Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2010-11 Late Season, 59042-59048 [2010-23757]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 75, Number 185 (Friday, September 24, 2010)]
[Rules and Regulations]
[Pages 59042-59048]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23757]



[[Page 59041]]

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Part VI





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 20



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

Federal Register / Vol. 75 , No. 185 / Friday, September 24, 2010 / 
Rules and Regulations

[[Page 59042]]


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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 
Late Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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

DATES: This rule takes effect on September 24, 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.

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

SUPPLEMENTARY INFORMATION: 

Background

    The Migratory Bird Treaty Act of July 3, 1918 (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.
    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:
    (1) Harvest anticipated under the requested regulations;
    (2) Methods that would be employed to measure or monitor harvest 
(such as bag checks, mail questionnaires, etc.);
    (3) 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
    (4) Tribal capabilities to establish and enforce migratory bird 
hunting regulations.
    No action is required if a tribe wishes to observe the hunting 
regulations established by the State(s) in which an Indian reservation 
is located. We have successfully used the guidelines since the 1985-86 
hunting season. We finalized the guidelines beginning with the 1988-89 
hunting season (August 18, 1988, Federal Register [53 FR 31612]).
    Although the August 6 proposed rule included generalized 
regulations for both early- and late-season hunting, this rulemaking 
addresses only the late-season proposals. Early-season proposals were 
addressed in a final rule published in the September 1, 2010, Federal 
Register (75 FR 53774). As a general rule, early seasons begin during 
September each year and have a primary emphasis on such species as 
mourning and white-winged dove. Late seasons begin about September 24 
or later each year and have a primary emphasis on waterfowl. 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.

Status of Populations

    In the August 6 proposed rule and September 1 final rule, we 
reviewed the status for various populations for which seasons were 
proposed. This information included brief summaries of the May Breeding 
Waterfowl and Habitat Survey; population status reports for blue-winged 
teal, sandhill cranes, woodcock, mourning doves, white-winged doves, 
white-tipped doves, and band-tailed pigeons; and the status and harvest 
of waterfowl. The tribal seasons established below are commensurate 
with the population status. For more detailed information on 
methodologies and results, complete copies of the various reports are 
available at the street address indicated under ADDRESSES or from our 
Web site at https://www.fws.gov/migratorybirds/NewsPublicationsReports.html.

Comments and Issues Concerning Tribal Proposals

    For the 2010-11 migratory bird hunting season, we proposed 
regulations for 30 tribes or Indian groups that followed the 1985 
guidelines and were considered appropriate for final rulemaking. Some 
of the proposals submitted by the tribes had both early- and late-
season elements. However, as noted earlier, only those with late-season 
proposals are included in this final rulemaking; 14 tribes have 
proposals with late seasons. We also noted in the August 6 proposed 
rule (75 FR 47682) that we were proposing seasons for six Tribes that 
we usually hear from but that we had not yet received proposals from 
them. We subsequently received proposals from three of these six 
Tribes. We have not included the remaining three Tribes in this final 
rule.
    The comment period for the August 6 proposed rule closed on August 
16, 2010. We did not receive any comments on our May 13, 2010, proposed 
rule, which announced rulemaking on regulations for migratory bird 
hunting by American Indian tribal members, or on our August 6 proposed 
rule.

[[Page 59043]]

National Environmental Policy Act (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. We 
proposed no changes to the season frameworks for the 2010-11 season, 
and as such, we again considered these three alternatives. The final 
frameworks depended on population status information. 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 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 address indicated under ADDRESSES or by 
viewing on 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. A Federal agency may not conduct or sponsor 
and a person is not required to respond to a collection of

[[Page 59044]]

information unless it displays a currently valid OMB control number.

Unfunded Mandates Reform Act

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

Civil Justice Reform--Executive Order 12988

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

Takings Implication Assessment

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

Energy Effects--Executive Order 13211

    Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. While this rule is a 
significant regulatory action under Executive Order 12866, it is not 
expected to adversely affect energy supplies, distribution, or use. 
Therefore, this action is not a significant energy action and no 
Statement of Energy Effects is required.

Government-to-Government Relationship with Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we 
have evaluated possible effects on Federally recognized Indian tribes 
and have determined that there are no effects on Indian trust 
resources. 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.

Rulemaking Process

    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 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.

Regulations Promulgation

0
Accordingly, part 20, subchapter B, chapter I of title 50 of the Code 
of Federal Regulations is amended as follows:

PART 20--[AMENDED]

0
1. The authority citation for part 20 continues to read as follows:

    Authority: Migratory Bird Treaty Act, 40 Stat. 755, 16 U.S.C. 
703-712; Fish and Wildlife Act of 1956, 16 U.S.C. 742a-j; Pub. L. 
106-108, 113 Stat. 1491, Note Following 16 U.S.C. 703.


    Note:  The following hunting regulations provided for by 50 CFR 
20.110 will not appear in the Code of Federal Regulations because of 
their seasonal nature.


0
2. Amend Sec.  20.110 by revising paragraphs (a), (b), (f) through (i), 
(l), (o), (s), (v) through (aa), and (cc), to read as set forth below. 
(Current Sec.  20.110 was published at 74 FR 51507, September 2, 2009, 
and amended at 75 FR 49294, September 25, 2009, and 75 FR 53774, 
September 1, 2010.)


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 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.

Ducks (including mergansers)

    Season Dates: Open October 9, 2010, through January 23, 2011.
    Daily Bag and Possession Limits: Seven ducks, including two hen 
mallards, two redheads, two Mexican ducks, two goldeneye, two cinnamon 
teal, three scaup, and one pintail. The season on canvasback is closed. 
The possession limit is twice the daily bag limit.

[[Page 59045]]

Coots and Common Moorhens

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots and common moorhens, 
singly or in the aggregate.

Geese

    Season Dates: Open October 16, 2010, through January 23, 2011.
    Daily Bag and Possession Limits: Three geese, including no more 
than three dark (Canada) geese and three white (snow, blue, Ross's) 
geese. The possession limit is six dark geese and six white geese.
    General Conditions: All persons 14 years and older must be in 
possession of a valid Colorado River Indian Reservation hunting permit 
before taking any wildlife on tribal lands. Any person transporting 
game birds off the Colorado River Indian Reservation must have a valid 
transport declaration form. Other tribal regulations apply, and may be 
obtained at the Fish and Game Office in Parker, Arizona.
    (b) Confederated Salish and Kootenai Tribes, Flathead Indian 
Reservation, Pablo, Montana (Tribal Members and Nontribal Hunters).

Tribal Members Only

Ducks (including mergansers)

    Season Dates: Open September 1, 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.

Nontribal Hunters

Ducks (including mergansers)

    Scaup Season Dates: Open October 2 through December 26, 2010.
    Season Dates: Open October 2, 2010, through January 16, 2011.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, two pintail, three scaup (when open), one 
canvasback, and two redheads. The possession limit is twice the daily 
bag limit.

Coots

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: The daily bag and possession limit 
is 25.

Geese

Dark Geese

    Season Dates: Open October 2, 2010, through January 16, 2011.
    Daily Bag and Possession Limits: Four and eight geese, 
respectively.

Light Geese

    Season Dates: Open October 2, 2010, through January 16, 2011.
    Daily Bag and Possession Limits: 10 and 20 geese, respectively.

Youth Waterfowl Hunt

    Season Dates: September 25-26, 2010.
    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.
* * * * *
    (f) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, 
New Mexico (Tribal Members and Nontribal Hunters).

Ducks (including mergansers)

    Season Dates: Open October 9 through November 30, 2010.
    Daily Bag and Possession Limits: The daily bag limit is seven, 
including no more than two hen mallards, two pintail, two redheads, one 
canvasback, and three scaup. The possession limit is twice the daily 
bag limit.

Canada Geese

    Season Dates: Open October 9 through November 30, 2010.
    Daily Bag and Possession Limits: Two and four, respectively.
    General Conditions: Tribal and nontribal hunters must comply with 
all basic Federal migratory bird hunting regulations in 50 CFR part 20 
regarding shooting hours and manner of taking. In addition, each 
waterfowl hunter 16 years of age or older must carry on his/her person 
a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) 
signed in ink across the stamp face. Special regulations established by 
the Jicarilla Tribe also apply on the reservation.
    (g) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal 
Members and Nontribal Hunters).

Nontribal Hunters on Reservation

Ducks

    Scaup Season Dates: Open September 25 through December 19, 2010.
    Regular Duck Season Dates: Open September 25, 2010, through January 
30, 2011. During this period, days to be hunted are specified by the 
Kalispel Tribe as weekends, holidays, and for a continuous period in 
the months of October and November, not to exceed 107 days total. 
Nontribal hunters should contact the Tribe for more detail on hunting 
days.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two female mallards, two pintail, one canvasback, three scaup 
(when open), and two redheads. The possession limit is twice the daily 
bag limit.

Geese

    Season Dates: Open September 1 through 13, 2010, for the 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 6 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 Limits: 6 light geese and 4 dark geese. The daily bag 
limit is 2 brant and is in addition to dark goose limits.
    General Conditions: Tribal members must possess a validated 
Migratory Bird Hunting and Conservation Stamp and a tribal ceded lands 
permit.
    (h) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only).

Ducks

    Season Dates: Open October 1, 2010, through January 31, 2011.
    Daily Bag and Possession Limits: 9 and 18 ducks, respectively.

[[Page 59046]]

Coots

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots.

Geese

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 9 and 18 geese, respectively.
    General Conditions: The Klamath Tribe provides its game management 
officers, biologists, and wildlife technicians with regulatory 
enforcement authority, and has a court system with judges that hear 
cases and set fines. Nontoxic shot is required. Shooting hours are one-
half hour before sunrise to one-half hour after sunset.
    (i) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members 
Only).

Ducks

    Season Dates: Open September 18, through December 31, 2010.
    Daily Bag and Possession Limits: 10 ducks, including no more than 5 
pintail, 5 canvasback, and 5 black ducks. The possession limit is twice 
the daily bag limit.

Geese

    Season Dates: Open September 4, through December 31, 2010.
    Daily Bag and Possession Limits: 10 and 20 geese, respectively.
    General Conditions: 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.
* * * * *
    (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.

Canada Geese

    Season Dates: Open October 2, 2010, through March 10, 2011.
    Daily Bag and Possession Limits: Three and six, respectively.

White-fronted Geese

    Season Dates: Open October 2, 2010, through March 10, 2011.
    Daily Bag and Possession Limits: Two and four, respectively.

Light Geese

    Season Dates: Open October 2, 2010, through March 10, 2011.
    Daily Bag and Possession Limits: 20 and 40, respectively.

Nontribal Hunters

Ducks (including mergansers and coots)

    Season Dates: Open October 9, 2010, through January 13, 2011.
    Daily Bag and Possession Limits: Six ducks, including no more than 
one hen mallard, two scaup, one mottled duck, one canvasback, two 
redheads, two wood ducks, and one pintail. Coot daily bag limit is 15. 
Merganser daily bag limit is five, including no more than two hooded 
mergansers. The possession limit is twice the daily bag limit.

Canada Geese

    Season Dates: Open October 30, 2010, through February 13, 2011.
    Daily Bag and Possession Limits: Three and six, respectively.

White-fronted Geese

    Season Dates: Open October 30, 2010, through January 7, 2011, and 
open January 29 through February 13, 2011.
    Daily Bag and Possession Limits: One and two, respectively.

Light Geese

    Season Dates: Open October 30, 2010, through January 10, 2011, and 
open February 5 through March 10, 2011.
    Daily Bag and Possession Limits: 20 and 40, respectively.
    General Conditions: All hunters must comply with the basic Federal 
migratory bird hunting regulations in 50 CFR part 20, including the use 
of steel shot. Nontribal hunters must possess a validated Migratory 
Bird Hunting and Conservation Stamp. The Lower Brule Sioux Tribe has an 
official Conservation Code that hunters must adhere to when hunting in 
areas subject to control by the Tribe.
* * * * *
    (o) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona 
(Tribal Members and Nontribal Hunters).

Band-tailed Pigeons

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

Mourning Doves

    Season Dates: Open September 1 through 30, 2010.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Ducks (including mergansers and coots)

    Scaup Season Dates: Open September 25 through December 19, 2010.
    Season Dates: Open September 25, 2010, through January 9, 2011.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, three scaup (when open), one mottled duck, one 
canvasback, two redheads, and two pintail. Coot daily bag limit is 25. 
Merganser daily bag limit is seven. The possession limit is twice the 
daily bag limit.

Canada Geese

    Season Dates: Open September 25, 2010, through January 9, 2011.
    Daily Bag and Possession Limits: Four and eight, 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.
* * * * *
    (s) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort 
Hall, Idaho (Nontribal Hunters).

Ducks and Mergansers

    Scaup Season Dates: Open October 2 through December 26, 2010.
    Season Dates: Open October 2, 2010, through January 16, 2011.
    Daily Bag and Possession Limits: Seven ducks and mergansers, 
including no more than two hen mallards, two pintail, three scaup (when 
open), one canvasback, and two redheads. The possession limit is twice 
the daily bag limit.

Coots

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots. The possession limit is 
twice the daily bag limit.

Common Snipe

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

[[Page 59047]]

Dark Geese

    Season Dates: Open October 2, 2010, through January 16, 2011.
    Daily Bag and Possession Limits: Four and eight, respectively.

Brant

    Season Dates: Open October 2 through November 1, 2010.
    Daily Bag and Possession Limits: Two and four, respectively.

Light Geese

    Season Dates: Open October 2, 2010, through January 16, 2011.
    Daily Bag and Possession Limits: 10 and 20, respectively.
    General Conditions: Nontribal hunters must comply with all basic 
Federal migratory bird hunting regulations in 50 CFR part 20 regarding 
shooting hours and manner of taking. In addition, each waterfowl hunter 
16 years of age or older must possess a valid Migratory Bird Hunting 
and Conservation Stamp (Duck Stamp) signed in ink across the stamp 
face. Other regulations established by the Shoshone-Bannock Tribes also 
apply on the reservation.
* * * * *
    (v) [Reserved.]
    (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.

Ducks (including mergansers)

    Season Dates: Open October 1, 2010, through February 15, 2011.
    Daily Bag and Possession Limits: 10 ducks, including no more than 7 
mallards of which only 3 may be hen mallards, 3 pintail, 3 canvasback, 
3 scaup, and 3 redheads. The possession limit is twice the daily bag 
limit.

Coot

    Season Dates: October 1, 2010, through January 31, 2011.
    Daily Bag and Possession Limits: 25 and 50, respectively.

Geese

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 6 and 12, respectively.

Brant

    Season Dates: Open October 1, 2010, through January 31, 2011.
    Daily Bag and Possession Limits: Three and six, respectively.

Snipe

    Season Dates: Open October 1, 2010, through January 31, 2011.
    Daily Bag and Possession Limits: 10 and 20, respectively.
    General Conditions: 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.
    (x) [Reserved.]
    (y) Tulalip Tribes, Tulalip, Washington (Tribal and Nontribal 
Members Only).

Tribal Members

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, through February 28, 2011.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

Nontribal Members on Reservation

Ducks (Including mergansers)

    Scaup Season Dates: Open November 6, 2010, through January 30, 
2011.
    Regular Duck Season Dates: Open October 16, 2010, through January 
30, 2011.
    Daily Bag and Possession Limits: Seven ducks and mergansers, 
including no more than two hen mallards, two pintail, one canvasback, 
three scaup (when open), and two redheads. Possession limit is twice 
the daily bag limit.

Dark Geese

    Season Dates: Open October 16, 2010, through January 30, 2011.
    Daily Bag and Possession Limits: Four and eight geese, 
respectively. Brant season is closed to nontribal hunters under final 
Federal frameworks in Sheldon County, Washington.

Light Geese

    Season Dates: Open November 14, 2010, through February 28, 2011.
    Daily Bag and Possession Limits: 10 and 20 geese, respectively.

Coots

    Season Dates: Open October 16, 2010, through January 30, 2011.
    Daily Bag and Possession Limits: 25 and 50 coots, respectively.

Snipe

    Season Dates: Open October 16, 2010, and through January 30, 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).

Ducks

    Season Dates: Open October 1, 2010, through February 28, 2011.
    Daily Bag and Possession Limits: 15 and 20, respectively. The 
season on canvasbacks is closed.

Coots

    Season Dates: Open October 15, 2010, through February 15, 2011.
    Daily Bag and Possession Limits: 20 and 30, respectively.

Geese

    Season Dates: Open October 15, 2010, through February 28, 2011.
    Daily Bag and Possession Limits: Seven and ten geese, respectively.

Brant

    Season Dates: Open November 1 through 10, 2010.

[[Page 59048]]

    Daily Bag and Possession Limits: Two and two, respectively.

Mourning Dove

    Season Dates: Open September 1 through December 31, 2010.
    Daily Bag and Possession Limits: 12 and 15 mourning doves, 
respectively.
    General Conditions: 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).

Teal

    Season Dates: Open October 12, 2010, through January 27, 2011.
    Daily Bag Limits: Ten teal.

Ducks

    Season Dates: Open November 1, 2010, through February 28, 2011.
    Daily Bag Limits: Six ducks, including no more than four hen 
mallards, four black ducks, four mottled ducks, one fulvous whistling 
duck, four mergansers, three scaup, one hooded merganser, three wood 
ducks, one canvasback, two redheads, and one pintail. The season is 
closed for harlequin ducks.

Sea Ducks

    Season Dates: Open October 12, 2010, through February 28, 2011.
    Daily Bag Limits: Seven ducks including no more than four of any 
one species (only one of which may be a hen eider).

Woodcock

    Season Dates: Open October 12 through November 27, 2010.
    Daily Bag Limits: Three woodcock.

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.
* * * * *
    (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.

Ducks

    Scaup, Canvasback, and Pintail Season Dates: Open October 16 
through December 5, 2010.
    Other Duck Season Dates: Open October 16, 2010, through January 30, 
2011.
    Daily Bag Limits: Seven ducks, including no more than two hen 
mallards, three scaup (when open), two redheads, one canvasback (when 
open), and two pintail (when open).

Canada Geese

    Season Dates: Open October 16, 2010, through January 30, 2011.
    Daily Bag Limits: Three Canada geese per day.
    General Conditions: All nontribal hunters hunting band-tailed 
pigeons and mourning doves on Reservation lands shall have in their 
possession a valid White Mountain Apache Daily or Yearly Small Game 
Permit. In addition to a small game permit, all nontribal hunters 
hunting band-tailed pigeons must have in their possession a White 
Mountain Special Band-tailed Pigeon Permit. Other special regulations 
established by the White Mountain Apache Tribe apply on the 
reservation. Tribal and nontribal hunters will comply with all basic 
Federal migratory bird hunting regulations in 50 CFR Part 20 regarding 
shooting hours and manner of taking.

    Dated: September 16, 2010.
Thomas L. Strickland,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2010-23757 Filed 9-23-10; 8:45 am]
BILLING CODE 4310-55-P