 
Supreme Court upheld the existence of the tribes' treaty reserved 
rights in Minnesota v. Mille Lacs Band, 526 U.S. 172 (1999).
    We acknowledge all of the States' concerns, but point out that the 
U.S. Government has recognized the Indian treaty reserved rights, and 
that acceptable hunting regulations have been successfully implemented 
in Minnesota, Michigan, and Wisconsin. Consequently, in view of the 
above, we have approved regulations since the 1987-88 hunting season on 
ceded lands in all three States. In fact, this recognition of the 
principle of treaty reserved rights for band members to hunt and fish 
was pivotal in our decision to approve a season in 1991-92 for the 1836 
ceded area in Michigan. Since then, in the 2007 Consent Decree the 1836 
Treaty Tribes' and Michigan Department of Natural Resources and 
Environment established court approved regulations pertaining to off-
reservation hunting rights for migratory birds.
    For 2010, the GLIFWC proposed off-reservation special migratory 
bird hunting regulations on behalf of the member Tribes of the Voigt 
Intertribal Task Force of the GLIFWC (for the 1837 and 1842 Treaty 
areas) and the Bay Mills Indian Community (for the 1836 Treaty area). 
Member Tribes of the Task Force are: the Bad River Band of the Lake 
Superior Tribe of Chippewa Indians, the Lac Courte Oreilles Band of 
Lake Superior Chippewa Indians, the Lac du Flambeau Band of Lake 
Superior Chippewa Indians, the Red Cliff Band of Lake Superior Chippewa 
Indians, the St. Croix Chippewa Indians of Wisconsin, the Sokaogon 
Chippewa Community (Mole Lake Band), all in Wisconsin; the Mille Lacs 
Band of Chippewa Indians in Minnesota; the Lac Vieux Desert Band of 
Chippewa Indians, and the Keweenaw Bay Indian Community in Michigan.
    The GLIFWC 2010 proposal is generally similar to last year's 
regulations.
    Harvest surveys conducted after the 1996, 1997, 1998, 2001, 2004, 
2007, and 2008 tribal seasons indicate that tribal off-reservation 
harvest has averaged approximately 1,050 ducks and 200 geese annually 
during this period. The Tribe expects harvest would likely remain below 
2,000 ducks and 500 geese, which is similar to anticipated levels in 
previous years. Due to the limited distribution of doves and dove 
habitat in the ceded territory, and the relatively small number of 
tribal off-reservation migratory bird hunters, dove harvest is 
negligible.
    The proposed 2010-11 waterfowl hunting season regulations apply to 
all treaty areas (accept where noted) for GLIFWC are as follows:

Ducks

    Season Dates: Begin September 15 and end December 31, 2010.
    Daily Bag Limit: 30 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, 2010.
    Daily Bag Limit: 10 mergansers.

Geese

    Season Dates: Begin September 1 and end December 31, 2010. In 
addition, any portion of the ceded territory that is open to State-
licensed hunters for goose hunting outside of these dates will also be 
open concurrently for tribal members.
    Daily Bag Limit: 20 geese in aggregate.

Other Migratory Birds

A. Coots and Common Moorhens (Common Gallinules)
    Season Dates: Begin September 15 and end December 31, 2010.
    Daily Bag Limit: 20 coots and common moorhens (common gallinules), 
singly or in the aggregate.
B. Sora and Virginia Rails
    Season Dates: Begin September 15 and end December 31, 2010.
    Daily Bag Limit: 20, singly or in the aggregate.
C. Common Snipe
    Season Dates: Begin September 15 and end December 31, 2010.
    Daily Bag Limit: 16 common snipe.
D. Woodcock
    Season Dates: Begin September 7 and end December 1, 2010.
    Daily Bag Limit: 10 woodcock.
E. Mourning Dove
    1837 and 1842 Ceded Territories.
    Season Dates: Begin September 1 and end November 9, 2010.
    Daily Bag Limit: 15 mourning doves.

General Conditions

    A. All tribal members will be required to obtain a valid tribal 
waterfowl hunting permit.

[[Page 47688]]

    B. Except as otherwise noted, tribal members will be required to 
comply with tribal codes that will be no less restrictive than the 
model ceded territory conservation codes approved by Federal courts in 
the Lac Courte Oreilles v. State of Wisconsin (Voigt) and Mille Lacs 
Band v. State of Minnesota cases. Chapter 10 in each of these model 
codes regulates ceded territory migratory bird hunting. Both versions 
of Chapter 10 parallel Federal requirements as to hunting methods, 
transportation, sale, exportation, and other conditions generally 
applicable to migratory bird hunting. They also automatically 
incorporate by reference the Federal migratory bird regulations adopted 
in response to this proposal.
    C. Particular regulations of note include:
    1. Nontoxic shot will be required for all waterfowl hunting by 
tribal members.
    2. Tribal members in each zone will comply with tribal regulations 
providing for closed and restricted waterfowl hunting areas. These 
regulations generally incorporate the same restrictions contained in 
parallel State regulations.
    3. Possession limits for each species are double the daily bag 
limit, except on the opening day of the season, when the possession 
limit equals the daily bag limit, unless otherwise noted above.
    Possession limits are applicable only to transportation and do not 
include birds that are cleaned, dressed, and at a member's primary 
residence. For purposes of enforcing bag and possession limits, all 
migratory birds in the possession and custody of tribal members on 
ceded lands will be considered to have been taken on those lands unless 
tagged by a tribal or State conservation warden as taken on reservation 
lands. All migratory birds that fall on reservation lands will not 
count as part of any off-reservation bag or possession limit.
    4. The baiting restrictions included in the respective section 
10.05(2)(h) of the model ceded territory conservation codes will be 
amended to include language which parallels that in place for nontribal 
members as published at 64 FR 29799, June 3, 1999.
    5. The shell limit restrictions included in the respective section 
10.05(2)(b) of the model ceded territory conservation codes will be 
removed.
    6. Hunting hours shall be from a half hour before sunrise to 15 
minutes after sunset.
    D. Michigan--Duck Blinds and Decoys. Tribal members hunting in 
Michigan will comply with tribal codes that contain provisions parallel 
to Michigan law regarding duck blinds and decoys.
    We propose to approve the GLIFWC regulations for the 2010-11 
hunting season.

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

    The Jicarilla Apache Tribe has had special migratory bird hunting 
regulations for tribal members and nonmembers since the 1986-87 hunting 
season. The Tribe owns all lands on the reservation and has recognized 
full wildlife management authority. In general, the proposed seasons 
would be more conservative than allowed by the Federal frameworks of 
last season and by States in the Pacific Flyway.
    The Tribe proposed a 2010-11 waterfowl and Canada goose season 
beginning October 9, 2010, and a closing date of November 30, 2010. 
Daily bag and possession limits for waterfowl would be the same as 
Pacific Flyway States. The Tribe proposes a daily bag limit for Canada 
geese of two. Other regulations specific to the Pacific Flyway 
guidelines for New Mexico would be in effect.
    During the Jicarilla Game and Fish Department's 2009-10 season, 
estimated duck harvest was 438, which is within the historical harvest 
range. The species composition in the past has included mainly 
mallards, gadwall, wigeon, and teal. Northern pintail comprised less 
than one percent of the total harvest in 2009. The estimated harvest of 
geese was 12 birds.
    The proposed regulations are essentially the same as were 
established last year. The Tribe anticipates the maximum 2010-11 
waterfowl harvest would be around 500 ducks and 25-30 geese.
    We propose to approve the Tribe's requested 2010-11 hunting 
seasons.

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

    The Kalispel Reservation was established by Executive Order in 
1914, and currently comprises approximately 4,600 acres. The Tribe owns 
all Reservation land and has full management authority. The Kalispel 
Tribe has a fully developed wildlife program with hunting and fishing 
codes. The Tribe enjoys excellent wildlife management relations with 
the State. The Tribe and the State have an operational Memorandum of 
Understanding with emphasis on fisheries but also for wildlife.
    The nontribal member seasons described below pertain to a 176-acre 
waterfowl management unit and 800 acres of reservation land with a 
guide for waterfowl hunting. The Tribe is utilizing this opportunity to 
rehabilitate an area that needs protection because of past land use 
practices, as well as to provide additional waterfowl hunting in the 
area. Beginning in 1996, the requested regulations also included a 
proposal for Kalispel-member-only migratory bird hunting on Kalispel-
ceded lands within Washington, Montana, and Idaho.
    For the 2010-11 migratory bird hunting seasons, the Kalispel Tribe 
proposed tribal and nontribal member waterfowl seasons. The Tribe 
requests that both duck and goose seasons open at the earliest possible 
date and close on the latest date under Federal frameworks.
    For nontribal hunters on reservation, the Tribe requests the 
seasons open at the earliest possible date and remain open, for the 
maximum amount of open days. Specifically, the Tribe requests that the 
season for ducks begin September 18, 2010, and end January 31, 2011. In 
that period, nontribal hunters would be allowed to hunt approximately 
101 days. Hunters should obtain further information on specific hunt 
days from the Kalispel Tribe.
    The Tribe also requests the season for geese run from September 1 
to September 13, 2010, and from October 2, 2010, to January 31, 2011. 
Total number of days should not exceed 107. Nontribal hunters should 
obtain further information on specific hunt days from the Tribe. Daily 
bag and possession limits would be the same as those for the State of 
Washington.
    The Tribe reports a 2007-08 nontribal harvest of 80 ducks. Under 
the proposal, the Tribe expects harvest to be similar to last year and 
less than 100 geese and 200 ducks.
    All other State and Federal regulations contained in 50 CFR part 
20, such as use of nontoxic shot and possession of a signed migratory 
bird hunting stamp, would be required.
    For tribal members on Kalispel-ceded lands, the Kalispel Tribe 
proposes season dates consistent with Federal flyway frameworks. 
Specifically, the Tribe requests outside frameworks for ducks of 
October 1, 2010, through January 31, 2011, and for geese of September 
1, 2010, through January 31, 2011. The Tribe requests that both duck 
and goose seasons open at the earliest possible date and close on the 
latest date under Federal frameworks. During that period, the Tribe 
proposes that the season run continuously. Daily bag and possession 
limits would be concurrent with the Federal rule.

[[Page 47689]]

    The Tribe reports that there was no tribal harvest. Under the 
proposal, the Tribe expects harvest to be less than 200 birds for the 
season with less than 100 geese. Tribal members would be required to 
possess a signed Federal migratory bird stamp and a tribal ceded lands 
permit.
    We propose to approve the regulations requested by the Kalispel 
Tribe, provided that the nontribal seasons conform to Treaty 
limitations and final Federal frameworks for the Pacific Flyway.

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

    The Klamath Tribe currently has no reservation, per se. However, 
the Klamath Tribe has reserved hunting, fishing, and gathering rights 
within its former reservation boundary. This area of former 
reservation, granted to the Klamaths by the Treaty of 1864, is over 1 
million acres. Tribal natural resource management authority is derived 
from the Treaty of 1864, and carried out cooperatively under the 
judicially enforced Consent Decree of 1981. The parties to this Consent 
Decree are the Federal Government, the State of Oregon, and the Klamath 
Tribe. The Klamath Indian Game Commission sets the seasons. The tribal 
biological staff and tribal Regulatory Enforcement Officers monitor 
tribal harvest by frequent bag checks and hunter interviews.
    For the 2010-11 season, the Tribe requests proposed season dates of 
October 1, 2010, through January 31, 2011. Daily bag limits would be 9 
for ducks, 9 for geese, and 25 for coot, with possession limits twice 
the daily bag limit. Shooting hours would be one-half hour before 
sunrise to one-half hour after sunset. Steel shot is required.
    Based on the number of birds produced in the Klamath Basin, this 
year's harvest would be similar to last year's. Information on tribal 
harvest suggests that more than 70 percent of the annual goose harvest 
is local birds produced in the Klamath Basin.
    We propose to approve the Klamath Tribe's requested 2010-11 special 
migratory bird hunting regulations.

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

    The Leech Lake Band of Ojibwe is a federally recognized Tribe 
located in Cass Lake, Minnesota. The reservation employs conservation 
officers to enforce conservation regulations. The Service and the Tribe 
have cooperatively established migratory bird hunting regulations since 
2000.
    For the 2010-11 season, the Tribe requests a duck season starting 
on September 18 and ending December 31, 2010, and a goose season to run 
from September 1 through December 31, 2010. Daily bag limits for both 
ducks and geese would be 10. Possession limits would be twice the daily 
bag limit. Shooting hours are one-half hour before sunrise to one-half 
hour after sunset.
    The annual harvest by tribal members on the Leech Lake Reservation 
is estimated at 500-1,000 birds.
    We propose to approve the Leech Lake Band of Ojibwe's special 
migratory bird hunting season.

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

    The Little River Band of Ottawa Indians is a self-governing, 
federally recognized Tribe located in Manistee, Michigan, and a 
signatory Tribe of the Treaty of 1836. We have approved special 
regulations for tribal members of the 1836 treaty's signatory Tribes on 
ceded lands in Michigan since the 1986-87 hunting season. Ceded lands 
are located in Lake, Mason, Manistee, and Wexford Counties. The Band 
proposes the following regulations to govern the hunting of migratory 
birds by Tribal members within the 1836 Ceded Territory as well as on 
the Band's Reservation.
    For the 2010-11 season, we assume the Little River Band of Ottawa 
Indians would propose a duck and merganser season from September 15, 
2010, through January 20, 2011. A daily bag limit of 12 ducks would 
include no more than 2 pintail, 2 canvasback, 3 black duck, 3 wood 
ducks, 3 redheads, 6 mallards (only 2 of which may be a hen), and 1 
hooded merganser. Possession limits would be twice the daily bag limit.
    For white-fronted geese, snow geese, and brant, the Tribe usually 
proposes a September 20 through November 30, 2010, season. Daily bag 
limits would be five geese.
    For Canada geese only, the Tribe usually proposes a September 1, 
2010, through February 8, 2011, season with a daily bag limit of five 
Canada geese. The possession limit would be twice the daily bag limit.
    For snipe, woodcock, rails, and mourning doves, the Tribe usually 
proposes a September 1 to November 14, 2010, season. The daily bag 
limit would be 10 common snipe, 5 woodcock, 10 rails, and 10 mourning 
doves. Possession limits for all species would be twice the daily bag 
limit.
    The Tribe monitored harvest through mail surveys. General 
conditions were as follows:
    A. All tribal members will be required to obtain a valid tribal 
resource card and 2010-11 hunting license.
    B. Except as modified by the Service rules adopted in response to 
this proposal, these amended regulations parallel all Federal 
regulations contained in 50 CFR part 20.
    C. Particular regulations of note include:
    (1) Nontoxic shot will be required for all waterfowl hunting by 
tribal members.
    (2) Tribal members in each zone will comply with tribal regulations 
providing for closed and restricted waterfowl hunting areas. These 
regulations generally incorporate the same restrictions contained in 
parallel State regulations.
    D. Tribal members hunting in Michigan will comply with tribal codes 
that contain provisions parallel to Michigan law regarding duck blinds 
and decoys.
    We plan to approve Little River Band of Ottawa Indians' special 
migratory bird hunting seasons upon receipt of their proposal based on 
the provisions described above.

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

    The Little Traverse Bay Bands of Odawa Indians is a self-governing, 
federally recognized Tribe located in Petoskey, Michigan, and a 
signatory Tribe of the Treaty of 1836. We have approved special 
regulations for tribal members of the 1836 treaty's signatory Tribes on 
ceded lands in Michigan since the 1986-87 hunting season.
    For the 2010-11 season, the Little Traverse Bay Bands of Odawa 
Indians propose regulations similar to those of other Tribes in the 
1836 treaty area. The tribal member duck and merganser season would run 
from September 15, 2010, through January 31, 2011. A daily bag limit of 
20 would include no more than 5 pintail, 5 canvasback, 5 scaup, 5 
hooded merganser, 5 black ducks, 5 wood ducks, and 5 redheads.
    For Canada geese, the Tribe proposes a September 1, 2010, through 
February 8, 2011, season. The daily bag limit for Canada geese would be 
20 birds. We further note that based on available data (of major goose 
migration routes), it is unlikely that any Canada geese from the 
Southern James Bay Population would be harvested by the Tribe. 
Possession limits are twice the daily bag limit.
    For woodcock, the Tribe proposes a September 5, 2010, to December 
1, 2010,

[[Page 47690]]

season. The daily bag limit will not exceed 10 birds. For snipe, the 
Tribe proposes a September 15 to December 31, 2010, season. The daily 
bag limit will not exceed 16 birds. For mourning doves, the Tribe 
proposes a September 1 to November 9, 2010, season. The daily bag limit 
will not exceed 15 birds. For Virginia and sora rails, the Tribe 
proposes a September 1 to December 31, 2010, season. The daily bag 
limit will not exceed 20 birds per species. For coots and gallinules, 
the Tribe proposes a September 1 to December 31, 2010, season. The 
daily bag limit will not exceed 20 birds per species. The possession 
limit will not exceed 2 days' bag limit for all birds.
    All other Federal regulations contained in 50 CFR part 20 would 
apply.
    The Tribe proposes to monitor harvest closely through game bag 
checks, patrols, and mail surveys. In particular, the Tribe proposes 
monitoring the harvest of Southern James Bay Canada geese to assess any 
impacts of tribal hunting on the population.
    We propose to approve the Little Traverse Bay Bands of Odawa 
Indians' requested 2010-11 special migratory bird hunting regulations.

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

    The Lower Brule Sioux Tribe first established tribal migratory bird 
hunting regulations for the Lower Brule Reservation in 1994. The Lower 
Brule Reservation is about 214,000 acres in size and is located on and 
adjacent to the Missouri River, south of Pierre. Land ownership on the 
reservation is mixed, and until recently, the Lower Brule Tribe had 
full management authority over fish and wildlife via an MOA with the 
State of South Dakota. The MOA provided the Tribe jurisdiction over 
fish and wildlife on reservation lands, including deeded and Corps of 
Engineers-taken lands. For the 2010-11 season, the two parties have 
come to an agreement that provides the public a clear understanding of 
the Lower Brule Sioux Wildlife Department license requirements and 
hunting season regulations. The Lower Brule Reservation waterfowl 
season is open to tribal and nontribal hunters.
    For the 2010-11 migratory bird hunting season, the Lower Brule 
Sioux Tribe proposes a nontribal member duck, merganser, and coot 
season length of 97 days, or the maximum number of days allowed by 
Federal frameworks in the High Plains Management Unit for this season.
    The Tribe proposes a season from October 9, 2010, through January 
13, 2011. The daily bag limit would be six birds, including no more 
than one hen mallard, one pintail, two redheads, one canvasback, two 
wood ducks, two scaup, and one mottled duck. The daily bag limit for 
mergansers would be five, only two of which could be a hooded 
merganser. The daily bag limit for coots would be 15. Possession limits 
would be twice the daily bag limits.
    The Tribe's proposed nontribal member Canada goose season would run 
from October 30, 2010, through February 13, 2011 (107-day season 
length), with a daily bag limit of three Canada geese. The Tribe's 
proposed nontribal member white-fronted goose season would run from 
October 30, 2010, through January 7, 2011, and January 29 through 
February 13, 2011, with a daily bag limit of one white-fronted geese. 
The Tribe's proposed nontribal member light goose season would run from 
October 30, 2010, through January 10, 2011, and February 5 through 
March 10, 2011. The light goose daily bag limit would be 20. Possession 
limits would be twice the daily bag limits.
    For tribal members, the Lower Brule Sioux Tribe proposes a duck, 
merganser, and coot season from September 11, 2010, through March 10, 
2011. The daily bag limit would be six birds, including no more than 
one hen mallard, one pintail, two redheads, one canvasback, two wood 
ducks, two scaup, and one mottled duck. The daily bag limit for 
mergansers would be five, only two of which could be hooded mergansers. 
The daily bag limit for coots would be 15. Possession limits would be 
twice the daily bag limits.
    The Tribe's proposed Canada goose season for tribal members would 
run from October 2, 2010, through March 10, 2011, with a daily bag 
limit of three Canada geese. The Tribe's proposed white-fronted goose 
tribal season would run from October 2, 2010, through March 10, 2011, 
with a daily bag limit of two white-fronted geese. The Tribe's proposed 
light goose tribal season would run from October 2, 2010, through March 
10, 2011. The light goose daily bag limit would be 20. Possession 
limits would be twice the daily bag limits.
    In the 2009-10 season, hunters harvested an estimated 500 geese and 
541 ducks. In the 2009-10 season, duck harvest species composition was 
primarily mallard (87 percent), gadwall (8 percent), green-winged teal 
(3 percent), and blue-winged teal, pintail, and redheads (2 percent).
    Goose harvest species composition in 2009-10 at Mni Sho Sho was 
approximately 87 percent Canada geese, 13 percent snow geese, and 0 
percent white-fronted geese. Harvest of geese harvested by other 
hunters was approximately 85 percent Canada geese and 14 percent snow 
geese.
    The Tribe anticipates a duck harvest similar to those of the 
previous 3 years and a goose harvest below the target harvest level of 
3,000 to 4,000 geese. All basic Federal regulations contained in 50 CFR 
part 20, including the use of nontoxic shot, Migratory Waterfowl 
Hunting and Conservation Stamps, etc., would be observed by the Tribe's 
proposed regulations. In addition, the Lower Brule Sioux Tribe has an 
official Conservation Code that was established by Tribal Council 
Resolution in June 1982 and updated in 1996.
    We plan to approve the Tribe's requested regulations for the Lower 
Brule Reservation given the seasons dates fall within final Federal 
flyway frameworks (applies to nontribal hunters only).

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

    Since 1996, the Service and the Point No Point Treaty Tribes, of 
which Lower Elwha was one, have cooperated to establish special 
regulations for migratory bird hunting. The Tribes are now acting 
independently and the Lower Elwha Klallam Tribe would like to establish 
migratory bird hunting regulations for tribal members for the 2010-11 
season. The Tribe has a reservation on the Olympic Peninsula in 
Washington State and is a successor to the signatories of the Treaty of 
Point No Point of 1855.
    For the 2010-11 season, the Lower Elwha Klallam Tribe requests a 
duck and coot season from September 18, 2010, to December 31, 2010. The 
daily bag limit will be seven ducks including no more than two hen 
mallards, one pintail, one canvasback, and two redheads. The daily bag 
and possession limit