49292 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations 

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 Late 

Season 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: This rule prescribes special 

late-season migratory bird hunting 

regulations for certain tribes on Federal 

Indian reservations, off-reservation trust 

lands, and ceded lands. This rule 

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 25, 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), or Tina 

Chouinard, Division of Migratory Bird 

Management, U.S. Fish and Wildlife 

Service, (731/432-0981). 

SUPPLEMENTARY INFORMATION: The 

Migratory Bird Treaty Act 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 August 11 proposed rule 

included generalized regulations for 

both early- and late-season hunting, this 

rulemaking addresses only the lateseason proposals. Early-season 

proposals were addressed in a final rule 

published in the September 2, 2009, 

Federal Register (74 FR 51704). As a 

general rule, early seasons begin during 

September each year and have a primary 

emphasis on such species as mourning 

and white-winged dove. Late seasons 

begin about September 24 or later each 

year and have a primary emphasis on 

waterfowl. 

Status of Populations 

In the August 11 proposed rule and 

September 2 final rule, we reviewed the 

status for various populations for which 

seasons were proposed. This 

information included brief summaries of 

the May Breeding Waterfowl and 

Habitat Survey; population status 

reports for blue-winged teal, sandhill 

cranes, woodcock, mourning doves, 

white-winged doves, white-tipped 

doves, and band-tailed pigeons; and the 

status and harvest of waterfowl. The 

tribal seasons established below are 

commensurate with the population 

status. 

For more detailed information on 

methodologies and results, complete 

copies of the various reports are 

available at the street address indicated 

under ADDRESSES or from our website at 

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

NewsPublicationsReports.html. 

Comments and Issues Concerning 

Tribal Proposals 

For the 2009–10 migratory bird 

hunting season, we proposed 

regulations for 29 tribes 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 late-season proposals 

are included in this final rulemaking; 11 

tribes have proposals with late seasons. 

The comment period for the proposed 

rule, published on August 11, 2009, 

closed on August 21, 2009. 

We did not receive any comments on 

our April 10, 2009, proposed rule, 

which announced rulemaking on 

regulations for migratory bird hunting 

by American Indian tribal members, or 

on our August 11, 2009, proposed rule. 

NEPA Consideration 

NEPA considerations are covered by 

the programmatic document ‘‘Final 

Supplemental Environmental Impact 

Statement: Issuance of Annual 

Regulations Permitting the Sport 

Hunting of Migratory Birds (FSES 88- 

14),’’ filed with the Environmental 

Protection Agency on June 9, 1988. We 

published Notice of Availability in the 

Federal Register on June 16, 1988 (53 


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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 13 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 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 

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, the rule 

has an annual effect on the economy of 

$100 million or more. 

Paperwork Reduction Act 

We examined these regulations under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). The various 

recordkeeping and reporting 

requirements imposed under regulations 

established in 50 CFR part 20, subpart 

K, are utilized in the formulation of 

migratory game bird hunting 

regulations. Specifically, OMB has 

approved the information collection 

requirements of our Migratory Bird 


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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 the rule will 

not unduly burden the judicial system 

and that it meets the requirements of 

sections 3(a) and 3(b)(2) of Executive 

Order 12988. 

Takings Implication Assessment 

In accordance with Executive Order 

12630, this rule, authorized by the 

Migratory Bird Treaty Act, does not 

have significant takings implications 

and does not affect any constitutionally 

protected property rights. This rule will 

not result in the physical occupancy of 

property, the physical invasion of 

property, or the regulatory taking of any 

property. In fact, these rules allow 

hunters to exercise otherwise 

unavailable privileges and, therefore, 

reduce restrictions on the use of private 

and public property. 

Energy Effects—Executive Order 13211 

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. 

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. Amend § 20.110 by: 

■ a. Revising paragraphs (a), (b), (f), (j), 

(t) and (u), and 

■ b. Adding paragraphs (x), (y), (z), (aa), 

and (bb), to read as set forth below. 

(Current § 20.110 was published at 74 

FR 51707, September 2, 2009.) 

§ 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 14, through December 28, 

2009. 


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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. 

Ducks (including mergansers) 

Season Dates: Open October 10, 2009, 

through January 24, 2010. 

Daily Bag and Possession Limits: 

Seven ducks, including two hen 

mallards, two redheads, two Mexican 

ducks, two goldeneye, two cinnamon 

teal, three scaup, and one pintail. The 

seasons on canvasback is closed. The 

possession limit is twice the daily bag 

limit. 

Coots and Common Moorhens 

Season Dates: Same as ducks. 

Daily Bag and Possession Limits: 25 

coots and common moorhens, singly or 

in the aggregate. The possession limit is 

twice the daily bag limit. 

Geese 

Season Dates: Open October 17, 2009, 

through January 24, 2010. 

Daily Bag and Possession Limits: 

Three geese, including no more than 

three dark (Canada) geese and three 

white (snow, blue, Ross’s) geese. The 

possession limit is six dark geese and 

six white geese. 

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 Members and 

Nontribal 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. 

Nontribal Hunters 

Ducks (including mergansers) 

Scaup Season Dates: Open October 3, 

2009, through December 27, 2009. 

Season Dates: Open October 3, 2009, 

through January 17, 2010. 

Daily Bag and Possession Limits: 

Seven ducks, including no more than 

two hen mallards, two pintail, three 

scaup (when open), one canvasback, 

and two redheads. The possession limit 

is twice the daily bag limit. 

Coots 

Season Dates: Same as ducks. 

Daily Bag and Possession Limits: The 

daily bag and possession limit is 25. 

Geese 

Dark Geese 

Season Dates: Open October 3, 2009, 

through January 15, 2010. 

Daily Bag and Possession Limits: 4 

and 8 geese, respectively. 

Light Geese 

Season Dates: Open October 3, 2009, 

through January 15, 2010. 

Daily Bag and Possession Limits: 6 

and 12 geese, respectively. 

Youth Waterfowl Hunt 

Season Dates: September 26-27, 2009. 

Daily Bag and Possession Limits: 

Same as ducks. 

General Conditions: Tribal members 

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. 

* * * * * 

(f) Kalispel Tribe, Kalispel Reservation, 

Usk, Washington (Tribal Members and 

Nontribal Hunters). 

Nontribal Hunters on Reservation 

Ducks 

Season Dates: Open September 26, 

2009, through January 31, 2010. During 

this period, days to be hunted are 

specified by the Kalispel Tribe as 

weekends, holidays, and for a 

continuous period in the months of 

October and November, not to exceed 

107 days total. Nontribal hunters should 

contact the Tribe for more detail on 

hunting days. 

Daily Bag and Possession Limits: 

seven ducks, including no more than 

two female mallards, two pintail, 2 

scaup, one canvasback, and two 

redheads. The possession limit is twice 

the daily bag limit. 

Geese 

Season Dates: Open September 1, 

2009, through September 13, 2009, for 

the early-season, and open October 2, 

2009, through January 31, 2010, for the 

late-season. During this period, days to 

be hunted are specified by the Kalispel 

Tribe, not to exceed 107 days total. 

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. 

* * * * * 

(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 19, 

2009, through March 10, 2010. 

Daily Bag and Possession Limits: Six 

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 


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hooded merganser. The possession limit 

is twice the daily bag limit. 

Canada Geese 

Season Dates: Open October 10, 2009, 

through March 10, 2010. 

Daily Bag and Possession Limits: 

Three and six, respectively. 

White-fronted Geese 

Season Dates: Open October 3, 2009, 

through March 10, 2010. 

Daily Bag and Possession Limits: Two 

and four, respectively. 

Light Geese 

Season Dates: Open October 10, 2009, 

through March 10, 2010. 

Daily Bag and Possession Limits: 20 

and 40, respectively. 

Nontribal Hunters 

Ducks (including mergansers and coots) 

Season Dates: Open October 10, 2009, 

through January 14, 2010. 

Daily Bag and Possession Limits: Six 

ducks, including no more than five 

mallards (only one of which may be a 

hen), two scaup, one mottled duck, one 

canvasback, two redheads, two wood 

ducks, and one pintail. Coot daily bag 

limit is 15. Merganser daily bag limit is 

five, including no more than two 

hooded mergansers. The possession 

limit is twice the daily bag limit. 

Canada Geese 

Season Dates: Open October 24, 2009, 

through February 7, 2010. 

Daily Bag and Possession Limits: 

Three and six, respectively. 

White-fronted Geese 

Season Dates: Open October 10, 2009, 

through December 20, 2009. 

Daily Bag and Possession Limits: One 

and two, respectively. 

Light Geese 

Season Dates: Open October 10, 2009, 

through January 10, 2010, and open 

February 26, 2010, through March 10, 

2010. 

Daily Bag and Possession Limits: 20 

and 40, respectively. 

General Conditions: All hunters must 

comply with the basic Federal migratory 

bird hunting regulations in 50 CFR part 

20, including the use of steel shot. 

Nontribal hunters must possess a 

validated Migratory Bird Hunting and 

Conservation Stamp. The Lower Brule 

Sioux Tribe has an official Conservation 

Code that hunters must adhere to when 

hunting in areas subject to control by 

the Tribe. 

* * * * * 

(t) Upper Skagit Indian Tribe, Sedro 

Woolley, Washington (Tribal Members 

Only). 

Ducks 

Season Dates: Open October 1, 2009, 

through February 28, 2010. 

Daily Bag and Possession Limits: 15 

and 20, respectively. The season on 

canvasbacks is closed. 

Coots 

Season Dates: Open October 15, 2009, 

through February 15, 2010. 

Daily Bag and Possession Limits: 20 

and 30, respectively. 

Geese 

Season Dates: Open October 15, 2009, 

through February 28, 2010. 

Daily Bag and Possession Limits: The 

daily bag limits are seven geese and five 

brant. The possession limits for geese 

and brant are 10 and 7, respectively. 

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). 

Teal 

Season Dates: Open October 13, 2009, 

through January 26, 2010. 

Daily Bag Limit: Six teal. 

Ducks 

Season Dates: Open October 29, 2009, 

through February 23, 2010. 

Daily Bag Limit: Six ducks, including 

no more than two hen mallards, two 

black ducks, two mottled ducks, one 

fulvous whistling duck, four 

mergansers, three scaup, one hooded 

merganser, two wood ducks, one 

canvasback, two redheads, and one 

pintail. The season is closed for 

harlequin ducks. 

Sea Ducks 

Season Dates: Open October 12, 2009, 

through February 28, 2010. 

Daily Bag Limit: Seven ducks 

including no more than four of any one 

species (only one of which may be a hen 

eider). 

Woodcock 

Season Dates: Open October 13, 

through November 28, 2009. 

Daily Bag Limit: 3 woodcock. 

Canada Geese 

Season Dates: Open September 14, 

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, 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. 

* * * * * 

(x) Jicarilla Apache Tribe, Jicarilla 

Indian Reservation, Dulce, New Mexico 

(Tribal Members and Nontribal 

Hunters). 

Ducks (including mergansers) 

Season Dates: Open October 10, 

through November 30, 2009. 

Daily Bag and Possession Limits: The 

daily bag limit is seven, including no 

more than two hen mallards, two 

pintail, two redheads, one canvasback, 

and three scaup. The possession limit is 

twice the daily bag limit. 

Canada Geese 

Season Dates: Open October 10, 

through November 30, 2009. 

Daily Bag and Possession Limits: Two 

and four, respectively. 

General Conditions: Tribal and 

nontribal hunters must comply with all 

basic Federal migratory bird hunting 

regulations in 50 CFR part 20 regarding 

shooting hours and manner of taking. In 

addition, each waterfowl hunter 16 

years of age or 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 Jicarilla Tribe also apply on the 

reservation. 

(y) Klamath Tribe, Chiloquin, Oregon 

(Tribal Members Only). 

Ducks 

Season Dates: Open October 1, 2009, 

through January 31, 2010. 

Daily Bag and Possession Limits: 9 

and 18 ducks, respectively. 


pwalker on DSK8KYBLC1PROD with RULES4
Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations 49297 

Coots 

Season Dates: Same as ducks. 

Daily Bag and Possession Limits: 25 

coots. 

Geese 

Season Dates: Same as ducks. 

Daily Bag and Possession Limits: 9 

and 18 geese, respectively. 

General: The Klamath Tribe provides 

its game management officers, 

biologists, and wildlife technicians with 

regulatory enforcement authority, and 

has a court system with judges that hear 

cases and set fines. Nontoxic shot is 

required. Shooting hours are one-half 

hour before sunrise to one-half hour 

after sunset. 

(z) Shoshone-Bannock Tribes, Fort Hall 

Indian Reservation, Fort Hall, Idaho 

(Nontribal Hunters). 

Ducks and Mergansers 

Scaup Season Dates: Open October 3, 

2009, through December 27, 2009. 

Season Dates: Open October 3, 2009, 

through January 17, 2010. 

Daily Bag and Possession Limits: 

Seven ducks and mergansers, including 

no more than two hen mallards, two 

pintail, three scaup (when open), one 

canvasback, and two redheads. The 

possession limit is twice the daily bag 

limit. 

Coots 

Season Dates: Same as ducks. 

Daily Bag and Possession Limits: 25 

coots. The possession limit is twice the 

daily bag limit. 

Geese 

Season Dates: Open October 3, 2009, 

through January 17, 2010. 

Daily Bag and Possession Limits: 6 

light geese and 4 dark geese. The 

possession limit is twice the daily bag 

limit. 

Common Snipe 

Season Dates: Same as ducks. 

Daily Bag and Possession Limits: 8 

and 16 snipe, respectively. 

General Conditions: Nontribal hunters 

must comply with all basic Federal 

migratory bird hunting regulations in 50 

CFR part 20 regarding shooting hours 

and manner of taking. In addition, each 

waterfowl hunter 16 years of age or 

older must possess a valid Migratory 

Bird Hunting and Conservation Stamp 

(Duck Stamp) signed in ink across the 

stamp face. Other regulations 

established by the Shoshone-Bannock 

Tribes also apply on the reservation. 

(aa) Stillaguamish Tribe of Indians, 

Arlington, Washington (Tribal Members 

Only). 

Ducks (including mergansers) 

Season Dates: Open October 1, 2009, 

through February 15, 2010. 

Daily Bag and Possession Limits: 10 

ducks, including no more than 7 

mallards of which only 3 hen mallards, 

3 pintail, 3 canvasback, 3 scaup, and 3 

redheads. The possession limit is twice 

the daily bag limit. 

Coot 

Season Dates: October 1, 2009, 

through January 31, 2010. 

Daily Bag and Possession Limits: 25 

and 50, respectively. 

Geese 

Season Dates: Same as ducks. 

Daily Bag and Possession Limits: 6 

and 12, respectively. 

Brant 

Season Dates: Open October 1, 2009, 

through January 31, 2010. 

Daily Bag and Possession Limits: 3 

and 6, respectively. 

Snipe 

Season Dates: Open October 1, 2009, 

through January 21, 2010. 

Daily Bag and Possession Limits: 10 

and 20, respectively. 

Tribal members hunting on lands will 

observe all basic Federal migratory bird 

hunting regulations found in 50 CFR 

part 20, which will be enforced by the 

Stillaguamish Tribal Law Enforcement. 

Tribal members are required to use steel 

shot or a nontoxic shot as required by 

Federal regulations. 

(bb) Swinomish Indian Tribal 

Community, LaConner, Washington 

(Tribal Members Only). 

Tribal Hunters within Swinomish, 

Lower Skagit, Kikialous, and Samish 

Ceded Lands 

Ducks (including mergansers) 

Season Dates: Open September 26, 

2009, through February 10, 2010. 

Daily Bag and Possession Limits: 10 

ducks and mergansers, including no 

more than 5 hen mallards, 5 pintail, 6 

canvasback, 6 scaup, and 5 redheads. 

The possession limit is twice the daily 

bag limit. 

Coot 

Season Dates: Same as ducks. 

Daily Bag and Possession Limits: 28 

and 56, respectively. 

Geese 

Season Dates: Open October 3, 2009, 

through February 17, 2010. 

Daily Bag and Possession Limits: 8 

and 16, respectively. 

Brant 

Season Dates: Open October 3, 2009, 

through November 18, 2010. 

Daily Bag and Possession Limits: 5 

and 10, respectively. 

Tribal Hunters on Swinomish, Lower 

Skagit, Kikialous, and Samish 

Reservation Lands 

Ducks (including mergansers) 

Season Dates: Open September 26, 

2009, through March 9, 2010. 

Daily Bag and Possession Limits: 10 

ducks and mergansers, including no 

more than 5 hen mallards, 5 pintail, 6 

canvasback, 6 scaup, and 5 redheads. 

The possession limit is twice the daily 

bag limit. 

Coot 

Season Dates: Same as ducks. 

Daily Bag and Possession Limits: 28 

and 56, respectively. 

Geese 

Season Dates: Open October 3, 2009, 

through March 9, 2010. 

Daily Bag and Possession Limits: 8 

and 16, respectively. 

Brant 

Season Dates: Open October 3, 2009, 

through March 9, 2010. 

Daily Bag and Possession Limits: 5 

and 10, respectively. 

Tribal members hunting on lands 

under this proposal will observe all 

basic Federal migratory bird hunting 

regulations found in 50 CFR part 20, 

which will be enforced by the 

Swinomish Lower Skagit, Kikialous, 

and Samish Tribal Law Enforcement. 

Tribal members are required to use steel 

shot or a nontoxic shot as required by 

Federal regulations. 

Dated: September 16, 2009. 

Thomas L. Strickland, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. E9–23034 Filed 9–24–09; 8:45 am 

BILLING CODE 4310–55–S 


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