Part II

As Enacted ( Federal Register)

Cited authorities 8

Cited in

Federal Register: September 4, 2008 (Volume 73, Number 172)

Rules and Regulations

Page 51703-51712

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr04se08-9

Page 51703

Part II

Department of the Interior

Fish and Wildlife Service

50 CFR Part 20

Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain

Federal Indian Reservations and Ceded Lands for the 2008-09 Early

Season; Final Rule

Page 51704

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 50 CFR Part 20

FWS-R9-MB-2008-0032; 91200-1231-9BPP-L2

RIN 1018-AV62

Migratory Bird Hunting; Migratory Bird Hunting Regulations on

Certain Federal Indian Reservations and Ceded Lands for the 2008-09

Early Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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 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 1, 2008.

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, Virginia.

FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, Division of Migratory

Bird Management, U.S. Fish and Wildlife Service, (703/358-1967).

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

In the August 15, 2008, Federal Register (73 FR 48098), we proposed special migratory bird hunting regulations for the 2008-09 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 1918 Migratory Bird Treaty with Canada.

In the May 28, 2008, Federal Register (73 FR 30712), we requested that tribes desiring special hunting regulations in the 2008-09 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. 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 proposed rule included generalized regulations for both early- and late-season hunting, this rulemaking addresses only the early-season proposals. 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 dove. Late seasons begin about October 1 or later each year and have a primary emphasis on waterfowl.

Population Status and Harvest

The following paragraphs provide a brief summary of information on the status and harvest of waterfowl excerpted from various reports. For more detailed information on methodologies and results, you may obtain complete copies of the various reports at the address indicated under

ADDRESSES or from our Web site at http://www.fws.gov/migratorybirds/ reports/reports.html.

Status of Ducks

Federal, provincial, and State agencies conduct surveys each spring to estimate the size of breeding populations and to evaluate the conditions of the habitats. These surveys are conducted using fixed- wing aircraft and helicopters and encompass principal breeding areas of

North America, and cover over 2.0 million square miles. The Traditional survey area comprises Alaska, Canada, and the northcentral United

States, and includes approximately 1.3 million square miles. The

Eastern survey area includes parts of Ontario, Quebec, Labrador,

Newfoundland, Nova Scotia, Prince Edward Island, New Brunswick, New

York, and Maine, an area of approximately 0.7 million square miles.

Breeding Ground Conditions

Habitat conditions during the 2008 Waterfowl Breeding Population and Habitat Survey were characterized in many areas by a delayed spring compared to several preceding years. Drought in many parts of the traditional survey area contrasted sharply with record snow and rainfall in the eastern survey area. The total pond estimate (Prairie

Canada and United States combined) was 4.4 0.2 million ponds, 37 percent below last year's estimate of 7.0 0.3 million ponds and 10 percent lower than the long-term average of 4.9 0.03 million ponds. The 2008 estimate of ponds in Prairie

Canada was 3.1 0.1 million. This was a 39 percent decrease from last year's estimate (5.0 0.3 million), and 11 percent below the 1955-2007 average (3.4 0.03 million).

The 2008 pond estimate for the north-central United States (1.4 0.1 million) was 30 percent lower than last year's estimate (2.0 0.1 million) and 11 percent below the long-term average

(1.5 0.02 million).

Breeding Population Status

In the Waterfowl Breeding Population and Habitat Survey traditional survey area (strata 1-18, 20-50, and 75-77), the total duck population estimate was 37.3 0.6 [SE] million birds. This was 9 percent lower than last year's estimate

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of 41.2 0.7 million birds, but 11 percent above the 1955- 2007 long-term average. Mallard (Anas platyrhynchos) abundance was 7.7 0.3 million birds, similar to last year's estimate of 8.3 plusmn; 0.3 million birds and to the long-term average. Blue-winged teal (A. discors) estimated abundance was 6.6 0.3 million birds similar to last year's estimate of 6.7 0.4 million birds, and 45 percent above the long-term average. Estimated abundances of gadwall (A. strepera; 2.7 0.2 million) and northern shovelers (A. clypeata; 3.5 0.2 million) were lower than those of last year (-19 percent and -23 percent, respectively), but both remained 56 percent above their long-term averages. Estimated abundance of American wigeon (A. americana; 2.5 0.2 million) was similar to the 2007 estimate and the long-term average.

Estimated abundances of green-winged teal (A. crecca; 3.0 0.2 million) and redheads (Aythya americana; 1.1 0.1 million) were similar to last year's, but were each >50 percent above their long-term averages. The redhead and green-winged teal estimates were the highest and the second highest ever for the traditional survey area. The canvasback (A. valisineria) estimate of 0.5 0.05 million was down 44 percent relative to 2007's record high, and 14 percent below the long-term average. Northern pintails (Anas acuta; 2.6 0.1 million) were 22 percent below last year's estimate and 36 percent below their long-term average. The scaup (Aythya affinis and A. marila combined; 3.7 0.2 million) estimate was similar to that of 2007, and remained 27 percent below the long-term average.

The eastern survey area was restratified in 2005 and is now composed of strata 51-72. Estimates of mallards, scaup, scoters (black

Melanitta nigra

, white-winged [M. fusca], and surf [M. perspicillata]), green-winged teal, American wigeon, bufflehead (B. albeola), American black duck (A. rubripes), ring-necked duck (Aythya collaris), mergansers (red-breasted [Mergus serrator], common [M. merganser], and hooded [Lophodytes cucullatus]), and goldeneye (common

Bucephala clangula

and Barrow's [B. islandica]) all were similar to their 2007 estimates and long-term averages.

Fall Flight Estimate

The mid-continent mallard population is composed of mallards from the traditional survey area (revised in 2008 to exclude Alaska mallards), Michigan, Minnesota, and Wisconsin, and was estimated to be 7.7 0.3 million. This was similar to the revised 2007 estimate of 8.5 0.3 million. In 2007, we reported a projected mallard fall-flight index of 11.4 million 1.0 million. After the removal of Alaska mallards from the mid-continent stock, the revised 2007 fall-flight estimate was 10.9 1.0 million, which was not significantly different from the 2008 estimate of 9.2 0.8 million. These indices were based on mid- continent mallard population models revised in 2002, and the 2008 updated model weights, and therefore differ from those previously published.

Status of Geese and Swans

We provide information on the population status and productivity of

North American Canada geese (Branta canadensis), brant (B. bernicla), snow geese (Chen caerulescens), Ross' geese (C. rossii), emperor geese

(C. canagica), white-fronted geese (Anser albifrons), and tundra swans

(Cygnus columbianus). In May of 2008, much of eastern Arctic and subarctic Canada experienced well above-average temperatures which contributed to average or early availability of nesting sites. Reports from most other important goose and swan nesting areas indicated near- average nesting phenology and average production of young in 2008. Poor nesting conditions were reported from Wrangel Island, Russia and relatively small areas along western Hudson Bay, Bristol Bay (Alaska), and interior Alaska. Reduced wetland abundance in the Canadian and U.S. prairies, and a cool and wet spring in other southern areas may have reduced the production of some temperate-nesting Canada geese in 2008.

Primary abundance indices increased for 17 goose populations and decreased for nine goose populations in 2008 compared to 2007. Primary abundance indices for both populations of tundra swans decreased in 2008 from 2007 levels. The following populations displayed significant positive trends during the most recent 10-year period (P 4 percent) ducks and 3,579,100

(5 percent) geese in 2006, and harvested 14,578,900

(4 percent) ducks and 3,666,100 (6 percent) geese in 2007. Mallard, green-winged teal, gadwall, blue-winged/ cinnamon teal (Anas cyanoptera), and wood duck (Aix sponsa) were the most-harvested duck species, and Canada goose was the predominant goose species in the harvest. Coot hunters (about 39,400 in 2006 and 33,700 in 2007) harvested 199,100 (29 percent) coots in 2006 and 198,300 (29 percent) in 2007.

Comments and Issues Concerning Tribal Proposals

For the 2008-09 migratory bird hunting season, we proposed regulations for 29 tribes and/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 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 15, 2008, closed on August 25, 2008. Because of the necessary brief comment period, we will respond to any comments on the proposed rule and/or these regulations postmarked by August 25, but not received prior to final action by us, in the September late-season final rule.

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

We received one comment on the August 15 proposed rule from the

GLIWFC. The GLIFWC disagreed with our proposal to not remove the species restriction on mallards. Based on their harvest information, they estimate that about 600 mallards were taken by tribal hunters last year. Further, they stated that these birds were harvested from a large geographic area and reiterated the results from their harvest survey that showed very few tribal hunters reaching their daily bag limit.

Service Response: As we stated in the August 15 proposed rule, under the GLIFWC proposed regulations, GLIFWC expects modifications to the mallard bag limits to have no appreciable impact on the mallard population since the total estimated mallard harvest last year was approximately 600 birds, tribal members averaged just 2.1 ducks per hunting trip, and only 1 survey respondent reported harvesting more than 10 ducks of all species on his best day of hunting last year.

Thus, GLIFWC expects that this proposed change is likely to affect, at

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most, a few individual hunters on a few individual days, and to have no appreciable effect on mallard populations.

Further review of recent GLIFWC harvest surveys (1996-98, 2001, and 2004) indicate that tribal off-reservation waterfowl harvest has averaged less than 1,000 ducks and 120 geese annually. In the latest survey year (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). Further, in the last 5 years of harvest surveys, only 1 hunter reported harvesting 20 ducks in a single day. Analysis of hunter survey data over the period in question (1996-2004) indicates a general downward trend in both harvest and hunter participation.

While we have expressed concerns in the past (October 15, 2007

Federal Register, 72 FR 58452 and the August 15, 2008, proposed rule) with GLIFWC's proposal for removal of mallard restrictions within the overall duck daily bag limits in the 1837, 1842, and 1836 Treaty Areas, we now believe that an increase in the daily bag limit of mallards (by removal of the internal bag limit restriction) from 10 mallards per day to 30 mallards per day in the 1837 and 1842 Treaty Areas and 20 mallards per day in the 1836 Treaty Area would have no significant conservation impacts on locally-breeding mallards. We have reached this conclusion based largely on the fact that the tribal harvest, both past and anticipated, is relatively minuscule--around 600 mallards--and widely distributed. However, we reiterate our request for GLIFWC to continue with their current harvest survey based on our implementation of a pilot bag limit increase for ducks in the 1837 and 1842 Treaty

Areas last year. We believe the pilot bag limits implemented last year should warrant at least several years of data evaluation using GLIFWC's current harvest survey.

Finally, last year, in the August 31, 2007, proposed rule (72 FR 50596), we proposed daily bag limit restrictions for scaup and wood ducks (a daily bag limit of 5 for each). We proposed these particular restrictions on these species primarily because scaup have experienced a long-term population decline and wood ducks might be susceptible to local over-harvest. However, in GLIFWC's comments on that proposed rule, they requested removal of the Service's proposed bag limit restrictions on scaup and wood ducks and further noted that neither of these species have had a within bag limit species restriction in the past. They also stated that they were committed to appropriate harvest monitoring (with the understanding that this monitoring would be sufficient to identify any localized population impacts). In the

October 15, 2007, final rule (72 FR 58452), we agreed with GLIFWC and stated our willingness to work with them to closely monitor tribal harvest through either GLIFWC's own increased harvest surveys or

GLIFWC's assisting the Service to survey tribal hunters. However, we mistakenly failed to correct the species restrictions on scaup and wood ducks in either the October 15, 2007, final rule, or the August 15 proposed rule for this season. We are making that correction in this final rule.

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 Notice of Availability in the Federal Register on June 16, 1988 (53 FR 22582). We published our Record of Decision on August 18, 1988 (53 FR 31341). In addition, an August 1985 environmental assessment entitled ``Guidelines for Migratory Bird Hunting Regulations on Federal Indian Reservations and Ceded Lands'' is available from the address indicated under the caption ADDRESSES.

In a notice published in the September 8, 2005, Federal Register

(70 FR 53376), we announced our intent to develop a new Supplemental

Environmental Impact Statement for the migratory bird hunting program.

Public scoping meetings were held in the spring of 2006, as we detailed in a March 9, 2006, Federal Register notice (71 FR 12216).

Endangered Species Act Considerations

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 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 and may have caused modification of some regulatory measures previously proposed. The final frameworks reflect any modifications. Our biological opinions resulting from this section 7 consultation are public documents available for public inspection in the Service's Division of Endangered Species and Division of Migratory

Bird Management, 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 upon the following four criteria:

(a) Whether the rule will have an annual effect of $100 million or more on the economy or adversely affect an economic sector, productivity, jobs, the environment, or other units of the government.

(b) Whether the rule will create inconsistencies with other Federal agencies' actions.

(c) Whether the rule will materially affect entitlements, grants, user fees, loan programs, or the rights and obligations of their recipients.

(d) Whether the rule raises novel legal or policy issues.

Regulatory Flexibility Act

The regulations have a significant economic impact on substantial numbers of small entities under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). We analyzed the economic impacts of the annual hunting regulations on small business entities in detail as part of the 1981 cost-benefit analysis discussed under Executive Order 12866. This analysis was revised annually from 1990-95. In 1995, the Service issued a Small Entity Flexibility Analysis (Analysis), which was subsequently updated in 1996, 1998, 2004, and 2008. The primary source of information about hunter expenditures for migratory game bird hunting is the National Hunting and Fishing Survey, which is conducted at 5- year intervals. The 2008 Analysis was based on the 2006 National

Hunting and Fishing Survey and the U.S. Department of Commerce's County

Business Patterns, from which it was estimated that migratory bird hunters would spend approximately $1.2 billion at small businesses in 2008. Copies of the Analysis are available upon request from the address indicated under

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ADDRESSES or from our Web site at http://www.fws.gov/ migratorybirds/ reports/reports.html or at http://www.regulations.gov.

Small Business Regulatory Enforcement Fairness Act

This rule is a major rule under 5 U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act. For the reasons outlined above, this rule has an annual effect on the economy of $100 million or more.

However, because this rule establishes hunting seasons, we do not plan to defer the effective date under the exemption contained in 5 U.S.C. 808 (1).

Paperwork Reduction Act

We examined these regulations under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The various recordkeeping and reporting requirements imposed under regulations established in 50 CFR part 20,

Subpart K, are utilized in the formulation of migratory game bird hunting regulations. Specifically, OMB has approved the information collection requirements of our Migratory Bird Surveys and assigned control number 1018-0023 (expires 2/28/2011). This information is used to provide a sampling frame for voluntary national surveys to improve our harvest estimates for all migratory game birds in order to better manage these populations. OMB has also approved the information collection requirements of the Alaska Subsistence Household Survey, an associated voluntary annual household survey used to determine levels of subsistence take in Alaska, and assigned control number 1018-0124

(expires 1/31/2010). A Federal agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

Unfunded Mandates Reform Act

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

Mandates Reform Act.

Civil Justice Reform--Executive Order 12988

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

Takings Implication Assessment

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

Energy Effects--Executive Order 13211

On May 18, 2001, the President issued Executive Order 13211 on regulations that significantly affect energy supply, distribution, and use. 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.

Federalism Effects

Due to the migratory nature of certain species of birds, the

Federal Government has been given responsibility over these species by the Migratory Bird Treaty Act. We annually prescribe frameworks from which the States make selections regarding the hunting of migratory birds, and we employ guidelines to establish special regulations on

Federal Indian reservations and ceded lands. This process preserves the ability of the States and tribes to determine which seasons meet their individual needs. Any State or Indian tribe may be more restrictive than the Federal frameworks at any time. The frameworks are developed in a cooperative process with the States and the Flyway Councils. This process allows States to participate in the development of frameworks from which they will make selections, thereby having an influence on their own regulations. These rules do not have a substantial direct effect on fiscal capacity, change the roles or responsibilities of

Federal or State governments, or intrude on State policy or administration. Therefore, in accordance with Executive Order 13132, these regulations do not have significant federalism effects and do not have sufficient federalism implications to warrant the preparation of a

Federalism Assessment.

Government-to-Government Relationship With Tribes

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. Thus, 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, by virtue of the tribal proposals process, we have consulted with all the tribes affected by this rule.

List of Subjects in 50 CFR Part 20

Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife. 0

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

PART 20--[AMENDED] 0 1. The authority citation for part 20 continues to read as follows:

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

(Note: The following hunting regulations provided for by 50 CFR 20.110 will not appear in the Code of Federal Regulations because of their seasonal nature.) 0 2. Section 20.110 is revised to read as follows:

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, 2008; then open November 15, through December 29, 2008.

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.

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General Conditions: All persons 14 years and older must be in possession of a valid Colorado River Indian Reservation hunting permit before taking any wildlife on tribal lands. Any person transporting game birds off the Colorado River Indian Reservation must have a valid transport declaration form. Other tribal regulations apply, and may be obtained at the Fish and Game Office in Parker, Arizona.

(b) Confederated Salish and Kootenai Tribes, Flathead Indian

Reservation, Pablo, Montana (Tribal Hunters).

Tribal Members Only

Ducks (Including Mergansers)

Season Dates: Open September 1, 2008, through March 9, 2009.

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.

Minnesota (Tribal Members Only).

Ducks 1854 and 1837 Ceded Territories:

Season Dates: Begin September 13 and end November 30, 2008.

Daily Bag Limit: 18 ducks, including no more than 12 mallards (only 3 of which may be hens), 3 black ducks, 6 scaup, 6 wood ducks, 6 redheads, 3 pintails, and 3 canvasbacks.

Reservation:

Season Dates: Begin September 6 and end November 30, 2008.

Daily Bag Limit: 12 ducks, including no more than 8 mallards (only 2 of which may be hens), 2 black ducks, 4 scaup, 4 redheads, 2 pintails, 4 wood ducks, and 2 canvasbacks.

Mergansers 1854 and 1837 Ceded Territories:

Season Dates: Begin September 13 and end November 30, 2008.

Daily Bag Limit: 15 mergansers, including no more than 6 hooded mergansers.

Reservation:

Season Dates: Begin September 6 and end November 30, 2008.

Daily Bag Limit: 10 mergansers, including no more than 4 hooded mergansers.

Canada Geese: All Areas

Season Dates: Begin September 1 and end November 30, 2008.

Daily Bag Limit: 20 geese.

Coots and Common Moorhens (Common Gallinules) 1854 and 1837 Ceded Territories:

Season Dates: Begin September 13 and end November 30, 2008.

Daily Bag Limit: 20 coots and common moorhens, singly or in the aggregate.

Reservation:

Season Dates: Begin September 6 and end November 30, 2008.

Daily Bag Limit: 25 coots and common moorhens, singly or in the aggregate.

Sora and Virginia Rails 1854 and 1837 Ceded Territories:

Season Dates: Begin September 1 and end November 30, 2008.

Daily Bag Limit: 25 sora and Virginia rails, singly or in the aggregate.

Reservation:

Season Dates: Begin September 1 and end December 2, 2008.

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 30, 2008.

Daily Bag Limit: Eight common snipe.

Woodcock: All Areas

Season Dates: Begin September 1 and end November 30, 2008.

Daily Bag Limit: Three woodcock.

Mourning dove: All Areas

Season Dates: Begin September 1 and end November 30, 2008.

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 20, 2008, through January 18, 2009.

Daily Bag Limit: 12 ducks, which may include no more than 2 pintail, 2 canvasback, 3 black ducks, 1 hooded merganser, 3 wood ducks, 3 redheads, and 6 mallards (only 3 of which may be hens).

Canada and Snow Geese

Season Dates: Open September 1, through November 30, and open

January 1, 2009, through February 8, 2009.

Daily Bag Limit: Five geese.

Other Geese (white-fronted geese and brant)

Season Dates: Open September 20, through November 30, 2008.

Daily Bag Limit: Five geese.

Sora Rails, Common Snipe, and Woodcock

Season Dates: Open September 1, through November 14, 2008.

Daily Bag Limit: 10 rails, 10 snipe, and 5 woodcock.

Mourning Doves

Season Dates: Open September 1, through November 14, 2008.

Daily Bag Limit: 10 mourning doves.

General Conditions: A valid Grand Traverse Band Tribal license is required and must be in possession before taking any wildlife. All other basic regulations contained in 50 CFR part 20 are valid.

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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).

Ducks

Wisconsin and Minnesota 1837 and 1842 Treaty Areas:

Season Dates: Begin September 15 and end December 31, 2008.

Daily Bag Limit: 30 ducks, including no more than 5 black ducks, 5 pintails, and 5 canvasbacks.

Michigan 1836 Treaty Area:

Season Dates: Begin September 15 and end December 31, 2008.

Daily Bag Limit: 20 ducks, including no more than 5 black ducks, 5 pintails, and 5 canvasbacks.

Mergansers: All Ceded Areas

Season Dates: Begin September 15 and end December 31, 2008.

Daily Bag Limit: 10 mergansers.

Geese: All Ceded Areas

Season Dates: Begin September 1 and end December 31, 2008. In addition, any portion of the ceded territory that is open to State- licensed hunters for goose hunting after December 1 will also be open concurrently for tribal members.

Daily Bag Limit: 20 geese in aggregate.

Other Migratory Birds

Coots and Common Moorhens (Common Gallinules)

Season Dates: Begin September 1 and end December 31, 2008.

Daily Bag Limit: 20 coots and common moorhens (common gallinules), singly or in the aggregate.

Sora and Virginia Rails

Season Dates: Begin September 1 and end December 31, 2008.

Daily Bag Limit: 20, singly or in the aggregate.

Common Snipe

Season Dates: Begin September 15 and end December 31, 2008.

Daily Bag Limit: 16 common.

Woodcock

Season Dates: Begin September 5 and end December 1, 2008.

Daily Bag Limit: 10 woodcock.

Mourning Dove 1837 and 1842 Ceded Territories:

Season Dates: Begin September 1 and end November 9, 2008.

Daily Bag Limit: 15.

General Conditions: 1. All tribal members will be required to obtain a valid tribal waterfowl hunting permit. 2. Except as otherwise noted, tribal members will be required to comply with tribal codes that will be no less restrictive than the model ceded territory conservation codes approved by Federal courts in the Lac Courte Oreilles v. State of Wisconsin (Voigt) and Mille Lacs

Band v. State of Minnesota 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 proposal. 3. Particular regulations of note include: i. Nontoxic shot will be required for all off-reservation waterfowl hunting by tribal members. ii. Tribal members in each zone will comply with tribal regulations providing for closed and restricted waterfowl hunting areas. These regulations generally incorporate the same restrictions contained in parallel State regulations. iii. Possession limits for each species are double the daily bag limit, except on the opening day of the season, when the possession limit equals the daily bag limit, unless otherwise noted above.

Possession limits are applicable only to transportation and do not include birds that are cleaned, dressed, and at a member's primary residence. For purposes of enforcing bag and possession limits, all migratory birds in the possession and custody of tribal members on ceded lands will be considered to have been taken on those lands unless tagged by a tribal or State conservation warden as taken on reservation lands. All migratory birds that fall on reservation lands will not count as part of any off-reservation bag or possession limit. iv. The baiting restrictions included in section 10.05(2)(h) of the model ceded territory conservation code will be amended to include language which parallels that in place for non-tribal members as published at 64 FR 29799, June 3, 1999. v. The shell limit restrictions included in section 10.05(2)(b) of the model ceded territory conservation code will be removed. vi. Hunting hours shall be from a half hour before sunrise to 15 minutes after sunset. 4. Michigan--Duck Blinds and Decoys. Tribal members hunting in

Michigan will comply with tribal codes that contain provisions parallel to Michigan law regarding duck blinds and decoys.

(f) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal

Members and Nontribal Hunters).

Nontribal Hunters on Reservation

Geese

Season Dates: Open September 1, 2008, through September 14, for the early-season, and open October 1, through January 31, 2009, 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 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, 2008, through January 31, 2009.

Daily Bag and Possession Limits: 7 ducks, including no more than 2 female mallards, 4 scaup, and 2 redheads. The seasons on canvasbacks and pintail are closed. The possession limit is twice the daily bag limit.

Geese

Season Dates: Open September 1, 2008, through January 31, 2009.

Daily Bag Limit: 3 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.

(g) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members

Only).

Ducks

Youth Season Date: September 20, 2008.

Regular Season Dates: Open September 27, through December 31, 2008.

Daily Bag Limits: 10 ducks.

Geese

Season Dates: Open September 6, through December 31, 2008.

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

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commercial use of migratory birds are prohibited. Waterfowl may not be pursued or taken while using motorized craft.

(h) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal

Members Only).

Ducks

Season Dates: Open September 15, 2008, through January 20, 2009.

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

Canada Geese

Season Dates: Open September 1, through February 8, 2009.

Daily Bag and Possession Limits: Five Canada geese and possession limit is twice the daily bag limit.

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

Season Dates: Open September 20, through November 30, 2008.

Daily Bag and Possession Limits: Five birds and the possession limit is twice the daily bag limit.

Mourning Doves, Rails, Snipe, and Woodcock

Season Dates: Open September 1, through November 14, 2008.

Daily Bag and Possession Limits: 10 doves, 10 rails, 10 snipe, and 5 woodcock. The possession limit is twice the daily bag limit.

General: 1. All tribal members are required to obtain a valid tribal resource card and 2008-09 hunting license. 2. Except as modified by the Service rules adopted in response to this proposal, these amended regulations parallel all Federal regulations contained in 50 CFR part 20. 3. Particular regulations of note include: i. Nontoxic shot will be required for all waterfowl hunting by tribal members. ii. Tribal members in each zone will comply with tribal regulations providing for closed and restricted waterfowl hunting areas. These regulations generally incorporate the same restrictions contained in parallel State regulations. iii. Possession limits for each species are double the daily bag limit, except on the opening day of the season, when the possession limit equals the daily bag limit, unless otherwise noted above. 4. Tribal members hunting in Michigan will comply with tribal codes that contain provisions parallel to Michigan law regarding duck blinds and decoys.

(i) The Little Traverse Bay Bands of Odawa Indians, Petoskey,

Michigan (Tribal Members Only).

Ducks

Season Dates: Open September 15, 2008, through January 20, 2009.

Daily Bag Limits: 12 ducks, including no more than 6 mallards (only 3 of which may be hens), 3 black ducks, 3 redheads, 3 wood ducks, 2 pintail, 1 hooded merganser, and 2 canvasback.

Coots and Gallinules

Season Dates: Same as ducks.

Daily Bag Limits: 12.

Canada Geese

Season Dates: Open September 1, 2008, through February 8, 2009.

Daily Bag Limit: Five geese.

White-fronted Geese, Snow Geese, and Brant

Season Dates: Open September 1, through November 30, 2008.

Daily Bag Limit: 10 of each species.

Sora Rails, Snipe, and Mourning Doves

Season Dates: Open September 1, through November 14, 2008.

Daily Bag Limit: 10 of each species.

Woodcock

Season Dates: Open September 1, through November 14, 2008.

Daily Bag Limit: Five woodcock.

General: Possession limits are twice the daily bag limits.

(j) 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 20, 2008, through March 10, 2009.

Daily Bag and Possession Limits: Five ducks, including no more than five mallards (only one of which may be a hen), 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.

(k) Lower Elwha Klallam Tribe, Port Angeles, Washington (Tribal

Members Only).

Ducks

Season Dates: Open September 20, through December 31, 2008.

Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, one pintail, one canvasback, one harlequin, and two redheads. Possession limit is twice the daily bag limit.

Geese

Season Dates: Open September 20, through December 31, 2008.

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, 2008, through February 15, 2009.

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

Coots

Season Dates: Open September 20, through December 31, 2008.

Daily Bag and Possession Limits: 25 and 50 coots, respectively.

Mourning Doves

Season Dates: Open September 20, through December 31, 2008.

Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Snipe

Season Dates: Open September 20, through December 31, 2008.

Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

Band-tailed Pigeon

Season Dates: Open September 20, through December 31, 2008.

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.

(l) Makah Indian Tribe, Neah Bay, Washington (Tribal Members).

Band-tailed Pigeons

Season Dates: Open September 20, through October 31, 2008.

Daily Bag Limit: Two band-tailed pigeons.

Ducks and Coots

Season Dates: Open September 27, 2008, through January 25, 2009.

Daily Bag Limit: Seven ducks including no more than one redhead, one pintail, and one canvasback. The seasons on wood duck and harlequin are closed.

Geese

Season Dates: Open September 27, 2008, through January 25, 2009.

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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 would apply. The following restrictions are also proposed by the Tribe:

(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; and (7) Shooting hours for all species of waterfowl are one-half hour before sunrise to one-half hour after sunset; and (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).

(m) Navajo Indian Reservation, Window Rock, Arizona (Tribal Members and Nontribal Hunters).

Band-tailed Pigeons

Season Dates: Open September 1, through September 30, 2008.

Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.

Mourning Doves

Season Dates: Open September 1, through September 30, 2008.

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.

(n) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal

Members Only).

Ducks (Including Mergansers)

Season Dates: Open September 20, through November 21, 2008, and open December 1, through December 7, 2008.

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 September 19; September 20, through November 21; and open December 1, through December 30, 2008.

Daily Bag and Possession Limits: 5 and 10 Canada geese, respectively, from September 1, through September 19, 2008; and 3 and 6

Canada geese, respectively, from September 20, through December 30, 2008. 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 6, through November 9, 2008.

Daily Bag and Possession Limits: 5 and 10 woodcock, respectively.

Dove

Season Dates: Open September 1, through November 9, 2008.

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.

(o) Skokomish Tribe, Shelton, Washington (Tribal Members Only).

Ducks and Mergansers