Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Rules and Regulations 45343 

(b) Application. This section applies 

to the ten States that have had the most 

highway-rail grade crossing collisions, 

on average, during the calendar years 

2006, 2007, and 2008. FRA will notify 

these ten States prior to November 2, 

2009. 

(c) Action Plans. (1) The ten identified 

States shall each develop a State 

highway-rail grade crossing action plan 

and submit such a plan to FRA for 

review and approval not later than 

November 2, 2010. 

(2) A State highway-rail grade 

crossing action plan shall: 

(i) Identify specific solutions for 

improving safety at crossings, including 

highway-rail grade crossing closures or 

grade separations; 

(ii) Focus on crossings that have 

experienced multiple accidents or are at 

high risk for such accidents; and 

(iii) Cover a five-year time period. 

(d) Review and Approval. (1) State 

highway-rail grade crossing action plans 

required under paragraph (c) of this 

section shall be submitted for FRA 

review and approval using at least one 

of the following methods: mail to the 

Associate Administrator for Railroad 

Safety/Chief Safety Officer, U.S. 

Department of Transportation, Federal 

Railroad Administration, 1200 New 

Jersey Ave., SE., W12–140, Washington, 

DC 20590; or e-mail to 

rrs.correspondence@fra.dot.gov. 

(2) FRA will review and approve or 

disapprove a State highway-rail grade 

crossing action plan submitted pursuant 

to paragraph (d) of this section within 

60 days of receipt. 

(3) If the proposed State highway-rail 

grade crossing action plan is 

disapproved, FRA will notify the 

affected State as to the specific areas in 

which the proposed plan is deficient. A 

State shall correct all deficiencies 

within 30 days following receipt of 

written notice from FRA. 

(4) FRA may condition the awarding 

of any grants under 49 U.S.C. 20158, 

20167, or 22501 to an identified State on 

the development of such State’s 

highway-rail grade crossing action plan. 

Issued in Washington, DC, on August 27, 

2009. 

Joseph C. Szabo, 

Administrator, Federal Railroad 

Administration. 

[FR Doc. E9–21089 Filed 9–1–09; 8:45 am] 

BILLING CODE 4910–06–P 

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 earlyand late-season hunting, this 

rulemaking addresses only the earlyseason 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 


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45344 Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Rules and Regulations 

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 ± 0.2 

million. This was 45 percent above last 

year’s estimate of 4.4 ± 0.2 million 

ponds and 31 percent above the longterm average of 4.9 ± 0.03 million 

ponds. The 2009 estimate of ponds in 

prairie Canada was 3.6 ± 0.1 million. 

This was a 17 percent increase from last 

year’s estimate (3.1 ± 0.1 million) and 

was similar to the long-term average (3.4 

± 0.03 million). The 2009 pond estimate 

for the northcentral United States of 2.9 

± 0.1 million was 108 percent above last 

year’s estimate (1.4 ± 0.07 million) and 

87 percent above the long-term average 

(1.5 ± 0.02 million). 

Breeding population status 

In the Waterfowl Breeding Population 

and Habitat Survey traditional survey 

area (strata 1–18, 20–50, and 75–77), the 

total duck population estimate was 42.0 

± 0.7 [SE] million birds. This estimate 

represents a 13 percent increase over 

last year’s estimate of 37.3 ± 0.6 million 

birds and was 25 percent above the 

long-term average (1955–2008). 

Estimated mallard (Anas platyrhynchos) 

abundance was 8.5 ± 0.2 million birds, 

which was a 10 percent increase over 

last year’s estimate of 7.7 ± 0.3 million 

birds and 13 percent above the longterm average. Estimated abundance of 

gadwall (A. strepera; 3.1 ± 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 ± 0.1 million) was 

similar to 2008 and the long-term 

average. Estimated abundances of greenwinged teal (A. crecca; 3.4 ± 0.2 million) 

and blue-winged teal (A. discors; 7.4 ± 

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 ± 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 ± 

0.2 million, which was 23 percent above 

the 2008 estimate of 2.6 ± 0.1 million, 

and 20 percent below the long-term 

average. Estimated abundance of 

redheads (Aythya americana; 1.0 ± 0.1 

million) was similar to last year and 62 

percent above the long-term average. 

The canvasback estimate (A. valisineria; 

0.7 ± 0.06 million) was 35 percent above 

the 2008 estimate (0.5 ± 0.05 million) 

and similar to the long-term average. 

The scaup estimate (A. affinis and A. 

marila combined; 4.2 ± 0.2 million) was 

similar to that of 2008 and 18 percent 

below the long-term average of 5.1 ± 

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 ± 0.9 

million in 2009. This was similar to the 

2008 estimate of 9.2 ± 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 (±4%) ducks and 3,666,100 

(±6%) geese in 2007, and harvested 

13,635,700 (±4%) ducks and 3,792,600 

(±5%) geese in 2008. Mallard, greenwinged teal, gadwall, wood duck (Aix 

sponsa), and American wigeon were the 

5 most-harvested duck species in the 

United States, and Canada goose was 


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Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Rules and Regulations 45345 

the predominant goose species in the 

goose harvest. Coot hunters (about 

33,700 in 2007 and 31,100 in 2008) 

harvested 198,300 (±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 


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45346 Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Rules and Regulations 

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 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 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. 


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Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Rules and Regulations 45347 

List of Subjects in 50 CFR Part 20 

Exports, Hunting, Imports, Reporting 

and recordkeeping requirements, 

Transportation, Wildlife. 

■ Accordingly, part 20, subchapter B, 

chapter I of title 50 of the Code of 

Federal Regulations is amended as 

follows: 

PART 20—[AMENDED] 

■ 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.) 

■ 2. Section 20.110 is revised to read as 

follows: 

§ 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 


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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 offreservation 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, 


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through January 31, 2010, for the lateseason. 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 


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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. 


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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 onehalf 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 


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45352 Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Rules and Regulations 

treaty enrollment card, on his or her 

person while hunting. Shooting hours 

are one-half hour before sunrise to onehalf 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 onehalf hour before official sunrise to onehalf 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 onehalf 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 Y10 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. 


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Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Rules and Regulations 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 226 

[Docket No. 070717355–91122–02] 

RIN 0648–AV74 

Endangered and Threatened Species; 

Critical Habitat for the Endangered 

Distinct Population Segment of 

Smalltooth Sawfish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: We, the National Marine 

Fisheries Service (NMFS), issue a final 

rule to designate critical habitat for the 

U.S. distinct population segment (DPS) 

of smalltooth sawfish (Pristis pectinata), 

which was listed as endangered on 

April 1, 2003, under the Endangered 

Species Act (ESA). The critical habitat 

consists of two units: the Charlotte 

Harbor Estuary Unit, which comprises 

approximately 221,459 acres of coastal 

habitat; and the Ten Thousand Islands/ 

Everglades Unit (TTI/E), which 

comprises approximately 619,013 acres 

of coastal habitat. The two units are 

located along the southwestern coast of 

Florida between Charlotte Harbor and 

Florida Bay. 

DATES: This rule becomes effective 

October 2, 2009. 

ADDRESSES: The final rule, Final 

Regulatory Flexibility Analysis, and 

Final 4(b)(2) Report used in preparation 

of this final rule, as well as comments 

and information received, are available 

on the NMFS Web site at http:// 

www.sero.noaa.gov/, or http:// 

www.regulations.gov, or by contacting 

the National Marine Fisheries Service’s 

Southeast Regional Office, 263 13th 

Avenue, South, St. Petersburg, FL 

33701. 

FOR FURTHER INFORMATION CONTACT: 

Shelley Norton, NMFS, Southeast 

Regional Office, at 727–824–5312; or 

Lisa Manning, NMFS, Office of 

Protected Resources, at 301–713–1401. 

SUPPLEMENTARY INFORMATION: 

Background 

Under the ESA, we are responsible for 

determining whether certain species are 

threatened or endangered and for 

designating critical habitat for such 

species (16 U.S.C. 1533). On April 1, 

2003, we listed the U.S. DPS of 

smalltooth sawfish (‘‘the species’’) as 

endangered (68 FR 15674). At the time 

of listing, we also announced that 

critical habitat was not then 

determinable because we were 

completing ongoing studies necessary 

for the identification of specific habitats 

and environmental features important 

for the conservation of the species. 

Subsequently, we have sponsored 

additional research on the species, its 

habitat use, and its conservation needs. 

Additionally, NMFS has developed a 

recovery plan (NMFS, 2009) for the 

species pursuant to section 4(f) of the 

ESA. We have reviewed the best 

available scientific data and identified 

specific areas in the species’ occupied 

range on which are located those 

physical and biological features 

essential to the conservation of the 

species that may require special 

management considerations or 

protection. We published a proposed 

critical habitat designation for the 

smalltooth sawfish on November 20, 

2008 (73 FR 70290), and requested 

comments by January 20, 2009. On 

December 9, 2008, we published a 

notice in the Federal Register (73 FR 

74681) announcing the dates, times, and 

locations of two public hearings to 

receive public comments on the 

proposed critical habitat rule. In 

addition to the Federal Register notice 

announcing the public hearings, we 

advertised the public hearings in the 

local newspapers (News-Press of Ft. 

Myers on December 8, 2008, and in the 

Naples-News on December 14, 2008). 

During the public comment period we 

received several requests to extend the 

public comment period. On January 29, 

2009, we reopened the public comment 

period until February 13, 2009 (74 FR 

5141). 

The key conservation objective we 

have identified for the species is the 

need to facilitate recruitment into the 

adult sawfish population by protecting 

juvenile nursery areas. We determined 

the location of nursery areas by 

applying a model developed for 

identifying elasmobranch nursery areas 

to smalltooth sawfish encounter data. 

Additionally, we determined that the 

habitat features essential to the 

conservation of the species (also known 

as the essential features) are red 

mangroves and shallow euryhaline 

habitats characterized by water depths 

between the Mean High Water line and 

3 ft (0.9 m) measured at Mean Lower 

Low Water (MLLW). These essential 

features are necessary to facilitate 

recruitment of juveniles into the adult 

population, because they provide for 

predator avoidance and habitat for prey 

in the areas currently being used as 

juvenile nursery areas. We determined 

these features may require special 

management considerations or 

protection due to human and natural 

impacts to the features, including 

development, marine construction, and 

storms. We proposed designating two 

specific areas that are nursery areas and 

contain the essential features necessary 

to the species conservation. The two 

areas are: the Charlotte Harbor Estuary 

Unit, which comprises approximately 

221,459 acres (346 mi2) of coastal 

habitat; and the Ten Thousand Islands/ 

Everglades Unit (TTI/E), which 

comprises approximately 619,013 acres 

(967 mi2) of coastal habitat. The two 

units are located along the southwestern 

coast of Florida between Charlotte 

Harbor and Florida Bay. 

Smalltooth Sawfish Natural History 

The following discussion of the 

distribution, life history, and habitat use 

of the U.S. DPS of smalltooth sawfish is 

based on the best available commercial 

and scientific information, including 

information provided in the Status 

Review (65 FR 12959; March 10, 2000) 

and the Smalltooth Sawfish Recovery 

Plan (January 2009). 

Distribution and Range 

Smalltooth sawfish are tropical 

marine and estuarine elasmobranch 

(e.g., sharks, skates, and rays) fish that 

are reported to have a circumtropical 

distribution. The historic range of the 

smalltooth sawfish in the United States 

extends from Texas to New York 

(NMFS, 2009). The U.S. region that has 

historically harbored the largest number 

of smalltooth sawfish is south and 

southwest Florida from Charlotte Harbor 

to the Dry Tortugas. Most historic 

capture records along the Atlantic coast 

north of Florida are from spring and 

summer months and warmer water 

temperatures. Most specimens captured 

along the Atlantic coast north of Florida 

were also large (greater than 10 ft or 3 

m) adults and thought to represent 

seasonal migrants, wanderers, or 

colonizers from a core or resident 

population(s) to the south rather than 

being resident members of a continuous, 

even-density population (Bigelow and 

Schroeder, 1953). Historic records from 

Texas to the Florida Panhandle suggest 

a similar spring and summer pattern of 

occurrence. While less common, winter 


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