Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2011-12 Late Season, 59298-59304 [2011-24668]

Download as PDF 59298 Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Rules and Regulations Extended falconry dates North Zone .......................................................................................................................... South Zone ......................................................................................................................... California Ducks, mergansers, and coots: Colorado River Zone .......................................................................................................... Southern Zone .................................................................................................................... Southern San Joaquin Zone ............................................................................................... Canada Geese and White-fronted Geese: Northeastern Zone .............................................................................................................. Southern Zone (5) .............................................................................................................. Balance-of-State Zone (6) .................................................................................................. Brant: Northern Zone ..................................................................................................................... Southern Zone .................................................................................................................... Light Geese: Northeastern Zone .............................................................................................................. Southern Zone (5) .............................................................................................................. Balance-of-State Zone (6) .................................................................................................. New Mexico Oct. 3–Oct. 6. Jan. 30–Feb. 2. * Rails Utah * Nov. 26–Jan. 1. * * * * * * * * * Ducks, mergansers, coots, geese, and snipe: Statewide ............................................................................................................................ Jan. 30–Feb. 2. Jan. 30–Feb. 3. Jan. 30–Feb. 1. Jan. 16–Jan. 18. Same as for Ducks. Same as for Ducks. Oct. 22–Nov. 6 & Dec. 7–Feb. 3. Oct. 22–Nov. 11 & Dec. 12–Feb. 3. Jan. 16–Jan. 18. Same as for Ducks. Same as for Ducks. * * * Sept. 17 only. * * * * * * * (2) In Montana, the bag limit is 2 and the possession limit is 6. * * * * * * * (4) In Maine, the daily bag and possession limits for black ducks are 1 and 2, respectively. (5) In California, the falconry season for geese is concurrent with the regular season for white geese in the Imperial County special management area. (6) In California, the falconry season for geese is concurrent with the regular season for small Canada geese in Del Norte and Humbolt counties. the establishment of season bag limits and, thus, harvest at levels compatible with populations and habitat conditions. [FR Doc. 2011–24675 Filed 9–22–11; 4:15 pm] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR This rule takes effect on September 24, 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. 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: DATES: 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 Late Season Fish and Wildlife Service, Interior. ACTION: Final rule. Background 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 Migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), authorizes and directs the Secretary of the Department of the Interior, having due regard for the zones of temperature and for the distribution, abundance, economic value, breeding habits, and times and lines of flight of migratory game birds, to determine when, to what extent, and by what AGENCY: bjneal on DSK5VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 06:33 Sep 24, 2011 Jkt 223001 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 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 E:\FR\FM\26SER1.SGM 26SER1 Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Rules and Regulations bjneal on DSK5VPTVN1PROD with RULES usual framework dates and season length, with some added flexibility in daily bag and possession limits. In all cases, the regulations established under the guidelines must be consistent with the March 10– September 1 closed season mandated by the 1916 Migratory Bird Treaty with Canada. In the April 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: (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 8 proposed rule included generalized regulations for both early- and late-season hunting, this rulemaking addresses only the lateseason proposals. Early-season proposals were addressed in a final rule published in the September 1, 2011, Federal Register (76 FR 54676). 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 8 proposed rule. Status of Populations In the August 8 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 VerDate Mar<15>2010 06:33 Sep 24, 2011 Jkt 223001 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 2011–12 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; 10 tribes have proposals with late seasons. We also noted in the August 8 proposed rule (76 FR 19876) that we were proposing seasons for five Tribes that we usually hear from but from which we had not yet received proposals. We subsequently did not receive proposals from these five Tribes and have not included them in this final rule. The comment period for the August 8 proposed rule closed on August 18, 2011. We did not receive any comments on our April 8, 2011, proposed rule, which announced rulemaking on regulations for migratory bird hunting by American Indian tribal members. We received one comment on our August 8 proposed rule, which we responded to in our September 1, 2011, final rule (76 FR 54676). 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 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 59299 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. E:\FR\FM\26SER1.SGM 26SER1 59300 Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Rules and Regulations bjneal on DSK5VPTVN1PROD with RULES (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. In the April 8 proposed rule, we proposed no changes to the season frameworks for the 2011– 12 season, and as such, we again considered these three alternatives. Population status information discussed in the August 26 proposed rule supported selection of alternative 3 for the 2011–12 season. 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 costbenefit 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 VerDate Mar<15>2010 06:33 Sep 24, 2011 Jkt 223001 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. 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. 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). 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. 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 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 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 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 Federallyrecognized 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, offreservation 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. E:\FR\FM\26SER1.SGM 26SER1 Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Rules and Regulations Federalism Effects List of Subjects in 50 CFR Part 20 Due to the migratory nature of certain species of birds, the Federal Government has been given responsibility over these species by the Migratory Bird Treaty Act. We annually prescribe frameworks from which the States make selections regarding the hunting of migratory birds, and we employ guidelines to establish special regulations on Federal Indian reservations and ceded lands. This process preserves the ability of the States and tribes to determine which seasons meet their individual needs. Any State or Indian tribe may be more restrictive than the Federal frameworks at any time. The frameworks are developed in a cooperative process with the States and the Flyway Councils. This process allows States to participate in the development of frameworks from which they will make selections, thereby having an influence on their own regulations. These rules do not have a substantial direct effect on fiscal capacity, change the roles or responsibilities of Federal or State governments, or intrude on State policy or administration. Therefore, in accordance with Executive Order 13132, these regulations do not have significant federalism effects and do not have sufficient federalism implications to warrant the preparation of a federalism summary impact assessment. Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife. bjneal on DSK5VPTVN1PROD with RULES 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. VerDate Mar<15>2010 06:33 Sep 24, 2011 Jkt 223001 Regulations Promulgation Accordingly, part 20, subchapter B, chapter I of title 50 of the Code of Federal Regulations is amended as follows: PART 20—[AMENDED] 1. The authority citation for part 20 continues to read as follows: ■ Authority: Migratory Bird Treaty Act, 40 Stat. 755, 16 U.S.C. 703–712; Fish and Wildlife Act of 1956, 16 U.S.C. 742a–j; Pub. L. 106–108, 113 Stat. 1491, Note Following 16 U.S.C. 703. Note: The following hunting regulations provided for by 50 CFR 20.110 will not appear in the Code of Federal Regulations because of their seasonal nature. 2. Amend § 20.110 by revising paragraphs (a), (b), (f) through (h), (l), (o), (s), (z), and (aa), to read as set forth below. (Current § 20.110 was published at 75 FR 53774, September 1, 2010, and amended at 75 FR 59042, September 24, 2010, and 76 FR 54676, September 1, 2011.) ■ § 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 59301 Daily Bag and Possession Limits: 25 coots and common moorhens, singly or in the aggregate. Geese Season Dates: Open October 15, 2011, through January 22, 2012. 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. 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 Members and Nontribal Hunters). Tribal Members Only Ducks (Including Mergansers) Season Dates: Open September 1, 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. Season Dates: Open September 1 through September 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. Coots Ducks (Including Mergansers) Season Dates: Open October 8, 2011, through January 22, 2012. Daily Bag and Possession Limits: Seven ducks, including two hen mallards, two redheads, two Mexican ducks, two goldeneye, two cinnamon teal, three scaup, one canvasback, and one pintail. The possession limit is twice the daily bag limit. Scaup Season Dates: Open October 1 through December 25, 2011. Season Dates: Open October 1, 2011, through January 13, 2012. 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 and Common Moorhens Coots Season Dates: Same as ducks. PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 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) Season Dates: Same as ducks. E:\FR\FM\26SER1.SGM 26SER1 59302 Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Rules and Regulations Daily Bag and Possession Limits: The daily bag and possession limit is 25. Geese (g) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal Members and Nontribal Hunters). Dark Geese Nontribal Hunters on Reservation Season Dates: Open October 1, 2011, through January 13, 2012. Daily Bag and Possession Limits: Four and eight geese, respectively. Ducks Scaup Season Dates: Open October 1 through December 25, 2011. Regular Duck Season Dates: Open October 1, 2011, through January 30, 2012. 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. Light Geese Season Dates: Open October 1, 2011, through January 13, 2012. Daily Bag and Possession Limits: 10 and 20 geese, respectively. Youth Waterfowl Hunt Season Dates: September 24–25, 2011. 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 8 through November 30, 2011. 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. bjneal on DSK5VPTVN1PROD with RULES Canada Geese Season Dates: Open October 8 through November 30, 2011. 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. VerDate Mar<15>2010 06:33 Sep 24, 2011 Jkt 223001 Nontribal Hunters on Reservation Geese Season Dates: Open September 2 through September 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. Ducks Season Dates: Open October 1, 2011, through January 31, 2012. Daily Bag and Possession Limits: 9 and 18 ducks, respectively. 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. * * * * * (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 24, 2011, through March 10, 2012. 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. 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. Canada Geese Season Dates: Open September 24, 2011, through March 10, 2012. Daily Bag and Possession Limits: Three and six, respectively. White-Fronted Geese Season Dates: Open September 24, 2011, through March 10, 2012. Daily Bag and Possession Limits: Two and four, respectively. 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 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). PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 Light Geese Season Dates: Open September 24, 2011, through March 10, 2012. Daily Bag and Possession Limits: 20 and 40, respectively. Nontribal Hunters Ducks (Including Mergansers and Coots) Season Dates: Open September 27, 2011, through January 1, 2012. Daily Bag and Possession Limits: Six ducks, including no more than one hen E:\FR\FM\26SER1.SGM 26SER1 Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Rules and Regulations 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 29, 2011, through February 12, 2012. Daily Bag and Possession Limits: Three and six, respectively. White-Fronted Geese Season Dates: Open October 29, 2011, through January 6, 2012, and open January 28 through February 12, 2012. Daily Bag and Possession Limits: One and two, respectively. Light Geese Season Dates: Open October 29, 2011, through January 12, 2012, and open February 4 through March 10, 2012. 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 possession limit is twice the daily bag limit. Canada Geese Season Dates: Open September 24, 2011, through January 8, 2012. 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 22, 2011, through January 13, 2012. Season Dates: Open October 1, 2011, through January 13, 2012. 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. Dark Geese Season Dates: Open October 1, 2011, through January 13, 2012. Daily Bag and Possession Limits: Four and eight, respectively. Ducks (Including Mergansers and Coots) bjneal on DSK5VPTVN1PROD with RULES Coots Season Dates: Open October 15, 2011, through February 15, 2012. Daily Bag and Possession Limits: 20 and 30, respectively. Geese Season Dates: Open October 15, 2011, through February 28, 2012. Daily Bag and Possession Limits: Seven and ten geese, respectively. Brant Season Dates: Open November 1 through 10, 2011. Daily Bag and Possession Limits: Two and two, respectively. Season Dates: Open September 1 through December 31, 2011. 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 onehalf hour before official sunrise to onehalf hour after official sunset. (aa) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal Members Only). Season Dates: Open September 1 through 30, 2011. Daily Bag and Possession Limits: 10 and 20 doves, respectively. Brant Jkt 223001 Season Dates: Open October 1, 2011, through February 28, 2012. Daily Bag and Possession Limits: 15 and 20, respectively. Season Dates: Same as ducks. Daily Bag and Possession Limits: 25 coots. The possession limit is twice the daily bag limit. Mourning Doves 06:33 Sep 24, 2011 Ducks Mourning Dove Common Snipe VerDate Mar<15>2010 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. * * * * * (z) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal Members Only). Coots Season Dates: Open September 1 through 30, 2011. Daily Bag and Possession Limits: 5 and 10 pigeons, respectively. Season Dates: Same as ducks. Daily Bag and Possession Limits: 8 and 16 snipe, respectively. Scaup Season Dates: Open September 24 through December 18, 2011. Season Dates: Open September 24, 2011, through January 8, 2012. 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 59303 Season Dates: Open October 1, 2011, through January 13, 2012. Daily Bag and Possession Limits: Two and four, respectively. Light Geese Season Dates: Open October 1, 2011, through January 13, 2012. Daily Bag and Possession Limits: 10 and 20, respectively. General Conditions: Nontribal hunters must comply with all basic Federal PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 Teal Season Dates: Open October 13, 2011, through February 25, 2012. Daily Bag Limits: Ten teal. Ducks Season Dates: Open October 15 through 23, 2011, and open November 1, 2011, through February 28, 2012. Daily Bag Limits: Six ducks, including no more than four hen mallards, four E:\FR\FM\26SER1.SGM 26SER1 59304 Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Rules and Regulations 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. DEPARTMENT OF THE INTEROR Sea Ducks RIN 1018–AX54 Season Dates: Open October 8, 2011, through February 25, 2012. Daily Bag Limits: Seven ducks including no more than four of any one species (only one of which may be a hen eider). 2011–2012 Refuge-Specific Hunting and Sport Fishing Regulations; Correction Woodcock SUMMARY: 50 CFR Part 32 [Docket No. FWS–R9–NSR–2011–0038; 93270–1265–0000–4A] Season Dates: Open October 13 through November 26, 2011. Daily Bag Limits: Three woodcock. Canada Geese Season Dates: Open September 7 through 24, 2011, and open October 31, 2011, through February 25, 2012. Daily Bag Limits: Eight Canada geese. Snow Geese Season Dates: Open September 7 through 24, 2011, and open November 25, 2011, through February 25, 2012. Daily Bag Limits: 15 snow geese. Sora and Virginia Rails Season Dates: Open September 1 through November 9, 2011. Daily Bag Limits: 5 sora and 10 Virginia rails. Snipe Season Dates: Open September 1 through December 16, 2011. Daily Bag Limits: Eight snipe. 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. * * * * * Dated: September 20, 2011. Rachel Jacobson, Acting Assistant Secretary for Fish and Wildlife and Parks. bjneal on DSK5VPTVN1PROD with RULES [FR Doc. 2011–24668 Filed 9–22–11; 4:15 pm] BILLING CODE 4310–55–P Fish and Wildlife Service, Interior. Final rule; correction. We, the Fish and Wildlife Service, published a final rule in the Federal Register on September 9, 2011, revising our regulations concerning hunting and sport fishing programs at national wildlife refuges. Inadvertently we made some errors in our amendatory instructions. With this technical correction, we correct those errors. DATES: Effective September 26, 2011. FOR FURTHER INFORMATION CONTACT: Leslie Marler (703) 358–2397. SUPPLEMENTARY INFORMATION: We published a final rule in the Federal Register on September 9, 2011 (76 FR 56054), to finalize our yearly updates to the Code of Federal Regulations (CFR) at 50 CFR part 32 concerning hunting and sport fishing programs at national wildlife refuges. The final rule added refuges to the list of areas open for hunting and/or sport fishing programs, and increased the activities available at other refuges. We also developed pertinent refuge-specific regulations for those activities, and amended certain regulations on other refuges that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2011–2012 season. Inadvertently, this final rule contained errors. This document corrects the final regulations by revising 50 CFR part 32. This document corrects instructions given at amendatory instruction 30f. for Trinity River National Wildlife Refuge in the State of Texas, which printed at page 56086. Amendment 30f. reads, in part: ‘‘* * * redesignate * * * C.2 and C.3 as paragraphs C.3 and C.4.* * *.’’ However, this is an error, because a paragraph ‘‘C.4’’ currently exists in the ‘‘Trinity River National Wildlife Refuge’’ regulations, and that paragraph should have been removed. Accordingly, in FR Doc. 2011–22752 appearing on page 56064 in the Federal Register of Friday, September 9, 2011, the following correction is made: 06:33 Sep 24, 2011 Jkt 223001 PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 Dated: September 20, 2011. Sara Prigan, Federal Register Liaison. [FR Doc. 2011–24498 Filed 9–23–11; 8:45 am] ACTION: PART 32—[AMENDED] VerDate Mar<15>2010 [Amended] On page 56086, in the second column, amendment 30.f amending § 32.63 is corrected to read, ‘‘Revising paragraphs B.1., B2., and B.4. through B.8, adding paragraph B.9., and revising paragraph C.1., redesignating paragraphs C.2. and C.3. as paragraphs C.3. and C.4., adding new paragraph C.2., and removing paragraphs C.4. through C.6. under Trinity River National Wildlife Refuge.’’ ■ Fish and Wildlife Service AGENCY: § 32.63 BILLING CODE 4310–55–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 300 and 600 [Docket No. 110810490–1504–01] RIN 0648–BB25 Technical Amendment; Updates to Titles of Officials, Office Names, and References National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; technical amendment. AGENCY: This rule provides multiple administrative updates, which pertain to international fisheries and domestic fisheries. Other updates in office names and a fax number are also included. DATES: Effective September 26, 2011. FOR FURTHER INFORMATION CONTACT: MiAe Kim, Trade and Marine Stewardship Division, Office of International Affairs, NMFS (ph. 301– 427–8365, fax 301–713–2313, or e-mail mi.ae.kim@noaa.gov). SUPPLEMENTARY INFORMATION: NMFS is amending its definitions in 50 CFR part 300 to update titles of officials, office names, and addresses to be consistent with the same in part 600. The definition of ‘‘Regional Administrator’’ is removed from § 300.11 because of the revision to the definitions in § 300.2. The definition of ‘‘lobster’’ is also revised in § 300.121 to clarify that Panulirus argus can be referred to as ‘‘Caribbean spiny lobster’’ as well as ‘‘spiny lobster.’’ This rule updates reference to the Magnuson-Stevens Fishery Conservation and Management Act from ‘‘Magnuson Act’’ to ‘‘Magnuson-Stevens Act.’’ SUMMARY: E:\FR\FM\26SER1.SGM 26SER1

Agencies

[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Rules and Regulations]
[Pages 59298-59304]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24668]

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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
Late Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

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

DATES: This rule takes effect on September 24, 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.

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:

Background

The Migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755; 16
U.S.C. 703 et seq.), authorizes and directs the Secretary of the
Department of the Interior, having due regard for the zones of
temperature and for the distribution, abundance, economic value,
breeding habits, and times and lines of flight of migratory game birds,
to determine when, to what extent, and by what means such birds or any
part, nest, or egg thereof may be taken, hunted, captured, killed,
possessed, sold, purchased, shipped, carried, exported, or transported.
In the August 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

[[Page 59299]]

usual framework dates and season length, with some added flexibility in
daily bag and possession limits.
In all cases, the regulations established under the guidelines must
be consistent with the March 10-September 1 closed season mandated by
the 1916 Migratory Bird Treaty with Canada.
In the April 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:
(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 8 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, 2011, Federal
Register (76 FR 54676). 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
8 proposed rule.

Status of Populations

In the August 8 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 2011-12 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; 10 tribes have
proposals with late seasons. We also noted in the August 8 proposed
rule (76 FR 19876) that we were proposing seasons for five Tribes that
we usually hear from but from which we had not yet received proposals.
We subsequently did not receive proposals from these five Tribes and
have not included them in this final rule.
The comment period for the August 8 proposed rule closed on August
18, 2011. We did not receive any comments on our April 8, 2011,
proposed rule, which announced rulemaking on regulations for migratory
bird hunting by American Indian tribal members. We received one comment
on our August 8 proposed rule, which we responded to in our September
1, 2011, final rule (76 FR 54676).

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.

[[Page 59300]]

(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. In the April 8
proposed rule, we proposed no changes to the season frameworks for the
2011-12 season, and as such, we again considered these three
alternatives. Population status information discussed in the August 26
proposed rule supported selection of alternative 3 for the 2011-12
season. 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.

[[Page 59301]]

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 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.

Regulations Promulgation

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 (h),
(l), (o), (s), (z), and (aa), to read as set forth below. (Current
Sec. 20.110 was published at 75 FR 53774, September 1, 2010, and
amended at 75 FR 59042, September 24, 2010, and 76 FR 54676, September
1, 2011.)

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

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

Doves

Season Dates: Open September 1 through September 15, 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.

Ducks (Including Mergansers)

Season Dates: Open October 8, 2011, through January 22, 2012.
Daily Bag and Possession Limits: Seven ducks, including two hen
mallards, two redheads, two Mexican ducks, two goldeneye, two cinnamon
teal, three scaup, one canvasback, and one pintail. The possession
limit is twice the daily bag limit.

Coots and Common Moorhens

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

Geese

Season Dates: Open October 15, 2011, through January 22, 2012.
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. 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 Members and Nontribal Hunters).

Tribal Members Only

Ducks (Including Mergansers)

Season Dates: Open September 1, 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.

Nontribal Hunters

Ducks (Including Mergansers)

Scaup Season Dates: Open October 1 through December 25, 2011.
Season Dates: Open October 1, 2011, through January 13, 2012.
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.

[[Page 59302]]

Daily Bag and Possession Limits: The daily bag and possession limit
is 25.

Geese

Dark Geese

Season Dates: Open October 1, 2011, through January 13, 2012.
Daily Bag and Possession Limits: Four and eight geese,
respectively.

Light Geese

Season Dates: Open October 1, 2011, through January 13, 2012.
Daily Bag and Possession Limits: 10 and 20 geese, respectively.

Youth Waterfowl Hunt

Season Dates: September 24-25, 2011.
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 8 through November 30, 2011.
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 8 through November 30, 2011.
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 October 1 through December 25, 2011.
Regular Duck Season Dates: Open October 1, 2011, through January
30, 2012. 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.

Nontribal Hunters on Reservation

Geese

Season Dates: Open September 2 through September 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 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, 2011, through January 31, 2012.
Daily Bag and Possession Limits: 9 and 18 ducks, respectively.

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.
* * * * *
(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 24, 2011, through March 10, 2012.
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 September 24, 2011, through March 10, 2012.
Daily Bag and Possession Limits: Three and six, respectively.

White-Fronted Geese

Season Dates: Open September 24, 2011, through March 10, 2012.
Daily Bag and Possession Limits: Two and four, respectively.

Light Geese

Season Dates: Open September 24, 2011, through March 10, 2012.
Daily Bag and Possession Limits: 20 and 40, respectively.

Nontribal Hunters

Ducks (Including Mergansers and Coots)

Season Dates: Open September 27, 2011, through January 1, 2012.
Daily Bag and Possession Limits: Six ducks, including no more than
one hen

[[Page 59303]]

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 29, 2011, through February 12, 2012.
Daily Bag and Possession Limits: Three and six, respectively.

White-Fronted Geese

Season Dates: Open October 29, 2011, through January 6, 2012, and
open January 28 through February 12, 2012.
Daily Bag and Possession Limits: One and two, respectively.

Light Geese

Season Dates: Open October 29, 2011, through January 12, 2012, and
open February 4 through March 10, 2012.
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, 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.

Ducks (Including Mergansers and Coots)

Scaup Season Dates: Open September 24 through December 18, 2011.
Season Dates: Open September 24, 2011, through January 8, 2012.
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 24, 2011, through January 8, 2012.
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 22, 2011, through January 13,
2012.
Season Dates: Open October 1, 2011, through January 13, 2012.
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.

Dark Geese

Season Dates: Open October 1, 2011, through January 13, 2012.
Daily Bag and Possession Limits: Four and eight, respectively.

Brant

Season Dates: Open October 1, 2011, through January 13, 2012.
Daily Bag and Possession Limits: Two and four, respectively.

Light Geese

Season Dates: Open October 1, 2011, through January 13, 2012.
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.
* * * * *
(z) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal
Members Only).

Ducks

Season Dates: Open October 1, 2011, through February 28, 2012.
Daily Bag and Possession Limits: 15 and 20, respectively.

Coots

Season Dates: Open October 15, 2011, through February 15, 2012.
Daily Bag and Possession Limits: 20 and 30, respectively.

Geese

Season Dates: Open October 15, 2011, through February 28, 2012.
Daily Bag and Possession Limits: Seven and ten geese, respectively.

Brant

Season Dates: Open November 1 through 10, 2011.
Daily Bag and Possession Limits: Two and two, respectively.

Mourning Dove

Season Dates: Open September 1 through December 31, 2011.
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 13, 2011, through February 25, 2012.
Daily Bag Limits: Ten teal.

Ducks

Season Dates: Open October 15 through 23, 2011, and open November
1, 2011, through February 28, 2012.
Daily Bag Limits: Six ducks, including no more than four hen
mallards, four

[[Page 59304]]

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 8, 2011, through February 25, 2012.
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 13 through November 26, 2011.
Daily Bag Limits: Three woodcock.

Canada Geese

Season Dates: Open September 7 through 24, 2011, and open October
31, 2011, through February 25, 2012.
Daily Bag Limits: Eight Canada geese.

Snow Geese

Season Dates: Open September 7 through 24, 2011, and open November
25, 2011, through February 25, 2012.
Daily Bag Limits: 15 snow geese.

Sora and Virginia Rails

Season Dates: Open September 1 through November 9, 2011.
Daily Bag Limits: 5 sora and 10 Virginia rails.

Snipe

Season Dates: Open September 1 through December 16, 2011.
Daily Bag Limits: Eight snipe.
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.
* * * * *

Dated: September 20, 2011.
Rachel Jacobson,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2011-24668 Filed 9-22-11; 4:15 pm]
BILLING CODE 4310-55-P

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