[Federal Register Volume 74, Number 169 (Wednesday, September 2, 2009)]
[Rules and Regulations]
[Pages 45343-45353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21168]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[FWS-R9-MB-2009-0124]
[91200-1231-9BPP-L2]
RIN 1018-AW31


Migratory Bird Hunting; Migratory Bird Hunting Regulations on 
Certain Federal Indian Reservations and Ceded Lands for the 2009-10 
Early Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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

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

DATES: This rule takes effect on September 1, 2009.

ADDRESSES: You may inspect comments received on the proposed special 
hunting regulations and tribal proposals during normal business hours 
in room 4107, Arlington Square Building, 4501 N. Fairfax Drive, 
Arlington, VA or at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, Division of Migratory 
Bird Management, U.S. Fish and Wildlife Service, (703/358-1967).

SUPPLEMENTARY INFORMATION: The Migratory Bird Treaty Act (MBTA) of July 
3, 1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), authorizes and directs 
the Secretary of the Department of the Interior, having due regard for 
the zones of temperature and for the distribution, abundance, economic 
value, breeding habits, and times and lines of flight of migratory game 
birds, to determine when, to what extent, and by what means such birds 
or any part, nest, or egg thereof may be taken, hunted, captured, 
killed, possessed, sold, purchased, shipped, carried, exported, or 
transported.
    In the August 11, 2009, Federal Register (74 FR 40138), we proposed 
special migratory bird hunting regulations for the 2009-10 hunting 
season for certain Indian tribes, under the guidelines described in the 
June 4, 1985, Federal Register (50 FR 23467). The guidelines respond to 
tribal requests for Service recognition of their reserved hunting 
rights, and for some tribes, recognition of their authority to regulate 
hunting by both tribal members and nonmembers on their reservations. 
The guidelines include possibilities for:
    (1) On-reservation hunting by both tribal members and nonmembers, 
with hunting by nontribal members on some reservations to take place 
within Federal frameworks but on dates different from those selected by 
the surrounding State(s);
    (2) On-reservation hunting by tribal members only, outside of usual 
Federal frameworks for season dates and length, and for daily bag and 
possession limits; and
    (3) Off-reservation hunting by tribal members on ceded lands, 
outside of usual framework dates and season length, with some added 
flexibility in daily bag and possession limits.
    In all cases, the regulations established under the guidelines must 
be consistent with the March 10-September 1 closed season mandated by 
the 1916 Migratory Bird Treaty with Canada.
    In the April 10, 2009, Federal Register (74 FR 16339), we requested 
that tribes desiring special hunting regulations in the 2009-10 hunting 
season submit a proposal including details on:
    (a) Harvest anticipated under the requested regulations;
    (b) Methods that would be employed to measure or monitor harvest 
(such as bag checks, mail questionnaires, etc.);
    (c) Steps that would be taken to limit level of harvest, where it 
could be shown that failure to limit such harvest would adversely 
impact the migratory bird resource; and
    (d) Tribal capabilities to establish and enforce migratory bird 
hunting regulations.
    No action is required if a tribe wishes to observe the hunting 
regulations established by the State(s) in which an Indian reservation 
is located. We have successfully used the guidelines since the 1985-86 
hunting season. We finalized the guidelines beginning with the 1988-89 
hunting season (August 18, 1988, Federal Register [53 FR 31612]).
    Although the proposed rule included generalized regulations for 
both early- and late-season hunting, this rulemaking addresses only the 
early-season proposals. Late-season hunting will be addressed in late 
September. As a general rule, early seasons begin during September each 
year and have a primary emphasis on such species as mourning and white-
winged doves. Late

[[Page 45344]]

seasons begin about October 1 or later each year and have a primary 
emphasis on waterfowl.

Population Status and Harvest

    The following paragraphs provide a brief summary of information on 
the status and harvest of waterfowl excerpted from various reports. For 
more detailed information on methodologies and results, you may obtain 
complete copies of the various reports at the street address indicated 
under ADDRESSES or from our website http://www.fws.gov/migratorybirds/NewsPublicationsReports.html.

Status of Ducks

    Federal, provincial, and State agencies conduct surveys each spring 
to estimate the size of breeding populations and to evaluate the 
conditions of the habitats. These surveys are conducted using fixed-
wing aircraft and helicopters and encompass principal breeding areas of 
North America, and cover over 2.0 million square miles. The Traditional 
survey area comprises Alaska, Canada, and the northcentral United 
States, and includes approximately 1.3 million square miles. The 
Eastern survey area includes parts of Ontario, Quebec, Labrador, 
Newfoundland, Nova Scotia, Prince Edward Island, New Brunswick, New 
York, and Maine, an area of approximately 0.7 million square miles.

Breeding Ground Conditions

    Habitat conditions during the 2009 Waterfowl Breeding Population 
and Habitat Survey were characterized by above-average moisture across 
the southern portions of the traditional survey area, good habitat in 
the eastern survey area, and late spring conditions across northern 
survey areas. The total pond estimate (prairie Canada and United States 
combined) was 6.4 <plus-minus> 0.2 million. This was 45 percent above 
last year's estimate of 4.4 <plus-minus> 0.2 million ponds and 31 
percent above the long-term average of 4.9 <plus-minus> 0.03 million 
ponds. The 2009 estimate of ponds in prairie Canada was 3.6 <plus-
minus> 0.1 million. This was a 17 percent increase from last year's 
estimate (3.1 <plus-minus> 0.1 million) and was similar to the long-
term average (3.4 <plus-minus> 0.03 million). The 2009 pond estimate 
for the northcentral United States of 2.9 <plus-minus> 0.1 million was 
108 percent above last year's estimate (1.4 <plus-minus> 0.07 million) 
and 87 percent above the long-term average (1.5 <plus-minus> 0.02 
million).

Breeding population status

    In the Waterfowl Breeding Population and Habitat Survey traditional 
survey area (strata 1-18, 20-50, and 75-77), the total duck population 
estimate was 42.0 <plus-minus> 0.7 [SE] million birds. This estimate 
represents a 13 percent increase over last year's estimate of 37.3 
<plus-minus> 0.6 million birds and was 25 percent above the long-term 
average (1955-2008). Estimated mallard (Anas platyrhynchos) abundance 
was 8.5 <plus-minus> 0.2 million birds, which was a 10 percent increase 
over last year's estimate of 7.7 <plus-minus> 0.3 million birds and 13 
percent above the long-term average. Estimated abundance of gadwall (A. 
strepera; 3.1 <plus-minus> 0.2 million) was similar to the 2008 
estimate and 73 percent above the long-term average. Estimated American 
wigeon abundance (A. americana; 2.5 <plus-minus> 0.1 million) was 
similar to 2008 and the long-term average. Estimated abundances of 
green-winged teal (A. crecca; 3.4 <plus-minus> 0.2 million) and blue-
winged teal (A. discors; 7.4 <plus-minus> 0.4 million) were similar to 
last year's estimates and well above their long-term averages (+79 
percent and +60 percent, respectively). Northern shovelers (A. 
clypeata; 4.4 <plus-minus> 0.2 million) were 25 percent above the 2008 
estimate and remain well above their long-term average (+92 percent). 
The estimate for northern pintails (A. acuta) was 3.2 <plus-minus> 0.2 
million, which was 23 percent above the 2008 estimate of 2.6 <plus-
minus> 0.1 million, and 20 percent below the long-term average. 
Estimated abundance of redheads (Aythya americana; 1.0 <plus-minus> 0.1 
million) was similar to last year and 62 percent above the long-term 
average. The canvasback estimate (A. valisineria; 0.7 <plus-minus> 0.06 
million) was 35 percent above the 2008 estimate (0.5 <plus-minus> 0.05 
million) and similar to the long-term average. The scaup estimate (A. 
affinis and A. marila combined; 4.2 <plus-minus> 0.2 million) was 
similar to that of 2008 and 18 percent below the long-term average of 
5.1 <plus-minus> 0.05 million.
    The eastern survey area was restratified in 2005 and is now 
composed of strata 51-72. Estimates of mallards, scaup, scoters (black 
[Melanitta nigra], white-winged [M. fusca], and surf [M. 
perspicillata]), green-winged teal, American wigeon, bufflehead 
(Bucephala albeola), American black duck (Anas rubripes), ring-necked 
duck (Aythya collaris), mergansers (red-breasted [Mergus serrator], 
common [M. merganser], and hooded [Lophodytes cucullatus]), and 
goldeneye (common [B. clangula] and Barrow's [B. islandica]) all were 
similar to their 2008 estimates and long-term averages.

Fall Flight Estimate

    The mid-continent mallard population is composed of mallards from 
the traditional survey area (revised in 2008 to exclude Alaska 
mallards), Michigan, Minnesota, and Wisconsin, and was estimated to be 
10.3 <plus-minus> 0.9 million in 2009. This was similar to the 2008 
estimate of 9.2 <plus-minus> 0.8 million.

Status of Geese and Swans

    We provide information on the population status and productivity of 
North American Canada geese (Branta canadensis), brant (B. bernicla), 
snow geese (Chen caerulescens), Ross' geese (C. rossii ), emperor geese 
(C. canagica), white-fronted geese (Anser albifrons), and tundra swans 
(Cygnus columbianus). In May of 2009, temperatures were 1-5 degrees 
Celsius colder than average throughout the central region of subarctic 
and Arctic Canada. In some locales harsh spring conditions persisted 
into June. In areas near Hudson Bay and the Queen Maud Gulf, goose and 
swan nesting activities were delayed by 1 to 3 weeks. In contrast, 
nesting conditions were favorable near Wrangel Island, Alaska's North 
Slope and eastern interior regions, parts of the Canadian high Arctic, 
and Newfoundland. Improved wetland abundance in the Canadian and U.S. 
prairies, and other temperate regions, will likely improve the 
production of Canada geese that nest at southern latitudes. Primary 
abundance indices decreased for 15 goose populations and increased for 
10 goose populations in 2009 compared to 2008. Primary abundance 
indices for both populations of tundra swans increased in 2009 from 
2008 levels. The following populations displayed significant positive 
trends during the most recent 10-year period (P < 0.05): Mississippi 
Flyway Giant, Aleutian, Atlantic, and Eastern Prairie Canada geese; 
Greater, Western Arctic/Wrangel Island, and Western Central Flyway 
light geese; and Pacific white-fronted geese. No populations showed a 
significant negative 10-year trend. The forecast for the production of 
geese and swans in North America for 2009 is regionally variable, but 
production for many populations will be reduced this year due to harsh 
spring conditions in much of central Canada.

Waterfowl Harvest and Hunter Activity

    National surveys of migratory bird hunters were conducted during 
the 2007 and 2008 hunting seasons. About 1.2 million waterfowl hunters 
harvested 14,578,900 (<plus-minus>4%) ducks and 3,666,100 (<plus-
minus>6%) geese in 2007, and harvested 13,635,700 (<plus-minus>4%) 
ducks and 3,792,600 (<plus-minus>5%) geese in 2008. Mallard, green-
winged teal, gadwall, wood duck (Aix sponsa), and American wigeon were 
the 5 most-harvested duck species in the United States, and Canada 
goose was

[[Page 45345]]

the predominant goose species in the goose harvest. Coot hunters (about 
33,700 in 2007 and 31,100 in 2008) harvested 198,300 (<plus-minus>29%) 
coots in 2007 and 275,900 (+43%) in 2008.

Comments and Issues Concerning Tribal Proposals

    For the 2009-10 migratory bird hunting season, we proposed 
regulations for 28 tribes and/or Indian groups that followed the 1985 
guidelines and were considered appropriate for final rulemaking. Some 
of the proposals submitted by the tribes had both early- and late-
season elements. However, as noted earlier, only those with early-
season proposals are included in this final rulemaking; 23 tribes have 
proposals with early seasons. The comment period for the proposed rule, 
published on August 11, 2009, closed on August 21, 2009. Because of the 
necessary brief comment period, we will respond to any comments on the 
proposed rule and/or these regulations postmarked by August 21, but not 
received prior to final action by us, in the September late-season 
final rule. At this time, we have not received any comments.

NEPA Consideration

    NEPA considerations are covered by the programmatic document 
``Final Supplemental Environmental Impact Statement: Issuance of Annual 
Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88-
14),'' filed with the Environmental Protection Agency on June 9, 1988. 
We published Notice of Availability in the Federal Register on June 16, 
1988 (53 FR 22582). We published our Record of Decision on August 18, 
1988 (53 FR 31341). In addition, an August 1985 environmental 
assessment entitled ``Guidelines for Migratory Bird Hunting Regulations 
on Federal Indian Reservations and Ceded Lands'' is available from the 
street address indicated under the caption ADDRESSES.
    In a notice published in the September 8, 2005, Federal Register 
(70 FR 53376), we announced our intent to develop a new Supplemental 
Environmental Impact Statement for the migratory bird hunting program. 
Public scoping meetings were held in the spring of 2006, as detailed in 
a March 9, 2006, Federal Register (71 FR 12216). A scoping report 
summarizing the scoping comments and scoping meetings is available by 
either writing to the street address indicated under ADDRESSES or by 
viewing on our website at http://www.fws.gov/migratorybirds/.

Endangered Species Act Considerations

    Section 7 of the Endangered Species Act, as amended (16 U.S.C. 
1531-1543; 87 Stat. 884), provides that, ``The Secretary shall review 
other programs administered by him and utilize such programs in 
furtherance of the purposes of this Act'' (and) shall ``insure that any 
action authorized, funded or carried out ... is not likely to 
jeopardize the continued existence of any endangered species or 
threatened species or result in the destruction or adverse modification 
of [critical] habitat...'' Consequently, we conducted consultations to 
ensure that actions resulting from these regulations would not likely 
jeopardize the continued existence of endangered or threatened species 
or result in the destruction or adverse modification of their critical 
habitat. Findings from these consultations are included in the Section 
7 Consultation on the Proposed 2009-10 Migratory Game Bird Hunting 
Regulations (dated August 24, 2009). The consultation concluded that 
the 2009-10 regulations are not likely to jeopardize the continued 
existence of either the whooping crane or Steller's eider. To prevent 
take of whooping cranes, the Contingency Plan for Federal-State 
Cooperative Protection of whooping cranes provides a protective program 
in thirteen States. In addition, the State of Kansas will implement 
specific restrictions to avoid accidental shootings. To prevent take of 
Steller's eiders, the 2009-10 regulations include the continued 
implementation of measures initiated and outlined under the 2009 Alaska 
migratory bird subsistence regulations. These measures include Service 
initiated conservation measures that increase migratory bird hunter 
outreach prior to the opening of the hunting season, increased Service 
enforcement of migratory bird regulations, and conducting in-season 
harvest verification of Steller's eider mortality and injury. 
Additionally, any modifications resulting from this consultation may 
have caused modification of some regulatory measures previously 
proposed. The final frameworks reflect any modifications. Our 
biological opinions resulting from this section 7 consultation are 
public documents available for public inspection in the Service's 
Division of Endangered Species and Division of Migratory Bird 
Management, at the street address indicated under ADDRESSES.

Executive Order 12866

    The Office of Management and Budget has determined that this rule 
is significant and has reviewed this rule under Executive Order 12866. 
OMB bases its determination of regulatory significance upon the 
following four criteria:
    (a) Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of the government.
    (b) Whether the rule will create inconsistencies with other Federal 
agencies' actions.
    (c) Whether the rule will materially affect entitlements, grants, 
user fees, loan programs, or the rights and obligations of their 
recipients.
    (d) Whether the rule raises novel legal or policy issues.
    An Economic Analysis was prepared for the 2008-09 season. This 
analysis was based on data from the 2006 National Hunting and Fishing 
Survey, the most recent year for which data are available (see 
discussion in Regulatory Flexibility Act section below). This analysis 
estimates consumer surplus for three alternatives for duck hunting 
(estimates for other species are not quantified due to lack of data). 
The alternatives are (1) Issue restrictive regulations allowing fewer 
days than those issued during the 2007-08 season, (2) Issues moderate 
regulations allowing more days than those in alternative 1, and (3) 
Issue liberal regulations identical to the regulations in the 2007-08 
season. For the 2008-09 season, we chose alternative 3, with an 
estimated consumer surplus across all flyways of $205-$270 million. For 
the upcoming 2009-10 season, we again considered these three 
alternatives and again chose alternative 3 for ducks. We made minor 
modifications to the season frameworks for some other species, but 
these do not significantly change the economic impacts of the rule, 
which were not quantified for other species. For these reasons, we have 
not conducted a new Economic Analysis, but the 2008-09 analysis is part 
of the record for this rule and is available at http://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or at http://www.regulations.gov.

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

[[Page 45346]]

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 written request from 
the street address indicated under ADDRESSES or from our website 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, it 
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. Therefore, this 
rule is not a ``significant regulatory action'' under the Unfunded 
Mandates Reform Act.

Civil Justice Reform--Executive Order 12988

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

Takings Implication Assessment

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

Energy Effects--Executive Order 13211

    Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. While this rule is a 
significant regulatory action under Executive Order 12866, it is not 
expected to adversely affect energy supplies, distribution, or use. 
Therefore, this action is not a significant energy action and no 
Statement of Energy Effects is required.

Government-to-Government Relationship with Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we 
have evaluated possible effects on Federally-recognized Indian tribes 
and have determined that there are no effects on Indian trust 
resources. However, in the April 10 Federal Register, we solicited 
proposals for special migratory bird hunting regulations for certain 
Tribes on Federal Indian reservations, off-reservation trust lands, and 
ceded lands for the 2009-10 migratory bird hunting season. The 
resulting proposals were contained in an August 11 proposed rule (74 FR 
40138). 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.

Regulations Promulgation

    The rulemaking process for migratory game bird hunting must, by its 
nature, operate under severe time constraints. However, we intend that 
the public be given the greatest possible opportunity to comment. Thus, 
when the preliminary proposed rulemaking was published, we established 
what we believed were the longest periods possible for public comment. 
In doing this, we recognized that when the comment period closed, time 
would be of the essence. That is, if there were a delay in the 
effective date of these regulations after this final rulemaking, Tribes 
would have insufficient time to select season dates and limits; to 
communicate those selections to us; and to establish and publicize the 
necessary regulations and procedures to implement their decisions. We 
find that ``good cause'' exists, within the terms of 5 U.S.C. 553(d)(3) 
of the Administrative Procedure Act, and therefore, under authority of 
the Migratory Bird Treaty Act (July 3, 1918), as amended (16 U.S.C. 
703-711), these regulations will take effect immediately upon 
publication.

[[Page 45347]]

List of Subjects in 50 CFR Part 20

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


0
Accordingly, part 20, subchapter B, chapter I of title 50 of the Code 
of Federal Regulations is amended as follows:

PART 20--[AMENDED]

0
1. The authority citation for part 20 continues to read as follows:

    Authority: Migratory Bird Treaty Act, 40 Stat. 755, 16 U.S.C. 
703-712; Fish and Wildlife Act of 1956, 16 U.S.C. 742a-j; Pub. L. 
106-108, 113 Stat. 1491, Note Following 16 U.S.C. 703.
    (Note: The following hunting regulations provided for by 50 CFR 
20.110 will not appear in the Code of Federal Regulations because of 
their seasonal nature.)

0
2. Section 20.110 is revised to read as follows:


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

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

Doves
    Season Dates: Open September 1, through September 15, 2009; then 
open November 15, through December 29, 2009.
    Daily Bag and Possession Limits: For the early season, daily bag 
limit is 10 mourning or white-winged doves, singly, or in the 
aggregate. For the late season, the daily bag limit is 10 mourning 
doves. Possession limits are twice the daily bag limits.
    General Conditions: All persons 14 years and older must be in 
possession of a valid Colorado River Indian Reservation hunting permit 
before taking any wildlife on tribal lands. Any person transporting 
game birds off the Colorado River Indian Reservation must have a valid 
transport declaration form. Other tribal regulations apply, and may be 
obtained at the Fish and Game Office in Parker, Arizona.

(b) Confederated Salish and Kootenai Tribes, Flathead Indian 
Reservation, Pablo, Montana (Tribal Hunters).

Tribal Members Only
Ducks (including mergansers)
    Season Dates: Open September 1, 2009, through March 9, 2010.
    Daily Bag and Possession Limits: The Tribe does not have specific 
bag and possession restrictions for Tribal members. The season on 
harlequin duck is closed.
Coots
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: Same as ducks.
Geese
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: Same as ducks.
    General Conditions: Tribal and nontribal hunters must comply with 
all basic Federal migratory bird hunting regulations contained in 50 
CFR part 20 regarding manner of taking. In addition, shooting hours are 
sunrise to sunset, and each waterfowl hunter 16 years of age or older 
must carry on his/her person a valid Migratory Bird Hunting and 
Conservation Stamp (Duck Stamp) signed in ink across the stamp face. 
Special regulations established by the Confederated Salish and Kootenai 
Tribes also apply on the reservation.

(c) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet, 
Minnesota (Tribal Members Only).

Ducks:
1854 and 1837 Ceded Territories:
    Season Dates: Begin September 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.
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:
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.
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):
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.
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:
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.
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.
General Conditions:
    1. While hunting waterfowl, a tribal member must carry on his/her 
person a valid tribal waterfowl hunting permit.
    2. Except as otherwise noted, tribal members will be required to 
comply with tribal codes that will be no less restrictive than the 
provisions of Chapter 10 of the Model Off-Reservation Code. These 
regulations parallel Federal requirements in 50 CFR part 20 as to 
hunting methods, transportation, sale, exportation, and other 
conditions generally applicable to migratory bird hunting.
    3. Band members in each zone will comply with State regulations 
providing for closed and restricted waterfowl hunting areas.
    4. There are no possession limits on any species, unless otherwise 
noted above. For purposes of enforcing bag and possession limits, all 
migratory birds in the possession or custody of

[[Page 45348]]

band members on ceded lands will be considered to have been taken on 
those lands unless tagged by a tribal or State conservation warden as 
having been taken on-reservation. All migratory birds that fall on 
reservation lands will not count as part of any off-reservation bag or 
possession limit.

(d) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay, 
Michigan (Tribal Members Only).

All seasons in Michigan, 1836 Treaty Zone:
Ducks
    Season Dates: Open September 20, 2009, through January 18, 2010.
    Daily Bag Limit: 15 ducks, which may include no more than 3 
pintail, 3 canvasback, 3 black ducks, 1 hooded merganser, 5 wood ducks, 
3 redheads, and 7 mallards (only 3 of which may be hens).
Canada and Snow Geese
    Season Dates: Open September 1, through November 30, 2009; and open 
January 1, 2010, through February 8, 2010.
    Daily Bag Limit: 10 geese.
Other Geese (white-fronted geese and brant)
    Season Dates: Open September 20, through November 30, 2009.
    Daily Bag Limit: Five geese.
Sora Rails, Common Snipe, and Woodcock
    Season Dates: Open September 1, through November 14, 2009.
    Daily Bag Limit: 10 rails, 10 snipe, and 5 woodcock.
Mourning Doves
    Season Dates: Open September 1, through November 14, 2009.
    Daily Bag Limit: 10 mourning doves.
    General Conditions: A valid Grand Traverse Band Tribal license is 
required and must be in possession before taking any wildlife. All 
other basic regulations contained in 50 CFR part 20 are valid. Other 
tribal regulations apply, and may be obtained at the tribal office in 
Suttons Bay, Michigan.

(e) Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin 
(Tribal Members Only).

Ducks:
Wisconsin and Minnesota 1837 and 1842 Treaty Areas:
    Season Dates: Begin September 15 and end December 31, 2009.
    Daily Bag Limit: 30 ducks, including no more than 5 black ducks, 5 
pintails, and 5 canvasbacks.
Michigan 1836 Treaty Area:
    Season Dates: Begin September 15 and end December 31, 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 after December 1 will also be open 
concurrently for tribal members.
    Daily Bag Limit: 20 geese in aggregate.
Other Migratory Birds:
Coots and Common Moorhens (Common Gallinules):
    Season Dates: Begin September 15 and end December 31, 2009.
    Daily Bag Limit: 20 coots and common moorhens (common gallinules), 
singly or in the aggregate.
Sora and Virginia Rails:
    Season Dates: Begin September 15 and end December 31, 2009.
    Daily Bag Limits: 20 Sora and Virginia rails, singly or in the 
aggregate.
    Possession Limit: 25.
Common Snipe:
    Season Dates: Begin September 15 and end December 31, 2009.
    Daily Bag Limit: 16 common snipe.
Woodcock:
    Season Dates: Begin September 8 and end December 1, 2009.
    Daily Bag Limit: 10 woodcock.
Mourning Dove: 1837 and 1842 Ceded Territories.
    Season Dates: Begin September 1 and end November 9, 2009.
    Daily Bag Limit: 15.
General Conditions
    1. All tribal members will be required to obtain a valid tribal 
waterfowl hunting permit.
    2. Except as otherwise noted, tribal members will be required to 
comply with tribal codes that will be no less restrictive than the 
model ceded territory conservation codes approved by Federal courts in 
the Lac Courte Oreilles v. State of Wisconsin (Voigt) and Mille Lacs 
Band v. State of Minnesota cases. Chapter 10 in each of these model 
codes regulates ceded territory migratory bird hunting. Both versions 
of Chapter 10 parallel Federal requirements as to hunting methods, 
transportation, sale, exportation, and other conditions generally 
applicable to migratory bird hunting. They also automatically 
incorporate by reference the Federal migratory bird regulations 
contained in 50 CFR part 20.
    3. Particular regulations of note include:
    i. Nontoxic shot is required for all off-reservation waterfowl 
hunting by tribal members.
    ii. Tribal members in each zone shall comply with tribal 
regulations providing for closed and restricted waterfowl hunting 
areas. These regulations generally incorporate the same restrictions 
contained in parallel State regulations.
    iii. Possession limits for each species are double the daily bag 
limit, except on the opening day of the season, when the possession 
limit equals the daily bag limit, unless otherwise noted above.
    Possession limits are applicable only to transportation and do not 
include birds that are cleaned, dressed, and at a member's primary 
residence. For purposes of enforcing bag and possession limits, all 
migratory birds in the possession and custody of tribal members on 
ceded lands will be considered to have been taken on those lands unless 
tagged by a tribal or State conservation warden as taken on reservation 
lands. All migratory birds that fall on reservation lands will not 
count as part of any off-reservation bag or possession limit.
    iv. The baiting restrictions included in section 10.05(2)(h) of the 
model ceded territory conservation code will be amended to include 
language which parallels that in place for non-tribal members as 
published at 64 FR 29799, June 3, 1999.
    v. The shell limit restrictions included in section 10.05(2)(b) of 
the model ceded territory conservation code will be removed.
    vi. Hunting hours shall be from a half hour before sunrise to 15 
minutes after sunset.
    4. Michigan--Duck Blinds and Decoys. Tribal members hunting in 
Michigan will comply with tribal codes that contain provisions parallel 
to Michigan law regarding duck blinds and decoys.

(f) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal 
Members and Nontribal Hunters).

Nontribal Hunters on Reservation
Geese
    Season Dates: Open September 1, through September 13, 2009, for the 
early-season, and open October 2, 2009,

[[Page 45349]]

through January 31, 2010, for the late-season. During this period, days 
to be hunted are specified by the Kalispel Tribe. Nontribal hunters 
should contact the Tribe for more detail on hunting days.
    Daily Bag and Possession Limits: 5 Canada geese for the early 
season, and 3 light geese and 4 dark geese, for the late season. The 
daily bag limit is 2 brant (when the State's season is open) and is in 
addition to dark goose limits for the late-season. The possession limit 
is twice the daily bag limit.
Tribal Hunters Within Kalispel Ceded Lands
Ducks
    Season Dates: Open September 1, 2009, through January 31, 2010.
    Daily Bag and Possession Limits: 7 ducks, including no more than 2 
female mallards, 2 pintail, 1 canvasback, 3 scaup, and 2 redheads. The 
possession limit is twice the daily bag limit.
Geese
    Season Dates: Open September 1, 2009, through January 31, 2010.
    Daily Bag Limit: 6 light geese and 4 dark geese. The daily bag 
limit is 2 brant and is in addition to dark goose limits.
    General: Tribal members must possess a validated Migratory Bird 
Hunting and Conservation Stamp and a tribal ceded lands permit.

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

Ducks
    Season Dates: Open September 19, through December 31, 2009.
    Daily Bag Limits: 10 ducks.
Geese
    Season Dates: Open September 1, through December 31, 2009.
    Daily Bag Limits: 10 geese.
    General: Possession limits are twice the daily bag limits. Shooting 
hours are one-half hour before sunrise to one-half hour after sunset. 
Nontoxic shot is required. Use of live decoys, bait, and commercial use 
of migratory birds are prohibited. Waterfowl may not be pursued or 
taken while using motorized craft.

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

Ducks
    Season Dates: Open September 15, 2009, through January 20, 2010.
    Daily Bag and Possession Limits: 12 ducks, including no more than 2 
pintail, 2 canvasback, 1 hooded merganser, 3 black ducks, 3 wood ducks, 
3 redheads, and 6 mallards (only 3 of which may be hens). The 
possession limit is twice the daily bag limit.
Canada Geese
    Season Dates: Open September 1, 2009, through February 8, 2010.
    Daily Bag and Possession Limits: Five Canada geese and possession 
limit is twice the daily bag limit.
White-fronted Geese, Snow Geese, Ross Geese, and Brant
    Season Dates: Open September 20, through November 30, 2009.
    Daily Bag and Possession Limits: Five birds and the possession 
limit is twice the daily bag limit.
Mourning Doves, Rails, Snipe, and Woodcock
    Season Dates: Open September 1, through November 14, 2009.
    Daily Bag and Possession Limits: 10 doves, 10 rails, 10 snipe, and 
5 woodcock. The possession limit is twice the daily bag limit.
General:
    1. All tribal members are required to obtain a valid tribal 
resource card and 2009-10 hunting license.
    2. Except as modified by the Service rules adopted in response to 
this proposal, these amended regulations parallel all Federal 
regulations contained in 50 CFR part 20.
    3. Particular regulations of note include:
    i. Nontoxic shot will be required for all waterfowl hunting by 
tribal members.
    ii. Tribal members in each zone will comply with tribal regulations 
providing for closed and restricted waterfowl hunting areas. These 
regulations generally incorporate the same restrictions contained in 
parallel State regulations.
    iii. Possession limits for each species are double the daily bag 
limit, except on the opening day of the season, when the possession 
limit equals the daily bag limit, unless otherwise noted above.
    4. Tribal members hunting in Michigan will comply with tribal codes 
that contain provisions parallel to Michigan law regarding duck blinds 
and decoys.

(i) The Little Traverse Bay Bands of Odawa Indians, Petoskey, Michigan 
(Tribal Members Only).

Ducks
    Season Dates: Open September 15, 2009, through December 31, 2009.
    Daily Bag Limits: 20 ducks, including no more than 5 black ducks, 5 
redheads, 5 wood ducks, 5 pintail, 5 hooded merganser, and 5 
canvasback.
Coots and Gallinules
    Season Dates: Open September 1, 2009, through December 31, 2009.
    Daily Bag Limits: 20.
Canada Geese
    Season Dates: Open September 1, 2009, through February 8, 2010.
    Daily Bag Limit: 20.
White-fronted Geese, Snow Geese, and Brant
    Season Dates: Open September 1, 2009, through February 8, 2010.
    Daily Bag Limit: 20 geese in aggregate.
Sora and Virginia Rails
    Season Dates: Open September 1, through December 31, 2009.
    Daily Bag Limit: 20.
Snipe
    Season Dates: Open September 15, through December 31, 2009.
    Daily Bag Limit: 16.
Mourning Doves
    Season Dates: Open September 1, through November 9, 2009.
    Daily Bag Limit: 15.
Woodcock
    Season Dates: Open September 5, through December 1, 2009.
    Daily Bag Limit: 10.
    General: Possession limits are twice the daily bag limits.

(j) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule, 
South Dakota (Tribal Members and Nontribal Hunters).

Tribal Members
Ducks, Mergansers and Coots
    Season Dates: Open September 20, 2009, through March 10, 2010.
    Daily Bag and Possession Limits: Five ducks, including no more than 
five mallards (only one of which may be a hen), two scaup, one mottled 
duck, two redheads, two wood ducks, one canvasback, and one pintail. 
Coot daily bag limit is 15. Merganser daily bag limit is five, 
including no more than two hooded merganser. The possession limit is 
twice the daily bag limit.

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

Ducks
    Season Dates: Open September 19, through December 31, 2009.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than

[[Page 45350]]

two hen mallards, one pintail, one canvasback, one harlequin, and two 
redheads. Possession limit is twice the daily bag limit.
Geese
    Season Dates: Open September 19, through December 31, 2009.
    Daily Bag and Possession Limits: Four geese, and may include no 
more than three light geese. The season on Aleutian Canada geese is 
closed. Possession limit is twice the daily bag limit.
Brant
    Season Dates: Open November 1, 2009, through February 15, 2010.
    Daily Bag and Possession Limits: Two and four, respectively.
Coots
    Season Dates: Open September 19, through December 31, 2009.
    Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
    Season Dates: Open September 19, through December 31, 2009.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
    Season Dates: Open September 19, through December 31, 2009.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-tailed Pigeon
    Season Dates: Open September 19, through December 31, 2009.
    Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
    General: Tribal members must possess a tribal hunting permit from 
the Lower Elwha Klallam Tribe pursuant to tribal law. Hunters must 
observe all basic Federal migratory bird hunting regulations in 50 CFR 
part 20.

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

Band-tailed Pigeons
    Season Dates: Open September 20, through October 31, 2009.
    Daily Bag Limit: Two band-tailed pigeons.
Ducks and Coots
    Season Dates: Open September 27, 2009, through January 25, 2010.
    Daily Bag Limit: Seven ducks including no more than one redhead, 
one pintail, and one canvasback. The seasons on wood duck and harlequin 
are closed.
Geese
    Season Dates: Open September 27, 2009, through January 25, 2010.
    Daily Bag Limit: Four including no more than one brant. The seasons 
on Aleutian and dusky Canada geese are closed.
General
    All other Federal regulations contained in 50 CFR part 20 apply. 
The following restrictions also apply: (1) As per Makah Ordinance 44, 
only shotguns may be used to hunt any species of waterfowl. 
Additionally, shotguns must not be discharged within 0.25 miles of an 
occupied area; (2) Hunters must be eligible, enrolled Makah tribal 
members and must carry their Indian Treaty Fishing and Hunting 
Identification Card while hunting. No tags or permits are required to 
hunt waterfowl; (3) The Cape Flattery area is open to waterfowl 
hunting, except in designated wilderness areas, or within 1 mile of 
Cape Flattery Trail, or in any area that is closed to hunting by 
another ordinance or regulation; (4) The use of live decoys and/or 
baiting to pursue any species of waterfowl is prohibited; (5) Steel or 
bismuth shot only for waterfowl is allowed; the use of lead shot is 
prohibited; (6) The use of dogs is permitted to hunt waterfowl; (7) 
Shooting hours for all species of waterfowl are one-half hour before 
sunrise to one-half hour after sunset; and (8) Open hunting areas are: 
GMUs 601 (Hoko), a portion of the 602 (Dickey) encompassing the area 
north of a line between Norwegian Memorial and east to Highway 101, and 
603 (Pysht).

(m) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal 
Members Only).

Ducks (including mergansers)
    Season Dates: Open September 19, through November 20, 2009, and 
open November 30, through December 6, 2009.
    Daily Bag and Possession Limits: Six, including no more than six 
mallards (three hen mallards), six wood ducks, one redhead, two 
pintail, and one hooded merganser. The possession limit is twice the 
daily bag limit.
Geese
    Season Dates: Open September 1, through November 20, 2009; and open 
November 30, through December 30, 2009.
    Daily Bag and Possession Limits: 5 and 10 Canada geese, 
respectively, from September 1, through September 19, 2009; and 3 and 6 
Canada geese, respectively, the remainder of the season. Hunters will 
be issued five tribal tags during the early season and three tribal 
tags during the late season for geese in order to monitor goose 
harvest. An additional three tags will be issued each time birds are 
registered. A seasonal quota of 300 birds is adopted. If the quota is 
reached before the season concludes, the season will be closed at that 
time.
Woodcock
    Season Dates: Open September 5, through November 8, 2009.
    Daily Bag and Possession Limits: 5 and 10 woodcock, respectively.
Dove
    Season Dates: Open September 1, through November 8, 2009.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
    General Conditions: Tribal member shooting hours are one-half hour 
before sunrise to one-half hour after sunset. Nontribal members hunting 
on the Reservation or on lands under the jurisdiction of the Tribe must 
comply with all State of Wisconsin regulations, including season dates, 
shooting hours, and bag limits which differ from tribal member seasons. 
Tribal members and nontribal members hunting on the Reservation or on 
lands under the jurisdiction of the Tribe will observe all basic 
Federal migratory bird hunting regulations found in 50 CFR part 20, 
with the following exceptions: tribal members are exempt from the 
purchase of the Migratory Waterfowl Hunting and Conservation Stamp 
(Duck Stamp); and shotgun capacity is not limited to three shells.

(n) Point No Point Treaty Council, Kingston, Washington (Tribal Members 
Only).

Ducks
    Season Dates: Open September 1, 2009, through March 10, 2010.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, one canvasback, one harlequin, and 
two redheads. Possession limit is twice the daily bag limit.
Geese
    Season Dates: Open September 15, 2009, through March 10, 2010.
    Daily Bag and Possession Limits: Four geese, and may include no 
more than three light geese. The seasons on Aleutian and Cackling 
Canada geese are closed. Possession limit is twice the daily bag limit.

[[Page 45351]]

Brant
    Season Dates: Open November 1, 2009, through March 10, 2010.
    Daily Bag and Possession Limits: Two and four, respectively.
Coots
    Season Dates: Open September 1, 2009, through March 10, 2010.
    Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
    Season Dates: Open September 1, 2009, through January 31, 2010.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
    Season Dates: Open September 1, 2009, through March 10, 2010.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-tailed Pigeon
    Season Dates: Open September 1, 2009, through March 10, 2010.
    Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
    General: Tribal members must possess a tribal hunting permit from 
the Point No Point Tribal Council pursuant to tribal law. Hunting hours 
are from one-half hour before sunrise to sunset. Hunters must observe 
all other basic Federal migratory bird hunting regulations in 50 CFR 
part 20.

(o) Sault Ste. Marie Tribe of Chippewa Indians, Sault Ste. Marie, 
Michigan (Tribal Members Only).

Ducks and Mergansers
    Season Dates: Open September 15, through December 31, 2009.
    Daily Bag and Possession Limits: 20 ducks, including no more than 5 
hen mallards, 5 black ducks, 5 canvasback, 5 wood ducks, and 10 
mergansers. Possession limit is twice the daily bag limit.
Geese
    Season Dates: Open September 1, through December 31, 2009.
    Daily Bag and Possession Limits: 20 geese in the aggregate. 
Possession limit is twice the daily bag limit.
Coots
    Season Dates: Open September 1, through December 31, 2009.
    Daily Bag and Possession Limits: 20 and 40 coots, respectively.
Mourning Doves
    Season Dates: Open September 1, through November 14, 2009.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
    Season Dates: Open September 15, through December 31, 2009.
    Daily Bag and Possession Limits: 16 and 32 snipe, respectively.
Woodcock
    Season Dates: Open September 2, through December 1, 2009.
    Daily Bag and Possession Limits: 10 and 20 woodcock, respectively.
Sora and Virginia Rails
    Season Dates: Open September 1, through December 31, 2009.
    Daily Bag and Possession Limits: 20 and 20 Sora and Virginia rails 
in the aggregate, respectively.
    General: Tribal members must possess a tribal hunting permit from 
the Sault Ste. Marie Tribe pursuant to tribal law. Shooting hours are 
one-half hour before sunrise until 15 minutes after sunset. Hunters 
must observe all other basic Federal migratory bird hunting regulations 
in 50 CFR part 20.

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

Ducks and Mergansers
    Season Dates: Open September 16, 2009, through February 28, 2010.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, one canvasback, one harlequin per 
season, and two redheads. Possession limit is twice the daily bag limit 
(except for harlequin).
Geese
    Season Dates: Open September 16, 2009, through February 28, 2010.
    Daily Bag and Possession Limits: Four geese, and may include no 
more than three light geese. The season on Aleutian Canada geese is 
closed. Possession limit is twice the daily bag limit.
Brant
    Season Dates: Open November 1, 2009, through February 15, 2010.
    Daily Bag and Possession Limits: Two and four brant, respectively.
Coots
    Season Dates: Open September 16, 2009, through February 28, 2010.
    Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
    Season Dates: Open September 16, 2009, through February 28, 2010.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
    Season Dates: Open September 16, 2009, through February 28, 2010.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-tailed Pigeon
    Season Dates: Open September 16, 2009, through February 28, 2010.
    Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
    General Conditions: All hunters authorized to hunt migratory birds 
on the reservation must obtain a tribal hunting permit from the 
respective Tribe. Hunters are also required to adhere to a number of 
special regulations available at the tribal office.

(q) Squaxin Island Tribe, Squaxin Island Reservation, Shelton, 
Washington (Tribal Members Only).

Ducks
    Season Dates: Open September 1, 2009, through January 15, 2010.
    Daily Bag and Possession Limits: Five ducks, which may include only 
one canvasback. The season on harlequin ducks is closed. Possession 
limit is twice the daily bag limit.
Geese
    Season Dates: Open September 15, 2009, through January 15, 2010.
    Daily Bag and Possession Limits: Four geese, and may include no 
more than two snow geese. The season on Aleutian and cackling Canada 
geese is closed. Possession limit is twice the daily bag limit.
Brant
    Season Dates: Open September 1, through December 31, 2009.
    Daily Bag and Possession Limits: Two and four brant, respectively.
Coots
    Season Dates: Open September 1, 2009, through January 15, 2010.
    Daily Bag Limits: 25 coots.
Snipe
    Season Dates: Open September 15, 2009, and through January 15, 
2010.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-tailed Pigeons
    Season Dates: Open September 1, through December 31, 2009.
    Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
    General Conditions: All tribal hunters must obtain a Tribal Hunting 
Tag and Permit from the Tribe's Natural Resources Department and must 
have the permit, along with the member's

[[Page 45352]]

treaty enrollment card, on his or her person while hunting. Shooting 
hours are one-half hour before sunrise to one-half hour after sunset, 
and steel shot is required for all migratory bird hunting. Other 
special regulations are available at the tribal office in Shelton, 
Washington.

(r) Spokane Tribe of Indians, Spokane Indian Reservation, Wellpinit, 
Washington (Tribal Members Only).

Ducks
    Season Dates: Open September 1, 2009, through January 31, 2010.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, two pintail, one canvasback, three scaup, and 
two redheads. Possession limit is twice the daily bag limit.
Geese
    Season Dates: Open September 1, 2009, through January 31, 2010.
    Daily Bag and Possession Limits: Four dark geese and six light 
geese. Possession limit is twice the daily bag limit.

(s) Tulalip Tribes, Tulalip, Washington (Tribal Members Only).

Ducks
    Season Dates: Open September 15, 2009, through February 28, 2010.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, two pintail, one canvasback, three scaup, and 
two redheads. Possession limit is twice the daily bag limit.
Geese
    Season Dates: Open September 15, 2009, through February 28, 2010.
    Daily Bag and Possession Limits: Seven geese. Possession limit is 
twice the daily bag limit.
Brant
    Season Dates: Open September 15, 2009, through February 28, 2010.
    Daily Bag and Possession Limits: Two and four brant, respectively.
Coots
    Season Dates: Open September 15, 2009, through February 28, 2010.
    Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Snipe
    Season Dates: Open September 15, 2009, and through January 15, 
2010.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
    General Conditions: All tribal hunters must have a valid Tribal ID 
card on his or her person while hunting. Shooting hours are one-half 
hour before sunrise to sunset, and steel shot is required for all 
migratory bird hunting. Hunters must observe all other basic Federal 
migratory bird hunting regulations in 50 CFR part 20.

(t) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal 
Members Only).

Mourning Dove
    Season Dates: Open September 1, through December 31, 2009.
    Daily Bag and Possession Limits: 12 and 15 mourning doves, 
respectively.
    Tribal members must have the tribal identification and harvest 
report card on their person to hunt. Tribal members hunting on the 
Reservation will observe all basic Federal migratory bird hunting 
regulations found in 50 CFR part 20, except shooting hours would be 
one-half hour before official sunrise to one-half hour after official 
sunset.

(u) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal 
Members Only).

Canada Geese
    Season Dates: Open September 14, and through September 28, 2009, 
and open October 29, 2009, through February 25, 2010.
    Daily Bag Limits: 5 Canada geese during the first period, 3 during 
the second.
Snow Geese
    Season Dates: Open September 8, 2009, and through September 22, 
2009, and October 29, 2009, through February 25, 2010.
    Daily Bag Limits: 15 snow geese.
    General Conditions: Shooting hours are one-half hour before sunrise 
to sunset. Nontoxic shot is required. All basic Federal migratory bird 
hunting regulations contained in 50 CFR part 20 will be observed.

(v) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal Members 
Only).

Ducks and Mergansers
    Season Dates: Open September 20, through December 19, 2009.
    Daily Bag Limit for Ducks: 10 ducks, including no more than 2 
mallards and 1 canvasback.
    Daily Bag Limit for Mergansers: Five mergansers, including no more 
than two hooded mergansers.
Geese
    Season Dates: Open September 1, through September 26, 2009, and 
open September 27, through December 19, 2009.
    Daily Bag Limit: Eight geese through September 26 and five 
thereafter.
Coots
    Season Dates: Open September 1, through November 30, 2009.
    Daily Bag Limit: 20 coots.
Sora and Virginia Rails
    Season Dates: Open September 1, through November 30, 2009.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate.
Common Snipe and Woodcock
    Season Dates: Open September 1, through November 30, 2009.
    Daily Bag Limit: 10 snipe and 10 woodcock.

Mourning Dove
    Season Dates: Open September 1, through November 30, 2009.
    Daily Bag Limit: 25 doves.
    General Conditions: Shooting hours are one-half hour before sunrise 
to one-half hour after sunset. Nontoxic shot is required.

(w) White Mountain Apache Tribe, Fort Apache Indian Reservation, 
Whiteriver, Arizona (Tribal Members and Nontribal Hunters).

Band-tailed Pigeons (Wildlife Management Unit 10 and areas south of Y-
70 and Y-10 in Wildlife Management Unit 7, only)
    Season Dates: Open September 1, through September 15, 2009.
    Daily Bag and Possession Limits: Three and six pigeons, 
respectively.
Mourning Doves (Wildlife Management Unit 10 and areas south of Y-70 and 
Y-10 in Wildlife Management Unit 7, only)
    Season Dates: Open September 1, through September 15, 2009.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
    General Conditions: All nontribal hunters hunting band-tailed 
pigeons and mourning doves on Reservation lands shall have in their 
possession a valid White Mountain Apache Daily or Yearly Small Game 
Permit. In addition to a small game permit, all nontribal hunters 
hunting band-tailed pigeons must have in their possession a White 
Mountain Special Band-tailed Pigeon Permit. Other special regulations 
established by the White Mountain Apache Tribe apply on the 
reservation. Tribal and nontribal hunters will comply with all basic 
Federal migratory bird hunting regulations in 50 CFR Part 20 regarding 
shooting hours and manner of taking.


[[Page 45353]]


    Dated: August 27, 2009.
Thomas L. Strickland,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E9-21168 Filed 8-28-09; 4:15 pm]
BILLING CODE 4310-55-S