40138 Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Proposed Rules 

Services Office (see FOR FURTHER

INFORMATION CONTACT). 

Author 

The primary authors of this rule are 

the staff members of the New Mexico 

Ecological Services Office (see FOR

FURTHER INFORMATION CONTACT). 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Dated: July 31, 2009. 

James J. Slack, 

Acting Deputy Director, Fish and Wildlife 

Service. 

[FR Doc. E9–19024 Filed 8–10– 09; 8:45 am] 

BILLING CODE 4310–55–S 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 20 

[FWS–R9–MB–2008–0124; 91200–1231– 

9BPP–L2] 

RIN 1018–AW31 

Migratory Bird Hunting; Proposed 

Migratory Bird Hunting Regulations on 

Certain Federal Indian Reservations 

and Ceded Lands for the 2009–10 

Season 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Fish and Wildlife 

Service (hereinafter, Service or we) 

proposes special migratory bird hunting 

regulations for certain Tribes on Federal 

Indian reservations, off-reservation trust 

lands, and ceded lands for the 2009–10 

migratory bird hunting season. 

DATES: We will accept all comments on 

the proposed regulations that are 

postmarked or received in our office by 

August 21, 2009. 

ADDRESSES: You may submit comments 

on the proposals by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: 1018– 

AW31, Division of Policy and Directives 

Management, U.S. Fish and Wildlife 

Service, 4401 N. Fairfax Drive, Suite 

222, Arlington, VA 22203. 

We will not accept e-mail or faxes. We 

will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Public Comments section below for 

more information). 

FOR FURTHER INFORMATION CONTACT: Ron 

W. Kokel, Division of Migratory Bird 

Management, U.S. Fish and Wildlife 

Service, (703) 358–1714. 

SUPPLEMENTARY INFORMATION: In the 

April 10, 2009, Federal Register (74 FR 

16339), we requested proposals from 

Indian Tribes wishing to establish 

special migratory bird hunting 

regulations for the 2009–10 hunting 

season, under the guidelines described 

in the June 4, 1985, Federal Register (50 

FR 23467). In this supplemental 

proposed rule, we propose special 

migratory bird hunting regulations for 

29 Indian Tribes, based on the input we 

received in response to the April 10, 

2009, proposed rule. As described in 

that proposed rule, the promulgation of 

annual migratory bird hunting 

regulations involves a series of 

rulemaking actions each year. This 

proposed rule is part of that series. 

We developed the guidelines for 

establishing special migratory bird 

hunting regulations for Indian Tribes in 

response to Tribal requests for 

recognition of their reserved hunting 

rights and, for some Tribes, recognition 

of their authority to regulate hunting by 

both Tribal and nontribal hunters on 

their reservations. The guidelines 

include possibilities for: 

(1) On-reservation hunting by both 

Tribal and nontribal hunters, with 

hunting by nontribal hunters 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 the 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 to 

September 1 closed season mandated by 

the 1916 Convention between the 

United States and Great Britain (for 

Canada) for the Protection of Migratory 

Birds (Treaty). The guidelines apply to 

those Tribes having recognized reserved 

hunting rights on Federal Indian 

reservations (including off-reservation 

trust lands) and on ceded lands. They 

also apply to establishing migratory bird 

hunting regulations for nontribal 

hunters on all lands within the exterior 

boundaries of reservations where Tribes 

have full wildlife management authority 

over such hunting or where the Tribes 

and affected States otherwise have 

reached agreement over hunting by 

nontribal hunters on lands owned by 

non-Indians within the reservation. 

Tribes usually have the authority to 

regulate migratory bird hunting by 

nonmembers on Indian-owned 

reservation lands, subject to Service 

approval. The question of jurisdiction is 

more complex on reservations that 

include lands owned by non-Indians, 

especially when the surrounding States 

have established or intend to establish 

regulations governing hunting by nonIndians on these lands. In such cases, 

we encourage the Tribes and States to 

reach agreement on regulations that 

would apply throughout the 

reservations. When appropriate, we will 

consult with a Tribe and State with the 

aim of facilitating an accord. We also 

will consult jointly with Tribal and 

State officials in the affected States 

where Tribes wish to establish special 

hunting regulations for Tribal members 

on ceded lands. Because of past 

questions regarding interpretation of 

what events trigger the consultation 

process, as well as who initiates it, we 

provide the following clarification. We 

routinely provide copies of Federal 

Register publications pertaining to 

migratory bird management to all State 

Directors, Tribes, and other interested 

parties. It is the responsibility of the 

States, Tribes, and others to notify us of 

any concern regarding any feature(s) of 

any regulations. When we receive such 

notification, we will initiate 

consultation. 

Our guidelines provide for the 

continued harvest of waterfowl and 

other migratory game birds by Tribal 

members on reservations where such 

harvest has been a customary practice. 

We do not oppose this harvest, provided 

it does not take place during the closed 

season defined by the Treaty, and does 

not adversely affect the status of the 

migratory bird resource. Before 

developing the guidelines, we reviewed 

available information on the current 

status of migratory bird populations, 

reviewed the current status of migratory 

bird hunting on Federal Indian 

reservations, and evaluated the potential 

impact of such guidelines on migratory 

birds. We concluded that the impact of 

migratory bird harvest by Tribal 

members hunting on their reservations 

is minimal. 

One area of interest in Indian 

migratory bird hunting regulations 

relates to hunting seasons for nontribal 

hunters on dates that are within Federal 

frameworks, but which are different 

from those established by the State(s) 


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where the reservation is located. A large 

influx of nontribal hunters onto a 

reservation at a time when the season is 

closed in the surrounding State(s) could 

result in adverse population impacts on 

one or more migratory bird species. The 

guidelines make this unlikely, however, 

because Tribal proposals must include: 

(a) Harvest anticipated under the 

requested regulations; (b) methods that 

will be employed to measure or monitor 

harvest (such as bag checks, mail 

questionnaires, etc.); (c) steps that will 

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. We may modify regulations 

or establish experimental special hunts, 

after evaluation and confirmation of 

harvest information obtained by the 

Tribes. 

We believe the guidelines provide 

appropriate opportunity to 

accommodate the reserved hunting 

rights and management authority of 

Indian Tribes while ensuring that the 

migratory bird resource receives 

necessary protection. The conservation 

of this important international resource 

is paramount. The guidelines should not 

be viewed as inflexible. In this regard, 

we note that they have been employed 

successfully since 1985. We believe they 

have been tested adequately and, 

therefore, we made them final beginning 

with the 1988–89 hunting season. We 

should stress here, however, that use of 

the guidelines is not mandatory and no 

action is required if a Tribe wishes to 

observe the hunting regulations 

established by the State(s) in which the 

reservation is located. 

Service Migratory Bird Regulations 

Committee Meetings 

Participants at the June 24–25, 2009, 

meetings reviewed information on the 

current status of migratory shore and 

upland game birds and developed 2009– 

10 migratory game bird regulation 

recommendations for these species plus 

regulations for migratory game birds in 

Alaska, Puerto Rico, and the U.S. Virgin 

Islands; special September waterfowl 

seasons in designated States; special sea 

duck seasons in the Atlantic Flyway; 

and extended falconry seasons. In 

addition, we reviewed and discussed 

preliminary information on the status of 

waterfowl. Participants at the previously 

announced July 29–30, 2009, meetings 

reviewed information on the current 

status of waterfowl and developed 

recommendations for the 2009–10 

regulations pertaining to regular 

waterfowl seasons and other species and 

seasons not previously discussed at the 

early-season meetings. In accordance 

with Department of the Interior policy, 

these meetings were open to public 

observation and you may submit 

comments to the Service as discussed in 

the Public Comments section below. 

Population Status and Harvest 

The following paragraphs provide 

preliminary information on the status of 

waterfowl and information on the status 

and harvest of migratory shore and 

upland game birds excerpted from 

various reports. For more detailed 

information on methodologies and 

results, you may obtain complete copies 

of the various reports at the address 

indicated under FOR FURTHER

INFORMATION CONTACT or from our Web 

site at http://www.fws.gov/ 

migratorybirds/ 

NewsPublicationsReports.html. 

Waterfowl Breeding and Habitat Survey 

Federal, provincial, and State 

agencies conduct surveys each spring to 

estimate the size of breeding 

populations and to evaluate the 

conditions of the habitats. These 

surveys are conducted using fixed-wing 

aircraft, helicopters, and ground crews 

and encompass principal breeding areas 

of North America, covering an area over 

2.0 million square miles. The traditional 

survey area comprises Alaska, Canada, 

and the northcentral United States, and 

includes approximately 1.3 million 

square miles. The eastern survey area 

includes parts of Ontario, Quebec, 

Labrador, Newfoundland, Nova Scotia, 

Prince Edward Island, New Brunswick, 

New York, and Maine, an area of 

approximately 0.7 million square miles. 

Overall, habitat conditions were 

characterized as near normal for most of 

the traditional survey area during the 

2009 Waterfowl Breeding Population 

and Habitat Survey, with greatly 

improved wetlands conditions in 

portions of the prairies. Adequate 

moisture and good habitat conditions 

characterized much of the eastern 

survey area. The northernmost survey 

areas in both the traditional and eastern 

survey areas experienced an extremely 

late spring. 

Traditional Survey Area (U.S. and 

Canadian Prairies) 

Major improvements in wetlands 

conditions occurred across much of the 

traditional survey area in 2009. The 

prairie pothole region of southern 

Manitoba, most of the Dakotas and 

eastern Montana benefitted primarily 

from above average fall and winter 

precipitation. These areas were 

classified as good to excellent, with 

mostly fair habitat conditions confined 

to west-central Montana and 

southeastern South Dakota. Above 

average precipitation improved 

wetlands conditions in the southern 

grasslands of Saskatchewan but the 

habitats along the Alberta and 

Saskatchewan border are suffering 

under drought conditions. 

The parklands continued to receive 

below normal precipitation in 2009. 

Fortunately, habitat conditions remain 

classified as fair to good because of the 

holdover water that resulted during the 

extremely wet year in 2007. 

Bush (Alaska, Northern Manitoba, 

Northern Saskatchewan, Northwest 

Territories, Yukon Territory, Western 

Ontario) 

In the boreal forest, spring breakup 

was extremely late over most of the 

survey area in 2009. Most large lakes 

remained frozen into early June. Many 

smaller wetland habitats, such as beaver 

ponds, were open during the survey and 

those in northern Alberta and into the 

Northwest Territories were rated as 

good. Habitat conditions were drier 

across northern Saskatchewan and 

Manitoba but improved nearer to 

Hudson Bay. The majority of Alaska was 

rated as good. 

Eastern Survey Area 

From Maine through most of the 

Maritimes, an above average snowfall 

was experienced and average spring 

temperatures were recorded, resulting in 

fully charged wetlands with little 

flooding, which is in contrast to 

flooding in 2008. Despite below average 

snowfall and winter temperatures for 

Newfoundland and Labrador, habitat 

conditions are rated as fair to excellent, 

with poorer conditions found at higher 

elevation habitat. Through New York 

and much of Quebec and Ontario, 

generally good to excellent waterfowl 

habitat exists but a series of major 

storms during mid-May in southwest 

Ontario could hamper production 

because of flooding. The Nickel and 

Clay belts of east-central Ontario and 

points farther west were supporting 

good habitat at the time of the survey 

following average winter and spring 

precipitation. Good habitat conditions 

remained moving farther north but 

deteriorated approaching the James and 

Hudson Bay lowlands due to deep 

snows and a very late spring, while 

lowland habitats on the Quebec side 

were much drier than normal. 

Status of Teal 

The estimate of blue-winged teal 

numbers from the Traditional Survey 

Area is 7.4 million. This represents an 


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11.0 percent increase from 2008 and is 

60 percent above the 1955–2008 

average. 

Sandhill Cranes 

Compared to increases recorded in the 

1970s, annual indices to abundance of 

the Mid-Continent Population (MCP) of 

sandhill cranes have been relatively 

stable since the early 1980s. The Central 

Platte River Valley, Nebraska, spring 

index for 2009, uncorrected for visibility 

bias, was 460,000 sandhill cranes. The 

photo-corrected, 3-year average for 

2006–08 was 382,271, which is within 

the established population-objective 

range of 349,000–472,000 cranes. 

All Central Flyway States, except 

Nebraska, allowed crane hunting in 

portions of their States during 2008–09. 

An estimated 10,293 hunters 

participated in these seasons, which 

was similar to the number that 

participated in the previous season. 

Hunters harvested a record-high 22,989 

MCP cranes in the U.S. portion of the 

Central Flyway during the 2008–09 

seasons, which was 24 percent higher 

than the estimated harvest for the 

previous year. The retrieved harvest of 

MCP cranes in hunt areas outside of the 

Central Flyway (Arizona, Pacific Flyway 

portion of New Mexico, Alaska, Canada, 

and Mexico combined) was 15,024 

during 2008–09. The preliminary 

estimate for the North American MCP 

sport harvest, including crippling 

losses, was 42,536 birds, which was a 

record high and is 7 percent higher than 

the previous year’s estimate. The longterm (1982–2004) trends for the MCP 

indicate that harvest has been increasing 

at a higher rate than population growth. 

The fall 2008 pre-migration survey for 

the Rocky Mountain Population (RMP) 

resulted in a count of 21,156 cranes. The 

3-year average for 2005, 2007, and 2008 

(no survey was conducted in 2006) was 

21,614 sandhill cranes, which is above 

the established population objective of 

17,000–21,000 for the RMP. Hunting 

seasons during 2008–09 in portions of 

Arizona, Idaho, Montana, New Mexico, 

Utah, and Wyoming resulted in a 

record-high harvest of 936 RMP cranes, 

a 14 percent increase from the harvest 

of 820 in 2007–08. The Lower Colorado 

River Valley Population (LCRVP) survey 

results indicate an increase from 1,900 

birds in 1998 to 2,401 birds in 2009. The 

3-year average of 2,981 LCRVP cranes is 

based on counts from 2006, 2007 and 

2009 (survey was not complete in 2008) 

and is above the population objective of 

2,500. 

Woodcock 

Singing-ground and Wing-collection 

Surveys were conducted to assess the 

population status of the American 

woodcock (Scolopax minor). The 

Singing-ground Survey is intended to 

measure long-term changes in woodcock 

population levels. Singing-ground 

Survey data for 2009 indicate that the 

number of displaying woodcock in the 

Eastern and Central Management 

Regions was unchanged from 2008. 

There was no significant 10-year trend 

in woodcock heard in both management 

regions during 1999–2009. This 

represents the sixth consecutive year 

that the 10-year trend estimate for the 

Eastern Region did not indicate a 

significant decline. The 10-year trend in 

the Central Region returned to stability 

after showing a significant decline last 

year. There were long-term (1968–2009) 

declines of 1.1 percent per year in both 

management regions. 

Wing-collection Survey data indicate 

that the 2008 recruitment index for the 

U.S. portion of the Eastern Region (1.8 

immatures per adult female) was 11 

percent higher than the 2007 index, and 

8 percent higher than the long-term 

average. The recruitment index for the 

U.S. portion of the Central Region (1.6 

immatures per adult female) was 6 

percent higher than the 2007 index and 

1 percent below the long-term average. 

Band-tailed Pigeons and Doves 

Information on the abundance and 

harvest of band-tailed pigeons is 

collected annually in the western 

United States and British Columbia. 

Annual counts of Interior band-tailed 

pigeons seen and heard per route have 

not changed significantly since 

implementation of the Breeding Bird 

Survey (BBS) in 1966; however, they 

decreased significantly over the last 10 

years. The 2008 harvest was estimated 

to be 4,700 birds. For Pacific Coast 

band-tailed pigeons, annual BBS counts 

of birds seen and heard per route have 

not changed significantly since 1966, 

but they have increased significantly 

over the last 10 years. According to the 

Pacific Coast Mineral Site Survey, 

annual counts of Pacific Coast bandtailed pigeons seen at each mineral site 

have increased significantly since the 

survey was experimentally 

implemented in 2001, but counts over 

the last 5 years appear stable. The 2008 

estimate of harvest was 30,200 birds. 

The status report summarizes 

information on the abundance and 

harvest of mourning doves collected 

annually in the United States. The focus 

is on results from the Mourning Dove 

Call-count Survey, but also includes 

results from the BBS and Migratory Bird 

Harvest Information Program. According 

to the Call-count survey, over the most 

recent 10 years (2000–09), there was no 

significant trend in doves heard for 

either the Eastern or Western 

Management Units while the Central 

Unit declined significantly. Over the 44- 

year period (1966–2009), there was no 

significant change in doves heard for the 

Eastern Unit while the Central and 

Western Units declined significantly. 

Based on the mean number of doves 

seen per route, however, there was no 

significant change for any of the three 

Management Units during the recent 10- 

year period. Over 44 years, there was no 

change in doves seen for the Eastern and 

Central Units while the Western Unit 

declined significantly. The preliminary 

2008 harvest estimate for the United 

States was 17,402,400 doves. A banding 

program is underway to obtain current 

information in order to develop 

mourning dove population models for 

each Management Unit to provide 

guidance for improving our decisionmaking process with respect to harvest 

management. 

The two key States with a whitewinged dove population are Arizona 

and Texas. California and New Mexico 

have much smaller populations. 

The Arizona Game and Fish 

Department (AGFD) has monitored 

white-winged dove populations by 

means of a call-count survey to provide 

an annual index to population size. It 

runs concurrently with the Service’s 

Mourning Dove Call-count Survey. The 

index peaked at 52.3 mean number 

doves heard per route in 1968, but fell 

precipitously in the late 1970s. The 

index has stabilized to around 25 doves 

per route in the last few years; in 2009, 

the mean number of doves heard per 

route was 27.9. AGFD also monitors 

harvest. Harvest during the 15-day 

season (September 1–15) peaked in the 

late 1960s at approximately 740,000 

birds (1968 AGFD estimate) and has 

since stabilized at around 100,000 birds; 

the preliminary 2008 Migratory Bird 

Harvest Information Program (HIP) 

estimate of harvest was 95,300 birds. In 

2007, AGFD redesigned their dove 

harvest survey to sample only from 

hunters registered under HIP so that 

results from the AGFD survey would be 

comparable to those from HIP. The 

preliminary 2008 Arizona harvest 

estimate was 79,488. 

In Texas, white-winged doves 

continue to expand their breeding range. 

Nesting by whitewings has been 

recorded in most counties, except for 

the northeastern part of the State. 

Nesting is essentially confined to urban 

areas, but appears to be expanding to 

exurban areas. Concomitant with this 

range expansion has been a continuing 

increase in whitewing abundance. A 

new DISTANCE sampling protocol was 


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implemented for central and south 

Texas for 2007, and expanded in 2008 

so that coverage is almost Statewide. 

Once fully implemented, biologists 

should have the ability to obtain a good 

estimate of white-winged dove 

abundance in Texas. While 2008 and 

2009 data are not available at this time, 

2007 surveys indicated an estimated 

abundance throughout surveyed areas 

(representing about 20 percent of the 

State) of about 2,300,000 whitewings. 

Total Statewide harvest has averaged 

about 2 million birds annually. 

The Texas Parks and Wildlife 

Department is working to improve 

management of white-winged doves in 

Texas in the following ways: (1) 

Expanding current surveys of spring 

populations to encompass areas 

throughout the State that now have 

breeding populations; (2) Completing 

the Tamaulipas-Texas White-winged 

Dove Strategic Plan so that there are 

consistent and comparable harvest 

management strategies, surveys, 

research, and data collection across the 

breeding range of the species; (3) 

Expanding operational banding in 2009 

that was begun in 2007 to derive 

estimates of survival and harvest rates; 

(4) Implementing a wing-collection 

survey for recruitment rates in lieu of 

the feeding flight and production 

surveys; (5) Estimating probability of 

detection for more accurate estimates of 

breeding populations within urban 

environments; and (6) Evaluating and 

estimating reproductive success in 

urban areas to better estimate 

population increases. 

In California, BBS data (although 

imprecise due to a small sample size) 

indicate that there has been a significant 

increase in the population between 1968 

and 2008. According to HIP surveys, the 

preliminary harvest estimate for 2008 

was 83,300. In New Mexico, BBS data 

(very imprecise due to a small sample 

size) also showed a significant increase 

over the long term. In 2008, the 

estimated harvest was 49,100. 

White-tipped doves are believed to be 

maintaining a relatively stable 

population in the Lower Rio Grande 

Valley (LRGV) of Texas. DISTANCE 

sampling procedures in the LRGV 

include whitetips. However, until the 

sampling frame includes rural Rio 

Grande corridor habitats, not many 

whitetips will be reported. Sampling 

frame issues are expected to be resolved 

by next year. However, annual whitetipped dove harvest during the special 

season is only averaging 3,000–4,000 

birds. 

Hunting Season Proposals From Indian 

Tribes and Organizations 

For the 2009–10 hunting season, we 

received requests from 29 Tribes and 

Indian organizations. We actively solicit 

regulatory proposals from other Tribal 

groups that are interested in working 

cooperatively for the benefit of 

waterfowl and other migratory game 

birds. We encourage Tribes to work with 

us to develop agreements for 

management of migratory bird resources 

on Tribal lands. 

It should be noted that this proposed 

rule includes generalized regulations for 

both early- and late-season hunting. A 

final rule will be published in a lateAugust 2009 Federal Register that will 

include Tribal regulations for the earlyhunting season. Early seasons generally 

begin around September 1 each year and 

most commonly include such species as 

American woodcock, sandhill cranes, 

mourning doves, and white-winged 

doves. Late seasons generally begin on 

or around September 24 and most 

commonly include waterfowl species. 

In this current rulemaking, because of 

the compressed timeframe for 

establishing regulations for Indian 

Tribes and because final framework 

dates and other specific information are 

not available, the regulations for many 

Tribal hunting seasons are described in 

relation to the season dates, season 

length, and limits that will be permitted 

when final Federal frameworks are 

announced for early- and late-season 

regulations. For example, daily bag and 

possession limits for ducks on some 

areas are shown as the same as 

permitted in Pacific Flyway States 

under final Federal frameworks, and 

limits for geese will be shown as the 

same permitted by the State(s) in which 

the Tribal hunting area is located. 

The proposed frameworks for earlyseason regulations were published in 

the Federal Register on July 24, 2009 

(74 FR 43290); early-season final 

frameworks will be published in late 

August. Proposed late-season 

frameworks for waterfowl and coots will 

be published in mid-August, and the 

final frameworks for the late seasons 

will be published in mid-September. We 

will notify affected Tribes of season 

dates, bag limits, etc., as soon as final 

frameworks are established. As 

previously discussed, no action is 

required by Tribes wishing to observe 

migratory bird hunting regulations 

established by the State(s) where they 

are located. The proposed regulations 

for the 29 Tribes that have submitted 

proposals that meet the established 

criteria are shown below. 

(a) Colorado River Indian Tribes, 

Colorado River Indian Reservation, 

Parker, Arizona (Tribal Members and 

Nontribal Hunters) 

The Colorado River Indian 

Reservation is located in Arizona and 

California. The Tribes own almost all 

lands on the reservation, and have full 

wildlife management authority. 

In their 2009–10 proposal, the 

Colorado River Indian Tribes requested 

split dove seasons. They propose that 

their early season begin September 1 

and end September 15, 2009. Daily bag 

limits would be 10 mourning or whitewinged doves in the aggregate. The late 

season for doves is proposed to open 

November 14, 2009, and close December 

28, 2009. The daily bag limit would be 

10 mourning doves. The possession 

limit would be twice the daily bag limit 

after the first day of the season. 

Shooting hours would be from one-half 

hour before sunrise to noon in the early 

season and until sunset in the late 

season. Other special Tribally set 

regulations would apply. 

The Tribes also propose duck hunting 

seasons. The season would open 

October 10, 2009, and run until January 

24, 2010. The Tribes propose the same 

season dates for mergansers, coots, and 

common moorhens. The daily bag limit 

for ducks, including mergansers, would 

be seven, except that the daily bag limits 

could contain no more than two hen 

mallards, two redheads, two Mexican 

ducks, two goldeneye, three scaup, one 

pintail, and two cinnamon teal. The 

season on canvasback is closed. The 

possession limit would be twice the 

daily bag limit after the first day of the 

season. The daily bag and possession 

limit for coots and common moorhens 

would be 25, singly or in the aggregate. 

For geese, the Colorado River Indian 

Tribes propose a season of October 17, 

2009, through January 24, 2010. The 

daily bag limit for geese would be three 

light geese and three dark geese. The 

possession limit would be six light 

geese and six dark geese after opening 

day. 

In 1996, the Tribes conducted a 

detailed assessment of dove hunting. 

Results showed approximately 16,100 

mourning doves and 13,600 whitewinged doves were harvested by 

approximately 2,660 hunters who 

averaged 1.45 hunter-days. Field 

observations and permit sales indicate 

that fewer than 200 hunters participate 

in waterfowl seasons. Under the 

proposed regulations described here 

and, based upon past seasons, we and 

the Tribes estimate harvest will be 

similar. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
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Hunters must have a valid Colorado 

River Indian Reservation hunting permit 

and a Federal Migratory Bird Stamp in 

their possession while hunting. Other 

special Tribally set regulations would 

apply. As in the past, the regulations 

would apply both to Tribal and 

nontribal hunters, and nontoxic shot is 

required for waterfowl hunting. 

We propose to approve the Colorado 

River Indian Tribes regulations for the 

2009–10 hunting season, given the 

seasons dates fall within final flyway 

frameworks (applies to nontribal 

hunters only). 

(b) Confederated Salish and Kootenai 

Tribes, Flathead Indian Reservation, 

Pablo, Montana (Tribal and Nontribal 

Hunters) 

For the past several years, the 

Confederated Salish and Kootenai 

Tribes and the State of Montana have 

entered into cooperative agreements for 

the regulation of hunting on the 

Flathead Indian Reservation. The State 

and the Tribes are currently operating 

under a cooperative agreement signed in 

1990 that addresses fishing and hunting 

management and regulation issues of 

mutual concern. This agreement enables 

all hunters to utilize waterfowl hunting 

opportunities on the reservation. 

As in the past, Tribal regulations for 

nontribal hunters would be at least as 

restrictive as those established for the 

Pacific Flyway portion of Montana. 

Goose season dates would also be at 

least as restrictive as those established 

for the Pacific Flyway portion of 

Montana. Shooting hours for waterfowl 

hunting on the Flathead Reservation are 

sunrise to sunset. Steel shot or other 

Federally approved nontoxic shots are 

the only legal shotgun loads on the 

reservation for waterfowl or other game 

birds. 

For Tribal members, the Tribe 

proposes outside frameworks for ducks 

and geese of September 1, 2009, through 

March 9, 2010. Daily bag and possession 

limits were not proposed for Tribal 

members. 

The requested season dates and bag 

limits are similar to past regulations. 

Harvest levels are not expected to 

change significantly. Standardized 

check station data from the 1993–94 and 

1994–95 hunting seasons indicated no 

significant changes in harvest levels and 

that the large majority of the harvest is 

by nontribal hunters. 

We propose to approve the Tribes’ 

request for special migratory bird 

regulations for the 2009–10 hunting 

season. 

(c) Fond du Lac Band of Lake Superior 

Chippewa Indians, Cloquet, Minnesota 

(Tribal Members Only) 

Since 1996, the Service and the Fond 

du Lac Band of Lake Superior Chippewa 

Indians have cooperated to establish 

special migratory bird hunting 

regulations for Tribal members. The 

Fond du Lac’s May 19, 2009, proposal 

covers land set apart for the band under 

the Treaties of 1837 and 1854 in 

northeast and east-central Minnesota. 

The band’s proposal for 2009–10 is 

essentially the same as that approved 

last year except the Tribe has separate 

regulations for the 1854 and 1837 ceded 

territories and reservation lands. The 

proposed 2009–10 waterfowl hunting 

season regulations for Fond du Lac are 

as follows: 

Ducks 

A. 1854 and 1837 Ceded Territories 

Season Dates: Begin September 19 

and end November 29, 2009. 

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. 

B. Reservation 

Season Dates: Begin September 5 and 

end November 29, 2009. 

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 

A. 1854 and 1837 Ceded Territories 

Season Dates: Begin September 19 

and end November 29, 2009. 

Daily Bag Limit: 15 mergansers, 

including no more than 6 hooded 

mergansers. 

B. Reservation 

Season Dates: Begin September 5 and 

end November 29, 2009. 

Daily Bag Limit: 10 mergansers, 

including no more than 4 hooded 

mergansers. 

Canada Geese 

All Areas 

Season Dates: Begin September 1 and 

end November 29, 2009. 

Daily Bag Limit: 20 geese. 

Coots and Common Moorhens (Common 

Gallinules) 

A. 1854 and 1837 Ceded Territories 

Season Dates: Begin September 19 

and end November 29, 2009. 

Daily Bag Limit: 20 coots and 

common moorhens, singly or in the 

aggregate. 

B. Reservation 

Season Dates: Begin September 5 and 

end November 29, 2009. 

Daily Bag Limit: 20 coots and 

common moorhens, singly or in the 

aggregate. 

Sora and Virginia Rails 

A. 1854 and 1837 Ceded Territories 

Season Dates: Begin September 1 and 

end November 29, 2009. 

Daily Bag Limit: 25 sora and Virginia 

rails, singly or in the aggregate. 

B. Reservation 

Season Dates: Begin September 1 and 

end December 2, 2009. 

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 29, 2009. 

Daily Bag Limit: Eight common snipe. 

Woodcock 

All Areas 

Season Dates: Begin September 1 and 

end November 29, 2009. 

Daily Bag Limit: Three woodcock. 

Mourning Dove 

All Areas 

Season Dates: Begin September 1 and 

end October 30, 2009. 

Daily Bag Limit: 30 mourning dove. 

The following general conditions 

apply: 

1. While hunting waterfowl, a Tribal 

member must carry on his/her person a 

valid Ceded Territory License. 

2. Shooting hours for migratory birds 

are one-half hour before sunrise to onehalf hour after sunset. 

3. 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. Except as modified by the Service 

rules adopted in response to this 

proposal, these amended 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. 

4. Band members in each zone will 

comply with State regulations providing 

for closed and restricted waterfowl 

hunting areas. 

5. There are no possession limits on 

any species, unless otherwise noted 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Proposed Rules 40143 

above. For purposes of enforcing bag 

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 onreservation. All migratory birds that fall 

on reservation lands will not count as 

part of any off-reservation bag or 

possession limit. 

The band anticipates harvest will be 

fewer than 500 ducks and geese. 

We propose to approve the request for 

special migratory bird hunting 

regulations for the Fond du Lac Band of 

Lake Superior Chippewa Indians. 

(d) Grand Traverse Band of Ottawa and 

Chippewa Indians, Suttons Bay, 

Michigan (Tribal Members Only) 

In the 1995–96 migratory bird 

seasons, the Grand Traverse Band of 

Ottawa and Chippewa Indians and the 

Service first cooperated to establish 

special regulations for waterfowl. The 

Grand Traverse Band is a self-governing, 

Federally recognized Tribe located on 

the west arm of Grand Traverse Bay in 

Leelanau County, Michigan. The Grand 

Traverse Band is a signatory Tribe of the 

Treaty of 1836. We have approved 

special regulations for Tribal members 

of the 1836 treaty’s signatory Tribes on 

ceded lands in Michigan since the 

1986–87 hunting season. 

For the 2009–10 season, the Tribe 

requests that the Tribal member duck 

season run from September 20, 2009, 

through January 18, 2010. A daily bag 

limit of 15 would include no more than 

3 pintail, 2 canvasback, 1 hooded 

merganser, 3 black ducks, 5 wood 

ducks, 3 redheads, and 7 mallards (only 

3 of which may be hens). 

For Canada and snow geese, the Tribe 

proposes a September 1 through 

November 30, 2009, and a January 1 

through February 8, 2010, season. For 

white-fronted geese and brant, the Tribe 

proposes a September 20 through 

November 30, 2009, season. The daily 

bag limit for Canada and snow geese 

would be 10 and the daily bag limit for 

white-fronted geese and including brant 

would be 5 birds. We further note that 

based on available data (of major goose 

migration routes), it is unlikely that any 

Canada geese from the Southern James 

Bay Population will be harvested by the 

Tribe. 

For woodcock, the Tribe proposes a 

September 1 through November 14, 

2009, season. The daily bag limit will 

not exceed five birds. For mourning 

doves, snipe, and rails, the Tribe 

proposes a September 1 through 

November 14, 2009, season. The daily 

bag limit would be 10 per species. 

All other Federal regulations 

contained in 50 CFR part 20 would 

apply. The Tribe proposes to monitor 

harvest closely through game bag 

checks, patrols, and mail surveys. 

Harvest surveys from the 2006–07 

hunting season indicated that 

approximately 15 Tribal hunters 

harvested an estimated 112 ducks and 

50 Canada geese. 

We propose to approve the Grand 

Traverse Band of Ottawa and Chippewa 

Indians requested 2009–10 special 

migratory bird hunting regulations. 

(e) Great Lakes Indian Fish and Wildlife 

Commission, Odanah, Wisconsin (Tribal 

Members Only) 

Since 1985, various bands of the Lake 

Superior Tribe of Chippewa Indians 

have exercised judicially recognized offreservation hunting rights for migratory 

birds in Wisconsin. The specific 

regulations were established by the 

Service in consultation with the 

Wisconsin Department of Natural 

Resources and the Great Lakes Indian 

Fish and Wildlife Commission 

(GLIFWC, which represents the various 

bands). Beginning in 1986, a Tribal 

season on ceded lands in the western 

portion of the State’s Upper Peninsula 

was developed in coordination with the 

Michigan Department of Natural 

Resources, and we have approved 

special regulations for Tribal members 

in both Michigan and Wisconsin since 

the 1986–87 hunting season. In 1987, 

the GLIFWC requested, and we 

approved, special regulations to permit 

Tribal members to hunt on ceded lands 

in Minnesota, as well as in Michigan 

and Wisconsin. The States of Michigan 

and Wisconsin originally concurred 

with the regulations, although 

Wisconsin has raised concerns in the 

past and Michigan now annually raises 

objections. Minnesota did not concur 

with the original regulations, stressing 

that the State would not recognize 

Chippewa Indian hunting rights in 

Minnesota’s treaty area until a court 

with jurisdiction over the State 

acknowledges and defines the extent of 

these rights. We acknowledge all of the 

States’ concerns, but point out that the 

U.S. Government has recognized the 

Indian hunting rights decided in the Lac 

Courte Oreilles v. State of Wisconsin 

(Voigt) case, and that acceptable hunting 

regulations have been negotiated 

successfully in both Michigan and 

Wisconsin even though the Voigt 

decision did not specifically address 

ceded land outside Wisconsin. We 

believe this is appropriate because the 

treaties in question cover ceded lands in 

Michigan (and Minnesota), as well as in 

Wisconsin. 

Consequently, in view of the above, 

we have approved special regulations 

since the 1987–88 hunting season on 

ceded lands in all three States. In fact, 

this recognition of the principle of 

reserved treaty rights for band members 

to hunt and fish was pivotal in our 

decision to approve a special 1991–92 

season for the 1836 ceded area in 

Michigan. 

For 2009, the GLIFWC proposed offreservation special migratory bird 

hunting regulations on behalf of the 

member Tribes of the Voigt Intertribal 

Task Force of the GLIFWC (for the 1837 

and 1842 Treaty areas) and the Bay 

Mills Indian Community (for the 1836 

Treaty area). Member Tribes of the Task 

Force are: The Bad River Band of the 

Lake Superior Tribe of Chippewa 

Indians, the Lac Courte Oreilles Band of 

Lake Superior Chippewa Indians, the 

Lac du Flambeau Band of Lake Superior 

Chippewa Indians, the Red Cliff Band of 

Lake Superior Chippewa Indians, the St. 

Croix Chippewa Indians of Wisconsin, 

the Sokaogon Chippewa Community 

(Mole Lake Band), all in Wisconsin; the 

Mille Lacs Band of Chippewa Indians in 

Minnesota; the Lac Vieux Desert Band 

of Chippewa Indians and the Keweenaw 

Bay Indian Community in Michigan. 

The GLIFWC 2009 proposal is 

generally similar to last year’s 

regulations, except that it includes 

minor season date adjustment to the 

woodcock season to keep the opening 

day after Labor Day. 

GLIFWC is still completing a 

waterfowl harvest survey for the 2008 

season; however, the Tribe expects 

harvest would likely remain below 

5,000 ducks and 1,000 geese, which is 

similar to anticipated levels in previous 

years. 

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. 

The proposed 2009–10 waterfowl 

hunting season regulations for GLIFWC 

are as follows: 


srobinson on DSKHWCL6B1PROD with PROPOSALS
40144 Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Proposed Rules 

Ducks 

A. Wisconsin and Minnesota 1837 and 

1842 Treaty Areas 

Season Dates: Begin September 15 

and end December 31, 2009. 

Daily Bag Limit: 30 ducks, including 

no more than 5 black ducks, 5 pintails, 

and 5 canvasbacks. 

B. Michigan 1836 Treaty Area 

Season Dates: Begin September 15 

and end December 31, 2009. 

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, 2009. 

Daily Bag Limit: 10 mergansers. 

Geese 

All Ceded Areas 

Season Dates: Begin September 1 and 

end December 31, 2009. In addition, any 

portion of the ceded territory that is 

open to State-licensed hunters for goose 

hunting outside of these dates will also 

be open concurrently for Tribal 

members. 

Daily Bag Limit: 20 geese in aggregate. 

Other Migratory Birds 

A. Coots and Common Moorhens 

(Common Gallinules) 

Season Dates: Begin September 15 

and end December 31, 2009. 

Daily Bag Limit: 20 coots and 

common moorhens (common 

gallinules), singly or in the aggregate. 

B. Sora and Virginia Rails 

Season Dates: Begin September 15 

and end December 31, 2009. 

Daily Bag Limit: 20, singly or in the 

aggregate. 

C. Common Snipe 

Season Dates: Begin September 15 

and end December 31, 2009. 

Daily Bag Limit: 16 common snipe. 

D. Woodcock 

Season Dates: Begin September 8 and 

end December 1, 2009. 

Daily Bag Limit: 10 woodcock. 

E. Mourning Dove 

1837 and 1842 Ceded Territories. 

Season Dates: Begin September 1 and 

end November 9, 2009. 

Daily Bag Limit: 15. 

General Conditions 

A. All Tribal members will be 

required to obtain a valid Tribal 

waterfowl hunting permit. 

B. Except as otherwise noted, Tribal 

members will be required to comply 

with Tribal codes that will be no less 

restrictive than the model ceded 

territory conservation codes approved 

by Federal courts in the Lac Courte 

Oreilles v. State of Wisconsin (Voigt) 

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. 

C. Particular regulations of note 

include: 

1. Nontoxic shot will be required for 

all off-reservation waterfowl hunting by 

Tribal members. 

2. Tribal members in each zone will 

comply with Tribal regulations 

providing for closed and restricted 

waterfowl hunting areas. These 

regulations generally incorporate the 

same restrictions contained in parallel 

State regulations. 

3. 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. 

4. The baiting restrictions included in 

the respective sections 10.05(2)(h) of the 

model ceded territory conservation 

codes will be amended to include 

language which parallels that in place 

for nontribal members as published at 

64 FR 29799, June 3, 1999. 

5. The shell limit restrictions 

included in the respective sections 

10.05(2)(b) of the model ceded territory 

conservation codes will be removed. 

6. Hunting hours shall be from a half 

hour before sunrise to 15 minutes after 

sunset. 

D. 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. 

We propose to approve the GLIFWC 

regulations for the 2009–10 hunting 

season. 

(f) Jicarilla Apache Tribe, Jicarilla 

Indian Reservation, Dulce, New Mexico 

(Tribal Members and Nontribal Hunters) 

The Jicarilla Apache Tribe has had 

special migratory bird hunting 

regulations for Tribal members and 

nonmembers since the 1986–87 hunting 

season. The Tribe owns all lands on the 

reservation and has recognized full 

wildlife management authority. In 

general, the proposed seasons would be 

more conservative than allowed by the 

Federal frameworks of last season and 

by States in the Pacific Flyway. 

The Tribe proposed a 2009–10 

waterfowl and Canada goose season 

beginning October 10, 2009, and a 

closing date of November 30, 2009. 

Daily bag and possession limits for 

waterfowl would be the same as Pacific 

Flyway States. The Tribe proposes a 

daily bag limit for Canada geese of two. 

Other regulations specific to the Pacific 

Flyway guidelines for New Mexico 

would be in effect. 

During the Jicarilla Game and Fish 

Department’s 2008–09 season, estimated 

duck harvest was 548, which is within 

the historical harvest range. The species 

composition in the past has included 

mainly mallards, gadwall, wigeon, and 

teal. Northern pintail comprised 2 

percent of the total harvest in 2008. The 

estimated harvest of geese was 12 birds. 

The proposed regulations are 

essentially the same as were established 

last year. The Tribe anticipates the 

maximum 2009–10 waterfowl harvest 

would be around 550–600 ducks and 

25–30 geese. 

We propose to approve the Tribe’s 

requested 2009–10 hunting seasons. 

(g) Kalispel Tribe, Kalispel Reservation, 

Usk, Washington (Tribal Members and 

Nontribal Hunters) 

The Kalispel Reservation was 

established by Executive Order in 1914, 

and currently comprises approximately 

4,600 acres. The Tribe owns all 

Reservation land and has full 

management authority. The Kalispel 

Tribe has a fully developed wildlife 

program with hunting and fishing 

codes. The Tribe enjoys excellent 

wildlife management relations with the 

State. The Tribe and the State have an 

operational Memorandum of 

Understanding with emphasis on 

fisheries but also for wildlife. 

The nontribal member seasons 

described below pertain to a 176-acre 

waterfowl management unit and 800 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Proposed Rules 40145 

acres of reservation land with a guide 

for waterfowl hunting. The Tribe is 

utilizing this opportunity to rehabilitate 

an area that needs protection because of 

past land use practices, as well as to 

provide additional waterfowl hunting in 

the area. Beginning in 1996, the 

requested regulations also included a 

proposal for Kalispel-member-only 

migratory bird hunting on Kalispelceded lands within Washington, 

Montana, and Idaho. 

For the 2009–10 migratory bird 

hunting seasons, the Kalispel Tribe 

proposed Tribal and nontribal member 

waterfowl seasons. The Tribe requests 

that both duck and goose seasons open 

at the earliest possible date and close on 

the latest date under Federal 

frameworks. 

For nontribal hunters on reservation, 

the Tribe requests the seasons open at 

the earliest possible date and remain 

open, for the maximum amount of open 

days. Specifically, the Tribe requests 

that the season for ducks begin 

September 18, 2009, and end January 

31, 2010. In that period, nontribal 

hunters would be allowed to hunt 

approximately 101 days. Hunters should 

obtain further information on specific 

hunt days from the Kalispel Tribe. 

The Tribe also requests the season for 

geese run from September 1 to 

September 13, 2009, and from October 

2, 2009, to January 31, 2010. Total 

number of days should not exceed 107. 

Nontribal hunters should obtain further 

information on specific hunt days from 

the Tribe. Daily bag and possession 

limits would be the same as those for 

the State of Washington. 

The Tribe reports a 2007–08 nontribal 

harvest of 55 ducks. Under the proposal, 

the Tribe expects harvest to be similar 

to last year and less than 100 geese and 

200 ducks. 

All other State and Federal 

regulations contained in 50 CFR part 20, 

such as use of nontoxic shot and 

possession of a signed migratory bird 

hunting stamp, would be required. 

For Tribal members on Kalispel-ceded 

lands, the Kalispel propose season dates 

consistent with Federal flyway 

frameworks. Specifically, the Tribe 

requests outside frameworks for ducks 

of October 1, 2009, through January 31, 

2010, and geese of September 1, 2009, 

through January 31, 2010. The Tribe 

requests that both duck and goose 

seasons open at the earliest possible 

date and close on the latest date under 

Federal frameworks. During that period, 

the Tribe proposes that the season run 

continuously. Daily bag and possession 

limits would be concurrent with the 

Federal rule. 

The Tribe reports that there was no 

Tribal harvest. Under the proposal, the 

Tribe expects harvest to be less than 200 

birds for the season with less than 100 

geese. Tribal members would be 

required to possess a signed Federal 

migratory bird stamp and a Tribal ceded 

lands permit. 

We propose to approve the 

regulations requested by the Kalispel 

Tribe, provided that the nontribal 

seasons conform to Treaty limitations 

and final Federal frameworks for the 

Pacific Flyway. 

(h) Klamath Tribe, Chiloquin, Oregon 

(Tribal Members Only) 

The Klamath Tribe currently has no 

reservation, per se. However, the 

Klamath Tribe has reserved hunting, 

fishing, and gathering rights within its 

former reservation boundary. This area 

of former reservation, granted to the 

Klamaths by the Treaty of 1864, is over 

1 million acres. Tribal natural resource 

management authority is derived from 

the Treaty of 1864, and carried out 

cooperatively under the judicially 

enforced Consent Decree of 1981. The 

parties to this Consent Decree are the 

Federal Government, the State of 

Oregon, and the Klamaths. The Klamath 

Indian Game Commission sets the 

seasons. The Tribal biological staff and 

Tribal Regulatory Enforcement Officers 

monitor Tribal harvest by frequent bag 

checks and hunter interviews. 

For the 2009–10 season, the Tribe 

requests proposed season dates of 

October 1, 2009, through January 31, 

2010. Daily bag limits would be 9 for 

ducks, 9 for geese, and 25 for coot, with 

possession limits twice the daily bag 

limit. Shooting hours would be one-half 

hour before sunrise to one-half hour 

after sunset. Steel shot is required. 

Based on the number of birds 

produced in the Klamath Basin, this 

year’s harvest would be similar to last 

year’s. Information on Tribal harvest 

suggests that more than 70 percent of 

the annual goose harvest is local birds 

produced in the Klamath Basin. 

We propose to approve the Klamath 

Tribe’s requested 2009–10 special 

migratory bird hunting regulations. 

(i) Leech Lake Band of Ojibwe, Cass 

Lake, Minnesota (Tribal Members Only) 

The Leech Lake Band of Ojibwe is a 

Federally recognized Tribe located in 

Cass Lake, Minnesota. The reservation 

employs conservation officers to enforce 

conservation regulations. The Service 

and the Tribe have cooperatively 

established migratory bird hunting 

regulations since 2000. 

For the 2009–10 season, the Tribe 

requests a duck season starting on 

September 19 and ending December 31, 

2009, and a goose season to run from 

September 1 through December 31, 

2009. Daily bag limits for both ducks 

and geese would be 10. Possession 

limits would be twice the daily bag 

limit. Shooting hours are one-half hour 

before sunrise to one-half hour after 

sunset. 

The annual harvest by Tribal 

members on the Leech Lake Reservation 

is estimated at 500–1,000 birds. 

We propose to approve the Leech 

Lake Band of Ojibwe’s special migratory 

bird hunting season. 

(j) Little River Band of Ottawa Indians, 

Manistee, Michigan (Tribal Members 

Only) 

The Little River Band of Ottawa 

Indians is a self-governing, Federally 

recognized Tribe located in Manistee, 

Michigan, and a signatory Tribe of the 

Treaty of 1836. We have approved 

special regulations for Tribal members 

of the 1836 treaty’s signatory Tribes on 

ceded lands in Michigan since the 

1986–87 hunting season. Ceded lands 

are located in Lake, Mason, Manistee, 

and Wexford Counties. The Band 

proposes the following regulations to 

govern the hunting of migratory birds by 

Tribal members within the 1836 Ceded 

Territory as well as on the Band’s 

Reservation. 

For the 2009–10 season, we assume 

the Little River Band of Ottawa Indians 

would propose a duck and merganser 

season from September 15, 2009, 

through January 20, 2010. A daily bag 

limit of 12 ducks would include no 

more than 2 pintail, 2 canvasback, 3 

black duck, 3 wood ducks, 3 redheads, 

6 mallards (only 2 of which may be a 

hen), and 1 hooded merganser. 

Possession limits would be twice the 

daily bag limit. 

For white-fronted geese, snow geese, 

and brant, the Tribe usually proposes a 

September 20 through November 30, 

2009, season. Daily bag limits would be 

five geese. 

For Canada geese only, the Tribe 

usually proposes a September 1, 2009, 

through February 8, 2010, season with 

a daily bag limit of five Canada geese. 

The possession limit would be twice the 

daily bag limit. 

For snipe, woodcock, rails, and 

mourning doves, the Tribe usually 

proposes a September 1 to November 

14, 2009, season. The daily bag limit 

would be 10 common snipe, 5 

woodcock, 10 rails, and 10 mourning 

doves. Possession limits for all species 

would be twice the daily bag limit. 

The Tribe monitored harvest through 

mail surveys. General Conditions were 

as follows: 


srobinson on DSKHWCL6B1PROD with PROPOSALS
40146 Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Proposed Rules 

A. All Tribal members will be 

required to obtain a valid Tribal 

resource card and 2009–10 hunting 

license. 

B. 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. 

C. Particular regulations of note 

include: 

(1) Nontoxic shot will be required for 

all waterfowl hunting by Tribal 

members. 

(2) Tribal members in each zone will 

comply with Tribal regulations 

providing for closed and restricted 

waterfowl hunting areas. These 

regulations generally incorporate the 

same restrictions contained in parallel 

State regulations. 

D. Tribal members hunting in 

Michigan will comply with Tribal codes 

that contain provisions parallel to 

Michigan law regarding duck blinds and 

decoys. 

We plan to approve Little River Band 

of Ottawa Indians’ special migratory 

bird hunting seasons upon receipt of 

their proposal based on the provisions 

described above. 

(k) The Little Traverse Bay Bands of 

Odawa Indians, Petoskey, Michigan 

(Tribal Members Only) 

The Little Traverse Bay Bands of 

Odawa Indians is a self-governing, 

Federally recognized Tribe located in 

Petoskey, Michigan, and a signatory 

Tribe of the Treaty of 1836. We have 

approved special regulations for Tribal 

members of the 1836 treaty’s signatory 

Tribes on ceded lands in Michigan since 

the 1986–87 hunting season. 

For the 2009–10 season, the Little 

Traverse Bay Bands of Odawa Indians 

propose regulations similar to those of 

other Tribes in the 1836 treaty area. The 

Tribal member duck, merganser, coot, 

and gallinule season would run from 

September 15, 2009, through December 

31, 2009. A daily bag limit of 20 would 

include no more than 5 pintail, 5 

canvasback, 5 hooded merganser, 5 

black ducks, 5 wood ducks, and 5 

redheads. 

For Canada geese, the Tribe proposes 

a September 1, 2009, through February 

8, 2010, season. The daily bag limit for 

Canada geese would be 20 birds. We 

further note that based on available data 

(of major goose migration routes), it is 

unlikely that any Canada geese from the 

Southern James Bay Population would 

be harvested by the Tribe. Possession 

limits are twice the daily bag limit. 

For woodcock, the Tribe proposes a 

September 1, 2009, to December 1, 2009, 

season. The daily bag limit will not 

exceed 10 birds. For snipe the Tribe 

proposes a September 1 to December 31, 

2009, season. The daily bag limit will 

not exceed 16 birds per species. For 

mourning doves, the Tribe proposes a 

September 1 to November 9, 2009, 

season. The daily bag limit will not 

exceed 15 birds per species. For Virginia 

and sora rail, the Tribe proposes a 

September 1 to December 31, 2009, 

season. The daily bag limit will not 

exceed 20 birds per species. For coots 

and gallinules, the Tribe proposes a 

September 1 to December 31, 2009, 

season. The daily bag limit will not 

exceed 20 birds per species. The 

possession limit will not exceed two 

days’ bag limit for all birds. 

All other Federal regulations 

contained in 50 CFR part 20 would 

apply. 

The Tribe proposes to monitor harvest 

closely through game bag checks, 

patrols, and mail surveys. In particular, 

the Tribe proposes monitoring the 

harvest of Southern James Bay Canada 

geese to assess any impacts of Tribal 

hunting on the population. 

We propose to approve the Little 

Traverse Bay Bands of Odawa Indians’ 

requested 2009–10 special migratory 

bird hunting regulations. 

(l) Lower Brule Sioux Tribe, Lower Brule 

Reservation, Lower Brule, South Dakota 

(Tribal Members and Nontribal Hunters) 

The Lower Brule Sioux Tribe first 

established Tribal migratory bird 

hunting regulations for the Lower Brule 

Reservation in 1994. The Lower Brule 

Reservation is about 214,000 acres in 

size and is located on and adjacent to 

the Missouri River, south of Pierre. Land 

ownership on the reservation is mixed, 

and until recently, the Lower Brule 

Tribe had full management authority 

over fish and wildlife via an MOA with 

the State of South Dakota. The MOA 

provided the Tribe jurisdiction over fish 

and wildlife on reservation lands, 

including deeded and Corps of 

Engineers-taken lands. For the 2009–10 

season, the two parties have come to an 

agreement that provides the public a 

clear understanding of the Lower Brule 

Sioux Wildlife Department license 

requirements and hunting season 

regulations. The Lower Brule 

Reservation waterfowl season is open to 

Tribal and nontribal hunters. 

For the 2009–10 migratory bird 

hunting season, the Lower Brule Sioux 

Tribe proposes a nontribal member 

duck, merganser, and coot season length 

of 97 days, or the maximum number of 

days allowed by Federal frameworks in 

the High Plains Management Unit for 

this season. The Tribe proposes a season 

from October 10, 2009, through January 

14, 2010. The daily bag limit would be 

five birds, including no more than five 

mallards (only one of which may be a 

hen), one pintail, two redheads, one 

canvasback, two wood ducks, two 

scaup, and one mottled duck. The daily 

bag limit for mergansers would be five, 

only one of which could be a hooded 

merganser. The daily bag limit for coots 

would be 15. Possession limits would be 

twice the daily bag limits. 

The Tribe’s proposed nontribal 

member Canada goose season would run 

from October 24, 2009, through 

February 7, 2010 (107-day season 

length), with a daily bag limit of three 

Canada geese. The Tribe’s proposed 

nontribal member white-fronted goose 

season would run from October 10, 

2009, through December 20, 2009, with 

a daily bag limit of two white-fronted 

geese. The Tribe’s proposed nontribal 

member light goose season would run 

from October 10, 2009, through January 

10, 2010, and February 26 through 

March 10, 2010. The light goose daily 

bag limit would be 20. Possession limits 

would be twice the daily bag limits. 

For Tribal members, the Lower Brule 

Sioux Tribe proposes a duck, merganser, 

and coot season from September 19, 

2009, through March 10, 2010. The 

daily bag limit would be five birds, 

including no more than five mallards 

(only one of which may be a hen), one 

pintail, two redheads, one canvasback, 

two wood ducks, two scaup, and one 

mottled duck. The daily bag limit for 

mergansers would be five, only two of 

which could be hooded mergansers. The 

daily bag limit for coots would be 15. 

Possession limits would be twice the 

daily bag limits. 

The Tribe’s proposed Canada goose 

season for Tribal members would run 

from October 10, 2009, through March 

10, 2010, with a daily bag limit of three 

Canada geese. The Tribe’s proposed 

white-fronted goose Tribal season 

would run from October 3, 2009, 

through March 10, 2010, with a daily 

bag limit of two white-fronted geese. 

The Tribe’s proposed light goose Tribal 

season would run from October 10, 

2009, through March 10, 2010. The light 

goose daily bag limit would be 20. 

Possession limits would be twice the 

daily bag limits. 

In the 2007–08 season, hunters 

harvested an estimated 810 geese and 

550 ducks. In the 2007–08 season, duck 

harvest species composition was 

primarily mallard (88 percent), gadwall 

(5 percent), green-winged teal (3 

percent), blue-winged teal (1 percent), 

and wigeon (2 percent). 

Goose harvest species composition in 

2007–08 at Mni Sho Sho was 

approximately 96 percent Canada geese, 


srobinson on DSKHWCL6B1PROD with PROPOSALS
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3 percent snow geese, and 1 percent 

white-fronted geese. Harvest of geese 

harvested by other hunters was 

approximately 97 percent Canada geese 

and 3 percent snow geese. 

The Tribe anticipates a duck harvest 

similar to those of the previous 3 years 

and a goose harvest below the target 

harvest level of 3,000 to 4,000 geese. All 

basic Federal regulations contained in 

50 CFR part 20, including the use of 

non-toxic shot, Migratory Waterfowl 

Hunting and Conservation Stamps, etc., 

would be observed by the Tribe’s 

proposed regulations. In addition, the 

Lower Brule Sioux Tribe has an official 

Conservation Code that was established 

by Tribal Council Resolution in June 

1982 and updated in 1996. 

We plan to approve the Tribe’s 

requested regulations for the Lower 

Brule Reservation given the seasons 

dates fall within final Federal flyway 

frameworks (applies to nontribal 

hunters only). 

(m) Lower Elwha Klallam Tribe, Port 

Angeles, Washington (Tribal Members 

Only) 

Since 1996, the Service and the Point 

No Point Treaty Tribes, of which Lower 

Elwha was one, have cooperated to 

establish special regulations for 

migratory bird hunting. The Tribes are 

now acting independently and the 

Lower Elwha Klallam Tribe would like 

to establish migratory bird hunting 

regulations for Tribal members for the 

2009–10 season. The Tribe has a 

reservation on the Olympic Peninsula in 

Washington State and is a successor to 

the signatories of the Treaty of Point No 

Point of 1855. 

For the 2009–10 season, the Lower 

Elwha Klallam Tribe requests a duck 

and coot season from September 19, 

2009, to December 31, 2009. The daily 

bag limit will be seven ducks including 

no more than two hen mallards, one 

pintail, one canvasback, and two 

redheads. The daily bag and possession 

limit on harlequin duck will be one per 

season. The coot daily bag limit will be 

25. The possession limit will be twice 

the daily bag limit, except as noted 

above. 

For geese, the Tribe requests a season 

from September 19, 2009, to December 

31, 2009. The daily bag limit will be 

four, including no more than four light 

geese. The season on Aleutian Canada 

geese will be closed. 

For brant, the Tribe proposes a season 

from November 1, 2009, to February 15, 

2010, with a daily bag limit of two. The 

possession limit will be twice the daily 

bag limit. 

For mourning doves, band-tailed 

pigeon, and snipe, the Tribe requests a 

season from September 19, 2009, to 

December 31, 2009, with a daily bag 

limit of 10, 2, and 8, respectively. The 

possession limit will be twice the daily 

bag limit. 

All Tribal hunters authorized to hunt 

migratory birds are required to obtain a 

Tribal hunting permit from the Lower 

Elwha Klallam Tribe pursuant to Tribal 

law. Hunting hours would be from onehalf hour before sunrise to sunset. Only 

steel, tungsten-iron, tungsten-polymer, 

tungsten-matrix, and tin shot are 

allowed for hunting waterfowl. It is 

unlawful to use or possess lead shot 

while hunting waterfowl. 

The Tribe typically anticipates 

harvest to be fewer than 20 birds. Tribal 

reservation police and Tribal Fisheries 

enforcement officers have the authority 

to enforce these migratory bird hunting 

regulations. 

The Service proposes to approve the 

request for special migratory bird 

hunting regulations for the Lower Elwha 

Klallam Tribe. 

(n) Makah Indian Tribe, Neah Bay, 

Washington (Tribal Members Only) 

The Makah Indian Tribe and the 

Service have been cooperating to 

establish special regulations for 

migratory game birds on the Makah 

Reservation and traditional hunting 

land off the Makah Reservation since 

the 2001–02 hunting season. Lands off 

the Makah Reservation are those 

contained within the boundaries of the 

State of Washington Game Management 

Units 601–603 and 607. 

The Makah Indian Tribe usually 

proposes a duck and coot hunting 

season from September 27, 2009, to 

January 25, 2010. The daily bag limit is 

seven ducks, including no more than 

one canvasback, one pintail, three 

scaup, and one redhead. The daily bag 

limit for coots is 25. The Tribe has a 

year-round closure on wood ducks and 

harlequin ducks. Shooting hours for all 

species of waterfowl are one-half hour 

before sunrise to sunset. 

For geese, the Tribe usually proposes 

the season open on September 27, 2009, 

and close January 25, 2010. The daily 

bag limit for geese is four and one brant. 

The Tribe notes that there is a yearround closure on Aleutian and Dusky 

Canada geese. 

For band-tailed pigeons, the Tribe 

usually proposes the season open 

September 20, 2009, and close October 

31, 2009. The daily bag limit for bandtailed pigeons is two. 

The Tribe usually anticipates that 

harvest under this regulation will be 

relatively low since there are no known 

dedicated waterfowl hunters and any 

harvest of waterfowl or band-tailed 

pigeons is usually incidental to hunting 

for other species, such as deer, elk, and 

bear. The Tribe expects fewer than 50 

ducks and 10 geese to be harvested 

during the 2009–10 migratory bird 

hunting season. 

All other Federal regulations 

contained in 50 CFR part 20 would 

apply. The following restrictions are 

also usually 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; and 

(6) The use of dogs is permitted to 

hunt waterfowl. 

We plan to approve the Makah Indian 

Tribe’s requested 2009–10 special 

migratory bird hunting regulations, 

upon receipt of their proposal based on 

the provisions described above. 

(o) Point No Point Treaty Council 

Tribes, Kingston, Washington (Tribal 

Members Only) 

We are establishing uniform migratory 

bird hunting regulations for Tribal 

members on behalf of the Point No Point 

Treaty Council Tribes, consisting of the 

Port Gamble S’Klallam and Jamestown 

S’Klallam Tribes. The two Tribes have 

reservations and ceded areas in 

northwestern Washington State and are 

the successors to the signatories of the 

Treaty of Point No Point of 1855. These 

proposed regulations will apply to 

Tribal members both on and off 

reservations within the Point No Point 

Treaty Areas. 

For the 2009–10 season, the Point No 

Point Treaty Council requests special 

migratory bird hunting regulations for 

the 2009–10 hunting season for a duck 

and coot hunting season from 

September 1, 2009, to March 10, 2010. 

The daily bag limit is seven ducks, 

including no more than two hen 

mallards, one canvasback, one pintail, 

two redhead, and four scoters. The daily 

bag limit for coots is 25. The daily bag 


srobinson on DSKHWCL6B1PROD with PROPOSALS
40148 Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Proposed Rules 

limit and possession limit on harlequin 

ducks is one per season. The daily 

possession limits are double the daily 

bag limits except where noted. 

For geese, the Tribe proposes the 

season open on September 15, 2009, and 

close March 10, 2010. The daily bag 

limit for geese is four, not to include 

more than 3 light geese. The Tribe notes 

that there is a year-round closure on 

Aleutian and Cackling Canada geese. 

For brant, the Tribe proposes the season 

open on November 1, 2009, and close 

March 10, 2010. The daily bag limit for 

brant is two. 

For band-tailed pigeons, the Tribe 

proposes the season open September 1, 

2009, and close March 10, 2010. The 

daily bag limit for band-tailed pigeons is 

two. For mourning dove, the Tribe 

proposes the season open September 1, 

2009, and close January 31, 2010. The 

daily bag limit for mourning dove is 10. 

The Tribe anticipates a total harvest of 

fewer than 200 birds for the 2009–10 

season. The Tribal Fish and Wildlife 

enforcement officers have the authority 

to enforce these Tribal regulations. 

We propose to approve the Point No 

Point Treaty Council Tribes special 

migratory bird seasons. 

(p) Oneida Tribe of Indians of 

Wisconsin, Oneida, Wisconsin (Tribal 

Members Only) 

Since 1991–92, the Oneida Tribe of 

Indians of Wisconsin and the Service 

have cooperated to establish uniform 

regulations for migratory bird hunting 

by Tribal and nontribal hunters within 

the original Oneida Reservation 

boundaries. Since 1985, the Oneida 

Tribe’s Conservation Department has 

enforced the Tribe’s hunting regulations 

within those original reservation limits. 

The Oneida Tribe also has a good 

working relationship with the State of 

Wisconsin and the majority of the 

seasons and limits are the same for the 

Tribe and Wisconsin. 

In a May 28, 2009, letter, the Tribe 

proposed special migratory bird hunting 

regulations. For ducks, the Tribe 

described the general outside dates as 

being September 19 through December 

6, 2009, with a closed segment of 

November 21 to 29, 2009. The Tribe 

proposes a daily bag limit of six birds, 

which could include no more than six 

mallards (three hen mallards), six wood 

duck, one redhead, two pintail, and one 

hooded merganser. 

For geese, the Tribe requests a season 

between September 1 and December 31, 

2009, with a daily bag limit of three 

Canada geese. Hunters will be issued 

three Tribal tags for geese in order to 

monitor goose harvest. An additional 

three tags will be issued each time birds 

are registered. The Tribe will close the 

season November 21 to 29, 2009. If a 

quota of 300 geese is attained before the 

season concludes, the Tribe will 

recommend closing the season early. 

For woodcock, the Tribe proposes a 

season between September 5 and 

November 8, 2009, with a daily bag and 

possession limit of 5 and 10, 

respectively. 

For mourning dove, the Tribe 

proposes a season between September 1 

and November 8, 2009, with a daily bag 

and possession limit of 10 and 20, 

respectively. 

The Tribe proposes shooting hours be 

one-half hour before sunrise to one-half 

hour after sunset. Nontribal hunters 

hunting on the Reservation or on lands 

under the jurisdiction of the Tribe must 

comply with all State of Wisconsin 

regulations, including shooting hours of 

one-half hour before sunrise to sunset, 

season dates, and daily bag limits. 

Tribal members and nontribal hunters 

hunting on the Reservation or on lands 

under the jurisdiction of the Tribe must 

observe all basic Federal migratory bird 

hunting regulations found in 50 CFR 

part 20, with the following exceptions: 

Oneida members would be exempt from 

the purchase of the Migratory Waterfowl 

Hunting and Conservation Stamp (Duck 

Stamp); and shotgun capacity is not 

limited to three shells. Tribal member 

shooting hours will be from one-half 

hour before sunset to one-half hour after 

sunset. 

The Service proposes to approve the 

request for special migratory bird 

hunting regulations for the Oneida Tribe 

of Indians of Wisconsin. 

(q) Sault Ste. Marie Tribe of Chippewa 

Indians, Sault Ste. Marie, Michigan 

(Tribal Members Only) 

The Sault Ste. Marie Tribe of 

Chippewa Indians is a Federally 

recognized self-governing Indian Tribe, 

distributed throughout the eastern 

Upper Peninsula and northern Lower 

Peninsula of Michigan. The Tribe has 

retained the right to hunt, fish, trap, and 

gather on the lands ceded in Treaty of 

Washington (1836). 

In a May 29, 2009, letter, the Tribe 

proposed special migratory bird hunting 

regulations. For ducks, mergansers, and 

common snipe, the Tribe proposes 

outside dates as September 15 through 

December 31, 2009. The Tribe proposes 

a daily bag limit of 20 ducks, which 

could include no more than 10 mallards 

(5 hen mallards), 5 wood duck, 5 black 

duck, and 5 canvasback. The merganser 

daily bag limit is 10 in the aggregate and 

common snipe of 16. 

For geese, coot, gallinule, sora and 

Virginia rail, the Tribe requests a season 

from September 1 to December 31, 2009. 

The daily bag limit for geese is 20, in the 

aggregate. The daily bag limit for coot, 

gallinule, sora and Virginia rail is 20 in 

the aggregate. 

For woodcock, the Tribe proposes a 

season between September 2 and 

December 1, 2009, with a daily bag and 

possession limit of 10 and 20, 

respectively. 

For mourning dove, the Tribe 

proposes a season between September 1 

and November 14, 2009, with a daily 

bag and possession limit of 10 and 20, 

respectively. 

All Sault Tribe members exercising 

hunting treaty rights within the 1836 

Ceded Territory are required to submit 

annual harvest reports including date of 

harvest, number and species harvested, 

and location of harvest. Hunting hours 

would be from one-half hour before 

sunrise to 15 minutes after sunset. Only 

non-toxic shot are allowed for hunting 

waterfowl. 

The Service proposes to approve the 

request for special migratory bird 

hunting regulations for the Sault Ste. 

Marie Tribe of Chippewa Indians. 

(r) Shoshone-Bannock Tribes, Fort Hall 

Indian Reservation, Fort Hall, Idaho 

(Nontribal Hunters) 

Almost all of the Fort Hall Indian 

Reservation is Tribally owned. The 

Tribes claim full wildlife management 

authority throughout the reservation, 

but the Idaho Fish and Game 

Department has disputed Tribal 

jurisdiction, especially for hunting by 

nontribal members on reservation lands 

owned by non-Indians. As a 

compromise, since 1985, we have 

established the same waterfowl hunting 

regulations on the reservation and in a 

surrounding off-reservation State zone. 

The regulations were requested by the 

Tribes and provided for different season 

dates than in the remainder of the State. 

We agreed to the season dates because 

they would provide additional 

protection to mallards and pintails. The 

State of Idaho concurred with the 

zoning arrangement. We have no 

objection to the State’s use of this zone 

again in the 2009–10 hunting season, 

provided the duck and goose hunting 

season dates are the same as on the 

reservation. 

In a proposal for the 2009–10 hunting 

season, the Shoshone-Bannock Tribes 

requested a continuous duck (including 

mergansers) season, with the maximum 

number of days and the same daily bag 

and possession limits permitted for 

Pacific Flyway States under the final 

Federal frameworks. The Tribes propose 

that, if the same number of hunting days 

is permitted as last year, the season 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Proposed Rules 40149 

would have an opening date of October 

3, 2009, and a closing date of January 

17, 2010. Coot and snipe season dates 

would be the same as for ducks, with 

the same daily bag and possession limits 

permitted for Pacific Flyway States. The 

Tribes anticipate harvest will be 

between 2,000 and 5,000 ducks. 

The Tribes also requested a 

continuous goose season with the 

maximum number of days and the same 

daily bag and possession limits 

permitted in Idaho under Federal 

frameworks. The Tribes propose that, if 

the same number of hunting days is 

permitted as in previous years, the 

season would have an opening date of 

October 3, 2009, and a closing date of 

January 17, 2010. The Tribes anticipate 

harvest will be between 4,000 and 6,000 

geese. 

The Tribe requests a common snipe 

season with the maximum number of 

days and the same daily bag and 

possession limits permitted in Idaho 

under Federal frameworks. The Tribes 

propose that, if the same number of 

hunting days is permitted as in previous 

years, the season would have an 

opening date of October 3, 2009, and a 

closing date of January 17, 2010. 

Nontribal hunters must comply with 

all basic Federal migratory bird hunting 

regulations in 50 CFR part 20 pertaining 

to shooting hours, use of steel shot, and 

manner of taking. Special regulations 

established by the Shoshone-Bannock 

Tribes also apply on the reservation. 

We note that the requested regulations 

are nearly identical to those of last year 

and propose they be approved for the 

2009–10 hunting season given the 

seasons dates fall within the final 

Federal flyway frameworks (applies to 

nontribal hunters only). 

(s) Skokomish Tribe, Shelton, 

Washington (Tribal Members Only) 

Since 1996, the Service and the Point 

No Point Treaty Tribes, of which the 

Skokomish Tribe was one, have 

cooperated to establish special 

regulations for migratory bird hunting. 

The Tribes have been acting 

independently since 2005, and the 

Skokomish Tribe would like to establish 

migratory bird hunting regulations for 

Tribal members for the 2009–10 season. 

The Tribe has a reservation on the 

Olympic Peninsula in Washington State 

and is a successor to the signatories of 

the Treaty of Point No Point of 1855. 

The Skokomish Tribe requests a duck 

and coot season from September 16, 

2009, to February 28, 2010. The daily 

bag limit is seven ducks, including no 

more than two hen mallards, one 

pintail, one canvasback, and two 

redheads. The daily bag and possession 

limit on harlequin duck is one per 

season. The coot daily bag limit is 25. 

The possession limit is twice the daily 

bag limit except as noted above. 

For geese, the Tribe requests a season 

from September 16, 2009, to February 

28, 2010. The daily bag limit is four, 

including no more than three light 

geese. The season on Aleutian Canada 

geese is closed. For brant, the Tribe 

proposes a season from November 1, 

2009, to February 15, 2010, with a daily 

bag limit of two. The possession limit is 

twice the daily bag limit. 

For mourning doves, band-tailed 

pigeon, and snipe, the Tribe requests a 

season from September 16, 2009, to 

February 28, 2010, with a daily bag limit 

of 10, 2, and 8, respectively. The 

possession limit is twice the daily bag 

limit. 

All Tribal hunters authorized to hunt 

migratory birds are required to obtain a 

Tribal hunting permit from the 

Skokomish Tribe pursuant to Tribal law. 

Hunting hours would be from one-half 

hour before sunrise to sunset. Only 

steel, tungsten-iron, tungsten-polymer, 

tungsten-matrix, and tin shot are 

allowed for hunting waterfowl. It is 

unlawful to use or possess lead shot 

while hunting waterfowl. 

The Tribe anticipates harvest to be 

fewer than 150 birds. The Skokomish 

Public Safety Office enforcement 

officers have the authority to enforce 

these migratory bird hunting 

regulations. 

We propose to approve the 

Skokomish Tribe’s requested migratory 

bird hunting season. 

(t) Spokane Tribe of Indians, Spokane 

Indian Reservation, Wellpinit, 

Washington (Tribal Members Only) 

The Spokane Tribe of Indians wishes 

to establish waterfowl seasons on their 

respective reservation for its 

membership to access to an additional 

resource. An established waterfowl 

season on the reservation will allow 

access to a resource for members to 

continue practicing a subsistence 

lifestyle. 

The Spokane Indian Reservation is 

located in northeastern Washington 

State. The reservation comprises 

approximately 157,000 acres. The 

boundaries of the Reservation are the 

Columbia River to the west, the Spokane 

River to the south (now Lake Roosevelt), 

Tshimikn Creek to the east, and the 48th 

Parallel as the north boundary. Tribal 

membership comprises approximately 

2,300 enrolled Spokane Tribal Members. 

Prior to 1939, the Spokane Tribe was 

primarily a salmon people; upon 

completion of Grand Coulee Dam 

creating Lake Roosevelt, the 

development of hydroelectricity without 

passage ultimately removed salmon 

access from historical fishing areas for 

the Spokane Tribe for the past 70 years. 

These proposed regulations would 

allow Tribal Members, spouses of a 

Spokane Tribal Member and firstgeneration descendants of a Spokane 

Tribal Member with a Tribal permit and 

Federal Waterfowl stamps an 

opportunity to utilize the reservation 

and ceded lands. It will also benefit 

Tribal membership through access to 

this resource throughout Spokane Tribal 

ceded lands in eastern Washington. By 

Spokane Tribal Referendum, spouses of 

Spokane Tribal Members and children 

of Spokane Tribal Members not enrolled 

are allowed to harvest game animals 

within the Spokane Indian Reservation 

with the issuance of hunting permits. 

For the 2009–10 season, the Tribe 

requests to establish duck seasons that 

would run from September 1, 2009, 

through January 31, 2010. The Tribe is 

requesting the daily bag limit for ducks 

to be consistent with the State of 

Washington. The possession limit is 

twice the daily bag limit. 

The Tribe proposes a season on geese 

starting September 1, 2009, and ending 

on January 31, 2010. The Tribe is 

requesting the daily bag limit for geese 

to be consistent with the State of 

Washington. The possession limit is 

twice the daily bag limit. 

Based on the quantity of requests the 

Spokane Tribe of Indians has received, 

the Tribe anticipates harvest levels for 

the 2009–10 season for both ducks and 

geese to be below 300 total birds with 

goose harvest at less than 100. Hunter 

success will be monitored through 

mandatory harvest reports returned 

within 30 days of the season closure. 

We propose to approve the Spokane 

Tribe’s requested 2009–10 special 

migratory bird hunting regulations. 

(u) Squaxin Island Tribe, Squaxin 

Island Reservation, Shelton, Washington 

(Tribal Members Only) 

The Squaxin Island Tribe of 

Washington and the Service have 

cooperated since 1995 to establish 

special Tribal migratory bird hunting 

regulations. These special regulations 

apply to Tribal members on the Squaxin 

Island Reservation, located in western 

Washington near Olympia, and all lands 

within the traditional hunting grounds 

of the Squaxin Island Tribe. 

For the 2009–10 season, the Tribe 

requests to establish duck and coot 

seasons that would run from September 

1, 2009, through January 15, 2010. The 

daily bag limit for ducks is five per day 

and could include only one canvasback. 

The season on harlequin ducks is 


srobinson on DSKHWCL6B1PROD with PROPOSALS
40150 Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Proposed Rules 

closed. For coots, the daily bag limit is 

25. For snipe, the Tribe proposes the 

season start on September 15, 2009, and 

end on January 15, 2010. The daily bag 

limit for snipe is eight. For band-tailed 

pigeon, the Tribe proposes the season 

start on September 1, 2009, and end on 

December 31, 2009. The daily bag limit 

is five. The possession limit is twice the 

daily bag limit. 

The Tribe proposes a season on geese 

starting September 15, 2009, and ending 

on January 15, 2010. The daily bag limit 

for geese is four, including no more than 

two snow geese. The season on Aleutian 

and Cackling Canada geese is closed. 

For brant, the Tribe proposes the season 

start on September 1, 2009, and end on 

December 31, 2009. The daily bag limit 

for brant is two. The possession limit is 

twice the daily bag limit. 

We propose to approve the Squaxin 

Island Tribe’s requested 2009–10 special 

migratory bird hunting regulations. 

(v) Stillaguamish Tribe of Indians, 

Arlington, Washington (Tribal Members 

Only) 

The Stillaguamish Tribe of Indians 

and the Service have cooperated to 

establish special regulations for 

migratory game birds since 2001. The 

Tribe is proposing regulations to hunt 

all open and unclaimed lands under the 

Treaty of Point Elliott of January 22, 

1855, including their main hunting 

grounds around Camano Island, Skagit 

Flats, and Port Susan to the border of 

the Tulalip Tribes Reservation. Ceded 

lands are located in Whatcom, Skagit, 

Snohomish, and Kings Counties, and a 

portion of Pierce County, Washington. 

The Stillaguamish Tribe of Indians is a 

Federally recognized Tribe and reserves 

the Treaty Right to hunt (U.S. v. 

Washington). 

The Tribe proposes that duck 

(including mergansers) and goose 

seasons run from October 1, 2009, to 

February 15, 2010. The daily bag limit 

on ducks (including sea ducks and 

mergansers) is 10 and must include no 

more than 7 mallards (only 3 of which 

can be hens), 3 pintail, 3 redhead, 3 

scaup, and 3 canvasback. For geese, the 

daily bag limit is six. Possession limits 

are totals of these two daily bag limits. 

The Tribe proposes that coot, brant, 

and snipe seasons run from October 1, 

2009, to January 31, 2010. The daily bag 

limit for coot is 25. The daily bag limit 

on brant is three. The daily bag limit for 

snipe is 10. Possession limits are twice 

the daily bag limit. 

Harvest is regulated by a punch card 

system. Tribal members hunting on 

lands under this proposal will observe 

all basic Federal migratory bird hunting 

regulations found in 50 CFR part 20, 

which will be enforced by the 

Stillaguamish Tribal Law Enforcement. 

Tribal members are required to use steel 

shot or a nontoxic shot as required by 

Federal regulations. 

The Tribe anticipates a total harvest of 

200 ducks, 100 geese, 50 mergansers, 

100 coots, and 100 snipe. Anticipated 

harvest needs include subsistence and 

ceremonial needs. Certain species may 

be closed to hunting for conservation 

purposes, and consideration for the 

needs of certain species will be 

addressed. 

The Service proposes to approve the 

request for special migratory bird 

hunting regulations for the 

Stillaguamish Tribe of Indians. 

(w) Swinomish Indian Tribal 

Community, LaConner, Washington 

(Tribal Members Only) 

In 1996, the Service and the 

Swinomish Indian Tribal Community 

began cooperating to establish special 

regulations for migratory bird hunting. 

The Swinomish Indian Tribal 

Community is a Federally recognized 

Indian Tribe consisting of the Suiattle, 

Skagit, and Kikialos. The Swinomish 

Reservation was established by the 

Treaty of Point Elliott of January 22, 

1855, and lies in the Puget Sound area 

north of Seattle, Washington. 

For the 2009–10 season, the Tribe 

usually requests to establish a migratory 

bird hunting season on all areas that are 

open and unclaimed and consistent 

with the meaning of the treaty. The 

Tribe usually requests to establish duck, 

merganser, Canada goose, brant, and 

coot seasons opening on the earliest 

possible date allowed by the final 

Federal frameworks for the Pacific 

Flyway and closing 30 days after the 

State of Washington closes its season. 

The Swinomish Tribe requests an 

additional three birds of each species 

over that allowed by the State for daily 

bag and possession limits. 

The Community normally anticipates 

that the regulations will result in the 

harvest of approximately 300 ducks, 50 

Canada geese, 75 mergansers, 100 brant, 

and 50 coot. The Swinomish utilize a 

report card and permit system to 

monitor harvest and will implement 

steps to limit harvest where 

conservation is needed. All Tribal 

regulations will be enforced by Tribal 

fish and game officers. 

On reservation, the Tribal Community 

usually proposes a hunting season for 

the abovementioned species beginning 

on the earliest possible opening date 

and closing March 9, 2010. The 

Swinomish manage harvest by a report 

card and permit system, and we 

anticipate harvest will be similar to that 

expected off reservation. 

We believe the estimated harvest by 

the Swinomish will be minimal and will 

not adversely affect migratory bird 

populations. Upon receipt of the 2009– 

10 Swinomish hunting proposal, we 

propose to approve the Tribe’s 

requested 2009–10 special migratory 

bird hunting regulations. 

(x) The Tulalip Tribes of Washington, 

Tulalip Indian Reservation, Marysville, 

Washington (Tribal Members and 

Nontribal Hunters) 

The Tulalip Tribes are the successors 

in interest to the Tribes and bands 

signatory to the Treaty of Point Elliott of 

January 22, 1855. The Tulalip Tribes’ 

government is located on the Tulalip 

Indian Reservation just north of the City 

of Everett in Snohomish County, 

Washington. The Tribes or individual 

Tribal members own all of the land on 

the reservation, and they have full 

wildlife management authority. All 

lands within the boundaries of the 

Tulalip Tribes Reservation are closed to 

nonmember hunting unless opened by 

Tulalip Tribal regulations. 

For the 2009–10 season, the Tribe 

proposes Tribal and nontribal hunting 

regulations for the 2009–10 season. 

Migratory waterfowl hunting by Tulalip 

Tribal members is authorized by Tulalip 

Tribal Ordinance No. 67. For ducks, 

mergansers, coot, and snipe, the 

proposed season for Tribal members 

would be from September 15, 2009, 

through February 28, 2010. In the case 

of nontribal hunters hunting on the 

reservation, the season would be the 

latest closing date and the longest 

period of time allowed under the final 

Pacific Flyway Federal frameworks. 

Daily bag and possession limits for 

Tulalip Tribal members would be 7 and 

14 ducks, respectively, except that for 

blue-winged teal, canvasback, 

harlequin, pintail, and wood duck, the 

bag and possession limits would be the 

same as those established in accordance 

with final Federal frameworks. For 

nontribal hunters, bag and possession 

limits would be the same as those 

permitted under final Federal 

frameworks. For coot, daily bag and 

possession limits are 25 and 50, 

respectively, and for snipe 8 and 18, 

respectively. Nontribal hunters should 

check with the Tulalip Tribal 

authorities regarding additional 

conservation measures that may apply 

to specific species managed within the 

region. Ceremonial hunting may be 

authorized by the Department of Natural 

Resources at any time upon application 

of a qualified Tribal member. Such a 

hunt must have a bag limit designed to 


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limit harvest only to those birds 

necessary to provide for the ceremony. 

For geese, Tribal members propose a 

season from September 15, 2009, 

through February 28, 2010. Nontribal 

hunters would be allowed the longest 

season and the latest closing date 

permitted by the Pacific Flyway Federal 

frameworks. For Tribal hunters, the 

goose daily bag and possession limits 

would be 7 and 14, respectively, except 

that the bag limits for brant, cackling 

Canada geese, and dusky Canada geese 

would be those established in 

accordance with final Federal 

frameworks. For nontribal hunters 

hunting on reservation lands, the daily 

bag and possession limits would be 

those established in accordance with 

final Federal frameworks for the Pacific 

Flyway. The Tulalip Tribes also set a 

maximum annual bag limit for those 

Tribal members who engage in 

subsistence hunting of 365 ducks and 

365 geese. 

All hunters on Tulalip Tribal lands 

are required to adhere to shooting hour 

regulations set at one-half hour before 

sunrise to sunset, special Tribal permit 

requirements, and a number of other 

Tribal regulations enforced by the Tribe. 

Each nontribal hunter 16 years of age 

and older hunting pursuant to Tulalip 

Tribes’ Ordinance No. 67 must possess 

a valid Federal Migratory Bird Hunting 

and Conservation Stamp and a valid 

State of Washington Migratory 

Waterfowl Stamp. Each hunter must 

validate stamps by signing across the 

face. 

Although the season length requested 

by the Tulalip Tribes appears to be quite 

liberal, harvest information indicates a 

total take by Tribal and nontribal 

hunters under 1,000 ducks and 500 

geese annually. 

We propose approval of the Tulalip 

Tribe’s request to have a special season. 

(y) Upper Skagit Indian Tribe, Sedro 

Woolley, Washington (Tribal members 

only) 

The Upper Skagit Indian Tribe and 

the Service have cooperated to establish 

special regulations for migratory game 

birds since 2001. The Tribe has 

jurisdiction over lands within Skagit, 

Island, and Whatcom Counties, 

Washington. The Tribe issues Tribal 

hunters a harvest report card that will 

be shared with the State of Washington. 

For the 2009–10 season, the Tribe 

requests a duck season starting October 

1, 2009, and ending February 28, 2010. 

The Tribe proposes a daily bag limit of 

15 with a possession limit of 20. The 

Tribe requests a coot season starting 

October 15, 2009, and ending February 

15, 2010. The coot daily bag limit is 20 

with a possession limit of 30. 

The Tribe proposes a goose season 

from October 15, 2009, to February 28, 

2010, with a daily bag limit of seven 

geese and five brant. The possession 

limit for geese and brant are 10 and 7, 

respectively. 

The Tribe proposes a mourning dove 

season between September 1 to 

December 31, 2009, with a daily bag 

limit of 12 and possession limit of 15. 

The anticipated migratory bird 

harvest under this proposal would be 

100 ducks, 5 geese, 2 brant, and 10 

coots. Tribal members must have the 

Tribal identification and Tribal 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 15 

minutes before official sunrise to 15 

minutes after official sunset. 

The Service proposes to approve the 

request for special migratory bird 

hunting regulations for the Upper Skagit 

Indian Tribe. 

(z) Wampanoag Tribe of Gay Head, 

Aquinnah, Massachusetts (Tribal 

Members Only) 

The Wampanoag Tribe of Gay Head is 

a Federally recognized Tribe located on 

the island of Martha’s Vineyard in 

Massachusetts. The Tribe has 

approximately 560 acres of land, which 

it manages for wildlife through its 

natural resources department. The Tribe 

also enforces its own wildlife laws and 

regulations through the natural 

resources department. 

For the 2009–10 season, the Tribe 

proposes a duck season of October 29, 

2009, through February 25, 2010. The 

Tribe proposes a daily bag limit of six 

birds, which could include no more 

than two hen mallards, six drake 

mallards, two black ducks, two mottled 

ducks, one fulvous whistling duck, four 

mergansers, three scaup, one hooded 

merganser, two wood ducks, one 

canvasback, two redheads, one pintail, 

and four of all other species not listed. 

The season for harlequins would be 

closed. The Tribe proposes a teal (greenwinged and blue) season of October 13, 

2009, through January 26, 2010. A daily 

bag limit of six teal would be in 

addition to the daily bag limit for ducks. 

For sea ducks, the Tribe proposes a 

season between October 12, 2009, and 

February 28, 2010, with a daily bag limit 

of seven, which could include no more 

than one hen eider and four of any one 

species unless otherwise noted above. 

For Canada geese, the Tribe requests 

a season between September 14 to 

September 28, 2009, and October 29, 

2009, through February 25, 2010, with 

a daily bag limit of 5 Canada geese 

during the first period, 3 Canada geese 

during the second period. For snow 

geese, the Tribe requests a season 

between September 8 to September 22, 

2009, and October 29, 2009, to February 

25, 2010, with a daily bag limit of 15 

snow geese. 

For woodcock, the Tribe proposes a 

season between October 13 and 

November 28, 2009, with a daily bag 

limit of three. 

Prior to 2009, the Tribe had 22 

registered Tribal hunters, and estimates 

harvest to be no more than 15 geese, 25 

mallards, 25 teal, 50 black ducks, and 50 

of all other species combined. Tribal 

members hunting on the Reservation 

will observe all basic Federal migratory 

bird hunting regulations found in 50 

CFR part 20. The Tribe requires hunters 

to register with the Harvest Information 

Program. 

The Service proposes to approve the 

request for special migratory bird 

hunting regulations for the Wampanoag 

Tribe of Gay Head. 

(aa) White Earth Band of Ojibwe, White 

Earth, Minnesota (Tribal Members Only) 

The White Earth Band of Ojibwe is a 

Federally recognized Tribe located in 

northwest Minnesota and encompasses 

all of Mahnomen County and parts of 

Becker and Clearwater Counties. The 

reservation employs conservation 

officers to enforce migratory bird 

regulations. The Tribe and the Service 

first cooperated to establish special 

Tribal regulations in 1999. 

For the 2009–10 migratory bird 

hunting season, the White Earth Band of 

Ojibwe usually requests a duck and 

merganser season to start September 20 

and end December 19, 2009. For ducks, 

they usually request a daily bag limit of 

10, including no more than 2 mallards 

and 1 canvasback. The merganser daily 

bag limit would be five with no more 

than two hooded mergansers. For geese, 

the Tribe usually proposes an early 

season from September 1 through 

September 26, 2009, and a late season 

from September 27, 2009, through 

December 19, 2009. The early season 

daily bag limit is eight geese and the late 

season daily bag limit is five geese. 

For coots, dove, rail, woodcock, and 

snipe, the Tribe usually proposes a 

September 1 through November 30, 

2009, season with daily bag limits of 20 

coots, 25 doves, 25 rails, 10 woodcock, 

and 10 snipe. Shooting hours are onehalf hour before sunrise to one-half hour 

after sunset. Nontoxic shot is required. 

Based on past harvest surveys, the 

Tribe anticipates harvest of 1,000 to 


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40152 Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Proposed Rules 

2,000 Canada geese and 1,000 to 1,500 

ducks. The White Earth Reservation 

Tribal Council employs four full-time 

Conservation Officers to enforce 

migratory bird regulations. 

We propose to approve the White 

Earth Band of Ojibwe’s request to have 

a special season upon receipt of the 

2009–10 proposal. 

(bb) White Mountain Apache Tribe, Fort 

Apache Indian Reservation, Whiteriver, 

Arizona (Tribal Members and Nontribal 

Hunters) 

The White Mountain Apache Tribe 

owns all reservation lands, and the 

Tribe has recognized full wildlife 

management authority. The White 

Mountain Apache Tribe has requested 

regulations that are essentially 

unchanged from those agreed to since 

the 1997–98 hunting year. 

The hunting zone for waterfowl is 

restricted and is described as: The 

length of the Black River west of the 

Bonito Creek and Black River 

confluence and the entire length of the 

Salt River forming the southern 

boundary of the reservation; the White 

River, extending from the Canyon Day 

Stockman Station to the Salt River; and 

all stock ponds located within Wildlife 

Management Units 4, 5, 6, and 7. Tanks 

located below the Mogollon Rim, within 

Wildlife Management Units 2 and 3, 

will be open to waterfowl hunting 

during the 2009–10 season. The length 

of the Black River east of the Black 

River/Bonito Creek confluence is closed 

to waterfowl hunting. All other waters 

of the reservation would be closed to 

waterfowl hunting for the 2009–10 

season. 

For nontribal and Tribal hunters, the 

Tribe proposes a continuous duck, coot, 

merganser, gallinule, and moorhen 

hunting season, with an opening date of 

October 10, 2009, and a closing date of 

January 31, 2010. The Tribe proposes a 

separate scaup season, with an opening 

date of October 10, 2009, and a closing 

date of December 6, 2009. The Tribe 

proposes a daily duck (including 

mergansers) bag limit of seven, which 

may include no more than two 

redheads, one pintail, and seven 

mallards (including no more than two 

hen mallards). The season on 

canvasback is closed. The daily bag 

limit for coots, gallinules, and moorhens 

would be 25, singly or in the aggregate. 

For geese, the Tribe is proposing a 

season from October 10, 2009, through 

January 31, 2010. Hunting would be 

limited to Canada geese, and the daily 

bag limit would be three. 

Season dates for band-tailed pigeons 

and mourning doves would run 

concurrently from September 1 through 

September 15, 2009, in Wildlife 

Management Unit 10 and all areas south 

of Y–70 and Y–10 in Wildlife 

Management Unit 7, only. Proposed 

daily bag limits for band-tailed pigeons 

and mourning doves would be 3 and 10, 

respectively. 

Possession limits for the above 

species are twice the daily bag limits. 

Shooting hours would be from one-half 

hour before sunrise to sunset. There 

would be no open season for sandhill 

cranes, rails, and snipe on the White 

Mountain Apache lands under this 

proposal. A number of special 

regulations apply to Tribal and 

nontribal hunters, which may be 

obtained from the White Mountain 

Apache Tribe Game and Fish 

Department. 

We propose to approve the 

regulations requested by the Tribe for 

the 2009–10 season. 

(cc) Yankton Sioux Tribe, Marty, South 

Dakota (Tribal Members and Nontribal 

Hunters) 

The Yankton Sioux Tribe has yet to 

submit a waterfowl hunting proposal for 

the 2009–10 season. The Yankton Sioux 

Tribal waterfowl hunting season usually 

would be open to both Tribal members 

and nontribal hunters. The waterfowl 

hunting regulations would apply to 

Tribal and trust lands within the 

external boundaries of the reservation. 

For ducks (including mergansers) and 

coots, the Yankton Sioux Tribe usually 

proposes a season starting October 9, 

2009, and running for the maximum 

amount of days allowed under the final 

Federal frameworks. Daily bag and 

possession limits would be 6 ducks, 

which may include no more than 5 

mallards (no more than 2 hens), 1 

canvasback (when open), 2 redheads, 3 

scaup, 1 pintail, or 2 wood ducks. The 

bag limit for mergansers is 5, which 

would include no more than 1 hooded 

merganser. The coot daily bag limit is 

15. 

For geese, the Tribe usually requests 

a dark goose (Canada geese, brant, 

white-fronts) season starting October 29, 

2009, and closing January 31, 2010. The 

daily bag limit would be three geese 

(including no more than one whitefronted goose or brant). Possession 

limits would be twice the daily bag 

limit. For white geese, the proposed 

hunting season would start October 29, 

2009, and run for the maximum amount 

of days allowed under the final Federal 

frameworks for the State of South 

Dakota. Daily bag and possession limits 

would equal the maximum allowed 

under Federal frameworks. 

All hunters would have to be in 

possession of a valid Tribal license 

while hunting on Yankton Sioux trust 

lands. Tribal and nontribal hunters must 

comply with all basic Federal migratory 

bird hunting regulations in 50 CFR part 

20 pertaining to shooting hours and the 

manner of taking. Special regulations 

established by the Yankton Sioux Tribe 

also apply on the reservation. 

During the 2005–06 hunting season, 

the Tribe reported that 90 nontribal 

hunters took 400 Canada geese, 75 light 

geese, and 90 ducks. Forty-five Tribal 

members harvested fewer than 50 geese 

and 50 ducks. 

We plan to approve the Yankton 

Sioux 2009–10 hunting seasons upon 

receipt of their proposal based on the 

provisions described above. 

Public Comments 

The Department of the Interior’s 

policy is, whenever practicable, to 

afford the public an opportunity to 

participate in the rulemaking process. 

Accordingly, we invite interested 

persons to submit written comments, 

suggestions, or recommendations 

regarding the proposed regulations. 

Before promulgation of final migratory 

game bird hunting regulations, we will 

take into consideration all comments 

received. Such comments, and any 

additional information received, may 

lead to final regulations that differ from 

these proposals. 

You may submit your comments and 

materials concerning this proposed rule 

by one of the methods listed in the 

ADDRESSES section. We will not 

consider comments sent by e-mail or fax 

or to an address not listed in the 

ADDRESSES section. Finally, we will not 

consider hand-delivered comments that 

we do not receive, or mailed comments 

that are not postmarked, by the date 

specified in the DATES section. 

We will post your entire comment— 

including your personal identifying 

information—on http:// 

www.regulations.gov. If you provide 

personal identifying information in your 

comment, you may request at the top of 

your document that we withhold this 

information from public review. 

However, we cannot guarantee that we 

will be able to do so. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing this proposed rule, 

will be available for public inspection 

on http://www.regulations.gov, or by 

appointment, during normal business 

hours, at the U.S. Fish and Wildlife 

Service, Division of Migratory Bird 

Management, Room 4107, 4501 North 

Fairfax Drive, Arlington, VA 22203. 

For each series of proposed 

rulemakings, we will establish specific 

comment periods. We will consider, but 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Proposed Rules 40153 

possibly may not respond in detail to, 

each comment. As in the past, we will 

summarize all comments received 

during the comment period and respond 

to them after the closing date in any 

final rules. 

NEPA Consideration 

NEPA considerations are covered by 

the programmatic document ‘‘Final 

Supplemental Environmental Impact 

Statement: Issuance of Annual 

Regulations Permitting the Sport 

Hunting of Migratory Birds (FSES 88– 

14),’’ filed with the Environmental 

Protection Agency on June 9, 1988. We 

published a notice of availability in the 

Federal Register on June 16, 1988 (53 

FR 22582). We published our record of 

decision on August 18, 1988 (53 FR 

31341). In addition, an August 1985 

environmental assessment entitled 

‘‘Guidelines for Migratory Bird Hunting 

Regulations on Federal Indian 

Reservations and Ceded Lands’’ is 

available from the address indicated 

under the caption FOR FURTHER

INFORMATION CONTACT. 

In a notice published in the 

September 8, 2005, Federal Register (70 

FR 53376), we announced our intent to 

develop a new Supplemental 

Environmental Impact Statement for the 

migratory bird hunting program. Public 

scoping meetings were held in the 

spring of 2006, as detailed in a March 

9, 2006, Federal Register (71 FR 12216). 

We have prepared a scoping report 

summarizing the scoping comments and 

scoping meetings. The report is 

available by either writing to the 

address indicated under FOR FURTHER

INFORMATION CONTACT or by viewing on 

our Web site at http://www.fws.gov/ 

migratorybirds/. 

Endangered Species Act Consideration 

Prior to issuance of the 2009–10 

migratory game bird hunting 

regulations, we will comply with 

provisions of the Endangered Species 

Act of 1973, as amended (16 U.S.C. 

1531–1543; hereinafter, the Act), to 

ensure that hunting is not likely to 

jeopardize the continued existence of 

any species designated as endangered or 

threatened, or modify or destroy its 

critical habitat, and is consistent with 

conservation programs for those species. 

Consultations under section 7 of the Act 

may cause us to change proposals in 

this and future supplemental 

rulemaking documents. 

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. A 

regulatory cost-benefit analysis has been 

prepared and is available at http:// 

www.fws.gov/migratorybirds/ 

NewReportsPublications/SpecialTopics/ 

SpecialTopics.html#HuntingRegs or at 

http://www.regulations.gov. OMB bases 

its determination of regulatory 

significance upon the following four 

criteria: 

(a) Whether the rule will have an 

annual effect of $100 million or more on 

the economy or adversely affect an 

economic sector, productivity, jobs, the 

environment, or other units of the 

government. 

(b) Whether the rule will create 

inconsistencies with other Federal 

agencies’ actions. 

(c) Whether the rule will materially 

affect entitlements, grants, user fees, 

loan programs, or the rights and 

obligations of their recipients. 

(d) Whether the rule raises novel legal 

or policy issues. 

Clarity of the Rule 

We are required by Executive Orders 

12866 and 12988 and by the 

Presidential Memorandum of June 1, 

1998, to write all rules in plain 

language. This means that each rule we 

publish must: 

(a) Be logically organized; 

(b) Use the active voice to address 

readers directly; 

(c) Use clear language rather than 

jargon; 

(d) Be divided into short sections and 

sentences; and 

(e) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in the ADDRESSES

section. To better help us revise the 

rule, your comments should be as 

specific as possible. For example, you 

should tell us the numbers of the 

sections or paragraphs that are unclearly 

written, which sections or sentences are 

too long, the sections where you feel 

lists or tables would be useful, etc. 

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. 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 

ADDRESSES or from our Web site at 

http://www.fws.gov/migratorybirds/ 

NewReportsPublications/SpecialTopics/ 

SpecialTopics.html#HuntingRegs 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. 

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. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
40154 Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Proposed Rules 

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 

proposed rule, has determined that this 

proposed 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 proposed 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 

Executive Order 13211 requires 

agencies to prepare Statements of 

Energy Effects when undertaking certain 

actions. While this proposed rule is a 

significant regulatory action under 

Executive Order 12866, it is not 

expected to adversely affect energy 

supplies, distribution, or use. Therefore, 

this action is not a significant energy 

action and no Statement of Energy 

Effects is required. 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

with Native American Tribal 

Governments’’ (59 FR 22951), Executive 

Order 13175, and 512 DM 2, we have 

evaluated possible effects on Federallyrecognized Indian Tribes and have 

determined that there are no effects on 

Indian trust resources. However, in the 

April 10 Federal Register, we solicited 

proposals for special migratory bird 

hunting regulations for certain Tribes on 

Federal Indian reservations, offreservation trust lands, and ceded lands 

for the 2009–10 migratory bird hunting 

season. The resulting proposals will be 

contained in a separate proposed rule. 

By virtue of these actions, we have 

consulted with Tribes affected by this 

rule. 

Federalism Effects 

Due to the migratory nature of certain 

species of birds, the Federal 

Government has been given 

responsibility over these species by the 

Migratory Bird Treaty Act. We annually 

prescribe frameworks from which the 

States make selections regarding the 

hunting of migratory birds, and we 

employ guidelines to establish special 

regulations on Federal Indian 

reservations and ceded lands. This 

process preserves the ability of the 

States and Tribes to determine which 

seasons meet their individual needs. 

Any State or Indian Tribe may be more 

restrictive than the Federal frameworks 

at any time. The frameworks are 

developed in a cooperative process with 

the States and the Flyway Councils. 

This process allows States to participate 

in the development of frameworks from 

which they will make selections, 

thereby having an influence on their 

own regulations. These rules do not 

have a substantial direct effect on fiscal 

capacity, change the roles or 

responsibilities of Federal or State 

governments, or intrude on State policy 

or administration. Therefore, in 

accordance with Executive Order 13132, 

these regulations do not have significant 

federalism effects and do not have 

sufficient federalism implications to 

warrant the preparation of a Federalism 

Assessment. 

List of Subjects in 50 CFR Part 20 

Exports, Hunting, Imports, Reporting 

and recordkeeping requirements, 

Transportation, Wildlife. 

Based on the results of migratory 

game bird studies, and having due 

consideration for any data or views 

submitted by interested parties, this 

proposed rulemaking may result in the 

adoption of special hunting regulations 

for migratory birds beginning as early as 

September 1, 2009, on certain Federal 

Indian reservations, off-reservation trust 

lands, and ceded lands. Taking into 

account both reserved hunting rights 

and the degree to which Tribes have full 

wildlife management authority, the 

regulations only for Tribal members or 

for both Tribal and nontribal hunters 

may differ from those established by 

States in which the reservations, offreservation trust lands, and ceded lands 

are located. The regulations will specify 

open seasons, shooting hours, and bag 

and possession limits for rails, coot, 

gallinules, woodcock, common snipe, 

band-tailed pigeons, mourning doves, 

white-winged doves, ducks, mergansers, 

and geese. 

The rules that eventually will be 

promulgated for the 2009–10 hunting 

season are authorized under the 

Migratory Bird Treaty Act (MBTA) of 

July 3, 1918 (40 Stat. 755; 16 U.S.C. 703 

et seq.), as amended. The MBTA 

authorizes and directs the Secretary 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. 

Dated: August 4, 2009. 

Jane Lyder, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. E9–19202 Filed 8–10–09; 8:45 am] 

BILLING CODE 4310–55–P 


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