[Federal Register Volume 73, Number 172 (Thursday, September 4, 2008)]
[Rules and Regulations]
[Pages 51704-51712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20475]
[[Page 51703]]
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Part II
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 20
Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain
Federal Indian Reservations and Ceded Lands for the 2008-09 Early
Season; Final Rule
Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 /
Rules and Regulations
[[Page 51704]]
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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.
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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 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
[[Page 51705]]
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 < 0.05):
Mississippi Flyway Giant, Aleutian, Atlantic Canada geese, Western
Arctic/Wrangel Island snow geese, and Pacific white-fronted geese. No
populations showed a significant negative 10-year trend. The forecast
for the production of geese and swans in North America in 2008 is
regionally variable, but production for many populations will be
improved from the generally low production observed in 2007.
Waterfowl Harvest and Hunter Activity
National surveys of migratory bird hunters were conducted during
the 2006 and 2007 hunting seasons. About 1.2 million waterfowl hunters
harvested 13,808,100 ( 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.
[[Page 51708]]
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.
(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 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.
[[Page 51709]]
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
[[Page 51710]]
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.
[[Page 51711]]
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
Season Dates: Open September 16, 2008, through February 28, 2009.
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 16, 2008, through February 28, 2009.
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 brant, respectively.
Coots
Season Dates: Open September 16, 2008, through February 28, 2009.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
Season Dates: Open September 16, 2008, through February 28, 2009.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 16, 2008, through February 28, 2009.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-tailed Pigeon
Season Dates: Open September 16, 2008, through February 28, 2009.
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.
(p) Squaxin Island Tribe, Squaxin Island Reservation, Shelton,
Washington (Tribal Members Only).
Ducks
Season Dates: Open September 1, 2008, through January 15, 2009.
Daily Bag and Possession Limits: Five ducks, which may include
only one canvasback. The season on harlequin ducks is closed.
Possession limit is twice the daily bag limit.
[[Page 51712]]
Geese
Season Dates: Open September 15, 2008, through January 15, 2009.
Daily Bag and Possession Limits: Four geese, and may include no
more than two snow geese. The season on Aleutian and cackling Canada
geese is closed. Possession limit is twice the daily bag limit.
Brant
Season Dates: Open September 1, through December 31, 2008.
Daily Bag and Possession Limits: Two and four brant, respectively.
Coots
Season Dates: Open September 1, 2008, through January 15, 2009.
Daily Bag Limits: 25 coots.
Snipe
Season Dates: Open September 15, 2008, and through January 15,
2009.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-tailed Pigeons
Season Dates: Open September 1, through December 31, 2008.
Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
General Conditions: All tribal hunters must obtain a Tribal
Hunting Tag and Permit from the Tribe's Natural Resources Department
and must have the permit, along with the member's treaty enrollment
card, on his or her person while hunting. Shooting hours are one-half
hour before sunrise to one-half hour after sunset, and steel shot is
required for all migratory bird hunting. Other special regulations are
available at the tribal office in Shelton, Washington.
(q) Spokane Tribe of Indians, Spokane Indian Reservation,
Wellpinit, Washington (Tribal Members Only).
Ducks
Season Dates: Open September 15, 2008, through January 31, 2009.
Daily Bag and Possession Limits: Seven ducks, including no more
than two mallard hens, two redheads, two scaup, and one pintail. The
canvasback season is closed. Possession limit is twice the daily bag
limit.
Geese
Season Dates: Open September 1, 2008, through January 31, 2009.
Daily Bag and Possession Limits: 4 dark geese and 10 light geese.
Possession limit is twice the daily bag limit.
(r) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal
Members Only).
Mourning Dove
Season Dates: Open September 1, through December 31, 2008.
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.
(s) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal
Members Only).
Canada Geese
Season Dates: Open September 15, and through September 29, 2008,
and open October 29, 2008, through February 25, 2009.
Daily Bag Limits: 5 Canada geese during the first period, 3 during
the second.
Snow Geese
Season Dates: Open September 8, 2008, and through September 22,
2008.
Daily Bag Limits: 15 snow geese.
General Conditions: Shooting hours are one-half hour before
sunrise to sunset. Nontoxic shot is required. All basic Federal
migratory bird hunting regulations contained in 50 CFR part 20 will be
observed.
(t) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal
Members Only).
Ducks and Mergansers
Season Dates: Open September 20, through December 19, 2008.
Daily Bag Limit for Ducks: 10 ducks, including no more than 2
mallards and 1 canvasback.
Daily Bag Limit for Mergansers: Five mergansers, including no more
than two hooded mergansers.
Geese
Season Dates: Open September 1, through September 26, 2008, and
open September 27, through December 19, 2008.
Daily Bag Limit: Eight geese through September 26 and five
thereafter.
Coots
Season Dates: Open September 1, through November 30, 2008.
Daily Bag Limit: 20 coots.
Sora and Virginia Rails
Season Dates: Open September 1, through November 30, 2008.
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, 2008.
Daily Bag Limit: 10 snipe and 10 woodcock.
Mourning Dove
Season Dates: Open September 1, through November 30, 2008.
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.
(u) 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 September 15, 2008.
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 September 15, 2008.
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.
Dated: August 28, 2008.
David M. Verhey,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E8-20475 Filed 8-29-08; 11:15 am]
BILLING CODE 4310-55-P