Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2010-11 Early Season, 53774-53784 [2010-21664]

Download as PDF 53774 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations 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; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2010–11 Early Season Fish and Wildlife Service, Interior. ACTION: Final rule. AGENCY: This rule prescribes special early-season migratory bird hunting regulations for certain Tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This rule responds to Tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of Tribal 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. SUMMARY: This rule takes effect on September 1, 2010. ADDRESSES: You may inspect comments received on the proposed special hunting regulations and Tribal proposals during normal business hours in room 4107, Arlington Square Building, 4501 N. Fairfax Drive, Arlington, VA or at https:// www.regulations.gov at Docket No. FWS–R9–MB–2010–0040. FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, (703/358–1967). SUPPLEMENTARY INFORMATION: The Migratory Bird Treaty Act (MBTA) of July 3, 1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), authorizes and directs the Secretary of the Department of the Interior, having due regard for the zones of temperature and for the distribution, abundance, economic value, breeding habits, and times and lines of flight of migratory game birds, to determine when, to what extent, and by what means such birds or any part, nest, or egg thereof may be taken, hunted, captured, killed, possessed, sold, purchased, shipped, carried, exported, or transported. In the August 6, 2010, Federal Register (75 FR 47682), we proposed special migratory bird hunting hsrobinson on DSK69SOYB1PROD with RULES_2 DATES: VerDate Mar<15>2010 18:31 Aug 31, 2010 Jkt 220001 regulations for the 2010–11 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. 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]). In the May 13, 2010, Federal Register (75 FR 27144), we requested that Tribes desiring special hunting regulations in the 2010–11 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. On August 6, 2010, we published a proposed rule (75 FR 47682) that included special migratory bird hunting regulations for 30 Indian Tribes, based on the input we received in response to the May 13, 2010, proposed rule. All the regulations contained in this final rule were either PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 submitted by the Tribes or approved by the Tribes and follow our proposals in the August 6 proposed rule. Although the May 13 proposed rule included generalized regulations for both early- and late-season hunting, this rulemaking addresses only the earlyseason proposals. Therefore, it includes information for only 24 Tribes. The letter designations for the paragraphs pertaining to each Tribe in this rule are discontinuous because they follow the letter designations for the 30 Tribes discussed in the August 6 proposed rule, which set forth paragraphs (a) through (dd). Late-season hunting will be addressed in late September. As a general rule, early seasons begin during September each year and have a primary emphasis on such species as mourning and white-winged doves. Late seasons begin about October 1 or later each year and have a primary emphasis on waterfowl. 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 ADDRESSES 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 E:\FR\FM\01SER2.SGM 01SER2 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations 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. hsrobinson on DSK69SOYB1PROD with RULES_2 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 impact of the normal 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, essentially unchanged from last year’s estimate (2.9 ± 0.1 million) and 87 percent above the longterm 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 where conditions were normal, 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 VerDate Mar<15>2010 18:31 Aug 31, 2010 Jkt 220001 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 westcentral Ontario. More northern boreal forest locations benefited from nearnormal 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. Breeding Population Status In the traditional survey area, which includes strata 1–18, 20–50, and 75–77, the total duck population estimate was 40.9 ± 0.7 [SE] million birds. This estimate was similar to last year’s estimate of 42.0 ± 0.7 million birds and was 21 percent above the long-term average (1955–2009). Estimated mallard (Anas platyrhynchos) abundance was 8.4 ± 0.3 million birds, which was similar to the 2009 estimate of 8.5 ± 0.2 million birds and 12 percent above the long-term average. Estimated abundance of gadwall (A. strepera; 3.0 ± 0.2 million) was similar to the 2009 estimate and 67 percent above the longterm average. Estimated abundance of American wigeon (A. americana; 2.4 ± 0.1 million) was similar to 2009 and the long-term average. The estimated abundance of green-winged teal (A. crecca) was 3.5 ± 0.2 million, which was similar to the 2009 estimate and 78 percent above their long-term average of 1.9 ± 0.02 million. The estimate of bluewinged teal abundance (A. discors) was 6.3 ± 0.4 million, which was 14 percent below the 2009 estimate and 36 percent above their long-term average of 4.7 ± 0.04 million. The estimate for northern pintails (A. acuta; 3.5 ± 0.2 million) was similar to the 2009 estimate, and 13 percent below the long-term average of 4.0 ± 0.04 million. Estimates of northern shovelers (A. clypeata; 4.1 ± 0.2 million) and redheads (Aythya americana; 1.1 ± 0.1 million) were similar to their 2009 estimates and were 76 percent and 63 percent above their long-term averages of 2.3 ± 0.02 million and 0.7 ± 0.01 million, respectively. The canvasback estimate (A. valisineria; 0.6 ± 0.05 million) was similar to the 2009 estimate and to the long-term average. The scaup estimate (A. affinis and A. marila combined; 4.2 ± 0.2 million) was similar to that of 2009 and 16 percent below the long-term average of 5.1 ± 0.05 million. PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 53775 The eastern survey area was restratified in 2005 and is now composed of strata 51–72. Estimates of mallards, scaup, scoters (black [Melanitta nigra], white-winged [M. fusca], and surf [M. perspicillata]), green-winged teal, American wigeon, bufflehead (Bucephala albeola), ringnecked duck (Aythya collaris), and goldeneyes (common [B. clangula] and Barrow’s [B. islandica]) all were similar to their 2009 estimates and long-term averages. The mergansers (red-breasted [Mergus serrator], common [M. merganser], and hooded [Lophodytes cucullatus]) estimate was 386.4 thousand, which was 15 percent below the 2009 estimate, and 14 percent below the long-term average of 450.8 thousand. The American black duck (Anas rubripes) estimate was similar to the 2009 estimate and 7 percent below the long-term average of 478.9 thousand. Fall Flight Estimate The mid-continent mallard population is composed of mallards from the traditional survey area (revised in 2008 to exclude Alaska mallards), Michigan, Minnesota, and Wisconsin, and was estimated to be 10.3 ± 0.9 million in 2010. This was similar to the 2009 estimate of 10.3 ± 0.9 million. Status of Geese and Swans We provide information on the population status and productivity of North American Canada geese (Branta canadensis), brant (B. bernicla), snow geese (Chen caerulescens), Ross’ geese (C. rossii), emperor geese (C. canagica), white-fronted geese (Anser albifrons), and tundra swans (Cygnus columbianus). Temperatures in much of central and northern Canada from January through April were in excess of 5 °C warmer than average. Substantially above-average temperatures continued into May and June in important goose habitats within eastern Canada. The resulting accelerated snowmelt contributed to favorable nesting conditions for many mid-latitude and arctic nesting goose populations in 2010. Persistent snow cover significantly delayed goose nesting activities only in the Queen Maud Gulf, Victoria Island, and Wrangel Island regions. Well-above or near-average wetland abundance in the U.S. and Canadian prairie regions and mild spring temperatures in many other temperate regions will likely improve production of Canada geese that nest at southern latitudes. Primary abundance indices for both populations of tundra swans decreased in 2010 from 2009 levels. Primary abundance indices decreased for 15 goose populations and E:\FR\FM\01SER2.SGM 01SER2 53776 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations increased for 12 goose populations in 2010 compared to 2009. The following populations displayed significant positive trends during the most recent 10-year period (P < 0:05): Mississippi Flyway Giant, Short Grass Prairie, Aleutian, and Eastern Prairie Canada geese; Western Arctic/Wrangel Island, and Western Central Flyway light geese; and Pacific white-fronted geese. No population showed a significant negative 10-year trend. The forecast for the production of geese and swans in North America for 2010 is regionally variable, but production for many populations will be much improved this year compared to the poor production widely experienced in 2009. hsrobinson on DSK69SOYB1PROD with RULES_2 Waterfowl Harvest and Hunter Activity National surveys of migratory bird hunters were conducted during the 2008 and 2009 hunting seasons. About 1.2 million waterfowl hunters harvested 13,635,700 (± 4 percent) ducks and 3,792,600 (± 5 percent) geese in 2008, and about 1.1 million waterfowl hunters harvested 13,139,800 (± 4 percent) ducks and 3,327,000 (± 5 percent) geese in 2009. Mallard, green-winged teal, gadwall, blue-winged/cinnamon teal, and wood duck (Aix sponsa) were the 5 most-harvested duck species in the United States, and Canada goose was the predominant goose species in the goose harvest. Coot hunters (about 31,100 in 2008 and 2009) harvested 275,900 (± 43 percent) coots in 2008 and 219,000 (± 34 percent) in 2009. Comments and Issues Concerning Tribal Proposals For the 2010–11 migratory bird hunting season, we proposed regulations for 30 Tribes and/or Indian groups that followed the 1985 guidelines and were considered appropriate for final rulemaking. Some of the Tribal proposals had both earlyand late-season elements. However, as noted earlier, only those with earlyseason proposals are included in this final rulemaking; 24 Tribes have proposals with early seasons. The comment period for the proposed rule, published on August 6, 2010, closed on August 16, 2010. Because of the necessary brief comment period, we will respond to any comments on the proposed rule and/or these regulations postmarked by August 16, but not received prior to final action by us, in the September late-season final rule. At this time, we have not received any comments. NEPA Consideration NEPA considerations are covered by the programmatic document ‘‘Final VerDate Mar<15>2010 18:31 Aug 31, 2010 Jkt 220001 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 a notice of availability in the Federal Register on June 16, 1988 (53 FR 22582). We published our Record of Decision on August 18, 1988 (53 FR 31341). In addition, an August 1985 environmental assessment entitled ‘‘Guidelines for Migratory Bird Hunting Regulations on Federal Indian Reservations and Ceded Lands’’ is available from the address indicated under the caption ADDRESSES. In a notice published in the September 8, 2005, Federal Register (70 FR 53376), we announced our intent to develop a new Supplemental Environmental Impact Statement (SEIS) 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). We released the draft SEIS on July 9, 2010 (75 FR 39577). The draft SEIS is available by either writing to the address indicated under ADDRESSES or by viewing on our Web site at https:// www.fws.gov/migratorybirds. Endangered Species Act Consideration 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 formal consultations to ensure that actions resulting from these regulations would not likely jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitat. Findings from these consultations are included in a biological opinion, which concluded that the regulations are not likely to jeopardize the continued existence of any endangered or threatened species. Additionally, these findings may have caused modification of some regulatory measures previously proposed, and the final frameworks reflect any such modifications. Our biological opinions resulting from this section 7 consultation are public documents available for public inspection at the address indicated under ADDRESSES. PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 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 estimated 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) Issue 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. At this time, we are proposing no changes to the season frameworks for the 2010–11 season, and as such, we will again consider these three alternatives. However, final frameworks will depend on population status information available later this year. For these reasons, we have not conducted a new economic analysis, but the 2008–09 analysis is part of the record for this rule and is available at https://www.fws.gov/migratorybirds/ NewReportsPublications/SpecialTopics/ SpecialTopics.html#HuntingRegs or at https://www.regulations.gov at Docket No. FWS–R9–MB–2010–0040. 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 E:\FR\FM\01SER2.SGM 01SER2 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations 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 request from the Division of Migratory Bird Management (see FOR FURTHER INFORMATION CONTACT) or from our Web site at https://www.fws.gov/ migratorybirds/ NewReportsPublications/SpecialTopics/ SpecialTopics.html#HuntingRegs or at https://www.regulations.gov at Docket No. FWS–R9–MB–2010–0040. hsrobinson on DSK69SOYB1PROD with RULES_2 Small Business Regulatory Enforcement Fairness Act This rule is a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. For the reasons outlined above, this rule has an annual effect on the economy of $100 million or more. However, because this rule establishes hunting seasons, we do not plan to defer the effective date under the exemption contained in 5 U.S.C. 808(1). Paperwork Reduction Act We examined these regulations under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The various recordkeeping and reporting requirements imposed under regulations established in 50 CFR part 20, subpart K, are utilized in the formulation of migratory game bird hunting regulations. Specifically, OMB has approved the information collection requirements of our Migratory Bird Surveys and assigned control number 1018–0023 (expires 2/28/2011). This information is used to provide a sampling frame for voluntary national surveys to improve our harvest estimates for all migratory game birds in order to better manage these populations. OMB has also approved the information collection requirements of the Alaska Subsistence Household Survey, an associated voluntary annual household survey used to determine VerDate Mar<15>2010 18:31 Aug 31, 2010 Jkt 220001 levels of subsistence take in Alaska, and assigned control number 1018–0124 (expires 4/30/2013). A Federal agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. Unfunded Mandates Reform Act We have determined and certify, in compliance with the requirements of the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this rulemaking will not impose a cost of $100 million or more in any given year on local or State government or private entities. Therefore, this rule is not a ‘‘significant regulatory action’’ under the Unfunded Mandates Reform Act. Civil Justice Reform—Executive Order 12988 The Department, in promulgating this rule, has determined that this rule will not unduly burden the judicial system and that it meets the requirements of sections 3(a) and 3(b)(2) of Executive Order 12988. Takings Implication Assessment In accordance with Executive Order 12630, this rule, authorized by the Migratory Bird Treaty Act, does not have significant takings implications and does not affect any constitutionally protected property rights. This rule will not result in the physical occupancy of property, the physical invasion of property, or the regulatory taking of any property. In fact, these rules allow hunters to exercise otherwise unavailable privileges and, therefore, reduce restrictions on the use of private and public property. Energy Effects—Executive Order 13211 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 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 53777 Indian trust resources. However, in the May 13 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 2010–11 migratory bird hunting season. The resulting proposals were contained in a separate proposed rule (75 FR 47681, August 6, 2010). 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, States and Tribes would have insufficient time to select season dates and limits; to communicate those E:\FR\FM\01SER2.SGM 01SER2 53778 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations selections to us; and to establish and publicize the necessary regulations and procedures to implement their decisions. We, therefore, find that ‘‘good cause’’ exists, within the terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and these seasons will, therefore, take effect immediately upon publication. List of Subjects in 50 CFR Part 20 Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife. ■ 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. Section 20.110 is amended by revising paragraphs (a) through (e), (g), (i) through (u), (w), and (y) through (bb), and adding paragraph (cc), to read as set forth below (Current § 20.110 was published at 74 FR 51707, September 2, 2009, and amended at 74 FR 49294, September 25, 2009). ■ § 20.110 Seasons, limits, and other regulations for certain Federal Indian reservations, Indian Territory, and ceded lands. hsrobinson on DSK69SOYB1PROD with RULES_2 Doves Season Dates: Open September 1, through September 15, 2010; then open November 12, through December 26, 2010. 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 after the first day of the season. 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 18:31 Aug 31, 2010 Jkt 220001 Tribal Members Only Ducks (Including Mergansers) Season Dates: Open September 1, 2010, through March 9, 2011. Daily Bag and Possession Limits: The Tribe does not have specific bag and possession restrictions for Tribal members. The season on harlequin duck is closed. Coots Season Dates: Same as ducks. Daily Bag and Possession Limits: Same as ducks. Geese Season Dates: Same as ducks. Daily Bag and Possession Limits: Same as ducks. General Conditions: Tribal and nontribal hunters must comply with all basic Federal migratory bird hunting regulations contained in 50 CFR part 20 regarding manner of taking. In addition, shooting hours are sunrise to sunset, and each waterfowl hunter 16 years of age or older must carry on his/her person a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed in ink across the stamp face. Special regulations established by the Confederated Salish and Kootenai Tribes also apply on the reservation. (c) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet, Minnesota (Tribal Members Only). Ducks (a) Colorado River Indian Tribes, Parker, Arizona (Tribal Members and Nontribal Hunters). VerDate Mar<15>2010 have a valid transport declaration form. Other Tribal regulations apply, and may be obtained at the Fish and Game Office in Parker, Arizona. (b) Confederated Salish and Kootenai Tribes, Flathead Indian Reservation, Pablo, Montana (Tribal Hunters). 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. 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 ducks, 4 scaup, 4 redheads, 2 pintails, 4 wood ducks, and 2 canvasbacks. Mergansers 1854 and 1837 Ceded Territories Season Dates: Begin September 18 and end November 28, 2010. PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 Daily Bag Limit: 15 mergansers, including no more than 6 hooded mergansers. 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) 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. 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 dove. General Conditions: 1. While hunting waterfowl, a Tribal member must carry on his/her person a valid Tribal waterfowl hunting permit. 2. Except as otherwise noted, Tribal members will be required to comply with Tribal codes that will be no less restrictive than the provisions of Chapter 10 of the Model Off-Reservation Code. These regulations parallel Federal requirements in 50 CFR part 20 as to hunting methods, transportation, sale, exportation, and other conditions generally applicable to migratory bird hunting. 3. Band members in each zone will comply with State regulations providing E:\FR\FM\01SER2.SGM 01SER2 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations for closed and restricted waterfowl hunting areas. 4. There are no possession limits on any species, unless otherwise noted above. For purposes of enforcing bag and possession limits, all migratory birds in the possession or custody of band members on ceded lands will be considered to have been taken on those lands unless tagged by a Tribal or State conservation warden as having been taken on-reservation. All migratory birds that fall on reservation lands will not count as part of any off-reservation bag or possession limit. (d) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay, Michigan (Tribal Members Only). All Seasons in Michigan, 1836 Treaty Zone Ducks Season Dates: 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 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 after December 1 will also be open concurrently for Tribal members. Daily Bag Limit: 20 geese in aggregate. Ducks Season Dates: Open September 18, 2010, through January 18, 2011. Daily Bag Limit: 20 ducks, which may include no more than 5 pintail, 3 canvasback, 5 black ducks, 1 hooded merganser, 5 wood ducks, 3 redheads, and 9 mallards (only 4 of which may be hens). Other Migratory Birds Canada and Snow Geese Season Dates: Open September 1, through November 30, 2010; and open January 1, 2010, through February 8, 2011. Daily Bag Limit: 10 geese. Season Dates: Begin September 15 and end December 31, 2010. Daily Bag Limits: 20 Sora and Virginia rails, singly or in the aggregate. Possession Limit: 25. Other Geese (White-Fronted Geese and Brant) Season Dates: Open September 20, through November 30, 2010. Daily Bag Limit: Five geese. Season Dates: Begin September 15 and end December 31, 2010. Daily Bag Limit: 16 common snipe. hsrobinson on DSK69SOYB1PROD with RULES_2 Sora Rails, Common Snipe, and Woodcock Season Dates: Open September 1, through November 14, 2010. Daily Bag Limit: 10 rails, 10 snipe, and 5 woodcock. 18:31 Aug 31, 2010 Jkt 220001 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. Sora and Virginia Rails Common Snipe Woodcock Season Dates: Begin September 7 and end December 1, 2010. Daily Bag Limit: 10 woodcock. Mourning Dove: 1837 and 1842 Ceded Territories Mourning Doves Season Dates: Open September 1, through November 14, 2010. Daily Bag Limit: 10 mourning doves. General Conditions: A valid Grand Traverse Band Tribal license is required and must be in possession before taking any wildlife. All other basic regulations contained in 50 CFR part 20 are valid. Other Tribal regulations apply, and may be obtained at the Tribal office in Suttons Bay, Michigan. (e) Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin (Tribal Members Only). The 2010–11 waterfowl hunting season regulations apply to all treaty areas (accept where noted): VerDate Mar<15>2010 Coots and Common Moorhens (Common Gallinules) Season Dates: Begin September 1 and end November 9, 2010. Daily Bag Limit: 15. General Conditions 1. All Tribal members will be required to obtain a valid Tribal waterfowl hunting permit. 2. Except as otherwise noted, Tribal members will be required to comply with Tribal codes that will be no less restrictive than the model ceded territory conservation codes approved by Federal courts in the Lac Courte Oreilles v. State of Wisconsin (Voigt) and Mille Lacs Band v. State of Minnesota, and United States v. Michigan cases. Chapter 10 in each of these model codes regulates ceded territory migratory bird hunting. All PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 53779 versions of Chapter 10 parallel Federal requirements as to hunting methods, transportation, sale, exportation, and other conditions generally applicable to migratory bird hunting. They also automatically incorporate by reference the Federal migratory bird regulations contained in 50 CFR part 20. 3. Particular regulations of note include: i. Nontoxic shot is required for all offreservation waterfowl hunting by Tribal members. ii. Tribal members in each zone shall comply with Tribal regulations providing for closed and restricted waterfowl hunting areas. These regulations generally incorporate the same restrictions contained in parallel State regulations. iii. Possession limits for each species are double the daily bag limit, except on the opening day of the season, when the possession limit equals the daily bag limit, unless otherwise noted above. Possession limits are applicable only to transportation and do not include birds that are cleaned, dressed, and at a member’s primary residence. For purposes of enforcing bag and possession limits, all migratory birds in the possession and custody of Tribal members on ceded lands will be considered to have been taken on those lands unless tagged by a Tribal or State conservation warden as taken on reservation lands. All migratory birds that fall on reservation lands will not count as part of any off-reservation bag or possession limit. iv. The baiting restrictions included in section 10.05(2)(h) of the model ceded territory conservation code will be amended to include language which parallels that in place for non-Tribal members as published at 64 FR 29799, June 3, 1999. v. The shell limit restrictions included in section 10.05(2)(b) of the model ceded territory conservation code will be removed. vi. Hunting hours shall be from a half hour before sunrise to 15 minutes after sunset. 4. Michigan—Duck Blinds and Decoys. Tribal members hunting in Michigan will comply with Tribal codes that contain provisions parallel to Michigan law regarding duck blinds and decoys. (g) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal Members and Nontribal Hunters). Nontribal Hunters on Reservation Geese Season Dates: Open September 1, through September 13, 2010, for the E:\FR\FM\01SER2.SGM 01SER2 53780 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations early-season, and open October 2, 2010, through January 31, 2011, for the lateseason. During this period, days to be hunted are specified by the Kalispel Tribe. Nontribal hunters should contact the Tribe for more detail on hunting days. Daily Bag and Possession Limits: 5 Canada geese for the early season, and 3 light geese and 4 dark geese, for the late season. The daily bag limit is 2 brant (when the State’s season is open) and is in addition to dark goose limits for the late-season. The possession limit is twice the daily bag limit. Tribal Hunters Within Kalispel Ceded Lands and 6 mallards (only 3 of which may be hens). The possession limit is twice the daily bag limit. pintail, 5 hooded merganser, 5 scaup, and 5 canvasback. Canada Geese Season Dates: Open September 1, through December 31, 2010. Daily Bag Limit: 20. Season Dates: Open September 1, 2010, through February 8, 2011. Daily Bag and Possession Limits: Five Canada geese and possession limit is twice the daily bag limit. White-Fronted Geese, Snow Geese, Ross Geese, and Brant Season Dates: Open September 20, through November 30, 2010. Daily Bag and Possession Limits: Five birds and the possession limit is twice the daily bag limit. Ducks Season Dates: Open September 1, 2010, through January 31, 2011. 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. Mourning Doves, Rails, Snipe, and Woodcock Geese Season Dates: Open September 1, 2010, through January 31, 2011. 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. (i) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members Only). General hsrobinson on DSK69SOYB1PROD with RULES_2 Ducks Season Dates: Open September 18, through December 31, 2010. Daily Bag Limits: 10 ducks. Geese Season Dates: Open September 1, through December 31, 2010. Daily Bag Limits: 10 geese. General: Possession limits are twice the daily bag limits. Shooting hours are one-half hour before sunrise to one-half hour after sunset. Nontoxic shot is required. Use of live decoys, bait, and commercial use of migratory birds are prohibited. Waterfowl may not be pursued or taken while using motorized craft. (j) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal Members Only). Ducks Season Dates: Open September 15, 2010, through January 20, 2011. Daily Bag and Possession Limits: 12 ducks, including no more than 2 pintail, 2 canvasback, 1 hooded merganser, 3 black ducks, 3 wood ducks, 3 redheads, VerDate Mar<15>2010 18:31 Aug 31, 2010 Jkt 220001 Season Dates: Open September 1, through November 14, 2010. Daily Bag and Possession Limits: 10 doves, 10 rails, 10 snipe, and 5 woodcock. The possession limit is twice the daily bag limit. 1. All Tribal members are required to obtain a valid Tribal resource card and 2010–11 hunting license. 2. Except as modified by the Service rules adopted in response to this proposal, these amended regulations parallel all Federal regulations contained in 50 CFR part 20. 3. Particular regulations of note include: i. Nontoxic shot will be required for all waterfowl hunting by Tribal members. ii. Tribal members in each zone will comply with Tribal regulations providing for closed and restricted waterfowl hunting areas. These regulations generally incorporate the same restrictions contained in parallel State regulations. iii. Possession limits for each species are double the daily bag limit, except on the opening day of the season, when the possession limit equals the daily bag limit, unless otherwise noted above. 4. Tribal members hunting in Michigan will comply with Tribal codes that contain provisions parallel to Michigan law regarding duck blinds and decoys. (k) The Little Traverse Bay Bands of Odawa Indians, Petoskey, Michigan (Tribal Members Only). Ducks Season Dates: Open September 15, 2010, through January 31, 2011. Daily Bag Limits: 20 ducks, including no more than 5 hen mallards, 5 black ducks, 5 redheads, 5 wood ducks, 5 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 Coots and Gallinules Canada Geese Season Dates: Open September 1, 2010, through February 8, 2011. Daily Bag Limit: 20. White-Fronted Geese, Snow Geese, and Brant Season Dates: Open September 1, 2010, through February 8, 2011. Daily Bag Limit: 20 geese in aggregate. Sora and Virginia Rails Season Dates: Open September 1, through December 31, 2010. Daily Bag Limit: 20. Snipe Season Dates: Open September 15, through December 31, 2010. Daily Bag Limit: 16. Mourning Doves Season Dates: Open September 1, through November 9, 2010. Daily Bag Limit: 15. Woodcock Season Dates: Open September 5, through December 1, 2010. Daily Bag Limit: 10. General: Possession limits are twice the daily bag limits. (l) 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 11, 2010, through March 10, 2011. Daily Bag and Possession Limits: Six ducks, including no more than one hen mallard, two scaup, one mottled duck, two redheads, two wood ducks, one canvasback, and one pintail. Coot daily bag limit is 15. Merganser daily bag limit is five, including no more than two hooded merganser. The possession limit is twice the daily bag limit. (m) Lower Elwha Klallam Tribe, Port Angeles, Washington (Tribal Members Only). Ducks Season Dates: Open September 18, through December 31, 2010. Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, one pintail, one canvasback, and two redheads. E:\FR\FM\01SER2.SGM 01SER2 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations Possession limit is twice the daily bag limit. Bag and possession limits for harlequin ducks is one per season. Geese Season Dates: Open September 18, through December 31, 2010. Daily Bag and Possession Limits: Four geese, and may include no more than three light geese. The seasons on Aleutian Canada geese and Brant are closed. Possession limit is twice the daily bag limit. Coots Season Dates: Open September 18, through December 31, 2010. Daily Bag and Possession Limits: 25 and 50 coots, respectively. Mourning Doves Season Dates: Open September 18, through December 31, 2010. Daily Bag and Possession Limits: 10 and 20 doves, respectively. Snipe Season Dates: Open September 18, through December 31, 2010. Daily Bag and Possession Limits: 8 and 16 snipe, respectively. Band-Tailed Pigeon Season Dates: Open September 18, through December 31, 2010. Daily Bag and Possession Limits: 2 and 4 pigeons, respectively. General: Tribal members must possess a Tribal hunting permit from the Lower Elwha Klallam Tribe pursuant to Tribal law. Hunters must observe all basic Federal migratory bird hunting regulations in 50 CFR part 20. (n) Makah Indian Tribe, Neah Bay, Washington (Tribal Members). Band-Tailed Pigeons Season Dates: Open September 18, through October 31, 2010. Daily Bag Limit: Two band-tailed pigeons. hsrobinson on DSK69SOYB1PROD with RULES_2 Ducks and Coots Season Dates: Open September 25, 2010, through January 30, 2011. Daily Bag Limit: Seven ducks including no more than five mallards (only two of which can be a hen), one redhead, one pintail, three scaup, and one canvasback. The seasons on wood duck and harlequin are closed. Geese Season Dates: Open September 25, 2010, through January 30, 2011. Daily Bag Limit: Four including no more than one brant. The seasons on Aleutian and dusky Canada geese are closed. VerDate Mar<15>2010 18:31 Aug 31, 2010 Jkt 220001 General All other Federal regulations contained in 50 CFR part 20 apply. The following restrictions also apply: (1) As per Makah Ordinance 44, only shotguns may be used to hunt any species of waterfowl. Additionally, shotguns must not be discharged within 0.25 miles of an occupied area. (2) Hunters must be eligible, enrolled Makah Tribal members and must carry their Indian Treaty Fishing and Hunting Identification Card while hunting. No tags or permits are required to hunt waterfowl;. (3) The Cape Flattery area is open to waterfowl hunting, except in designated wilderness areas, or within 1 mile of Cape Flattery Trail, or in any area that is closed to hunting by another ordinance or regulation. (4) The use of live decoys and/or baiting to pursue any species of waterfowl is prohibited. (5) Steel or bismuth shot only for waterfowl is allowed; the use of lead shot is prohibited. (6) The use of dogs is permitted to hunt waterfowl. (7) Shooting hours for all species of waterfowl are one-half hour before sunrise to one-half hour after sunset. (8) Open hunting areas are: GMUs 601 (Hoko), a portion of the 602 (Dickey) encompassing the area north of a line between Norwegian Memorial and east to Highway 101, and 603 (Pysht). (o) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona (Tribal Members and Nontribal Hunters). Band-Tailed Pigeons Season Dates: Open September 1, through September 30, 2010. Daily Bag and Possession Limits: 5 and 10 pigeons, respectively. Mourning Doves Season Dates: Open September 1, through September 30, 2010. Daily Bag and Possession Limits: 10 and 20 doves, respectively. General Conditions: Tribal and nontribal hunters will comply with all basic Federal migratory bird hunting regulations in 50 CFR part 20, regarding shooting hours and manner of taking. In addition, each waterfowl hunter 16 years of age or over must carry on his/ her person a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed in ink across the face. Special regulations established by the Navajo Nation also apply on the reservation. (p) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal Members Only). PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 53781 Ducks (Including Mergansers) Season Dates: Open September 18, through November 19, 2010, and open November 29, through December 5, 2010. Daily Bag and Possession Limits: Six, including no more than six mallards (three hen mallards), six wood ducks, one redhead, two pintail, and one hooded merganser. The possession limit is twice the daily bag limit. Geese Season Dates: Open September 1, through November 19, 2010; and open November 29, through December 26, 2010. Daily Bag and Possession Limits: 5 and 10 Canada geese, respectively, from September 1, through September 19, 2010; and 3 and 6 Canada geese, respectively, the remainder of the season. Hunters will be issued five Tribal tags during the early season and three Tribal tags during the late season for geese in order to monitor goose harvest. An additional three tags will be issued each time birds are registered. A seasonal quota of 300 birds is adopted. If the quota is reached before the season concludes, the season will be closed at that time. Woodcock Season Dates: Open September 4, through November 7, 2010. Daily Bag and Possession Limits: 5 and 10 woodcock, respectively. Dove Season Dates: Open September 1, through November 7, 2010. Daily Bag and Possession Limits: 10 and 20 doves, respectively. General Conditions: Tribal member shooting hours are one-half hour before sunrise to one-half hour after sunset. Nontribal members hunting on the Reservation or on lands under the jurisdiction of the Tribe must comply with all State of Wisconsin regulations, including season dates, shooting hours, and bag limits which differ from Tribal member seasons. Tribal members and nontribal members hunting on the Reservation or on lands under the jurisdiction of the Tribe will observe all basic Federal migratory bird hunting regulations found in 50 CFR part 20, with the following exceptions: Tribal members are exempt from the purchase of the Migratory Waterfowl Hunting and Conservation Stamp (Duck Stamp); and shotgun capacity is not limited to three shells. (q) Point No Point Treaty Council, Kingston, Washington (Tribal Members Only). E:\FR\FM\01SER2.SGM 01SER2 53782 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations Jamestown S’Klallam Tribe Ducks Season Dates: Open September 15, 2010, through February 1, 2011. Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, one pintail, one canvasback, four scoters, and two redheads. Possession limit is twice the daily bag limit. Bag and possession limits for harlequin ducks is one per season. Geese Season Dates: Open September 15, 2010, through March 10, 2011. Daily Bag and Possession Limits: Four geese, and may include no more than three light geese. The seasons on Aleutian and cackling Canada geese are closed. Possession limit is twice the daily bag limit. Brant Season Dates: Open January 15 through 31, 2011. Daily Bag and Possession Limits: Two and four, respectively. Coots Season Dates: Open September 15, 2010, through February 1, 2011. Daily Bag and Possession Limits: 25 and 50 coots, respectively. Band-Tailed Pigeon Season Dates: Open September 15, 2010, through March 10, 2011. Daily Bag and Possession Limits: 2 and 4 pigeons, respectively. hsrobinson on DSK69SOYB1PROD with RULES_2 Ducks Season Dates: Open September 1, 2010, through February 1, 2011. Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, one pintail, one canvasback, four scoters, and two redheads. Possession limit is twice the daily bag limit. Bag and possession limits for harlequin ducks is one per season. Jkt 220001 Season Dates: Open September 16, 2010, through February 28, 2011. Daily Bag and Possession Limits: Four geese, and may include no more than three light geese. The season on Aleutian Canada geese is closed. Possession limit is twice the daily bag limit. Season Dates: Open November 13, 2010, through January 31, 2011. Daily Bag and Possession Limits: 2 and 4, respectively. Coots Season Dates: Open September 1, 2010, through February 1, 2011. Daily Bag and Possession Limits: 25 and 50 coots, respectively. Geese Brant Mourning Doves Season Dates: Open September 1, 2010, through January 31, 2011. Daily Bag and Possession Limits: 10 and 20 doves, respectively. Season Dates: Open November 1, 2010, through February 15, 2011. Daily Bag and Possession Limits: Two and four brant, respectively. Coots Snipe Season Dates: Open September 1, 2010, through March 10, 2011. Daily Bag and Possession Limits: 8 and 16 snipe, respectively. Mourning Doves Port Gamble S’Klallam Tribe 18:31 Aug 31, 2010 Brant Season Dates: Open September 1, 2010, through March 10, 2011. Daily Bag and Possession Limits: 2 and 4 pigeons, respectively. General: Tribal members must possess a Tribal hunting permit from the Point No Point Tribal Council pursuant to Tribal law. Hunting hours are from onehalf hour before sunrise to sunset. Hunters must observe all other basic Federal migratory bird hunting regulations in 50 CFR part 20. (r) Sault Ste. Marie Tribe of Chippewa Indians, Sault Ste. Marie, Michigan (Tribal Members Only). Snipe Season Dates: Open September 15, 2010, through March 10, 2011. Daily Bag and Possession Limits: 8 and 16 snipe, respectively. VerDate Mar<15>2010 two hen mallards, one pintail, one canvasback, one harlequin per season, and two redheads. Possession limit is twice the daily bag limit (except for harlequin). Band-Tailed Pigeon Mourning Doves Season Dates: Open September 15, 2010, through January 14, 2011. Daily Bag and Possession Limits: 10 and 20 doves, respectively. Geese Season Dates: Open September 15, 2010, through March 10, 2011. Daily Bag and Possession Limits: Four geese, and may include no more than three light geese. The seasons on Aleutian and cackling Canada geese are closed. Possession limit is twice the daily bag limit. Season Dates: Open September 1, through November 14, 2010. Daily Bag and Possession Limits: 10 and 20 doves, respectively. General: Tribal members must possess a Tribal hunting permit from the Sault Ste. Marie Tribe pursuant to Tribal law. Shooting hours are one-half hour before sunrise until 15 minutes after sunset. Hunters must observe all other basic Federal migratory bird hunting regulations in 50 CFR part 20. (t) Skokomish Tribe, Shelton, Washington (Tribal Members Only). Ducks and Mergansers Season Dates: Open September 16, 2010, through February 28, 2011. Daily Bag and Possession Limits: Seven ducks, including no more than PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 Season Dates: Open September 16, 2010, through February 28, 2011. Daily Bag and Possession Limits: 25 and 50 coots, respectively. Mourning Doves Season Dates: Open September 16, 2010, through February 28, 2011. Daily Bag and Possession Limits: 10 and 20 doves, respectively. Snipe Season Dates: Open September 16, 2010, through February 28, 2011. Daily Bag and Possession Limits: 8 and 16 snipe, respectively. Band-Tailed Pigeon Season Dates: Open September 16, 2010, through February 28, 2011. Daily Bag and Possession Limits: 2 and 4 pigeons, respectively. General Conditions: All hunters authorized to hunt migratory birds on the reservation must obtain a Tribal hunting permit from the respective Tribe. Hunters are also required to adhere to a number of special regulations available at the Tribal office. Hunters must observe all other basic Federal migratory bird hunting regulations in 50 CFR part 20. (u) Spokane Tribe of Indians, Spokane Indian Reservation, Wellpinit, Washington (Tribal Members Only). Ducks Season Dates: Open September 2, 2010, through January 31, 2011. Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, two pintail, one canvasback, three scaup, and two redheads. Possession limit is twice the daily bag limit. E:\FR\FM\01SER2.SGM 01SER2 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations Geese Season Dates: Open September 2, 2010, through January 31, 2011. Daily Bag and Possession Limits: Four dark geese and six light geese. Possession limit is twice the daily bag limit. General Conditions: All Tribal hunters must have a valid Tribal ID card on his or her person while hunting. Shooting hours are one-half hour before sunrise to sunset, and steel shot is required for all migratory bird hunting. Hunters must observe all other basic Federal migratory bird hunting regulations in 50 CFR part 20. (w) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal Members Only). Snipe Band-Tailed Pigeon Season Dates: Open September 1, through December 31, 2010. Daily Bag and Possession Limits: Four and eight, respectively. Season Dates: Open September 1, through December 31, 2010. 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. (aa) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal Members Only). Mourning Dove Season Dates: Open September 1, through December 31, 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. (y) Tulalip Tribes, Tulalip, Washington (Tribal Members Only). Ducks Season Dates: Open September 8, 2010, through February 28, 2011. Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, two pintail, one canvasback, three scaup, and two redheads. Possession limit is twice the daily bag limit. hsrobinson on DSK69SOYB1PROD with RULES_2 Geese Season Dates: Open September 8, 2010, through February 28, 2011. Daily Bag and Possession Limits: Seven geese. Possession limit is twice the daily bag limit. Brant Season Dates: Open September 8, 2010, through February 28, 2011. Daily Bag and Possession Limits: Two and four brant, respectively. Coots Season Dates: Open September 8, 2010, through February 28, 2011. Daily Bag and Possession Limits: 25 and 50 coots, respectively. VerDate Mar<15>2010 18:31 Aug 31, 2010 Jkt 220001 Season Dates: Open September 8, 2010, and through February 28, 2011. Daily Bag and Possession Limits: 8 and 16 snipe, respectively. General Conditions: All Tribal hunters must have a valid Tribal ID card on his or her person while hunting. Shooting hours are one-half hour before sunrise to sunset, and steel shot is required for all migratory bird hunting. Hunters must observe all other basic Federal migratory bird hunting regulations in 50 CFR part 20. (z) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal Members Only). Mourning Dove Canada Geese Season Dates: Open September 13 through 30, 2010, and open October 30, 2010, through February 26, 2011. Daily Bag Limits: Eight Canada geese during the first period and three during the second. Snow Geese Season Dates: Open September 8 through 22, 2010. Daily Bag Limits: 15 snow geese. General Conditions: Shooting hours are one-half hour before sunrise to sunset. Nontoxic shot is required. All other basic Federal migratory bird hunting regulations contained in 50 CFR part 20 will be observed. (bb) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal Members Only). Ducks Season Dates: Open September 18, through December 12, 2010. Daily Bag Limit for Ducks: 10 ducks, including no more than 2 female mallards, 1 pintail, and 1 canvasback. Mergansers Season Dates: Open September 18, through December 19, 2010. PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 53783 Daily Bag Limit for Mergansers: Five mergansers, including no more than two hooded mergansers. Geese Season Dates: Open September 1 through 26, 2010, and open September 27, through December 19, 2010. Daily Bag Limit: Eight geese through September 26 and five thereafter. Coots Season Dates: Open September 1, through November 30, 2010. Daily Bag Limit: 20 coots. Sora and Virginia Rails Season Dates: Open September 1, through November 30, 2010. Daily Bag Limit: 25 sora and Virginia rails, singly or in the aggregate. Common Snipe and Woodcock Season Dates: Open September 1, through November 30, 2010. Daily Bag Limit: 10 snipe and 10 woodcock. Mourning Dove Season Dates: Open September 1, through November 30, 2010. Daily Bag Limit: 25 doves. General Conditions: Shooting hours are one-half hour before sunrise to onehalf hour after sunset. Nontoxic shot is required. All other basic Federal migratory bird hunting regulations contained in 50 CFR part 20 will be observed. (cc) White Mountain Apache Tribe, Fort Apache Indian Reservation, Whiteriver, Arizona (Tribal Members and Nontribal Hunters). Band-Tailed Pigeons (Wildlife Management Unit 10 and Areas South of Y–70 and Y–10 in Wildlife Management Unit 7, Only) Season Dates: Open September 1 through 15, 2010. Daily Bag and Possession Limits: Three and six pigeons, respectively. Mourning Doves (Wildlife Management Unit 10 and Areas South of Y–70 and Y–10 in Wildlife Management Unit 7, Only) Season Dates: Open September 1 through 15, 2010. Daily Bag and Possession Limits: 10 and 20 doves, respectively. General Conditions: All nontribal hunters hunting band-tailed pigeons and mourning doves on Reservation lands shall have in their possession a valid White Mountain Apache Daily or Yearly Small Game Permit. In addition to a small game permit, all nontribal hunters hunting band-tailed pigeons E:\FR\FM\01SER2.SGM 01SER2 53784 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations must have in their possession a White Mountain Special Band-Tailed Pigeon Permit. Other special regulations established by the White Mountain Apache Tribe apply on the reservation. Tribal and nontribal hunters will comply with all basic Federal migratory bird hunting regulations in 50 CFR Part 20 regarding shooting hours and manner of taking. Dated: August 25, 2010. Will Shafroth, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2010–21664 Filed 8–31–10; 8:45 am] hsrobinson on DSK69SOYB1PROD with RULES_2 BILLING CODE 4310–55–P VerDate Mar<15>2010 18:31 Aug 31, 2010 Jkt 220001 PO 00000 Frm 00012 Fmt 4701 Sfmt 9990 E:\FR\FM\01SER2.SGM 01SER2

Agencies

[Federal Register Volume 75, Number 169 (Wednesday, September 1, 2010)]
[Rules and Regulations]
[Pages 53774-53784]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21664]

[[Page 53773]]

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Part III

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 2010-11 Early
Season; Final Rule

Federal Register / Vol. 75 , No. 169 / Wednesday, September 1, 2010 /
Rules and Regulations

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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: This rule prescribes special early-season migratory bird
hunting regulations for certain Tribes on Federal Indian reservations,
off-reservation trust lands, and ceded lands. This rule responds to
Tribal requests for U.S. Fish and Wildlife Service (hereinafter Service
or we) recognition of Tribal authority to regulate hunting under
established guidelines. This rule allows the establishment of season
bag limits and, thus, harvest, at levels compatible with populations
and habitat conditions.

DATES: This rule takes effect on September 1, 2010.

ADDRESSES: You may inspect comments received on the proposed special
hunting regulations and Tribal proposals during normal business hours
in room 4107, Arlington Square Building, 4501 N. Fairfax Drive,
Arlington, VA or at https://www.regulations.gov at Docket No. FWS-R9-MB-
2010-0040.

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

SUPPLEMENTARY INFORMATION: The Migratory Bird Treaty Act (MBTA) of July
3, 1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), authorizes and directs
the Secretary of the Department of the Interior, having due regard for
the zones of temperature and for the distribution, abundance, economic
value, breeding habits, and times and lines of flight of migratory game
birds, to determine when, to what extent, and by what means such birds
or any part, nest, or egg thereof may be taken, hunted, captured,
killed, possessed, sold, purchased, shipped, carried, exported, or
transported.
In the August 6, 2010, Federal Register (75 FR 47682), we proposed
special migratory bird hunting regulations for the 2010-11 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. 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]).
In the May 13, 2010, Federal Register (75 FR 27144), we requested
that Tribes desiring special hunting regulations in the 2010-11 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. On August 6, 2010, we published a proposed rule (75 FR
47682) that included special migratory bird hunting regulations for 30
Indian Tribes, based on the input we received in response to the May
13, 2010, proposed rule. All the regulations contained in this final
rule were either submitted by the Tribes or approved by the Tribes and
follow our proposals in the August 6 proposed rule.
Although the May 13 proposed rule included generalized regulations
for both early- and late-season hunting, this rulemaking addresses only
the early-season proposals. Therefore, it includes information for only
24 Tribes. The letter designations for the paragraphs pertaining to
each Tribe in this rule are discontinuous because they follow the
letter designations for the 30 Tribes discussed in the August 6
proposed rule, which set forth paragraphs (a) through (dd). Late-season
hunting will be addressed in late September. As a general rule, early
seasons begin during September each year and have a primary emphasis on
such species as mourning and white-winged doves. Late seasons begin
about October 1 or later each year and have a primary emphasis on
waterfowl.

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 ADDRESSES 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

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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
impact of the normal 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, essentially unchanged
from 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 where conditions were
normal, 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.
Breeding Population Status
In the traditional survey area, which includes strata 1-18, 20-50,
and 75-77, the total duck population estimate was 40.9 0.7
[SE] million birds. This estimate was similar to last year's estimate
of 42.0 0.7 million birds and was 21 percent above the
long-term average (1955-2009). Estimated mallard (Anas platyrhynchos)
abundance was 8.4 0.3 million birds, which was similar to
the 2009 estimate of 8.5 0.2 million birds and 12 percent
above the long-term average. Estimated abundance of gadwall (A.
strepera; 3.0 0.2 million) was similar to the 2009
estimate and 67 percent above the long-term average. Estimated
abundance of American wigeon (A. americana; 2.4 0.1
million) was similar to 2009 and the long-term average. The estimated
abundance of green-winged teal (A. crecca) was 3.5 0.2
million, which was similar to the 2009 estimate and 78 percent above
their long-term average of 1.9 0.02 million. The estimate
of blue-winged teal abundance (A. discors) was 6.3 0.4
million, which was 14 percent below the 2009 estimate and 36 percent
above their long-term average of 4.7 0.04 million. The
estimate for northern pintails (A. acuta; 3.5 0.2 million)
was similar to the 2009 estimate, and 13 percent below the long-term
average of 4.0 0.04 million. Estimates of northern
shovelers (A. clypeata; 4.1 0.2 million) and redheads
(Aythya americana; 1.1 0.1 million) were similar to their
2009 estimates and were 76 percent and 63 percent above their long-term
averages of 2.3 0.02 million and 0.7 0.01
million, respectively. The canvasback estimate (A. valisineria; 0.6
0.05 million) was similar to the 2009 estimate and to the
long-term average. The scaup estimate (A. affinis and A. marila
combined; 4.2 0.2 million) was similar to that of 2009 and
16 percent below the long-term average of 5.1 0.05
million.
The eastern survey area was restratified in 2005 and is now
composed of strata 51-72. Estimates of mallards, scaup, scoters (black
[Melanitta nigra], white-winged [M. fusca], and surf [M.
perspicillata]), green-winged teal, American wigeon, bufflehead
(Bucephala albeola), ring-necked duck (Aythya collaris), and goldeneyes
(common [B. clangula] and Barrow's [B. islandica]) all were similar to
their 2009 estimates and long-term averages. The mergansers (red-
breasted [Mergus serrator], common [M. merganser], and hooded
[Lophodytes cucullatus]) estimate was 386.4 thousand, which was 15
percent below the 2009 estimate, and 14 percent below the long-term
average of 450.8 thousand. The American black duck (Anas rubripes)
estimate was similar to the 2009 estimate and 7 percent below the long-
term average of 478.9 thousand.
Fall Flight Estimate
The mid-continent mallard population is composed of mallards from
the traditional survey area (revised in 2008 to exclude Alaska
mallards), Michigan, Minnesota, and Wisconsin, and was estimated to be
10.3 0.9 million in 2010. This was similar to the 2009
estimate of 10.3 0.9 million.

Status of Geese and Swans

We provide information on the population status and productivity of
North American Canada geese (Branta canadensis), brant (B. bernicla),
snow geese (Chen caerulescens), Ross' geese (C. rossii), emperor geese
(C. canagica), white-fronted geese (Anser albifrons), and tundra swans
(Cygnus columbianus). Temperatures in much of central and northern
Canada from January through April were in excess of 5 [deg]C warmer
than average. Substantially above-average temperatures continued into
May and June in important goose habitats within eastern Canada. The
resulting accelerated snowmelt contributed to favorable nesting
conditions for many mid-latitude and arctic nesting goose populations
in 2010. Persistent snow cover significantly delayed goose nesting
activities only in the Queen Maud Gulf, Victoria Island, and Wrangel
Island regions. Well-above or near-average wetland abundance in the
U.S. and Canadian prairie regions and mild spring temperatures in many
other temperate regions will likely improve production of Canada geese
that nest at southern latitudes. Primary abundance indices for both
populations of tundra swans decreased in 2010 from 2009 levels. Primary
abundance indices decreased for 15 goose populations and

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increased for 12 goose populations in 2010 compared to 2009. The
following populations displayed significant positive trends during the
most recent 10-year period (P < 0:05): Mississippi Flyway Giant, Short
Grass Prairie, Aleutian, and Eastern Prairie Canada geese; Western
Arctic/Wrangel Island, and Western Central Flyway light geese; and
Pacific white-fronted geese. No population showed a significant
negative 10-year trend. The forecast for the production of geese and
swans in North America for 2010 is regionally variable, but production
for many populations will be much improved this year compared to the
poor production widely experienced in 2009.

Waterfowl Harvest and Hunter Activity

National surveys of migratory bird hunters were conducted during
the 2008 and 2009 hunting seasons. About 1.2 million waterfowl hunters
harvested 13,635,700 ( 4 percent) ducks and 3,792,600
( 5 percent) geese in 2008, and about 1.1 million waterfowl
hunters harvested 13,139,800 ( 4 percent) ducks and
3,327,000 ( 5 percent) geese in 2009. Mallard, green-winged
teal, gadwall, blue-winged/cinnamon teal, and wood duck (Aix sponsa)
were the 5 most-harvested duck species in the United States, and Canada
goose was the predominant goose species in the goose harvest. Coot
hunters (about 31,100 in 2008 and 2009) harvested 275,900 (
43 percent) coots in 2008 and 219,000 ( 34 percent) in
2009.

Comments and Issues Concerning Tribal Proposals

For the 2010-11 migratory bird hunting season, we proposed
regulations for 30 Tribes and/or Indian groups that followed the 1985
guidelines and were considered appropriate for final rulemaking. Some
of the Tribal proposals had both early- and late-season elements.
However, as noted earlier, only those with early-season proposals are
included in this final rulemaking; 24 Tribes have proposals with early
seasons. The comment period for the proposed rule, published on August
6, 2010, closed on August 16, 2010. Because of the necessary brief
comment period, we will respond to any comments on the proposed rule
and/or these regulations postmarked by August 16, but not received
prior to final action by us, in the September late-season final rule.
At this time, we have not received any comments.

NEPA Consideration

NEPA considerations are covered by the programmatic document
``Final Supplemental Environmental Impact Statement: Issuance of Annual
Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88-
14),'' filed with the Environmental Protection Agency on June 9, 1988.
We published a notice of availability in the Federal Register on June
16, 1988 (53 FR 22582). We published our Record of Decision on August
18, 1988 (53 FR 31341). In addition, an August 1985 environmental
assessment entitled ``Guidelines for Migratory Bird Hunting Regulations
on Federal Indian Reservations and Ceded Lands'' is available from the
address indicated under the caption ADDRESSES.
In a notice published in the September 8, 2005, Federal Register
(70 FR 53376), we announced our intent to develop a new Supplemental
Environmental Impact Statement (SEIS) 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). We
released the draft SEIS on July 9, 2010 (75 FR 39577). The draft SEIS
is available by either writing to the address indicated under ADDRESSES
or by viewing on our Web site at https://www.fws.gov/migratorybirds.

Endangered Species Act Consideration

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 formal
consultations to ensure that actions resulting from these regulations
would not likely jeopardize the continued existence of endangered or
threatened species or result in the destruction or adverse modification
of their critical habitat. Findings from these consultations are
included in a biological opinion, which concluded that the regulations
are not likely to jeopardize the continued existence of any endangered
or threatened species. Additionally, these findings may have caused
modification of some regulatory measures previously proposed, and the
final frameworks reflect any such modifications. Our biological
opinions resulting from this section 7 consultation are public
documents available for public inspection at the address indicated
under ADDRESSES.

Executive Order 12866

The Office of Management and Budget has determined that this rule
is significant and has reviewed this rule under Executive Order 12866.
OMB bases its determination 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
estimated 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) Issue 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. At
this time, we are proposing no changes to the season frameworks for the
2010-11 season, and as such, we will again consider these three
alternatives. However, final frameworks will depend on population
status information available later this year. For these reasons, we
have not conducted a new economic analysis, but the 2008-09 analysis is
part of the record for this rule and is available at https://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or at https://www.regulations.gov at
Docket No. FWS-R9-MB-2010-0040.

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

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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 request
from the Division of Migratory Bird Management (see FOR FURTHER
INFORMATION CONTACT) or from our Web site at https://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or at https://www.regulations.gov at
Docket No. FWS-R9-MB-2010-0040.

Small Business Regulatory Enforcement Fairness Act

This rule is a major rule under 5 U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act. For the reasons outlined above,
this rule has an annual effect on the economy of $100 million or more.
However, because this rule establishes hunting seasons, we do not plan
to defer the effective date under the exemption contained in 5 U.S.C.
808(1).

Paperwork Reduction Act

We examined these regulations under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.). The various recordkeeping and reporting
requirements imposed under regulations established in 50 CFR part 20,
subpart K, are utilized in the formulation of migratory game bird
hunting regulations. Specifically, OMB has approved the information
collection requirements of our Migratory Bird Surveys and assigned
control number 1018-0023 (expires 2/28/2011). This information is used
to provide a sampling frame for voluntary national surveys to improve
our harvest estimates for all migratory game birds in order to better
manage these populations.
OMB has also approved the information collection requirements of
the Alaska Subsistence Household Survey, an associated voluntary annual
household survey used to determine levels of subsistence take in
Alaska, and assigned control number 1018-0124 (expires 4/30/2013).
A Federal agency may not conduct or sponsor and a person is not
required to respond to a collection of information unless it displays a
currently valid OMB control number.

Unfunded Mandates Reform Act

We have determined and certify, in compliance with the requirements
of the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this
rulemaking will not impose a cost of $100 million or more in any given
year on local or State government or private entities. Therefore, this
rule is not a ``significant regulatory action'' under the Unfunded
Mandates Reform Act.

Civil Justice Reform--Executive Order 12988

The Department, in promulgating this rule, has determined that this
rule will not unduly burden the judicial system and that it meets the
requirements of sections 3(a) and 3(b)(2) of Executive Order 12988.

Takings Implication Assessment

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

Energy Effects--Executive Order 13211

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 May 13 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 2010-11 migratory bird hunting season. The
resulting proposals were contained in a separate proposed rule (75 FR
47681, August 6, 2010). 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, States
and Tribes would have insufficient time to select season dates and
limits; to communicate those

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selections to us; and to establish and publicize the necessary
regulations and procedures to implement their decisions. We, therefore,
find that ``good cause'' exists, within the terms of 5 U.S.C. 553(d)(3)
of the Administrative Procedure Act, and these seasons will, therefore,
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. Section 20.110 is amended by revising paragraphs (a) through (e),
(g), (i) through (u), (w), and (y) through (bb), and adding paragraph
(cc), to read as set forth below (Current Sec. 20.110 was published at
74 FR 51707, September 2, 2009, and amended at 74 FR 49294, September
25, 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, 2010; then
open November 12, through December 26, 2010.
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 after the first
day of the season.
General Conditions: All persons 14 years and older must be in
possession of a valid Colorado River Indian Reservation hunting permit
before taking any wildlife on Tribal lands. Any person transporting
game birds off the Colorado River Indian Reservation must have a valid
transport declaration form. Other Tribal regulations apply, and may be
obtained at the Fish and Game Office in Parker, Arizona.
(b) Confederated Salish and Kootenai Tribes, Flathead Indian
Reservation, Pablo, Montana (Tribal Hunters).

Tribal Members Only

Ducks (Including Mergansers)

Season Dates: Open September 1, 2010, through March 9, 2011.
Daily Bag and Possession Limits: The Tribe does not have specific
bag and possession restrictions for Tribal members. The season on
harlequin duck is closed.

Coots

Season Dates: Same as ducks.
Daily Bag and Possession Limits: Same as ducks.

Geese

Season Dates: Same as ducks.
Daily Bag and Possession Limits: Same as ducks.
General Conditions: Tribal and nontribal hunters must comply with
all basic Federal migratory bird hunting regulations contained in 50
CFR part 20 regarding manner of taking. In addition, shooting hours are
sunrise to sunset, and each waterfowl hunter 16 years of age or older
must carry on his/her person a valid Migratory Bird Hunting and
Conservation Stamp (Duck Stamp) signed in ink across the stamp face.
Special regulations established by the Confederated Salish and Kootenai
Tribes also apply on the reservation.
(c) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet,
Minnesota (Tribal Members Only).

Ducks

1854 and 1837 Ceded Territories

Season Dates: Begin September 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.
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 ducks, 4 scaup, 4 redheads, 2
pintails, 4 wood ducks, and 2 canvasbacks.

Mergansers

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.
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)

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.
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 dove.
General Conditions:
1. While hunting waterfowl, a Tribal member must carry on his/her
person a valid Tribal waterfowl hunting permit.
2. Except as otherwise noted, Tribal members will be required to
comply with Tribal codes that will be no less restrictive than the
provisions of Chapter 10 of the Model Off-Reservation Code. These
regulations parallel Federal requirements in 50 CFR part 20 as to
hunting methods, transportation, sale, exportation, and other
conditions generally applicable to migratory bird hunting.
3. Band members in each zone will comply with State regulations
providing

[[Page 53779]]

for closed and restricted waterfowl hunting areas.
4. There are no possession limits on any species, unless otherwise
noted above. For purposes of enforcing bag and possession limits, all
migratory birds in the possession or custody of band members on ceded
lands will be considered to have been taken on those lands unless
tagged by a Tribal or State conservation warden as having been taken
on-reservation. All migratory birds that fall on reservation lands will
not count as part of any off-reservation bag or possession limit.
(d) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons
Bay, Michigan (Tribal Members Only).

All Seasons in Michigan, 1836 Treaty Zone

Ducks

Season Dates: Open September 18, 2010, through January 18, 2011.
Daily Bag Limit: 20 ducks, which may include no more than 5
pintail, 3 canvasback, 5 black ducks, 1 hooded merganser, 5 wood ducks,
3 redheads, and 9 mallards (only 4 of which may be hens).

Canada and Snow Geese

Season Dates: Open September 1, through November 30, 2010; and open
January 1, 2010, through February 8, 2011.
Daily Bag Limit: 10 geese.

Other Geese (White-Fronted Geese and Brant)

Season Dates: Open September 20, through November 30, 2010.
Daily Bag Limit: Five geese.

Sora Rails, Common Snipe, and Woodcock

Season Dates: Open September 1, through November 14, 2010.
Daily Bag Limit: 10 rails, 10 snipe, and 5 woodcock.

Mourning Doves

Season Dates: Open September 1, through November 14, 2010.
Daily Bag Limit: 10 mourning doves.
General Conditions: A valid Grand Traverse Band Tribal license is
required and must be in possession before taking any wildlife. All
other basic regulations contained in 50 CFR part 20 are valid. Other
Tribal regulations apply, and may be obtained at the Tribal office in
Suttons Bay, Michigan.
(e) Great Lakes Indian Fish and Wildlife Commission, Odanah,
Wisconsin (Tribal Members Only).
The 2010-11 waterfowl hunting season regulations apply to all
treaty areas (accept where noted):

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

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 after December 1 will also be open
concurrently for Tribal members.
Daily Bag Limit: 20 geese in aggregate.

Other Migratory Birds

Coots and Common Moorhens (Common Gallinules)

Season Dates: Begin September 15 and end December 31, 2010.
Daily Bag Limit: 20 coots and common moorhens (common gallinules),
singly or in the aggregate.

Sora and Virginia Rails

Season Dates: Begin September 15 and end December 31, 2010.
Daily Bag Limits: 20 Sora and Virginia rails, singly or in the
aggregate.
Possession Limit: 25.

Common Snipe

Season Dates: Begin September 15 and end December 31, 2010.
Daily Bag Limit: 16 common snipe.

Woodcock

Season Dates: Begin September 7 and end December 1, 2010.
Daily Bag Limit: 10 woodcock.

Mourning Dove: 1837 and 1842 Ceded Territories

Season Dates: Begin September 1 and end November 9, 2010.
Daily Bag Limit: 15.

General Conditions

1. All Tribal members will be required to obtain a valid Tribal
waterfowl hunting permit.
2. Except as otherwise noted, Tribal members will be required to
comply with Tribal codes that will be no less restrictive than the
model ceded territory conservation codes approved by Federal courts in
the Lac Courte Oreilles v. State of Wisconsin (Voigt) and Mille Lacs
Band v. State of Minnesota, and United States v. Michigan cases.
Chapter 10 in each of these model codes regulates ceded territory
migratory bird hunting. All versions of Chapter 10 parallel Federal
requirements as to hunting methods, transportation, sale, exportation,
and other conditions generally applicable to migratory bird hunting.
They also automatically incorporate by reference the Federal migratory
bird regulations contained in 50 CFR part 20.
3. Particular regulations of note include:
i. Nontoxic shot is required for all off-reservation waterfowl
hunting by Tribal members.
ii. Tribal members in each zone shall comply with Tribal
regulations providing for closed and restricted waterfowl hunting
areas. These regulations generally incorporate the same restrictions
contained in parallel State regulations.
iii. Possession limits for each species are double the daily bag
limit, except on the opening day of the season, when the possession
limit equals the daily bag limit, unless otherwise noted above.
Possession limits are applicable only to transportation and do not
include birds that are cleaned, dressed, and at a member's primary
residence. For purposes of enforcing bag and possession limits, all
migratory birds in the possession and custody of Tribal members on
ceded lands will be considered to have been taken on those lands unless
tagged by a Tribal or State conservation warden as taken on reservation
lands. All migratory birds that fall on reservation lands will not
count as part of any off-reservation bag or possession limit.
iv. The baiting restrictions included in section 10.05(2)(h) of the
model ceded territory conservation code will be amended to include
language which parallels that in place for non-Tribal members as
published at 64 FR 29799, June 3, 1999.
v. The shell limit restrictions included in section 10.05(2)(b) of
the model ceded territory conservation code will be removed.
vi. Hunting hours shall be from a half hour before sunrise to 15
minutes after sunset.
4. Michigan--Duck Blinds and Decoys. Tribal members hunting in
Michigan will comply with Tribal codes that contain provisions parallel
to Michigan law regarding duck blinds and decoys.
(g) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal
Members and Nontribal Hunters).

Nontribal Hunters on Reservation

Geese

Season Dates: Open September 1, through September 13, 2010, for the

[[Page 53780]]

early-season, and open October 2, 2010, through January 31, 2011, for
the late-season. During this period, days to be hunted are specified by
the Kalispel Tribe. Nontribal hunters should contact the Tribe for more
detail on hunting days.
Daily Bag and Possession Limits: 5 Canada geese for the early
season, and 3 light geese and 4 dark geese, for the late season. The
daily bag limit is 2 brant (when the State's season is open) and is in
addition to dark goose limits for the late-season. The possession limit
is twice the daily bag limit.

Tribal Hunters Within Kalispel Ceded Lands

Ducks

Season Dates: Open September 1, 2010, through January 31, 2011.
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, 2010, through January 31, 2011.
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.
(i) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members
Only).

Ducks

Season Dates: Open September 18, through December 31, 2010.
Daily Bag Limits: 10 ducks.

Geese

Season Dates: Open September 1, through December 31, 2010.
Daily Bag Limits: 10 geese.
General: Possession limits are twice the daily bag limits. Shooting
hours are one-half hour before sunrise to one-half hour after sunset.
Nontoxic shot is required. Use of live decoys, bait, and commercial use
of migratory birds are prohibited. Waterfowl may not be pursued or
taken while using motorized craft.
(j) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal
Members Only).

Ducks

Season Dates: Open September 15, 2010, through January 20, 2011.
Daily Bag and Possession Limits: 12 ducks, including no more than 2
pintail, 2 canvasback, 1 hooded merganser, 3 black ducks, 3 wood ducks,
3 redheads, and 6 mallards (only 3 of which may be hens). The
possession limit is twice the daily bag limit.

Canada Geese

Season Dates: Open September 1, 2010, through February 8, 2011.
Daily Bag and Possession Limits: Five Canada geese and possession
limit is twice the daily bag limit.

White-Fronted Geese, Snow Geese, Ross Geese, and Brant

Season Dates: Open September 20, through November 30, 2010.
Daily Bag and Possession Limits: Five birds and the possession
limit is twice the daily bag limit.

Mourning Doves, Rails, Snipe, and Woodcock

Season Dates: Open September 1, through November 14, 2010.
Daily Bag and Possession Limits: 10 doves, 10 rails, 10 snipe, and
5 woodcock. The possession limit is twice the daily bag limit.

General

1. All Tribal members are required to obtain a valid Tribal
resource card and 2010-11 hunting license.
2. Except as modified by the Service rules adopted in response to
this proposal, these amended regulations parallel all Federal
regulations contained in 50 CFR part 20.
3. Particular regulations of note include:
i. Nontoxic shot will be required for all waterfowl hunting by
Tribal members.
ii. Tribal members in each zone will comply with Tribal regulations
providing for closed and restricted waterfowl hunting areas. These
regulations generally incorporate the same restrictions contained in
parallel State regulations.
iii. Possession limits for each species are double the daily bag
limit, except on the opening day of the season, when the possession
limit equals the daily bag limit, unless otherwise noted above.
4. Tribal members hunting in Michigan will comply with Tribal codes
that contain provisions parallel to Michigan law regarding duck blinds
and decoys.
(k) The Little Traverse Bay Bands of Odawa Indians, Petoskey,
Michigan (Tribal Members Only).

Ducks

Season Dates: Open September 15, 2010, through January 31, 2011.
Daily Bag Limits: 20 ducks, including no more than 5 hen mallards,
5 black ducks, 5 redheads, 5 wood ducks, 5 pintail, 5 hooded merganser,
5 scaup, and 5 canvasback.

Coots and Gallinules

Season Dates: Open September 1, through December 31, 2010.
Daily Bag Limit: 20.

Canada Geese

Season Dates: Open September 1, 2010, through February 8, 2011.
Daily Bag Limit: 20.

White-Fronted Geese, Snow Geese, and Brant

Season Dates: Open September 1, 2010, through February 8, 2011.
Daily Bag Limit: 20 geese in aggregate.

Sora and Virginia Rails

Season Dates: Open September 1, through December 31, 2010.
Daily Bag Limit: 20.

Snipe

Season Dates: Open September 15, through December 31, 2010.
Daily Bag Limit: 16.

Mourning Doves

Season Dates: Open September 1, through November 9, 2010.
Daily Bag Limit: 15.

Woodcock

Season Dates: Open September 5, through December 1, 2010.
Daily Bag Limit: 10.
General: Possession limits are twice the daily bag limits.
(l) 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 11, 2010, through March 10, 2011.
Daily Bag and Possession Limits: Six ducks, including no more than
one hen mallard, two scaup, one mottled duck, two redheads, two wood
ducks, one canvasback, and one pintail. Coot daily bag limit is 15.
Merganser daily bag limit is five, including no more than two hooded
merganser. The possession limit is twice the daily bag limit.
(m) Lower Elwha Klallam Tribe, Port Angeles, Washington (Tribal
Members Only).

Ducks

Season Dates: Open September 18, through December 31, 2010.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one pintail, one canvasback, and two redheads.

[[Page 53781]]

Possession limit is twice the daily bag limit. Bag and possession
limits for harlequin ducks is one per season.

Geese

Season Dates: Open September 18, through December 31, 2010.
Daily Bag and Possession Limits: Four geese, and may include no
more than three light geese. The seasons on Aleutian Canada geese and
Brant are closed. Possession limit is twice the daily bag limit.

Coots

Season Dates: Open September 18, through December 31, 2010.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.

Mourning Doves

Season Dates: Open September 18, through December 31, 2010.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Snipe

Season Dates: Open September 18, through December 31, 2010.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

Band-Tailed Pigeon

Season Dates: Open September 18, through December 31, 2010.
Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
General: Tribal members must possess a Tribal hunting permit from
the Lower Elwha Klallam Tribe pursuant to Tribal law. Hunters must
observe all basic Federal migratory bird hunting regulations in 50 CFR
part 20.
(n) Makah Indian Tribe, Neah Bay, Washington (Tribal Members).

Band-Tailed Pigeons

Season Dates: Open September 18, through October 31, 2010.
Daily Bag Limit: Two band-tailed pigeons.

Ducks and Coots

Season Dates: Open September 25, 2010, through January 30, 2011.
Daily Bag Limit: Seven ducks including no more than five mallards
(only two of which can be a hen), one redhead, one pintail, three
scaup, and one canvasback. The seasons on wood duck and harlequin are
closed.

Geese

Season Dates: Open September 25, 2010, through January 30, 2011.
Daily Bag Limit: Four including no more than one brant. The seasons
on Aleutian and dusky Canada geese are closed.

General

All other Federal regulations contained in 50 CFR part 20 apply.
The following restrictions also apply:
(1) As per Makah Ordinance 44, only shotguns may be used to hunt
any species of waterfowl. Additionally, shotguns must not be discharged
within 0.25 miles of an occupied area.
(2) Hunters must be eligible, enrolled Makah Tribal members and
must carry their Indian Treaty Fishing and Hunting Identification Card
while hunting. No tags or permits are required to hunt waterfowl;.
(3) The Cape Flattery area is open to waterfowl hunting, except in
designated wilderness areas, or within 1 mile of Cape Flattery Trail,
or in any area that is closed to hunting by another ordinance or
regulation.
(4) The use of live decoys and/or baiting to pursue any species of
waterfowl is prohibited.
(5) Steel or bismuth shot only for waterfowl is allowed; the use of
lead shot is prohibited.
(6) The use of dogs is permitted to hunt waterfowl.
(7) Shooting hours for all species of waterfowl are one-half hour
before sunrise to one-half hour after sunset.
(8) Open hunting areas are: GMUs 601 (Hoko), a portion of the 602
(Dickey) encompassing the area north of a line between Norwegian
Memorial and east to Highway 101, and 603 (Pysht).
(o) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona
(Tribal Members and Nontribal Hunters).

Band-Tailed Pigeons

Season Dates: Open September 1, through September 30, 2010.
Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.

Mourning Doves

Season Dates: Open September 1, through September 30, 2010.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
General Conditions: Tribal and nontribal hunters will comply with
all basic Federal migratory bird hunting regulations in 50 CFR part 20,
regarding shooting hours and manner of taking. In addition, each
waterfowl hunter 16 years of age or over must carry on his/her person a
valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed
in ink across the face. Special regulations established by the Navajo
Nation also apply on the reservation.
(p) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal
Members Only).

Ducks (Including Mergansers)

Season Dates: Open September 18, through November 19, 2010, and
open November 29, through December 5, 2010.
Daily Bag and Possession Limits: Six, including no more than six
mallards (three hen mallards), six wood ducks, one redhead, two
pintail, and one hooded merganser. The possession limit is twice the
daily bag limit.

Geese

Season Dates: Open September 1, through November 19, 2010; and open
November 29, through December 26, 2010.
Daily Bag and Possession Limits: 5 and 10 Canada geese,
respectively, from September 1, through September 19, 2010; and 3 and 6
Canada geese, respectively, the remainder of the season. Hunters will
be issued five Tribal tags during the early season and three Tribal
tags during the late season for geese in order to monitor goose
harvest. An additional three tags will be issued each time birds are
registered. A seasonal quota of 300 birds is adopted. If the quota is
reached before the season concludes, the season will be closed at that
time.

Woodcock

Season Dates: Open September 4, through November 7, 2010.
Daily Bag and Possession Limits: 5 and 10 woodcock, respectively.

Dove

Season Dates: Open September 1, through November 7, 2010.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
General Conditions: Tribal member shooting hours are one-half hour
before sunrise to one-half hour after sunset. Nontribal members hunting
on the Reservation or on lands under the jurisdiction of the Tribe must
comply with all State of Wisconsin regulations, including season dates,
shooting hours, and bag limits which differ from Tribal member seasons.
Tribal members and nontribal members hunting on the Reservation or on
lands under the jurisdiction of the Tribe will observe all basic
Federal migratory bird hunting regulations found in 50 CFR part 20,
with the following exceptions: Tribal members are exempt from the
purchase of the Migratory Waterfowl Hunting and Conservation Stamp
(Duck Stamp); and shotgun capacity is not limited to three shells.
(q) Point No Point Treaty Council, Kingston, Washington (Tribal
Members Only).

[[Page 53782]]

Jamestown S'Klallam Tribe

Ducks

Season Dates: Open September 15, 2010, through February 1, 2011.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one pintail, one canvasback, four scoters, and
two redheads. Possession limit is twice the daily bag limit. Bag and
possession limits for harlequin ducks is one per season.

Geese

Season Dates: Open September 15, 2010, through March 10, 2011.
Daily Bag and Possession Limits: Four geese, and may include no
more than three light geese. The seasons on Aleutian and cackling
Canada geese are closed. Possession limit is twice the daily bag limit.

Brant

Season Dates: Open January 15 through 31, 2011.
Daily Bag and Possession Limits: Two and four, respectively.

Coots

Season Dates: Open September 15, 2010, through February 1, 2011.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.

Mourning Doves

Season Dates: Open September 15, 2010, through January 14, 2011.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Snipe

Season Dates: Open September 15, 2010, through March 10, 2011.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

Band-Tailed Pigeon

Season Dates: Open September 15, 2010, through March 10, 2011.
Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.

Port Gamble S'Klallam Tribe

Ducks

Season Dates: Open September 1, 2010, through February 1, 2011.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one pintail, one canvasback, four scoters, and
two redheads. Possession limit is twice the daily bag limit. Bag and
possession limits for harlequin ducks is one per season.

Geese

Brant

Season Dates: Open November 13, 2010, through January 31, 2011.
Daily Bag and Possession Limits: 2 and 4, respectively.

Coots

Season Dates: Open September 1, 2010, through February 1, 2011.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.

Mourning Doves

Season Dates: Open September 1, 2010, through January 31, 2011.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Snipe

Season Dates: Open September 1, 2010, through March 10, 2011.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

Band-Tailed Pigeon

Season Dates: Open September 1, 2010, through March 10, 2011.
Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
General: Tribal members must possess a Tribal hunting permit from
the Point No Point Tribal Council pursuant to Tribal law. Hunting hours
are from one-half hour before sunrise to sunset. Hunters must observe
all other basic Federal migratory bird hunting regulations in 50 CFR
part 20.
(r) Sault Ste. Marie Tribe of Chippewa Indians, Sault Ste. Marie,
Michigan (Tribal Members Only).

Mourning Doves

Season Dates: Open September 1, through November 14, 2010.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
General: Tribal members must possess a Tribal hunting permit from
the Sault Ste. Marie Tribe pursuant to Tribal law. Shooting hours are
one-half hour before sunrise until 15 minutes after sunset. Hunters
must observe all other basic Federal migratory bird hunting regulations
in 50 CFR part 20.
(t) Skokomish Tribe, Shelton, Washington (Tribal Members Only).

Ducks and Mergansers

Season Dates: Open September 16, 2010, through February 28, 2011.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one pintail, one canvasback, one harlequin per
season, and two redheads. Possession limit is twice the daily bag limit
(except for harlequin).

Geese

Season Dates: Open September 16, 2010, through February 28, 2011.
Daily Bag and Possession Limits: Four geese, and may include no
more than three light geese. The season on Aleutian Canada geese is
closed. Possession limit is twice the daily bag limit.

Brant

Season Dates: Open November 1, 2010, through February 15, 2011.
Daily Bag and Possession Limits: Two and four brant, respectively.

Coots

Season Dates: Open September 16, 2010, through February 28, 2011.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.

Mourning Doves

Season Dates: Open September 16, 2010, through February 28, 2011.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Snipe

Season Dates: Open September 16, 2010, through February 28, 2011.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

Band-Tailed Pigeon

Season Dates: Open September 16, 2010, through February 28, 2011.
Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
General Conditions: All hunters authorized to hunt migratory birds
on the reservation must obtain a Tribal hunting permit from the
respective Tribe. Hunters are also required to adhere to a number of
special regulations available at the Tribal office. Hunters must
observe all other basic Federal migratory bird hunting regulations in
50 CFR part 20.
(u) Spokane Tribe of Indians, Spokane Indian Reservation,
Wellpinit, Washington (Tribal Members Only).

Ducks

Season Dates: Open September 2, 2010, through January 31, 2011.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, two pintail, one canvasback, three scaup, and
two redheads. Possession limit is twice the daily bag limit.

[[Page 53783]]

Geese

Season Dates: Open September 2, 2010, through January 31, 2011.
Daily Bag and Possession Limits: Four dark geese and six light
geese. Possession limit is twice the daily bag limit.
General Conditions: All Tribal hunters must have a valid Tribal ID
card on his or her person while hunting. Shooting hours are one-half
hour before sunrise to sunset, and steel shot is required for all
migratory bird hunting. Hunters must observe all other basic Federal
migratory bird hunting regulations in 50 CFR part 20.
(w) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal
Members Only).

Band-Tailed Pigeon

Season Dates: Open September 1, through December 31, 2010.
Daily Bag and Possession Limits: Four and eight, respectively.

Mourning Dove

Season Dates: Open September 1, through December 31, 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.
(y) Tulalip Tribes, Tulalip, Washington (Tribal Members Only).

Ducks

Season Dates: Open September 8, 2010, through February 28, 2011.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, two pintail, one canvasback, three scaup, and
two redheads. Possession limit is twice the daily bag limit.

Geese

Season Dates: Open September 8, 2010, through February 28, 2011.
Daily Bag and Possession Limits: Seven geese. Possession limit is
twice the daily bag limit.

Brant

Season Dates: Open September 8, 2010, through February 28, 2011.
Daily Bag and Possession Limits: Two and four brant, respectively.

Coots

Season Dates: Open September 8, 2010, through February 28, 2011.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.

Snipe

Season Dates: Open September 8, 2010, and through February 28,
2011.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
General Conditions: All Tribal hunters must have a valid Tribal ID
card on his or her person while hunting. Shooting hours are one-half
hour before sunrise to sunset, and steel shot is required for all
migratory bird hunting. Hunters must observe all other basic Federal
migratory bird hunting regulations in 50 CFR part 20.
(z) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal
Members Only).

Mourning Dove

Season Dates: Open September 1, through December 31, 2010.
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.
(aa) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal
Members Only).

Canada Geese

Season Dates: Open September 13 through 30, 2010, and open October
30, 2010, through February 26, 2011.
Daily Bag Limits: Eight Canada geese during the first period and
three during the second.

Snow Geese

Season Dates: Open September 8 through 22, 2010.
Daily Bag Limits: 15 snow geese.
General Conditions: Shooting hours are one-half hour before sunrise
to sunset. Nontoxic shot is required. All other basic Federal migratory
bird hunting regulations contained in 50 CFR part 20 will be observed.
(bb) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal
Members Only).

Ducks

Season Dates: Open September 18, through December 12, 2010.
Daily Bag Limit for Ducks: 10 ducks, including no more than 2
female mallards, 1 pintail, and 1 canvasback.

Mergansers

Season Dates: Open Septemb

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