Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2012-13 Early Season, 54451-54463 [2012-21969]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 77, Number 172 (Wednesday, September 5, 2012)]
[Rules and Regulations]
[Pages 54451-54463]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21969]



[[Page 54451]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[Docket No. FWS-R9-MB-2012-0005; FF09M21200-123-FXMB1231099BPP0L2]
RIN 1018-AX97


Migratory Bird Hunting; Migratory Bird Hunting Regulations on 
Certain Federal Indian Reservations and Ceded Lands for the 2012-13 
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, 2012.

ADDRESSES: You may inspect comments received on the 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-2012-0005.

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 16, 2012, Federal Register (77 FR 49680), we proposed 
special migratory bird hunting regulations for the 2012-13 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 17, 2012, Federal Register (77 FR 23094), we requested 
that tribes desiring special hunting regulations in the 2012-13 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 16, 2012, we published a proposed rule (77 FR 
49680) that included special migratory bird hunting regulations for 30 
Indian tribes, based on the input we received in response to the April 
17, 2012, 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 16 proposed rule.
    Although the August 16 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

    Information on the status of waterfowl and information on the 
status and harvest of migratory shore and upland game birds, including 
detailed information on methodologies and results, is available at the 
address indicated under FOR FURTHER INFORMATION CONTACT or from our Web 
site at https://www.fws.gov/migratorybirds/NewsPublicationsReports.html.

Comments and Issues Concerning Tribal Proposals

    For the 2012-13 migratory bird hunting season, we proposed 
regulations for 30 tribes and/or Indian groups that followed the 1985 
guidelines. Only 26 tribes were considered appropriate for final 
rulemaking because we did not receive proposals from 4 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 16, 2012, closed on 
August 27, 2012. Because of the necessary brief comment period, we will 
respond to any comments on the proposed rule and/or these regulations 
postmarked by August 27, but not received prior to final action by us, 
in the September late-season final rule. At this time, we have received 
three comments.

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

    We received two comments on GLIFWC's initial proposal from the 
State of Wisconsin and the Mississippi Flyway Council (MFC). We also 
received a subsequent comment from the GLIWFC in response to our August 
16 proposed rule.
    The State of Wisconsin, Department of Natural Resources (WIDNR) and 
MFC noted the long history of working cooperatively with GLIFWC and 
individual tribes in the conservation of Wisconsin's waterfowl and 
wetland resources. However, WIDNR and MFC 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 and MFC believe that, since the ceded 
territory covers one-third of the State of Wisconsin, one-half of the 
State of Michigan, significant areas of Minnesota, and significant 
areas of public hunting grounds and waters in those States, 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, and create a safety concern and an 
unmanageable law enforcement environment. WIDNR and MFC 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. WIDNR and MFC also believe that GLIFWC's proposal to 
remove all species restrictions in hunting regulations fails to 
recognize the different status and regulations of each species and as 
such is inconsistent with established cooperative management practices. 
WIDNR and MFC believe that management decisions could not be honored 
without species-level restrictions. WIDNR and MFC believe that a tribal 
tundra swan hunting season in the ceded territory should not be 
implemented in 2012 because additional biological evaluation and 
harvest planning should be conducted, especially in light of the 
trumpeter swan issues. WIDNR asks that the same criteria of not 
implementing duck hunting seasons prior to September 15 because of 
impacts to breeding ducks in Wisconsin be applied to tribal seasons as 
well. WIDNR also opposes the tribes being exempt from decoy 
restrictions.
    GLIWFC reiterated that their proposal was consistent with their 
underlying treaty rights and values, and that their proposals were 
biologically sound and culturally appropriate. More specifically, they 
proposed allowing the use of electronic calls for geese from September 
1 to 21, and for ducks from September 4 to 21 in the 1837 and 1842 
Treaty areas. They stated that the proposed revision to their initial 
proposal would minimize any user conflicts since waterfowl seasons in 
Michigan, Minnesota, and Wisconsin are closed. They also offered to 
conduct a post-season harvest survey on the use of and harvest 
associated with electronic calls.
    Regarding expanded shooting hours, GLIFWC proposed to extend 
shooting hours from 45 minutes before sunrise to 45 minutes after 
sunset, a reduction of 15 minutes from their initial proposal. They 
stated that this proposal was consistent with other Service-approved 
tribal proposals (69 FR 53990; September 3, 2004) and was consistent 
with recent changes in Wisconsin allowing the harvest of wolves at 
night.
    GLIWFC also proposed changes to the swan hunting proposal. They 
requested the establishment of an experimental season in Ashland, 
Bayfield, Forest, and Oneida Counties in Wisconsin with a 2-bird daily 
bag limit, mandatory registration, and carcass verification.
    Lastly, GLIFWC proposed to correct an oversight in the initial 
season proposal pertaining to mergansers and woodcock seasons. They 
amended the proposed season opening dates in the 1836 Treaty area for 
both species from September 4, rather than September 15.
    Service Response: The GLIFWC 2012 proposal, and subsequent proposed 
revisions, had several significant changes from regulations approved 
last season. In the 1837 and 1842 Treaty Areas, the GLIFWC proposal 
would allow the use of electronic calls in September; would extend 
shooting hours by 15 minutes in both the morning and the evening to 45 
minutes before sunrise and 45 minutes after sunset; would increase the 
daily bag limits to 50 ducks and remove all species restrictions within 
the daily bag limit for ducks; would allow the first harvest of 
sandhill cranes and tundra swans; would open the season (other than for 
geese) on September 4; and would remove restrictions for decoy use in 
Wisconsin. In the 1836 Treaty Area, the GLIFWC proposal would remove 
all species restrictions within the daily bag limit for ducks.
    GLIFWC states that the regulatory changes are intended to provide 
tribal members a harvest opportunity within the scope of rights 
reserved in their various treaties and increase tribal subsistence 
harvest opportunities, while protecting migratory bird populations. 
Under the GLIFWC proposed regulations, GLIFWC expects total ceded 
territory harvest to be approximately 1,575 ducks, 300 geese, 50 
sandhill cranes, and 50 tundra swans, which is roughly similar to 
anticipated levels in previous years for those species for which 
seasons were established. GLIWFC further anticipates that tribal 
harvest will remain low given the small number of tribal hunters and 
the limited opportunity to harvest more than a small number of birds on 
most hunting trips.
    Recent GLIFWC harvest surveys (1996-98, 2001, 2004, 2007-08, and 
preliminary 2011) indicate that tribal off-reservation waterfowl 
harvest has averaged less than 1,050 ducks and 200 geese annually. In 
the latest survey year for which we have specific results (2004), an 
estimated 53 hunters took an estimated 421 trips and harvested 645 
ducks (1.5 ducks per trip) and 84 geese (0.2 geese per trip). Analysis 
of hunter survey data over 1996-2004 indicates a general downward trend 
in both harvest and hunter participation.
    Many of the components of the GLIFWC proposal are acceptable to the 
Service and are adopted in this rule. However, a number of the 
components are not in the best interest of the conservation of 
migratory birds. More specific discussion follows below.

Allowing Electronic Calls

    As we stated last year (76 FR 54676, September 1, 2011), the issue 
of allowing electronic calls and other electronic devices for migratory 
game bird hunting has been highly debated and highly controversial over 
the last 40 years, similar to other prohibited hunting methods such as 
baiting. Electronic calls, i.e., the use or aid of recorded or 
electronic amplified bird calls or sounds, or recorded or electrically 
amplified imitations of bird calls or sounds to lure or attract 
migratory game birds to hunters, was Federally prohibited in 1957 
because of its effectiveness in attracting and aiding the harvest of 
ducks and geese and is generally not considered a legitimate component 
of hunting. In 1999, after much debate, the migratory bird regulations 
were revised to allow the use of electronic calls for the take of light 
geese (lesser snow geese and Ross geese) during a light-goose-only 
season when all other waterfowl and crane hunting seasons, excluding 
falconry, were closed (64 FR 7507, February 16, 1999; 64 FR 71236, 
December 20, 1999; and 73 FR 65926, November 5, 2008). The regulations 
were subsequently changed also in 2006 to allow the use

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of electronic calls for the take of resident Canada geese during 
Canada-goose-only September seasons when all other waterfowl and crane 
seasons, excluding falconry, were closed (71 FR 45964, August 10, 
2006). In both instances, these changes were made in order to 
significantly increase the take of these species for population 
management due to either serious population overabundance, or 
depredation issues, or public health and safety issues, or both.
    Available information from the use of additional hunting methods, 
such as electronic calls, during the special light-goose seasons 
indicate that total harvest increased approximately 50-69 percent. On 
specific days when light-goose special regulations were in effect, the 
mean light goose harvest increased 244 percent. One research study 
found that lesser snow goose flocks were 5.0 times more likely to fly 
within gun range (<=50 meters) in response to electronic calls than to 
traditional calls and the mean number of snow geese killed per hour per 
hunter averaged 9.1 times greater for electronic calls than for 
traditional calls. While these results are only directly applicable to 
light geese, we believe these results are applicable to most waterfowl 
species, and indicative of some likely adverse harvest impacts on other 
geese and ducks.
    Removal of the electronic call prohibition would be inconsistent 
with our long-standing conservation concerns. Given available evidence 
on the effectiveness of electronic calls, and the large biological 
uncertainty surrounding any widespread use of electronic calls, we 
believe the potential for overharvest could contribute to long-term 
population declines. Further, migratory patterns, distribution, and 
localized abundance of migratory birds could be affected and it is 
possible that hunter participation could increase beyond GLIFWC's 
estimates (50 percent) and could result in additional conservation 
impacts, particularly on local breeding populations. Thus, we do not 
support allowing the use of electronic calls in the 1837 and 1842 
Treaty Areas.
    Additionally, given the fact that tribal waterfowl hunting covered 
by this proposal would occur on ceded lands that are not in the 
ownership of the Tribes, we believe the use of electronic calls to take 
waterfowl would lead to confusion on the part of the public, wildlife-
management agencies, and law enforcement officials in implementing the 
requirements of 50 CFR part 20. Restricting the proposal to September 
4-21 does not alleviate these concerns. Similar to the impacts of 
baiting, uncertainties concerning the zone of influence attributed to 
the use of electronic calls could potentially increase harvest from 
nontribal hunters operating within areas electronic calls are being 
used, or were used, thereby posing risks to the migratory patterns and 
distribution of migratory waterfowl.
    Lastly, 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 only be used 
September 1-3 for resident Canada geese (as GLIFWC's duck and crane 
season begins September 4, as they proposed). This specific regulatory 
change was implemented in 2006 in order to significantly control 
resident Canada geese due to widespread population overabundance, 
depredation issues, and public health and safety issues..

Expanded Shooting Hours

    Normally, shooting hours for migratory game birds are one-half hour 
before sunrise to sunset. A number of reasons and concerns have been 
cited for extending shooting hours past sunset. Potential impacts to 
some locally breeding populations (e.g., wood ducks), hunter safety, 
difficulty of identifying birds, retrieval of downed birds, and impacts 
on law enforcement are some of the normal concerns raised when 
discussing potential expansions of shooting hours. However, despite 
these concerns, in 2007, we supported the expansion of shooting hours 
by 15 minutes after sunset in the 1837, 1842, and 1836 Treaty Areas (72 
FR 58452, October 15, 2007). We had previously supported this expansion 
in other tribal areas and have not been made aware of any wide-scale 
problems. At that time, we further believed that the continuation of a 
specific species restriction within the daily bag limit for mallards, 
and the implementation of a species restriction within the daily bag 
limit for wood ducks, would allay potential conservation concerns for 
these species. We supported the increase 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.
    Last year, in deference to tribal traditions and in the interest of 
cooperation, we approved shooting 30 minutes after sunset (an extension 
of 15 minutes from the then-current 15 minutes after sunset) (76 FR 
54676, September 1, 2011). This was consistent with other Tribes in the 
general area (Fond du Lac, Leech Lake, Oneida, Sault Ste Marie, and 
White Earth). Extending shooting hours on both the front end and the 
back end of the day to 45 minutes before sunrise and 45 minutes after 
sunset as GLIWFC has proposed would be contrary to public safety and 
only heightens our previously identified concerns. It is widely 
considered dark 45 minutes after sunset (and 45 minutes before 
sunrise), and we see no viable remedies to allay our concerns. Shooting 
this early or late would also significantly increase the potential take 
of non-game birds. Thus, we cannot support increasing the shooting 
hours by 15 minutes in the 1837 and 1842 Treaty Areas (to 45 minutes 
before sunrise and 45 minutes after sunset).
    Regarding GLIFWC's comments concerning our consistency with other 
previous tribal proposals and recent changes in Wisconsin wolf hunting 
regulation, we note that the referenced approval of shooting hours 45 
minutes after sunset was for on-reservation hunting only at Sokaogon 
Chippewa Community in Cranston, Wisconsin. Ceded lands were not part of 
the Sokaogon's proposal or our approval. Lastly, we view the State of 
Wisconsin's allowance for the hunting of wolves at night as a State 
prerogative and not germane to the hunting of migratory birds (to 
improve public safety, the Wisconsin Department of Natural Resources 
has imposed additional restrictions for night wolf hunting to include: 
(1) Using bait or predator call ,which the Service prohibits for 
waterfowl; and (2) from a stationary position). We also note that 
29.185(6)(d) (published April 16, 2012) limits wolf night hunting until 
after the close of the deer season for safety concerns. This new State 
allowance does not alleviate our previously identified concerns.

Increasing the Overall Daily Bag Limit for Ducks

    Based on the proposed increased daily bag limits (from 30 to 50 
ducks per day in the 1837 and 1842 Treaty Areas), GLIFWC is estimating 
a relatively small additional duck harvest (1,050 to 1,575 ducks). 
While it is possible that hunter participation and harvest could 
increase beyond their estimates (50 percent), we do not anticipate such 
an increase given their relatively small average daily harvest (2.2 
ducks per day) and the GLIWFC proposals we are adopting. Further, 
GLIFWC reports that the largest number of ducks reportedly harvested in 
a single day was 20. Thus, we do not anticipate any large-scale harvest 
shifts or significant biological conservation impacts with GLIFWC's 
proposal.

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However, we also note that GLIFWC's own dated harvest data indicates 
that present daily bag limits do not appear to be a hindrance or 
limiting factor for Tribal harvest, and increasing the daily bag limit 
to 50 ducks from the present 30-duck daily bag limit would be far in 
excess of anything we currently have experience with regarding tribal 
migratory bird hunting regulations. We further note that in 2007, in an 
effort to obtain the necessary information, we implemented a pilot 
expansion of the daily bag limit for ducks to 30 birds per day in the 
1837 and 1842 Treaty Areas. We supported this change 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 have reiterated our 
request over the past several years for GLIFWC to continue their 
current harvest survey based on our implementation of this pilot bag 
limit increase for ducks in the 1837 and 1842 Treaty Areas in 2007, 
particularly for species such as mallards, the bag limits for which 
were subsequently significantly increased in 2008 (from 10 to 30 per 
day). To date, we have not been presented with any new final reports 
since the 2008 harvest survey results.

Remove Restrictions on Decoy Use in Wisconsin

    In Wisconsin, State law requires that decoys may not be placed more 
than an hour before legal shooting hours or left out more than 20 
minutes after legal shooting hours. As we stated last year concerning a 
similar decoy restriction in Michigan (76 FR 54676, September 1, 2011), 
while we believe that there may be safety concerns with elimination of 
such a restriction, we take no position on the relative need or lack of 
need for such a restriction. Other than regulations on National 
Wildlife Refuges and other Federal lands, there are no Federal 
restrictions requiring the removal of unattended decoys.
    Additionally, given the fact that tribal waterfowl hunting covered 
by this rule would occur on ceded lands that are not in the ownership 
of the Tribes, 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. However, we view this issue as a 
Tribal-State issue, and the Service takes no position on it in this 
rule.

Removal of Species Restrictions for Ducks

    We have several concerns with GLIFWC's proposal to remove all 
species restrictions within the overall duck daily bag limits in the 
1837 and 1842 Treaty Areas. We have a number of duck species that are 
either showing long-term downward population trends (pintails and black 
ducks), or other species for which an increased daily bag limit of 50 
birds per day could potentially have conservation impacts (scaup, 
canvasbacks), particularly on locally breeding ducks (mallards and wood 
ducks). Overharvest of these species in localized areas due to removal 
of species restrictions could contribute to long-term declines. 
However, while we believe the proposal to eliminate all species 
restrictions within the daily bag limit for ducks could potentially 
have resource conservation impacts on locally breeding duck 
populations, and would prefer not to implement such a change at this 
time, we are willing to remove the restrictions for tribal harvest in 
the 1836, 1837, and 1842 ceded areas. As we stated last year regarding 
the removal of possession limits (76 FR 54676, September 1, 2011), we 
make this change with some trepidation. However, we see no significant 
conservation implications given the relatively small numbers of tribal 
hunters, and 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. We note that, should resource conservation 
impacts be discovered, or should a particular species'' population 
status warrant action, we would expect that the lack of species 
restrictions would be revisited and adjusted accordingly, especially if 
a particular species warranted a nationwide closed season (e.g., 
canvasbacks).

Earlier Duck Season Opening Date

    The Migratory Bird Treaty allows the hunting of migratory game 
birds beginning September 1. Generally, we have tried to guide Tribes 
to select an opening date for duck hunting of no earlier than September 
15. This guidance is based on our concern that hunting prior to 
September 15 significantly increases the potential for taking ducks 
that have not yet fully fledged (normally the result of late-nesting or 
renesting hens) or species misidentification due to the fact that some 
species and/or sexes are not yet readily distinguishable. While these 
impacts primarily concern locally breeding ducks, the potential does 
exist for the take of molt migrants, i.e., birds that have specifically 
migrated to an area to complete the molting process. We would prefer 
that GLIFWC adhere to this guidance and would prefer not to implement 
such a change at this time. However, we see no significant conservation 
implications given the relatively small numbers of tribal hunters and 
are willing to allow GLIFWC to begin the duck season on September 4 in 
the 1836, 1837, and 1842 ceded areas. We are implementing this change 
in the interest of our long-term relationship with GLIWFC and the 
understanding that if significant conservation impacts are discovered, 
we would adjust the duck season opening date accordingly.

Sandhill Crane Season

    We have no objections to the establishment of a sandhill crane 
season in the 1837 and 1842 Treaty Areas. We note that at least one 
other Tribe currently has a sandhill crane season (see (c) Fond du Lac 
Band of Lake Superior Chippewa in Minnesota elsewhere in this rule) and 
another proposed establishing a new season this year (see (d) Grand 
Traverse Band of Ottawa and Chippewa in Michigan elsewhere in this 
rule). All cranes in these current and new hunt areas are Eastern 
Population (EP) sandhill cranes. EP sandhill cranes rebounded from near 
extirpation in the late 1800s to more than 30,000 cranes by 1996. As of 
last year, the current 3-year average population index for EP cranes 
was 51,217 cranes. As a result of this rebound and their continued 
range expansion, the Atlantic and Mississippi Flyway Councils developed 
a cooperative management plan for this population, and criteria were 
developed describing when hunting seasons could be opened. The State of 
Kentucky held its first hunting season on this population in 2011-12 
and harvested 50 cranes. Further, allowance for Tribal harvest is 
specifically considered in the EP plan.
    GLIFWC estimates that no more than 50 cranes will be harvested 
during the season. We note that two cranes were harvested last year in 
the inaugural Fond du Lac sandhill crane season. We support the 
establishment of GLIFWC's new sandhill crane season. However, given the 
need to closely monitor the harvest of this species, we requested that 
GLIFWC implement either a special crane harvest tag or crane harvest 
reporting system/survey to track crane harvest, similar to that 
implemented by

[[Page 54455]]

Fond du Lac last year, and requested of Grand Traverse this year (see 
(d) Grand Traverse Band of Ottawa and Chippewa Indians in Michigan 
elsewhere in this rule).

Tundra Swan Season

    As we stated with sandhill cranes, we are not opposed to the 
establishment of a tundra swan season in Wisconsin. However, unlike the 
sandhill crane issue, the establishment of a new tundra swan season in 
the ceded territory areas in question involves several significant 
concerns and special considerations. We believe these concerns need 
further study and consideration before any implementation of a new 
tundra swan season in the ceded territories.
    First, the GLIFWC proposed areas in question are also home to 
trumpeter swans. Many cooperators, including GLIFWC, worked together to 
reestablish a breeding trumpeter swan population in the Great Lakes. 
These efforts have been largely successful with the removal of this 
species from the Wisconsin endangered species list in 2009. After a 25-
year recovery program, there are currently about 200 breeding pairs in 
Wisconsin. However, it is very difficult to distinguish between tundra 
and trumpeter swans unless swans vocalize in flight. We have 
significant concerns over the accidental harvest of trumpeter swans by 
tribal hunters hunting during a tundra swan season. Further, within 
Wisconsin, the northern ceded territory is an area of high trumpeter 
swan use containing over 80 percent of the breeding pairs. We believe 
such areas should be avoided either temporally or geographically to the 
extent possible. When a hunting season on tundra swans is ultimately 
implemented, we believe it would be best to focus hunting efforts on 
the primary tundra swan migration concentration areas while avoiding 
areas of significant trumpeter swan numbers. Unfortunately, most such 
areas are located outside of the ceded territories of northern 
Wisconsin.
    In addition to the concerns about potential impacts to trumpeter 
swans, we believe it is imperative that any tribal tundra swan hunting 
proposal follow the Eastern Population of tundra swans management plan 
including a quota permit system and harvest reporting. The EP tundra 
swan management plan was cooperatively developed by the Atlantic, 
Central, and Mississippi Flyway Councils in 2007 and guides the 
management and harvest of EP tundra swans.
    While we appreciate GLIFWC's proposed revisions to their initial 
tundra swan season proposal (area restrictions, mandatory registration, 
and carcass verification), we continue to believe that a tribal tundra 
swan hunting season in the ceded territory should not be implemented 
this year. Given that all these concerns can be worked through over the 
next year, we do not believe that implementation of a tundra swan 
season next season is unrealistic. We note that both the Service and 
the State wildlife agencies have considerable trumpeter swan 
information that would be helpful in conducting additional biological 
evaluation and harvest planning and are available to work with GLIFWC 
on resolution of these issues. We would prefer that all these issues be 
carefully considered and resolved by all involved parties to ensure 
that whatever action permitted for tundra swans in the future is not 
detrimental to trumpeter swans. We encourage GLIFWC to contact the 
Service early next year to cooperatively work through the issues 
involved with implementing a tundra swan season in the ceded 
territories.

Correction to Merganser and Woodcock Seasons

    As we stated regarding the earlier duck season opening date, while 
we would prefer that GLIFWC not implement such a change at this time, 
we see no significant conservation implications given the relatively 
small numbers of tribal hunters and are willing to allow GLIFWC to 
begin both the merganser and woodcock seasons on September 4 in the 
1836 Treaty ceded areas. We are implementing this change in the 
interest of our long-term relationship with GLIWFC and the 
understanding that if significant conservation impacts are discovered, 
we would adjust the season opening dates accordingly.

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.

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Management and 
Budget's (OMB) Office of Information and Regulatory Affairs (OIRA) will 
review all significant rules. OIRA has determined that this rule is 
significant because it will have an annual effect of $100 million or 
more on the economy.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the Nation's regulatory system to promote 
predictability, to reduce uncertainty,

[[Page 54456]]

and to use the best, most innovative, and least burdensome tools for 
achieving regulatory ends. The executive order directs agencies to 
consider regulatory approaches that reduce burdens and maintain 
flexibility and freedom of choice for the public where these approaches 
are relevant, feasible, and consistent with regulatory objectives. E.O. 
13563 emphasizes further that regulations must be based on the best 
available science and that the rulemaking process must allow for public 
participation and an open exchange of ideas. We have developed this 
rule in a manner consistent with these requirements.
    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 proposing no changes to the season frameworks for the 
2012-13 season, and as such, we will again consider these three 
alternatives. However, final frameworks for waterfowl will be dependent 
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-2012-0005.

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-2012-0005.

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 will have an annual effect on the economy of $100 million or 
more. However, because this rule establishes hunting seasons, we are 
not deferring 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. A Federal agency may not conduct or sponsor 
and a person is not required to respond to a collection of information 
unless it displays a currently valid OMB control number.

Unfunded Mandates Reform Act

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

Civil Justice Reform--Executive Order 12988

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

Takings Implication Assessment

    In accordance with Executive Order 12630, this rule, authorized by 
the Migratory Bird Treaty Act, does not have significant takings 
implications and does not affect any constitutionally protected 
property rights. This rule will not result in the physical occupancy of 
property, the physical invasion of property, or the regulatory taking 
of any property. In fact, this rule allows 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 17 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 2012-13 migratory bird hunting season. The 
resulting proposals were contained in a separate August 16, 2012, 
proposed rule (77 FR 49680). By virtue of these actions, we have 
consulted with Tribes affected by this rule.

[[Page 54457]]

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 statement.

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 less than 30 days after the 
date of publication.
    Accordingly, with each participating Tribe having had an 
opportunity to participate in selecting the hunting seasons desired for 
its reservation or ceded territory on those species of migratory birds 
for which open seasons are now prescribed, and consideration having 
been given to all other relevant matters presented, certain sections of 
title 50, chapter I, subchapter B, part 20, subpart K, are hereby 
amended as set forth below.

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, 2012; then open November 
10 through December 24, 2012.
    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, 2012, through March 9, 2013.
    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 15 and end November 25, 2012.
    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 1 and end November 25, 2012.
    Daily Bag Limit: 12 ducks, including no more than 9 mallards (only 
2 of which may be hens), 6 black ducks, 6 scaup, 6 redheads, 6 
pintails, 6 wood ducks, and 6 canvasbacks.
Mergansers
    1854 and 1837 Ceded Territories:
    Season Dates: Begin September 15 and end November 25, 2012.

[[Page 54458]]

    Daily Bag Limit: 15 mergansers, including no more than 6 hooded 
mergansers.
    Reservation:
    Season Dates: Begin September 1 and end November 25, 2012.
    Daily Bag Limit: 10 mergansers, including no more than 4 hooded 
mergansers.
    Canada Geese: All Areas
    Season Dates: Begin September 1 and end November 25, 2012.
    Daily Bag Limit: 20 geese.
Coots and Common Moorhens (Common Gallinules)
    1854 and 1837 Ceded Territories:
    Season Dates: Begin September 15 and end November 25, 2012.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.
    Reservation:
    Season Dates: Begin September 1 and end November 25, 2012.
    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 25, 2012.
    Daily Bag Limit: Two sandhill cranes. Crane carcass tags are 
required prior to hunting.
    Sora and Virginia Rails: All Areas.
    Season Dates: Begin September 1 and end November 25, 2012.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate.
    Common Snipe: All Areas.
    Season Dates: Begin September 1 and end November 25, 2012.
    Daily Bag Limit: Eight common snipe.
    Woodcock: All Areas.
    Season Dates: Begin September 1 and end November 25, 2012.
    Daily Bag Limit: Three woodcock.
    Mourning Dove: All Areas.
    Season Dates: Begin September 1 and end October 30, 2012.
    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 15, 2012, through January 15, 2013.
    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, 2012; and open 
January 1, 2013, through February 8, 2013.
    Daily Bag Limit: 10 geese.
Other Geese (White-fronted Geese and Brant)
    Season Dates: Open September 20 through November 30, 2012.
    Daily Bag Limit: Five geese.
Sora Rails, Common Snipe, and Woodcock
    Season Dates: Open September 1 through November 14, 2012.
    Daily Bag Limit: 10 rails, 10 snipe, and 5 woodcock.
Mourning Doves
    Season Dates: Open September 1 through November 14, 2012.
    Daily Bag Limit: 10 mourning doves.
Sandhill Cranes
    Season Dates: Open September 1 through November 30, 2012.
    Daily Bag Limit: One sandhill crane.
    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 2012-13 waterfowl hunting season regulations apply to all 
treaty areas (except where noted):
Ducks
    Season Dates: Begin September 4 and end December 31, 2012.
    Daily Bag Limit: 1837 and 1842 Ceded Territories: 50 ducks.
    1836 Ceded Territory: 30 ducks.
Mergansers
    Season Dates: Begin September 4 and end December 31, 2012.
    Daily Bag Limit: 10 mergansers.
Geese
    Season Dates: Begin September 1 and end December 31, 2012. 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: 1836 Treaty Area Season Dates: Begin September 15 and 
end December 31, 2012.
    1837 and 1842 Treaty Area Season Dates: Begin September 4 and end 
December 31, 2012.
    Daily Bag Limit: 20 coots and common moorhens (common gallinules), 
singly or in the aggregate.
Sora and Virginia Rails
    Season Dates: 1836 Treaty Area Season Dates: Begin September 15 and 
end December 31, 2012.
    1837 and 1842 Treaty Area Season Dates: Begin September 4 and end 
December 31, 2012.
    Daily Bag and Possession Limits: 20 sora and Virginia rails, singly 
or in the aggregate, 25.
Common Snipe
    Season Dates: 1836 Treaty Area Season Dates: Begin September 15 and 
end December 31, 2012.
    1837 and 1842 Treaty Area Season Dates: Begin September 4 and end 
December 31, 2012.
    Daily Bag Limit: 16 common snipe.
Woodcock
    Season Dates: Begin September 4 and end December 31, 2012.
    Daily Bag Limit: 10 woodcock.
Mourning Dove: 1837 and 1842 Ceded Territories.
    Season Dates: Begin September 1 and end November 9, 2012.

[[Page 54459]]

    Daily Bag Limit: 15.
Sandhill Cranes: 1837 and 1842 Ceded Territories only.
    Season Dates: Begin September 4 and end December 31, 2012.
    Daily Bag Limit: 1 crane.
General Conditions
    A. All tribal members will be required to obtain a valid tribal 
waterfowl hunting permit.
    B. Except as otherwise noted, tribal members will be required to 
comply with tribal codes that will be no less restrictive than the 
model ceded territory conservation codes approved by Federal courts in 
the Lac Courte Oreilles v. State of Wisconsin (Voigt), 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. Both versions of Chapter 10 parallel Federal requirements as 
to hunting methods, transportation, sale, exportation, and other 
conditions generally applicable to migratory bird hunting. They also 
automatically incorporate by reference the Federal migratory bird 
regulations adopted in response to this regulation.
    C. Particular regulations of note include:
    1. Nontoxic shot will be required for all waterfowl hunting by 
tribal members.
    2. Tribal members in each zone will comply with tribal regulations 
providing for closed and restricted waterfowl hunting areas. These 
regulations generally incorporate the same restrictions contained in 
parallel State regulations.
    3. There is no possession limit. For purposes of enforcing bag 
limits, all migratory birds in the possession and custody of tribal 
members on ceded lands will be considered to have been taken on those 
lands unless tagged by a tribal or State conservation warden as taken 
on reservation lands. All migratory birds that fall on reservation 
lands will not count as part of any off-reservation bag or possession 
limit.
    4. The baiting restrictions included in the respective section 
10.05(2)(h) of the model ceded territory conservation codes will be 
amended to include language which parallels that in place for nontribal 
members as published at 64 FR 29799, June 3, 1999.
    5. The shell limit restrictions included in the respective section 
10.05(2)(b) of the model ceded territory conservation codes will be 
removed.
    6. Hunting hours shall be from a half hour before sunrise to 30 
minutes after sunset.
    (f) [Reserved.]
    (g) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal 
Members and Nontribal Hunters).
Nontribal Hunters on Reservation
Geese
    Season Dates: Open September 1 through 13, 2012, for the early-
season, and open October 1, 2012, through January 31, 2013, 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 September 22, 2012, through January 31, 2013.
    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.
Tribal Hunters Within Kalispel Ceded Lands
Ducks
    Season Dates: Open October 1, 2012, through January 31, 2013.
    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, 2012, through January 31, 2013.
    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 15 through December 31, 2012.
    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, 2012.
    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) [Reserved]
    (k) The Little Traverse Bay Bands of Odawa Indians, Petoskey, 
Michigan (Tribal Members Only).
Ducks
    Season Dates: Open September 15, 2012, through January 31, 2013.
    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, 2012.
    Daily Bag Limit: 20.
Canada Geese
    Season Dates: Open September 1, 2012, through February 8, 2013.
    Daily Bag Limit: 20.
Sora and Virginia Rails
    Season Dates: Open September 1 through December 31, 2012.
    Daily Bag Limit: 20.
Snipe
    Season Dates: Open September 15 through December 31, 2012.
    Daily Bag Limit: 16.
Mourning Doves
    Season Dates: Open September 1 through November 14, 2012.
    Daily Bag Limit: 15.
Woodcock
    Season Dates: Open September 5 through December 1, 2012.
    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).
Ducks
    Season Dates: Open September 15, 2012, through January 6, 2013.
    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.

[[Page 54460]]

Geese
    Season Dates: Open September 15, 2012, through January 6, 2013.
    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 15, 2012, through January 6, 2013.
    Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
    Season Dates: Open September 15, 2012, through January 6, 2013.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
    Season Dates: Open September 15, 2012, through January 6, 2013.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-Tailed Pigeon
    Season Dates: Open September 15, 2012, through January 6, 2013.
    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 15 through October 28, 2012.
Daily Bag Limit: Two band-tailed pigeons.
Ducks and Coots
    Season Dates: Open September 22, 2012, through January 26, 2013.
    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 22, 2012, through January 26, 2013.
    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, 2012.
    Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
    Season Dates: Open September 1 through 30, 2012.
    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 15 through November 16, 2012, and open 
November 26 through December 4, 2012.
    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 16, 2012; and open 
November 26 through December 30, 2012.
    Daily Bag and Possession Limits: 5 and 10 Canada geese, 
respectively, from September 1 through 14, 2012; 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 1 through November 4, 2012.
    Daily Bag and Possession Limits: 5 and 10 woodcock, respectively.
Dove
    Season Dates: Open September 1 through November 4, 2012.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
    General Conditions: Tribal member shooting hours are one-half hour 
before sunrise to one-half hour after sunset. Nontribal members hunting 
on the Reservation or on lands under the jurisdiction of the Tribe must 
comply with all State of Wisconsin regulations, including season dates, 
shooting hours, and bag limits, which differ from tribal member 
seasons. Tribal members and nontribal members hunting on the 
Reservation or on lands under the jurisdiction of the Tribe will 
observe all basic Federal migratory bird hunting regulations found in 
50 CFR part 20, with the following exceptions: Tribal members are 
exempt from the purchase of the Migratory Waterfowl Hunting and 
Conservation Stamp (Duck Stamp); and shotgun capacity is not limited to 
three shells.
    (q) Point No Point Treaty Council, Kingston, Washington (Tribal 
Members Only).
Jamestown S'Klallam Tribe
Ducks
    Season Dates: Open September 15, 2012, through February 1, 2013.

[[Page 54461]]

    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, 2012, through March 10, 2013.
    Daily Bag and Possession Limits: Four geese, and may include no 
more than three light geese. The seasons on Aleutian and cackling 
Canada geese are closed. Possession limit is twice the daily bag limit.
Brant
    Season Dates: Open January 15 through January 31, 2013.
    Daily Bag and Possession Limits: Two and four, respectively.
Coots
    Season Dates: Open September 15, 2012, through February 1, 2013.
    Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
    Season Dates: Open September 15, 2012, through January 14, 2013.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
    Season Dates: Open September 15, 2012, through March 10, 2013.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-Tailed Pigeon
    Season Dates: Open September 15, 2012, through March 10, 2013.
    Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
Port Gamble S'Klallam Tribe
Ducks
    Season Dates: Open September 1, 2012, through February 10, 2013.
    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, 2012, through March 10, 2013.
    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 December 1, 2012, through February 10, 2013.
    Daily Bag and Possession Limits: 2 and 4, respectively.
Coots
    Season Dates: Open September 1, 2012, through January 27, 2013.
    Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
    Season Dates: Open September 1, 2012, through January 27, 2013.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
    Season Dates: Open September 1, 2012, through March 10, 2013.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-Tailed Pigeon
    Season Dates: Open September 1, 2012, through March 10, 2013.
    Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
    General: Tribal members must possess a tribal hunting permit from 
the Point No Point Tribal Council pursuant to tribal law. Hunting hours 
are from one-half hour before sunrise to sunset. Hunters must observe 
all other basic Federal migratory bird hunting regulations in 50 CFR 
part 20.
    (r) Sault Ste. Marie Tribe of Chippewa Indians, Sault Ste. Marie, 
Michigan (Tribal Members Only).
Mourning Doves
    Season Dates: Open September 1 through November 14, 2012.
    Daily Bag Limit: 10 doves.
Ducks
    Season Dates: Open September 15 through December 31, 2012.
    Daily Bag Limits: 20, including no more than 10 mallards (only 5 of 
which may be hens), 5 canvasback, 5 black duck, and 5 wood duck.
Mergansers
    Season Dates: Open September 15 through December 31, 2012.
    Daily Bag Limit: 10.
Geese
    Season Dates: Open September 1 through December 31, 2012.
    Daily Bag Limit: 20 in the aggregate.
Coots and Gallinule
    Season Dates: Open September 1 through December 31, 2012.
    Daily Bag Limit: 20 in the aggregate.
Woodcock
    Season Dates: Open September 2 through December 1, 2012.
    Daily Bag Limits: 10.
Common Snipe
    Season Dates: Open September 15 through December 31, 2012.
    Daily Bag Limits: 16.
Sora and Virginia Rails
    Season Dates: Open September 1 through December 31, 2012.
    Daily Bag Limits: 20 in the aggregate.
    General: Possession limits are twice the daily bag limits except 
for rails, of which the possession limit equals the daily bag limit 
(20). Tribal members must possess a tribal hunting permit from the 
Sault Ste. Marie Tribe pursuant to tribal law. Shooting hours are one-
half hour before sunrise until one-half hour after sunset. Hunters must 
observe all other basic Federal migratory bird hunting regulations in 
50 CFR part 20.
    (s) [Reserved.]
    (t) Skokomish Tribe, Shelton, Washington (Tribal Members Only).
Ducks
    Season Dates: Open September 16, 2012, through February 28, 2013.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, one canvasback, one harlequin per 
season, and two redheads. Possession limit is twice the daily bag limit 
(except for harlequin).
Geese
    Season Dates: Open September 16, 2012, through February 28, 2013.
    Daily Bag and Possession Limits: Four geese, and may include no 
more than three light geese. The season on Aleutian Canada geese is 
closed. Possession limit is twice the daily bag limit.
Brant
    Season Dates: Open November 1, 2012, through February 15, 2013.
    Daily Bag and Possession Limits: Two and four brant, respectively.
Coots
    Season Dates: Open September 16, 2012, through February 28, 2013.
    Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
    Season Dates: Open September 16, 2012, through February 28, 2013.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

[[Page 54462]]

Snipe
    Season Dates: Open September 16, 2012, through February 28, 2013.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-Tailed Pigeon
    Season Dates: Open September 16, 2012, through February 28, 2013.
    Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
    General Conditions: All hunters authorized to hunt migratory birds 
on the reservation must obtain a tribal hunting permit from the 
respective Tribe. Hunters are also required to adhere to a number of 
special regulations available at the tribal office. Hunters must 
observe all other basic Federal migratory bird hunting regulations in 
50 CFR part 20.
    (u) Spokane Tribe of Indians, Spokane Indian Reservation and Ceded 
Lands, Wellpinit, Washington (Tribal Members Only).
Ducks
    Season Dates: Open September 2, 2012, through January 31, 2013.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, two pintail, one canvasback, three scaup, and 
two redheads. Possession limit is twice the daily bag limit.
Geese
    Season Dates: Open September 2, 2012, through January 31, 2013.
    Daily Bag and Possession Limits: Four dark geese and six light 
geese. Possession limit is twice the daily bag limit.
    General Conditions: All tribal hunters must have a valid Tribal ID 
card on his or her person while hunting. Shooting hours are one-half 
hour before sunrise to sunset, and steel shot is required for all 
migratory bird hunting. Hunters must observe all other basic Federal 
migratory bird hunting regulations in 50 CFR part 20.
    (v) [Reserved.]
    (w) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal 
Members Only).
Band-Tailed Pigeon
    Season Dates: Open September 1 through October 31, 2012.
    Daily Bag and Possession Limits: Four and eight, respectively.
Mourning Dove
    Season Dates: Open September 1 through October 31, 2012.
    Daily Bag and Possession Limits: 10 and 20, respectively.
    Tribal members hunting on lands will observe all basic Federal 
migratory bird hunting regulations found in 50 CFR part 20, which will 
be enforced by the Stillaguamish Tribal Law Enforcement. Tribal members 
are required to use steel shot or a nontoxic shot as required by 
Federal regulations.
    (x) [Reserved.]
    (y) The Tulalip Tribes of Washington, Tulalip Indian Reservation, 
Marysville, Washington (Tribal Members and Nontribal Hunters).
Tribal Members Only
Ducks
    Season Dates: Open September 7, 2012, through February 28, 2013.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, two pintail, one canvasback, three scaup, and 
two redheads. Possession limit is twice the daily bag limit.
Geese
    Season Dates: Open September 7, 2012, through February 28, 2013.
    Daily Bag and Possession Limits: Seven geese. Possession limit is 
twice the daily bag limit.
Brant
    Season Dates: Open September 7, 2012, through February 28, 2013.
    Daily Bag and Possession Limits: Two and four brant, respectively.
Coots
    Season Dates: Open September 7, 2012, through February 28, 2013.
    Daily Bag and Possession Limits: 25 and 25 coots, respectively.
Snipe
    Season Dates: Open September 7, 2012, through February 28, 2013.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Nontribal Hunters
    Snipe
    Season Dates: Open November 14, 2012, through February 28, 2013.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
    General Conditions: All tribal hunters must have a valid Tribal ID 
card on his or her person while hunting. All nontribal hunters must 
obtain and possess while hunting a valid Tulalip Tribe hunting permit 
and be accompanied by a Tulalip Tribal member. Shooting hours are one-
half hour before sunrise to sunset, and steel shot is required for all 
migratory bird hunting. Hunters must observe all other basic Federal 
migratory bird hunting regulations in 50 CFR part 20.
    (z) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal 
Members Only).
Mourning Dove
    Season Dates: Open September 1 through December 31, 2012.
    Daily Bag and Possession Limits: 12 and 15 mourning doves, 
respectively.
    Tribal members must have the tribal identification and harvest 
report card on their person to hunt. Tribal members hunting on the 
Reservation will observe all basic Federal migratory bird hunting 
regulations found in 50 CFR part 20, except shooting hours would be 
one-half hour before official sunrise to one-half hour after official 
sunset.
    (aa) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal 
Members Only).
Canada Geese
    Season Dates: Open September 5 through 22, 2012, and open October 
29, 2012, through February 23, 2013.
    Daily Bag Limits: Eight Canada geese during the first period and 
eight during the second.
Snow Geese
    Season Dates: Open September 5 through 22, 2012, and open November 
26, 2012, through February 23, 2013.
    Daily Bag Limits: 15 snow geese.
Sora and Virginia Rails
    Season Dates: Open September 1 through November 10, 2012.
    Daily Bag Limits: 5 sora and 10 Virginia Rails.
Snipe
    Season Dates: Open September 1 through December 16, 2012.
    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.
    (bb) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal 
Members Only).
Ducks
    Season Dates: Open September 15 through December 16, 2012.
    Daily Bag Limit for Ducks: 10 ducks, including no more than 2 
female mallards, 1 pintail, and 1 canvasback.
Mergansers
    Season Dates: Open September 15 through December 16, 2012.
    Daily Bag Limit for Mergansers: Five mergansers, including no more 
than two hooded mergansers.
Geese
    Season Dates: Open September 1 through December 16, 2012.

[[Page 54463]]

    Daily Bag Limit: Eight geese through September 21 and five 
thereafter.
Coots
    Season Dates: Open September 1 through November 30, 2012.
    Daily Bag Limit: 20 coots.
Sora and Virginia Rails
    Season Dates: Open September 1 through November 30, 2012.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate.
Common Snipe and Woodcock
    Season Dates: Open September 1 through November 30, 2012.
    Daily Bag Limit: 10 snipe and 10 woodcock.
Mourning Dove
    Season Dates: Open September 1 through November 30, 2012.
    Daily Bag Limit: 25 doves.
    General Conditions: Shooting hours are one-half hour before sunrise 
to one-half hour after sunset. Nontoxic shot is required. All other 
basic Federal migratory bird hunting regulations contained in 50 CFR 
part 20 will be observed.
    (cc) White Mountain Apache Tribe, Fort Apache Indian Reservation, 
Whiteriver, Arizona (Tribal Members and Nontribal Hunters).
Band-Tailed Pigeons (Wildlife Management Unit 10 and Areas South of Y-
70 and Y-10 in Wildlife Management Unit 7, Only)
    Season Dates: Open September 1 through 15, 2012.
    Daily Bag and Possession Limits: Three and six pigeons, 
respectively.
    Mourning Doves (Wildlife Management Unit 10 and Areas South of Y-70 
and Y-10 in Wildlife Management Unit 7, Only)
    Season Dates: Open September 1 through 15, 2012.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
    General Conditions: All nontribal hunters hunting band-tailed 
pigeons and mourning doves on Reservation lands shall have in their 
possession a valid White Mountain Apache Daily or Yearly Small Game 
Permit. In addition to a small game permit, all nontribal hunters 
hunting band-tailed pigeons must have in their possession a White 
Mountain Special Band-tailed Pigeon Permit. Other special regulations 
established by the White Mountain Apache Tribe apply on the 
reservation. Tribal and nontribal hunters will comply with all basic 
Federal migratory bird hunting regulations in 50 CFR Part 20 regarding 
shooting hours and manner of taking.
    (dd) [Reserved.]

    Dated: August 30, 2012.
Rachel Jacobson,
Principal Assistant Deputy Secretary for Fish and Wildlife and Parks.
 [FR Doc. 2012-21969 Filed 8-31-12; 4:15 pm]
BILLING CODE 4310-55-P