Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2011-12 Early Season, 54676-54687 [2011-22497]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Rules and Regulations]
[Pages 54676-54687]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22497]



[[Page 54675]]

Vol. 76

Thursday,

No. 170

September 1, 2011

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 2011-12 Early 
Season; Final Rule

Federal Register / Vol. 76 , No. 170 / Thursday, September 1, 2011 / 
Rules and Regulations

[[Page 54676]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[Docket No. FWS-R9-MB-2011-0014; 91200-1231-9BPP-L2]
RIN 1018-AX34


Migratory Bird Hunting; Migratory Bird Hunting Regulations on 
Certain Federal Indian Reservations and Ceded Lands for the 2011-12 
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, 2011.

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-
2011-0014.

FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, U.S. Fish and Wildlife 
Service, Department of the Interior, MS MBSP-4107-ARLSQ, 1849 C Street, 
NW., Washington, DC 20240; (703) 358-1714.

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 8, 2011, Federal Register (76 FR 48694), we proposed 
special migratory bird hunting regulations for the 2011-12 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 April 8, 2011, Federal Register (76 FR 19876), we requested 
that tribes desiring special hunting regulations in the 2011-12 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 8, 2011, 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 April 
8, 2011, 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 8 proposed rule.
    Although the August 8 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 21 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 8 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 FOR FURTHER INFORMATION CONTACT or from our Web site at https://www.fws.gov/migratorybirds/NewsPublicationsReports.html.

Waterfowl Breeding and Habitat Survey

    Federal, provincial, and State agencies conduct surveys each spring 
to estimate the size of breeding populations and to evaluate the 
conditions of the habitats. These surveys are conducted using fixed-
wing aircraft, helicopters, and ground crews and encompass principal 
breeding areas of North America, covering an area over 2.0 million 
square miles. The traditional survey area comprises Alaska, Canada, and 
the northcentral United States, and includes approximately 1.3 million 
square miles. The eastern survey area includes parts of Ontario, 
Quebec, Labrador, Newfoundland, Nova Scotia, Prince Edward Island, New 
Brunswick, New York, and Maine, an area of approximately 0.7 million 
square miles.
    Overall, habitat conditions during the 2011 Waterfowl Breeding 
Population and Habitat Survey were characterized by average to above-
average moisture and a normal winter and spring across the traditional 
and eastern survey areas. The exception was the west-central portion of 
the traditional survey area

[[Page 54677]]

that received below-average moisture. The total pond estimate (Prairie 
Canada and United States combined) was 8.1  0.2 million. 
This was 22 percent above the 2010 estimate and 62 percent above the 
long-term average (1974-2010) of 5.0  0.03 million ponds. 
The 2011 estimate of ponds in Prairie Canada was 4.9  0.2 
million. This was 31 percent above last year's estimate (3.7  0.2 million) and 43 percent above the long-term average (1961-
2010; 3.4  0.03 million). The 2011 pond estimate for the 
north-central United States was 3.2  0.1 million, which was 
similar to last year's estimate (2.9  0.1 million) and 102 
percent above the long-term average (1974-2010; 1.6  0.02 
million). Additional details of the 2011 Survey were provided in the 
July 26 Federal Register and are available from our Web site at https://www.fws.gov/migratorybirds/NewsPublicationsReports.html.
Breeding Population Status
    In the traditional survey area, which includes strata 1-18, 20-50, 
and 75-77, the total duck population estimate was 45.6  0.8 
[SE] million birds. This estimate represents an 11 percent increase 
over last year's estimate of 40.9  0.7 million birds and 
was 35 percent above the long-term average (1955-2010). Estimated 
mallard (Anas platyrhynchos) abundance was 9.2  0.3 million 
birds, which was 9 percent above the 2010 estimate of 8.4  
0.3 million birds and 22 percent above the long-term average. Estimated 
abundance of gadwall (A. strepera; 3.3  0.2 million) was 
similar to the 2010 estimate and 80 percent above the long-term 
average. Estimated abundance of American wigeon (A. americana; 2.1 
 0.1 million) was 14 percent below the 2010 estimate and 20 
percent below the long-term average. The estimated abundance of green-
winged teal (A. crecca) was 2.9  0.2 million, which was 17 
percent below the 2010 estimate and 47 percent above their long-term 
average. The estimate of blue-winged teal abundance (A. discors) was 
8.9  0.4 million, which was 41 percent above the 2010 
estimate and 91 percent above their long-term average. The estimate for 
northern pintails (A. acuta; 4.4  0.3 million) was 26 
percent above the 2010 estimate, and similar to the long-term average. 
The northern shoveler estimate (A. clypeata) was 4.6  0.2 
million, which was 14 percent above the 2010 estimate and 98 percent 
above the long-term average. Redhead abundance (Aythya americana; 1.4 
 0.1 million) was 27 percent above the 2010 estimate and 
106 percent above the long-term average. The canvasback estimate (A. 
valisineria; 0.7  0.05 million) was similar to the 2010 
estimate and 21 percent above the long-term average. Estimated 
abundance of scaup (A. affinis and A. marila combined; 4.3  
0.3 million) was similar to that of 2010 and 15 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. Estimated abundance of mallards in the 
eastern survey area was 0.4  0.1 million, which was similar 
to the 2010 estimate and the long-term average (1990-2010). Abundance 
estimates of green-winged teal, ring-necked duck (A. collaris), 
goldeneyes (common [Bucephala clangula] and Barrow's [B. islandica]), 
and mergansers (red-breasted [Mergus serrator], common [M. merganser], 
and hooded [Lophodytes cucullatus]) were all similar to their 2010 
estimates and long-term averages. The American black duck (Anas 
rubripes) estimate was 0.55  0.04 million, which was 
similar to the 2010 estimate and 13 percent below the long-term average 
of 0.63 million.
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 
11.9  1.1 million birds. This was similar to the 2010 
estimate of 10.3  0.9 million in 2010.

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's geese (C. rossii), emperor geese 
(C. canagica), white-fronted geese (Anser albifrons), and tundra swans 
(Cygnus columbianus). Production of arctic-nesting geese depends 
heavily upon the timing of snow and ice melt, and on spring and early 
summer temperatures. In 2011, snowmelt timing was average to slightly 
below average throughout most of the important goose breeding areas, 
and most of North America will see average, or slightly below-average, 
fall flights of geese this year. Conditions in the central Arctic, 
especially near Queen Maud Gulf, improved relative to last year's very 
late spring, so improved production of snow and Ross's geese and mid-
continent white-fronted geese is expected. Gosling production of Canada 
goose populations that migrate to the Atlantic and Mississippi Flyways 
should generally be good in 2011, with the possible exceptions of the 
Eastern Prairie and Mississippi Valley populations. Conditions 
throughout Alaska and northwestern Canada were very good. As a result, 
Pacific Flyway white-fronted geese, brant, and most Canada geese 
experienced average to above-average production. Indices of wetland 
abundance in the Canadian and U.S. prairies in 2011 were generally 
excellent, and were particularly improved relative to 2010 in Canada. 
This likely improved nesting and brood rearing success of temperate-
nesting Canada geese this year. However, flooding along many river 
systems may have destroyed some nests. Well-above or near-average 
wetland abundance in the United States 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 decreased (<-10 percent) for 7 goose 
populations and increased (>10 percent) for 10 goose populations from 
2010 to 2011. Indices of 12 other populations remained similar among 
years. Primary abundance indices decreased for western tundra swans and 
remained unchanged for eastern tundra swans. The following populations 
displayed significant (P < 0.05) positive trends during the most recent 
10-year period: Mississippi Flyway Giant, Short Grass Prairie, and Hi-
line Canada geese; Western Arctic Wrangel Island and Western Central 
Flyway light geese; Pacific white-fronted geese and Pacific brant. Only 
the Atlantic Flyway Resident goose population showed a significant 
negative 10-year trend.

Waterfowl Harvest and Hunter Activity

    National surveys of migratory bird hunters were conducted during 
the 2009 and 2010 hunting seasons. About 1.1 million waterfowl hunters 
harvested 13,139,800 (4 percent) ducks and 3,327,000 
(5 percent) geese in 2009, and about 1.1 million waterfowl 
hunters harvested 14,796,700 (4 percent) ducks and 
3,169,900 (5 percent) geese in 2010. 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 species in the goose harvest. Coot hunters 
(about 31,100 in 2009 and 50,500 in 2010) harvested 219,000 (34 percent) coots in 2009 and 302,600 (50 percent) in 
2010.

Comments and Issues Concerning Tribal Proposals

    For the 2011-12 migratory bird hunting season, we proposed 
regulations for 30 tribes and/or Indian groups that followed the 1985

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guidelines. Only 25 tribes were considered appropriate for final 
rulemaking because we did not receive proposals from 5 of the tribes 
for whom we had proposed regulations. 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; 21 tribes have proposals with early seasons. The comment 
period for the proposed rule, published on August 8, 2011, closed on 
August 18, 2011. Because of the necessary brief comment period, we will 
respond to any comments on the proposed rule and/or these regulations 
postmarked by August 18, but not received prior to final action by us, 
in the September late-season final rule. At this time, we have received 
one comment.

Great Lakes Indian Fish and Wildlife Commission's (GLIFWC) Proposal

    We received one comment on the August 8 proposed rule from the 
State of Wisconsin. The State of Wisconsin, Department of Natural 
Resources (WIDNR) noted the long history of working cooperatively with 
GLIFWC and individual tribes in the conservation of Wisconsin's 
waterfowl and wetland resources. However, WIDNR believed the most 
significant problem with the GLIFWC proposal was the request to allow 
tribal members to hunt with the use of electronic calls for ducks and 
geese within the ceded territory. WIDNR believes that, since the ceded 
territory covers \1/3\ of the State of Wisconsin and significant areas 
of public hunting grounds and waters, the use of electronic calls by 
tribal hunters would put any nontribal hunters in violation of the law 
when hunting in these areas. Thus, GLIFWC's proposal would, in effect, 
close public lands to hunting, increase conflicts among the hunting 
public creating a safety concern and an unmanageable law enforcement 
environment. WIDNR also opposed the extension of shooting hours to 60 
minutes past sunset and removing species restrictions from the daily 
bag limit because of safety and resource concerns.
    Service Response: As we stated in the August 8 proposed rule, the 
GLIFWC proposed regulations: Allow the use of electronic calls in the 
1837 and 1842 Treaty Areas; extend shooting hours by 45 minutes to 1 
hour after sunset in the 1837 and 1842 Treaty Areas and by 15 minutes 
to 30 minutes after sunset in the 1836 Treaty Area; increase the daily 
bag limits for ducks in the 1837 and 1842 Treaty Areas from 30 to 40 
ducks; eliminates all species restrictions within the bag limit for 
ducks in the 1837 and 1842 Treaty Areas; eliminate possession limits in 
the 1837 and 1842 Treaty Areas; and allow the use of unattended decoys 
in Michigan. While we acknowledge that tribal harvest and participation 
has declined in recent years, we do not believe that the proposal is 
the best plan for increasing tribal participation or for the 
conservation of migratory birds. In addition, as we have previously 
stated, we are willing to meet with the GLIFWC to explore possible ways 
to increase tribal participation in migratory bird hunting 
opportunities. We appreciated the opportunity we had to meet with the 
Tribes this year and in 2008 to discuss the mutual concerns we have for 
the migratory bird resource and future hunting opportunities.
    Removal of the electronic call prohibition would be inconsistent 
with our conservation concerns and we do not support allowing the use 
of electronic calls in the 1837 and 1842 Treaty Areas. Given available 
evidence on the effectiveness of electronic calls, we believe the 
potential for overharvest in localized areas could contribute to long-
term population declines. It is possible that hunter participation 
could increase beyond GLIFWC's estimates (50 percent) and could result 
in additional conservation impacts, particularly on locally breeding 
populations. Tribal waterfowl hunting covered by this proposal would 
occur on ceded lands that are not in the ownership of the Tribes. 
Difficulties of different sets of hunting regulations for different 
areas and groups of hunters would lead to confusion and frustration on 
the part of the public, hunters, wildlife-management agencies, and law 
enforcement. The allowance of electronic calls for tribal hunting on 
ceded lands would make those lands and other adjacent areas off-limits 
to waterfowl hunting anytime tribal hunters were hunting with 
electronic calls (due to the influence of electronic calls on birds). 
As proposed, we believe there are too many inherent problems with 
approving the use of these calls, much like baiting. We do not believe 
the use of electronic calls in the ceded areas is in the best interest 
of the resource. However, we remind GLIFWC that electronic calls are 
permitted for the take of resident Canada geese during Canada-goose-
only September seasons when all other waterfowl and crane seasons are 
closed. In the case of GLIFWC's proposed seasons, electronic calls 
could be used from September 1-14 for resident Canada geese (GLIFWC's 
duck season begins September 15). This regulatory change was 
implemented in 2006 in order to significantly increase the harvest of 
resident Canada geese due to widespread population overabundance, 
depredation issues, and public health and safety issues.
    We also cannot support increasing the shooting hours by 45 minutes 
in the 1837 and 1842 Treaty Areas (to 60 minutes after sunset). 
Significantly extending the shooting hours by 45 minutes only heightens 
our previously identified concerns regarding species identification, 
species conservation of locally breeding populations, retrieval of 
downed birds, hunter safety, and law enforcement impacts. It is widely 
considered dark 45 minutes after sunset, and we see no viable remedies 
to allay our concerns. Shooting this late would also significantly 
increase the potential take of non-game birds. However, in deference to 
tribal traditions and in the interest of cooperation, we will approve 
shooting 30 minutes after sunset (an extension of 15 minutes from the 
current 15 minutes after sunset). This would be consistent with other 
Tribes in the general area (Fond du Lac, Leech Lake, Oneida, Sault Ste 
Marie, and White Earth). While we acknowledge that we approved the use 
of 45 minutes after sunset at Mole Lake in 2004, this use was approved 
only on reservation lands, not ceded lands.
    We also do not favor increasing daily bag limits for ducks to the 
extent GLIFWC has proposed until we have additional information on 
which we could assess potential impacts. We note that in 2007, in an 
effort to obtain the necessary information, we implemented a pilot 
expansion of the daily bag limit to 30 birds per day in the 1837 and 
1842 Treaty Areas. We supported this with the understanding that we 
would need to closely monitor tribal harvest through either GLIFWC's 
own increased harvest surveys or GLIFWC's assisting the Service to 
survey tribal hunters. We again reiterate our request for GLIFWC to 
continue their current harvest survey based on our mutual 
implementation of a pilot bag limit increase for ducks in the 1837 and 
1842 Treaty Areas in 2007, particularly for species such as mallards 
which were subsequently significantly increased in 2008 (from 10 to 30 
per day). We believe the pilot bag limits implemented then, and changed 
in 2008, should warrant at least several years of data evaluation using 
GLIFWC's current harvest survey. To date, we have not been presented 
with adequate data on which to base an informed decision.
    GLIFWC already has significantly greater daily bag limits than any 
other tribe in the region. At this point, we have seen no demonstrated 
need, nor data, to conclude that the current daily

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bag limit of 30 ducks is a hindrance to tribal harvest. The daily bag 
limit was increased to 30 (from 20) only two seasons ago. Again, we 
acknowledge that we approved a daily bag limit of 50 birds at Mole Lake 
in 2004, however, this was approved only on reservation lands, not 
ceded lands. Until we have evidence of such need, we do not support 
increasing the daily bag limit to the extent GLIFWC has proposed.
    We also do not agree with GLIFWC's proposal to remove all species 
restrictions. However, we are willing to increase the following species 
restrictions within the overall daily bag limit of 30 ducks in all 3 of 
the Treaty Areas to 9 black ducks, 9 pintails, and 9 canvasbacks (from 
5 each, respectively). These species restrictions would be consistent 
with other Tribes (specifically, Fond du Lac) hunting on ceded lands in 
the general area. We believe that species restrictions for these 
species are still warranted given their population status. Further, we 
have already removed restrictions for mallards, scaup, and wood ducks.
    Regarding GLIFWC's proposal for possession limits, while we believe 
the proposal to eliminate all possession limits in the 1837 and 1842 
Treaty Areas could have potential resource conservation impacts and 
would prefer not to implement wide-scale changes in the current 
possession limit regulations at this time, we are willing to remove the 
possession limits for tribal harvest in the 1837 and 1842 ceded areas. 
We make this change with some trepidation and with the understanding 
that it could have law enforcement impacts. However, in the interest of 
our long-term relationship with GLIWFC, and the high importance GLIWFC 
has placed on this issue, we would agree with this important change. 
Further, removal of this restriction would be consistent with other 
Tribes (specifically, Fond du Lac) hunting on ceded lands in the 
general area.
    Lastly, while we believe that there may be safety concerns with 
elimination of unattended decoys in the Ceded Territories, we take no 
position on the relative need or lack of need for such a restriction. 
Additionally, we believe the use of unattended decoys to ``reserve'' 
hunting areas in public waters (i.e., those lands in the ceded 
territories outside of lands directly controlled by the Tribes) could 
lead to confusion and frustration on the part of the public, hunters, 
wildlife-management agencies, and law enforcement officials due to the 
inherent difficulties of different sets of hunting regulations for 
different areas and groups of hunters. In Michigan, State law requires 
that unattended decoys may not be left out overnight. We also believe 
the allowance of unattended decoys for tribal hunting on ceded lands 
would likely lead to increased acrimony and debate regarding issues of 
fairness from nontribal hunters. Other than regulations on National 
Wildlife Refuges and other Federal lands, there are no Federal 
restrictions requiring the removal of unattended decoys. We believe 
this is not a Migratory Bird Treaty Act issue and refrain from taking a 
position.

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 FOR FURTHER INFORMATION CONTACT.
    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 either by writing to the address indicated under FOR 
FURTHER INFORMATION CONTACT or by viewing 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 
also chose alternative 3 for the 2009-10 and the 2010-11 seasons. At 
this time, we are

[[Page 54680]]

proposing no changes to the season frameworks for the 2011-12 season, 
and as such, we will again consider these three alternatives. However, 
final frameworks for waterfowl 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-2011-0014.

Regulatory Flexibility Act

    The annual migratory bird hunting 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 
Division of Migratory Bird Management (see ADDRESSES) 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-2011-0014.

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 would have an annual effect on the economy of $100 million or 
more. However, because this rule would establish 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 4/30/2014). 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 would 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 would not result in the physical occupancy 
of property, the physical invasion of property, or the regulatory 
taking of any property. In fact, these rules would allow hunters to 
exercise otherwise unavailable privileges and, therefore, reduce 
restrictions on the use of private and public property.

Energy Effects--Executive Order 13211

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

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we 
have evaluated possible effects on Federally-recognized Indian tribes 
and have determined that there are no effects on Indian trust 
resources. However, in the April 8 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 2011-12 migratory bird hunting season. The 
resulting proposals were contained in a separate August 8, 2011, 
proposed rule (76 FR 48694). 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

[[Page 54681]]

federalism effects and do not have sufficient federalism implications 
to warrant the preparation of a federalism summary impact 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 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]

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

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


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


0
2. Section 20.110 is revised to read as follows:


Sec.  20.110  Seasons, limits, and other regulations for certain 
Federal Indian reservations, Indian Territory, and ceded lands.

    Unless specifically provided for below, all of the regulations 
contained in 50 CFR part 20 apply to the seasons listed herein.
    (a) Colorado River Indian Tribes, Parker, Arizona (Tribal Members 
and Nontribal Hunters).
Doves
    Season Dates: Open September 1, through 15, 2011; then open 
November 12, through December 26, 2011.
    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. The early 
season will be open from one-half hour before sunrise until noon. For 
the late season, shooting hours are from one-half hour before sunrise 
to sunset.
    (b) Confederated Salish and Kootenai Tribes, Flathead Indian 
Reservation, Pablo, Montana (Tribal Hunters).
Tribal Members Only
Ducks (Including Mergansers)
    Season Dates: Open September 2, 2011, through March 9, 2012.
    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 17 and end November 27, 2011.
    Daily Bag Limit: 18 ducks, including no more than 12 mallards (only 
3 of which may be hens), 9 black ducks, 9 scaup, 9 wood ducks, 9 
redheads, 9 pintails, and 9 canvasbacks.
    Reservation:
    Season Dates: Begin September 3 and end November 27, 2011.
    Daily Bag Limit: 12 ducks, including no more than 9 mallards (only 
2 of which may be hens), 9 black ducks, 9 scaup, 9 redheads, 9 
pintails, 9 wood ducks, and 9 canvasbacks.
Mergansers
    1854 and 1837 Ceded Territories:
    Season Dates: Begin September 17 and end November 27, 2011.
    Daily Bag Limit: 15 mergansers, including no more than 6 hooded 
mergansers.
    Reservation:
    Season Dates: Begin September 3 and end November 27, 2011.
    Daily Bag Limit: 10 mergansers, including no more than 4 hooded 
mergansers.
Canada Geese: All Areas
    Season Dates: Begin September 1 and end November 27, 2011.
    Daily Bag Limit: 20 geese.
Coots and Common Moorhens (Common Gallinules)
    1854 and 1837 Ceded Territories:
    Season Dates: Begin September 17 and end November 27, 2011.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.
    Reservation:
    Season Dates: Begin September 3 and end November 27, 2011.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.
Sandhill Cranes: 1854 Ceded Territory only:
    Season Dates: Begin September 1 and end November 27, 2011.
    Daily Bag Limit: One sandhill crane. A crane carcass tag is 
required prior to hunting.
Sora and Virginia Rails: All Areas
    Season Dates: Begin September 1 and end November 27, 2011.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate.

[[Page 54682]]

Common Snipe: All Areas
    Season Dates: Begin September 1 and end November 27, 2011.
    Daily Bag Limit: Eight common snipe.
Woodcock: All Areas
    Season Dates: Begin September 1 and end November 27, 2011.
    Daily Bag Limit: Three woodcock.
Mourning Dove: All Areas
    Season Dates: Begin September 1 and end October 30, 2011.
    Daily Bag Limit: 30 mourning dove.
General Conditions:
    1. While hunting waterfowl, a tribal member must carry on his/her 
person a valid tribal waterfowl hunting permit.
    2. Except as otherwise noted, tribal members will be required to 
comply with tribal codes that will be no less restrictive than the 
provisions of Chapter 10 of the Model Off-Reservation Code. These 
regulations parallel Federal requirements in 50 CFR part 20 as to 
hunting methods, transportation, sale, exportation, and other 
conditions generally applicable to migratory bird hunting.
    3. Band members in each zone will comply with State regulations 
providing for closed and restricted waterfowl hunting areas.
    4. There are no possession limits on any species, unless otherwise 
noted above. For purposes of enforcing bag and possession limits, all 
migratory birds in the possession or custody of 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, 2011, through January 18, 2012.
    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, 2011; and open 
January 1, 2012, through February 8, 2012.
    Daily Bag Limit: 10 geese.
Other Geese (white-fronted geese and brant)
    Season Dates: Open September 20, through November 30, 2011.
    Daily Bag Limit: Five geese.
Sora Rails, Common Snipe, and Woodcock
    Season Dates: Open September 1, through November 14, 2011.
    Daily Bag Limit: 10 rails, 10 snipe, and 5 woodcock.
Mourning Doves
    Season Dates: Open September 1, through November 14, 2011.
    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 2011-12 waterfowl hunting season regulations apply to all 
treaty areas (except where noted):
Ducks
    Season Dates: Begin September 15 and end December 31, 2011.
    Daily Bag Limit: 1837 and 1842 Ceded Territories:
    30 ducks, including no more than 9 black ducks, 9 pintails, and 9 
canvasbacks.
    1836 Ceded Territory:
    30 ducks, including no more than 5 black ducks, 5 pintails, and 5 
canvasbacks.
Mergansers
    Season Dates: Begin September 15 and end December 31, 2011.
    Daily Bag Limit: 10 mergansers.
Geese
    Season Dates: Begin September 1 and end December 31, 2011. 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, 2011.
    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, 2011.
    Daily Bag Limits: 20 Sora and Virginia rails, singly or in the 
aggregate.
Common Snipe
    Season Dates: Begin September 15 and end December 31, 2011.
    Daily Bag Limit: 16 common snipe.
Woodcock
    Season Dates: Begin September 6 and end December 1, 2011.
    Daily Bag Limit: 10 woodcock.
    Mourning Dove: 1837 and 1842 Ceded Territories.
    Season Dates: Begin September 1 and end November 9, 2011.
    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. 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

[[Page 54683]]

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 one-half hour before sunrise to 
one-half hour after sunset.
    vii. The use of electronic calls is allowed for Canada geese only 
during September 1-14. Other geese may not be taken during this time.
    (f) [Reserved.]
    (g) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal 
Members and Nontribal Hunters).
Nontribal Hunters on Reservation
Geese
    Season Dates: Open September 2, through 16, 2011, for the early-
season, and open October 1, 2011, through January 31, 2012, 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, 2011, through January 31, 2012.
    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, 2011, through January 31, 2012.
    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.
    (h) [Reserved.]
    (i) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members 
Only).
Ducks
    Season Dates: Open September 17, through December 31, 2011.
    Daily Bag Limits: 10 ducks, including no more than 5 pintail, 5 
canvasback, and 5 black ducks.
Geese
    Season Dates: Open September 1, through December 31, 2011.
    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, 2011, through January 20, 2012.
    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, 2011, through February 8, 2012.
    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, 2011.
    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, 2011.
    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 2011-12 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, 2011, through January 31, 2012.
    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 15, through December 31, 2011.
    Daily Bag Limit: 20.
Canada Geese
    Season Dates: Open September 1, 2011, through February 8, 2012.
    Daily Bag Limit: 20.
Sora and Virginia Rails
    Season Dates: Open September 1, through December 31, 2011.
    Daily Bag Limit: 20.
Snipe
    Season Dates: Open September 15, through December 31, 2011.
    Daily Bag Limit: 16.
Mourning Doves
    Season Dates: Open September 1, through November 14, 2011.
    Daily Bag Limit: 15.
Woodcock
    Season Dates: Open September 5, through December 1, 2011.
    Daily Bag Limit: 10.
    General: Possession limits are twice the daily bag limits.
    (l) [Reserved.]
    (m) Lower Elwha Klallam Tribe, Port Angeles, Washington (Tribal 
Members Only).

[[Page 54684]]

Ducks
    Season Dates: Open September 17, 2011, through January 2, 2012.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, one canvasback, 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 17, 2011, through January 2, 2012.
    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 17, 2011, through January 2, 2012.
    Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
    Season Dates: Open September 17, 2011, through January 2, 2012.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
    Season Dates: Open September 17, 2011, through January 2, 2012.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-Tailed Pigeon
    Season Dates: Open September 17, 2011, through January 2, 2012.
    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 17, through October 30, 2011.
    Daily Bag Limit: Two band-tailed pigeons.
Ducks and Coots
    Season Dates: Open September 24, 2011, through January 29, 2012.
    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 24, 2011, through January 29, 2012.
    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 30, 2011.
    Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
    Season Dates: Open September 1, through 30, 2011.
    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 18, 2011, and 
open November 28, through December 4, 2011.
    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 18, 2011; and open 
November 28, 2011, through January 1, 2012.
    Daily Bag and Possession Limits: 5 and 10 Canada geese, 
respectively, from September 1, through September 18, 2011; 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 3, through November 6, 2011.
    Daily Bag and Possession Limits: 5 and 10 woodcock, respectively.
Dove
    Season Dates: Open September 1, through November 6, 2011.
    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

[[Page 54685]]

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).
Jamestown S'Klallam Tribe
Ducks
    Season Dates: Open September 15, 2011, through February 1, 2012.
    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, 2011, through March 10, 2012.
    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 November 13, 2011, through January 31, 2012.
    Daily Bag and Possession Limits: Two and four, respectively.
Coots
    Season Dates: Open September 15, 2011, through February 1, 2012.
    Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
    Season Dates: Open September 15, 2011, through January 14, 2012.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
    Season Dates: Open September 15, 2011, through March 10, 2012.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-Tailed Pigeon
    Season Dates: Open September 15, 2011, through March 10, 2012.
    Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
Port Gamble S'Klallam Tribe
Ducks
    Season Dates: Open September 1, 2011, through February 1, 2012.
    Daily Bag and Po