[Federal Register Volume 73, Number 172 (Thursday, September 4, 2008)]
[Rules and Regulations]
[Pages 51704-51712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20475]



[[Page 51703]]

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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 20



Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain 
Federal Indian Reservations and Ceded Lands for the 2008-09 Early 
Season; Final Rule

Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / 
Rules and Regulations

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[FWS-R9-MB-2008-0032; 91200-1231-9BPP-L2]
RIN 1018-AV62


Migratory Bird Hunting; Migratory Bird Hunting Regulations on 
Certain Federal Indian Reservations and Ceded Lands for the 2008-09 
Early Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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

DATES: This rule takes effect on September 1, 2008.

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

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

SUPPLEMENTARY INFORMATION: The Migratory Bird Treaty Act (MBTA) of July 
3, 1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), authorizes and directs 
the Secretary of the Department of the Interior, having due regard for 
the zones of temperature and for the distribution, abundance, economic 
value, breeding habits, and times and lines of flight of migratory game 
birds, to determine when, to what extent, and by what means such birds 
or any part, nest, or egg thereof may be taken, hunted, captured, 
killed, possessed, sold, purchased, shipped, carried, exported, or 
transported.
    In the August 15, 2008, Federal Register (73 FR 48098), we proposed 
special migratory bird hunting regulations for the 2008-09 hunting 
season for certain Indian tribes, under the guidelines described in the 
June 4, 1985, Federal Register (50 FR 23467). The guidelines respond to 
tribal requests for Service recognition of their reserved hunting 
rights, and for some tribes, recognition of their authority to regulate 
hunting by both tribal members and nonmembers on their reservations. 
The guidelines include possibilities for:
    (1) On-reservation hunting by both tribal members and nonmembers, 
with hunting by nontribal members on some reservations to take place 
within Federal frameworks but on dates different from those selected by 
the surrounding State(s);
    (2) On-reservation hunting by tribal members only, outside of usual 
Federal frameworks for season dates and length, and for daily bag and 
possession limits; and
    (3) Off-reservation hunting by tribal members on ceded lands, 
outside of usual framework dates and season length, with some added 
flexibility in daily bag and possession limits.
    In all cases, the regulations established under the guidelines must 
be consistent with the March 10-September 1 closed season mandated by 
the 1918 Migratory Bird Treaty with Canada.
    In the May 28, 2008, Federal Register (73 FR 30712), we requested 
that tribes desiring special hunting regulations in the 2008-09 hunting 
season submit a proposal including details on:
    (a) Harvest anticipated under the requested regulations;
    (b) Methods that would be employed to measure or monitor harvest 
(such as bag checks, mail questionnaires, etc.);
    (c) Steps that would be taken to limit level of harvest, where it 
could be shown that failure to limit such harvest would adversely 
impact the migratory bird resource; and
    (d) Tribal capabilities to establish and enforce migratory bird 
hunting regulations. No action is required if a tribe wishes to observe 
the hunting regulations established by the State(s) in which an Indian 
reservation is located. We have successfully used the guidelines since 
the 1985-86 hunting season. We finalized the guidelines beginning with 
the 1988-89 hunting season (August 18, 1988, Federal Register [53 FR 
31612]).
    Although the proposed rule included generalized regulations for 
both early- and late-season hunting, this rulemaking addresses only the 
early-season proposals. Late-season hunting will be addressed in late 
September. As a general rule, early seasons begin during September each 
year and have a primary emphasis on such species as mourning and white-
winged dove. Late seasons begin about October 1 or later each year and 
have a primary emphasis on waterfowl.

Population Status and Harvest

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

Status of Ducks

    Federal, provincial, and State agencies conduct surveys each spring 
to estimate the size of breeding populations and to evaluate the 
conditions of the habitats. These surveys are conducted using fixed-
wing aircraft and helicopters and encompass principal breeding areas of 
North America, and cover over 2.0 million square miles. The Traditional 
survey area comprises Alaska, Canada, and the northcentral United 
States, and includes approximately 1.3 million square miles. The 
Eastern survey area includes parts of Ontario, Quebec, Labrador, 
Newfoundland, Nova Scotia, Prince Edward Island, New Brunswick, New 
York, and Maine, an area of approximately 0.7 million square miles.
Breeding Ground Conditions
    Habitat conditions during the 2008 Waterfowl Breeding Population 
and Habitat Survey were characterized in many areas by a delayed spring 
compared to several preceding years. Drought in many parts of the 
traditional survey area contrasted sharply with record snow and 
rainfall in the eastern survey area. The total pond estimate (Prairie 
Canada and United States combined) was 4.4 <plus-minus> 0.2 million 
ponds, 37 percent below last year's estimate of 7.0 <plus-minus> 0.3 
million ponds and 10 percent lower than the long-term average of 4.9 
<plus-minus> 0.03 million ponds. The 2008 estimate of ponds in Prairie 
Canada was 3.1 <plus-minus> 0.1 million. This was a 39 percent decrease 
from last year's estimate (5.0 <plus-minus> 0.3 million), and 11 
percent below the 1955-2007 average (3.4 <plus-minus> 0.03 million). 
The 2008 pond estimate for the north-central United States (1.4 <plus-
minus> 0.1 million) was 30 percent lower than last year's estimate (2.0 
<plus-minus> 0.1 million) and 11 percent below the long-term average 
(1.5 <plus-minus> 0.02 million).
Breeding Population Status
    In the Waterfowl Breeding Population and Habitat Survey traditional 
survey area (strata 1-18, 20-50, and 75-77), the total duck population 
estimate was 37.3 <plus-minus> 0.6 [SE] million birds. This was 9 
percent lower than last year's estimate

[[Page 51705]]

of 41.2 <plus-minus> 0.7 million birds, but 11 percent above the 1955-
2007 long-term average. Mallard (Anas platyrhynchos) abundance was 7.7 
<plus-minus> 0.3 million birds, similar to last year's estimate of 8.3 
plusmn; 0.3 million birds and to the long-term average. Blue-winged 
teal (A. discors) estimated abundance was 6.6 <plus-minus> 0.3 million 
birds similar to last year's estimate of 6.7 <plus-minus> 0.4 million 
birds, and 45 percent above the long-term average. Estimated abundances 
of gadwall (A. strepera; 2.7 <plus-minus> 0.2 million) and northern 
shovelers (A. clypeata; 3.5 <plus-minus> 0.2 million) were lower than 
those of last year (-19 percent and -23 percent, respectively), but 
both remained 56 percent above their long-term averages. Estimated 
abundance of American wigeon (A. americana; 2.5 <plus-minus> 0.2 
million) was similar to the 2007 estimate and the long-term average. 
Estimated abundances of green-winged teal (A. crecca; 3.0 <plus-minus> 
0.2 million) and redheads (Aythya americana; 1.1 <plus-minus> 0.1 
million) were similar to last year's, but were each >50 percent above 
their long-term averages. The redhead and green-winged teal estimates 
were the highest and the second highest ever for the traditional survey 
area. The canvasback (A. valisineria) estimate of 0.5 <plus-minus> 0.05 
million was down 44 percent relative to 2007's record high, and 14 
percent below the long-term average. Northern pintails (Anas acuta; 2.6 
<plus-minus> 0.1 million) were 22 percent below last year's estimate 
and 36 percent below their long-term average. The scaup (Aythya affinis 
and A. marila combined; 3.7 <plus-minus> 0.2 million) estimate was 
similar to that of 2007, and remained 27 percent below the long-term 
average.
    The eastern survey area was restratified in 2005 and is now 
composed of strata 51-72. Estimates of mallards, scaup, scoters (black 
[Melanitta nigra], white-winged [M. fusca], and surf [M. 
perspicillata]), green-winged teal, American wigeon, bufflehead (B. 
albeola), American black duck (A. rubripes), ring-necked duck (Aythya 
collaris), mergansers (red-breasted [Mergus serrator], common [M. 
merganser], and hooded [Lophodytes cucullatus]), and goldeneye (common 
[Bucephala clangula] and Barrow's [B. islandica]) all were similar to 
their 2007 estimates and long-term averages.
Fall Flight Estimate
    The mid-continent mallard population is composed of mallards from 
the traditional survey area (revised in 2008 to exclude Alaska 
mallards), Michigan, Minnesota, and Wisconsin, and was estimated to be 
7.7 <plus-minus> 0.3 million. This was similar to the revised 2007 
estimate of 8.5 <plus-minus> 0.3 million. In 2007, we reported a 
projected mallard fall-flight index of 11.4 million <plus-minus> 1.0 
million. After the removal of Alaska mallards from the mid-continent 
stock, the revised 2007 fall-flight estimate was 10.9 <plus-minus> 1.0 
million, which was not significantly different from the 2008 estimate 
of 9.2 <plus-minus> 0.8 million. These indices were based on mid-
continent mallard population models revised in 2002, and the 2008 
updated model weights, and therefore differ from those previously 
published.

Status of Geese and Swans

    We provide information on the population status and productivity of 
North American Canada geese (Branta canadensis), brant (B. bernicla), 
snow geese (Chen caerulescens), Ross' geese (C. rossii), emperor geese 
(C. canagica), white-fronted geese (Anser albifrons), and tundra swans 
(Cygnus columbianus). In May of 2008, much of eastern Arctic and 
subarctic Canada experienced well above-average temperatures which 
contributed to average or early availability of nesting sites. Reports 
from most other important goose and swan nesting areas indicated near-
average nesting phenology and average production of young in 2008. Poor 
nesting conditions were reported from Wrangel Island, Russia and 
relatively small areas along western Hudson Bay, Bristol Bay (Alaska), 
and interior Alaska. Reduced wetland abundance in the Canadian and U.S. 
prairies, and a cool and wet spring in other southern areas may have 
reduced the production of some temperate-nesting Canada geese in 2008. 
Primary abundance indices increased for 17 goose populations and 
decreased for nine goose populations in 2008 compared to 2007. Primary 
abundance indices for both populations of tundra swans decreased in 
2008 from 2007 levels. The following populations displayed significant 
positive trends during the most recent 10-year period (P < 0.05): 
Mississippi Flyway Giant, Aleutian, Atlantic Canada geese, Western 
Arctic/Wrangel Island snow geese, and Pacific white-fronted geese. No 
populations showed a significant negative 10-year trend. The forecast 
for the production of geese and swans in North America in 2008 is 
regionally variable, but production for many populations will be 
improved from the generally low production observed in 2007.

Waterfowl Harvest and Hunter Activity

    National surveys of migratory bird hunters were conducted during 
the 2006 and 2007 hunting seasons. About 1.2 million waterfowl hunters 
harvested 13,808,100 (<plus-minus> 4 percent) ducks and 3,579,100 
(<plus-minus> 5 percent) geese in 2006, and harvested 14,578,900 
(<plus-minus> 4 percent) ducks and 3,666,100 (<plus-minus> 6 percent) 
geese in 2007. Mallard, green-winged teal, gadwall, blue-winged/
cinnamon teal (Anas cyanoptera), and wood duck (Aix sponsa) were the 
most-harvested duck species, and Canada goose was the predominant goose 
species in the harvest. Coot hunters (about 39,400 in 2006 and 33,700 
in 2007) harvested 199,100 (<plus-minus> 29 percent) coots in 2006 and 
198,300 (<plus-minus> 29 percent) in 2007.

Comments and Issues Concerning Tribal Proposals

    For the 2008-09 migratory bird hunting season, we proposed 
regulations for 29 tribes and/or Indian groups that followed the 1985 
guidelines and were considered appropriate for final rulemaking. Some 
of the proposals submitted by the tribes had both early- and late-
season elements. However, as noted earlier, only those with early-
season proposals are included in this final rulemaking; 21 tribes have 
proposals with early seasons. The comment period for the proposed rule, 
published on August 15, 2008, closed on August 25, 2008. Because of the 
necessary brief comment period, we will respond to any comments on the 
proposed rule and/or these regulations postmarked by August 25, but not 
received prior to final action by us, in the September late-season 
final rule.

Great Lakes Indian Fish and Wildlife Commission's (GLIFWC) Proposal

    We received one comment on the August 15 proposed rule from the 
GLIWFC. The GLIFWC disagreed with our proposal to not remove the 
species restriction on mallards. Based on their harvest information, 
they estimate that about 600 mallards were taken by tribal hunters last 
year. Further, they stated that these birds were harvested from a large 
geographic area and reiterated the results from their harvest survey 
that showed very few tribal hunters reaching their daily bag limit.
    Service Response: As we stated in the August 15 proposed rule, 
under the GLIFWC proposed regulations, GLIFWC expects modifications to 
the mallard bag limits to have no appreciable impact on the mallard 
population since the total estimated mallard harvest last year was 
approximately 600 birds, tribal members averaged just 2.1 ducks per 
hunting trip, and only 1 survey respondent reported harvesting more 
than 10 ducks of all species on his best day of hunting last year. 
Thus, GLIFWC expects that this proposed change is likely to affect, at

[[Page 51706]]

most, a few individual hunters on a few individual days, and to have no 
appreciable effect on mallard populations.
    Further review of recent GLIFWC harvest surveys (1996-98, 2001, and 
2004) indicate that tribal off-reservation waterfowl harvest has 
averaged less than 1,000 ducks and 120 geese annually. In the latest 
survey year (2004), an estimated 53 hunters took an estimated 421 trips 
and harvested 645 ducks (1.5 ducks per trip) and 84 geese (0.2 geese 
per trip). Further, in the last 5 years of harvest surveys, only 1 
hunter reported harvesting 20 ducks in a single day. Analysis of hunter 
survey data over the period in question (1996-2004) indicates a general 
downward trend in both harvest and hunter participation.
    While we have expressed concerns in the past (October 15, 2007 
Federal Register, 72 FR 58452 and the August 15, 2008, proposed rule) 
with GLIFWC's proposal for removal of mallard restrictions within the 
overall duck daily bag limits in the 1837, 1842, and 1836 Treaty Areas, 
we now believe that an increase in the daily bag limit of mallards (by 
removal of the internal bag limit restriction) from 10 mallards per day 
to 30 mallards per day in the 1837 and 1842 Treaty Areas and 20 
mallards per day in the 1836 Treaty Area would have no significant 
conservation impacts on locally-breeding mallards. We have reached this 
conclusion based largely on the fact that the tribal harvest, both past 
and anticipated, is relatively minuscule--around 600 mallards--and 
widely distributed. However, we reiterate our request for GLIFWC to 
continue with their current harvest survey based on our implementation 
of a pilot bag limit increase for ducks in the 1837 and 1842 Treaty 
Areas last year. We believe the pilot bag limits implemented last year 
should warrant at least several years of data evaluation using GLIFWC's 
current harvest survey.
    Finally, last year, in the August 31, 2007, proposed rule (72 FR 
50596), we proposed daily bag limit restrictions for scaup and wood 
ducks (a daily bag limit of 5 for each). We proposed these particular 
restrictions on these species primarily because scaup have experienced 
a long-term population decline and wood ducks might be susceptible to 
local over-harvest. However, in GLIFWC's comments on that proposed 
rule, they requested removal of the Service's proposed bag limit 
restrictions on scaup and wood ducks and further noted that neither of 
these species have had a within bag limit species restriction in the 
past. They also stated that they were committed to appropriate harvest 
monitoring (with the understanding that this monitoring would be 
sufficient to identify any localized population impacts). In the 
October 15, 2007, final rule (72 FR 58452), we agreed with GLIFWC and 
stated our willingness to work with them to closely monitor tribal 
harvest through either GLIFWC's own increased harvest surveys or 
GLIFWC's assisting the Service to survey tribal hunters. However, we 
mistakenly failed to correct the species restrictions on scaup and wood 
ducks in either the October 15, 2007, final rule, or the August 15 
proposed rule for this season. We are making that correction in this 
final rule.

NEPA Consideration

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

Endangered Species Act Considerations

    Section 7 of the Endangered Species Act, as amended (16 U.S.C. 
1531-1543; 87 Stat. 884), provides that, ``The Secretary shall review 
other programs administered by him and utilize such programs in 
furtherance of the purposes of this Act'' (and) shall ``insure that any 
action authorized, funded or carried out * * * is not likely to 
jeopardize the continued existence of any endangered species or 
threatened species or result in the destruction or adverse modification 
of [critical] habitat * * *'' Consequently, we conducted consultations 
to ensure that actions resulting from these regulations would not 
likely jeopardize the continued existence of endangered or threatened 
species or result in the destruction or adverse modification of their 
critical habitat. Findings from these consultations are included in a 
biological opinion and may have caused modification of some regulatory 
measures previously proposed. The final frameworks reflect any 
modifications. Our biological opinions resulting from this section 7 
consultation are public documents available for public inspection in 
the Service's Division of Endangered Species and Division of Migratory 
Bird Management, at the address indicated under ADDRESSES.

Executive Order 12866

    The Office of Management and Budget has determined that this rule 
is significant and has reviewed this rule under Executive Order 12866. 
OMB bases its determination upon the following four criteria:
    (a) Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of the government.
    (b) Whether the rule will create inconsistencies with other Federal 
agencies' actions.
    (c) Whether the rule will materially affect entitlements, grants, 
user fees, loan programs, or the rights and obligations of their 
recipients.
    (d) Whether the rule raises novel legal or policy issues.

Regulatory Flexibility Act

    The regulations have a significant economic impact on substantial 
numbers of small entities under the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.). We analyzed the economic impacts of the annual 
hunting regulations on small business entities in detail as part of the 
1981 cost-benefit analysis discussed under Executive Order 12866. This 
analysis was revised annually from 1990-95. In 1995, the Service issued 
a Small Entity Flexibility Analysis (Analysis), which was subsequently 
updated in 1996, 1998, 2004, and 2008. The primary source of 
information about hunter expenditures for migratory game bird hunting 
is the National Hunting and Fishing Survey, which is conducted at 5-
year intervals. The 2008 Analysis was based on the 2006 National 
Hunting and Fishing Survey and the U.S. Department of Commerce's County 
Business Patterns, from which it was estimated that migratory bird 
hunters would spend approximately $1.2 billion at small businesses in 
2008. Copies of the Analysis are available upon request from the 
address indicated under

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ADDRESSES or from our Web site at http://www.fws.gov/migratorybirds/reports/reports.html or at http://www.regulations.gov.

Small Business Regulatory Enforcement Fairness Act

    This rule is a major rule under 5 U.S.C. 804(2), the Small Business 
Regulatory Enforcement Fairness Act. For the reasons outlined above, 
this rule has an annual effect on the economy of $100 million or more. 
However, because this rule establishes hunting seasons, we do not plan 
to defer the effective date under the exemption contained in 5 U.S.C. 
808 (1).

Paperwork Reduction Act

    We examined these regulations under the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.). The various recordkeeping and reporting 
requirements imposed under regulations established in 50 CFR part 20, 
Subpart K, are utilized in the formulation of migratory game bird 
hunting regulations. Specifically, OMB has approved the information 
collection requirements of our Migratory Bird Surveys and assigned 
control number 1018-0023 (expires 2/28/2011). This information is used 
to provide a sampling frame for voluntary national surveys to improve 
our harvest estimates for all migratory game birds in order to better 
manage these populations. OMB has also approved the information 
collection requirements of the Alaska Subsistence Household Survey, an 
associated voluntary annual household survey used to determine levels 
of subsistence take in Alaska, and assigned control number 1018-0124 
(expires 1/31/2010). A Federal agency may not conduct or sponsor and a 
person is not required to respond to a collection of information unless 
it displays a currently valid OMB control number.

Unfunded Mandates Reform Act

    We have determined and certify, in compliance with the requirements 
of the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this 
rulemaking will not impose a cost of $100 million or more in any given 
year on local or State government or private entities. Therefore, this 
rule is not a ``significant regulatory action'' under the Unfunded 
Mandates Reform Act.

Civil Justice Reform--Executive Order 12988

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

Takings Implication Assessment

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

Energy Effects--Executive Order 13211

    On May 18, 2001, the President issued Executive Order 13211 on 
regulations that significantly affect energy supply, distribution, and 
use. Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. While this rule is a 
significant regulatory action under Executive Order 12866, it is not 
expected to adversely affect energy supplies, distribution, or use. 
Therefore, this action is not a significant energy action and no 
Statement of Energy Effects is required.

Federalism Effects

    Due to the migratory nature of certain species of birds, the 
Federal Government has been given responsibility over these species by 
the Migratory Bird Treaty Act. We annually prescribe frameworks from 
which the States make selections regarding the hunting of migratory 
birds, and we employ guidelines to establish special regulations on 
Federal Indian reservations and ceded lands. This process preserves the 
ability of the States and tribes to determine which seasons meet their 
individual needs. Any State or Indian tribe may be more restrictive 
than the Federal frameworks at any time. The frameworks are developed 
in a cooperative process with the States and the Flyway Councils. This 
process allows States to participate in the development of frameworks 
from which they will make selections, thereby having an influence on 
their own regulations. These rules do not have a substantial direct 
effect on fiscal capacity, change the roles or responsibilities of 
Federal or State governments, or intrude on State policy or 
administration. Therefore, in accordance with Executive Order 13132, 
these regulations do not have significant federalism effects and do not 
have sufficient federalism implications to warrant the preparation of a 
Federalism Assessment.

Government-to-Government Relationship With Tribes

    Due to the migratory nature of certain species of birds, the 
Federal Government has been given responsibility over these species by 
the Migratory Bird Treaty Act. Thus, in accordance with the President's 
memorandum of April 29, 1994, ``Government-to-Government Relations with 
Native American Tribal Governments'' (59 FR 22951), Executive Order 
13175, and 512 DM 2, we have evaluated possible effects on federally 
recognized Indian tribes and have determined that there are no effects 
on Indian trust resources. However, by virtue of the tribal proposals 
process, we have consulted with all the tribes affected by this rule.

List of Subjects in 50 CFR Part 20

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

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

PART 20--[AMENDED]

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

    Authority: Migratory Bird Treaty Act, 40 Stat. 755, 16 U.S.C. 
703-712; Fish and Wildlife Act of 1956, 16 U.S.C. 742a-j; Pub. L. 
106-108, 113 Stat. 1491, Note Following 16 U.S.C. 703.


    (Note: The following hunting regulations provided for by 50 CFR 
20.110 will not appear in the Code of Federal Regulations because of 
their seasonal nature.)


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


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

    (a) Colorado River Indian Tribes, Parker, Arizona (Tribal Members 
and Nontribal Hunters).
Doves
    Season Dates: Open September 1, through September 15, 2008; then 
open November 15, through December 29, 2008.
    Daily Bag and Possession Limits: For the early season, daily bag 
limit is 10 mourning or white-winged doves, singly, or in the 
aggregate. For the late season, the daily bag limit is 10 mourning 
doves. Possession limits are twice the daily bag limits.

[[Page 51708]]

    General Conditions: All persons 14 years and older must be in 
possession of a valid Colorado River Indian Reservation hunting permit 
before taking any wildlife on tribal lands. Any person transporting 
game birds off the Colorado River Indian Reservation must have a valid 
transport declaration form. Other tribal regulations apply, and may be 
obtained at the Fish and Game Office in Parker, Arizona.
    (b) Confederated Salish and Kootenai Tribes, Flathead Indian 
Reservation, Pablo, Montana (Tribal Hunters).

Tribal Members Only

Ducks (Including Mergansers)
    Season Dates: Open September 1, 2008, through March 9, 2009.
    Daily Bag and Possession Limits: The Tribe does not have specific 
bag and possession restrictions for Tribal members. The season on 
harlequin duck is closed.
Coots
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: Same as ducks.
Geese
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: Same as ducks.
    General Conditions: Tribal and nontribal hunters must comply with 
all basic Federal migratory bird hunting regulations contained in 50 
CFR part 20 regarding manner of taking. In addition, shooting hours are 
sunrise to sunset, and each waterfowl hunter 16 years of age or older 
must carry on his/her person a valid Migratory Bird Hunting and 
Conservation Stamp (Duck Stamp) signed in ink across the stamp face. 
Special regulations established by the Confederated Salish and Kootenai 
Tribes also apply on the reservation.
    (c) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet, 
Minnesota (Tribal Members Only).
Ducks
1854 and 1837 Ceded Territories:

    Season Dates: Begin September 13 and end November 30, 2008.
    Daily Bag Limit: 18 ducks, including no more than 12 mallards (only 
3 of which may be hens), 3 black ducks, 6 scaup, 6 wood ducks, 6 
redheads, 3 pintails, and 3 canvasbacks.

Reservation:
    Season Dates: Begin September 6 and end November 30, 2008.
    Daily Bag Limit: 12 ducks, including no more than 8 mallards (only 
2 of which may be hens), 2 black ducks, 4 scaup, 4 redheads, 2 
pintails, 4 wood ducks, and 2 canvasbacks.

Mergansers
1854 and 1837 Ceded Territories:

    Season Dates: Begin September 13 and end November 30, 2008.
    Daily Bag Limit: 15 mergansers, including no more than 6 hooded 
mergansers.

Reservation:

    Season Dates: Begin September 6 and end November 30, 2008.
    Daily Bag Limit: 10 mergansers, including no more than 4 hooded 
mergansers.
Canada Geese: All Areas
    Season Dates: Begin September 1 and end November 30, 2008.
    Daily Bag Limit: 20 geese.
Coots and Common Moorhens (Common Gallinules)
1854 and 1837 Ceded Territories:

    Season Dates: Begin September 13 and end November 30, 2008.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.

Reservation:

    Season Dates: Begin September 6 and end November 30, 2008.
    Daily Bag Limit: 25 coots and common moorhens, singly or in the 
aggregate.
Sora and Virginia Rails
1854 and 1837 Ceded Territories:

    Season Dates: Begin September 1 and end November 30, 2008.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate.

Reservation:

    Season Dates: Begin September 1 and end December 2, 2008.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate.
Common Snipe: All Areas
    Season Dates: Begin September 1 and end November 30, 2008.
    Daily Bag Limit: Eight common snipe.
Woodcock: All Areas
    Season Dates: Begin September 1 and end November 30, 2008.
    Daily Bag Limit: Three woodcock.
Mourning dove: All Areas
    Season Dates: Begin September 1 and end November 30, 2008.
    Daily Bag Limit: 30 mourning dove.
    General Conditions:
    1. While hunting waterfowl, a tribal member must carry on his/her 
person a valid tribal waterfowl hunting permit.
    2. Except as otherwise noted, tribal members will be required to 
comply with tribal codes that will be no less restrictive than the 
provisions of Chapter 10 of the Model Off-Reservation Code. These 
regulations parallel Federal requirements in 50 CFR part 20 as to 
hunting methods, transportation, sale, exportation, and other 
conditions generally applicable to migratory bird hunting.
    3. Band members in each zone will comply with State regulations 
providing for closed and restricted waterfowl hunting areas.
    4. There are no possession limits on any species, unless otherwise 
noted above. For purposes of enforcing bag and possession limits, all 
migratory birds in the possession or custody of band members on ceded 
lands will be considered to have been taken on those lands unless 
tagged by a tribal or State conservation warden as having been taken 
on-reservation. All migratory birds that fall on reservation lands will 
not count as part of any off-reservation bag or possession limit.
    (d) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons 
Bay, Michigan (Tribal Members Only).

All seasons in Michigan, 1836 Treaty Zone:
Ducks
    Season Dates: Open September 20, 2008, through January 18, 2009.
    Daily Bag Limit: 12 ducks, which may include no more than 2 
pintail, 2 canvasback, 3 black ducks, 1 hooded merganser, 3 wood ducks, 
3 redheads, and 6 mallards (only 3 of which may be hens).
Canada and Snow Geese
    Season Dates: Open September 1, through November 30, and open 
January 1, 2009, through February 8, 2009.
    Daily Bag Limit: Five geese.
Other Geese (white-fronted geese and brant)
    Season Dates: Open September 20, through November 30, 2008.
    Daily Bag Limit: Five geese.
Sora Rails, Common Snipe, and Woodcock
    Season Dates: Open September 1, through November 14, 2008.
    Daily Bag Limit: 10 rails, 10 snipe, and 5 woodcock.
Mourning Doves
    Season Dates: Open September 1, through November 14, 2008.
    Daily Bag Limit: 10 mourning doves.
    General Conditions: A valid Grand Traverse Band Tribal license is 
required and must be in possession before taking any wildlife. All 
other basic regulations contained in 50 CFR part 20 are valid.

[[Page 51709]]

Other tribal regulations apply, and may be obtained at the tribal 
office in Suttons Bay, Michigan.
    (e) Great Lakes Indian Fish and Wildlife Commission, Odanah, 
Wisconsin (Tribal Members Only).
Ducks
Wisconsin and Minnesota 1837 and 1842 Treaty Areas:

    Season Dates: Begin September 15 and end December 31, 2008.
    Daily Bag Limit: 30 ducks, including no more than 5 black ducks, 5 
pintails, and 5 canvasbacks.

Michigan 1836 Treaty Area:

    Season Dates: Begin September 15 and end December 31, 2008.
    Daily Bag Limit: 20 ducks, including no more than 5 black ducks, 5 
pintails, and 5 canvasbacks.
Mergansers: All Ceded Areas
    Season Dates: Begin September 15 and end December 31, 2008.
    Daily Bag Limit: 10 mergansers.
Geese: All Ceded Areas
    Season Dates: Begin September 1 and end December 31, 2008. In 
addition, any portion of the ceded territory that is open to State-
licensed hunters for goose hunting after December 1 will also be open 
concurrently for tribal members.
    Daily Bag Limit: 20 geese in aggregate.

Other Migratory Birds

Coots and Common Moorhens (Common Gallinules)
    Season Dates: Begin September 1 and end December 31, 2008.
    Daily Bag Limit: 20 coots and common moorhens (common gallinules), 
singly or in the aggregate.
Sora and Virginia Rails
    Season Dates: Begin September 1 and end December 31, 2008.
    Daily Bag Limit: 20, singly or in the aggregate.
Common Snipe
    Season Dates: Begin September 15 and end December 31, 2008.
    Daily Bag Limit: 16 common.
Woodcock
    Season Dates: Begin September 5 and end December 1, 2008.
    Daily Bag Limit: 10 woodcock.
Mourning Dove

1837 and 1842 Ceded Territories:
    Season Dates: Begin September 1 and end November 9, 2008.
    Daily Bag Limit: 15.
    General Conditions:
    1. All tribal members will be required to obtain a valid tribal 
waterfowl hunting permit.
    2. Except as otherwise noted, tribal members will be required to 
comply with tribal codes that will be no less restrictive than the 
model ceded territory conservation codes approved by Federal courts in 
the Lac Courte Oreilles v. State of Wisconsin (Voigt) and Mille Lacs 
Band v. State of Minnesota cases. Chapter 10 in each of these model 
codes regulates ceded territory migratory bird hunting. Both versions 
of Chapter 10 parallel Federal requirements as to hunting methods, 
transportation, sale, exportation, and other conditions generally 
applicable to migratory bird hunting. They also automatically 
incorporate by reference the Federal migratory bird regulations adopted 
in response to this proposal.
    3. Particular regulations of note include:
    i. Nontoxic shot will be required for all off-reservation waterfowl 
hunting by tribal members.
    ii. Tribal members in each zone will comply with tribal regulations 
providing for closed and restricted waterfowl hunting areas. These 
regulations generally incorporate the same restrictions contained in 
parallel State regulations.
    iii. Possession limits for each species are double the daily bag 
limit, except on the opening day of the season, when the possession 
limit equals the daily bag limit, unless otherwise noted above. 
Possession limits are applicable only to transportation and do not 
include birds that are cleaned, dressed, and at a member's primary 
residence. For purposes of enforcing bag and possession limits, all 
migratory birds in the possession and custody of tribal members on 
ceded lands will be considered to have been taken on those lands unless 
tagged by a tribal or State conservation warden as taken on reservation 
lands. All migratory birds that fall on reservation lands will not 
count as part of any off-reservation bag or possession limit.
    iv. The baiting restrictions included in section 10.05(2)(h) of the 
model ceded territory conservation code will be amended to include 
language which parallels that in place for non-tribal members as 
published at 64 FR 29799, June 3, 1999.
    v. The shell limit restrictions included in section 10.05(2)(b) of 
the model ceded territory conservation code will be removed.
    vi. Hunting hours shall be from a half hour before sunrise to 15 
minutes after sunset.
    4. Michigan--Duck Blinds and Decoys. Tribal members hunting in 
Michigan will comply with tribal codes that contain provisions parallel 
to Michigan law regarding duck blinds and decoys.
    (f) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal 
Members and Nontribal Hunters).

Nontribal Hunters on Reservation

Geese
    Season Dates: Open September 1, 2008, through September 14, for the 
early-season, and open October 1, through January 31, 2009, for the 
late-season. During this period, days to be hunted are specified by the 
Kalispel Tribe. Nontribal hunters should contact the Tribe for more 
detail on hunting days.
    Daily Bag and Possession Limits: 5 Canada geese for the early 
season, and 3 light geese and 4 dark geese, for the late season. The 
daily bag limit is 2 brant and is in addition to dark goose limits for 
the late-season. The possession limit is twice the daily bag limit.

Tribal Hunters Within Kalispel Ceded Lands

Ducks
    Season Dates: Open September 1, 2008, through January 31, 2009.
    Daily Bag and Possession Limits: 7 ducks, including no more than 2 
female mallards, 4 scaup, and 2 redheads. The seasons on canvasbacks 
and pintail are closed. The possession limit is twice the daily bag 
limit.
Geese
    Season Dates: Open September 1, 2008, through January 31, 2009.
    Daily Bag Limit: 3 light geese and 4 dark geese. The daily bag 
limit is 2 brant and is in addition to dark goose limits.
    General: Tribal members must possess a validated Migratory Bird 
Hunting and Conservation Stamp and a tribal ceded lands permit.
    (g) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members 
Only).
Ducks
    Youth Season Date: September 20, 2008.
    Regular Season Dates: Open September 27, through December 31, 2008.
    Daily Bag Limits: 10 ducks.
Geese
    Season Dates: Open September 6, through December 31, 2008.
    Daily Bag Limits: 10 geese.
    General: Possession limits are twice the daily bag limits. Shooting 
hours are one-half hour before sunrise to one-half hour after sunset. 
Nontoxic shot is required. Use of live decoys, bait, and

[[Page 51710]]

commercial use of migratory birds are prohibited. Waterfowl may not be 
pursued or taken while using motorized craft.
    (h) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal 
Members Only).
Ducks
    Season Dates: Open September 15, 2008, through January 20, 2009.
    Daily Bag and Possession Limits: 12 ducks, including no more than 2 
pintail, 2 canvasback, 1 hooded merganser, 3 black ducks, 3 wood ducks, 
3 redheads, and 6 mallards (only 3 of which may be hens). The 
possession limit is twice the daily bag limit.
Canada Geese
    Season Dates: Open September 1, through February 8, 2009.
    Daily Bag and Possession Limits: Five Canada geese and possession 
limit is twice the daily bag limit.
White-fronted Geese, Snow Geese, Ross Geese, and Brant
    Season Dates: Open September 20, through November 30, 2008.
    Daily Bag and Possession Limits: Five birds and the possession 
limit is twice the daily bag limit.
Mourning Doves, Rails, Snipe, and Woodcock
    Season Dates: Open September 1, through November 14, 2008.
    Daily Bag and Possession Limits: 10 doves, 10 rails, 10 snipe, and 
5 woodcock. The possession limit is twice the daily bag limit.
    General:
    1. All tribal members are required to obtain a valid tribal 
resource card and 2008-09 hunting license.
    2. Except as modified by the Service rules adopted in response to 
this proposal, these amended regulations parallel all Federal 
regulations contained in 50 CFR part 20.
    3. Particular regulations of note include:
    i. Nontoxic shot will be required for all waterfowl hunting by 
tribal members.
    ii. Tribal members in each zone will comply with tribal regulations 
providing for closed and restricted waterfowl hunting areas. These 
regulations generally incorporate the same restrictions contained in 
parallel State regulations.
    iii. Possession limits for each species are double the daily bag 
limit, except on the opening day of the season, when the possession 
limit equals the daily bag limit, unless otherwise noted above.
    4. Tribal members hunting in Michigan will comply with tribal codes 
that contain provisions parallel to Michigan law regarding duck blinds 
and decoys.
    (i) The Little Traverse Bay Bands of Odawa Indians, Petoskey, 
Michigan (Tribal Members Only).
Ducks
    Season Dates: Open September 15, 2008, through January 20, 2009.
    Daily Bag Limits: 12 ducks, including no more than 6 mallards (only 
3 of which may be hens), 3 black ducks, 3 redheads, 3 wood ducks, 2 
pintail, 1 hooded merganser, and 2 canvasback.
Coots and Gallinules
    Season Dates: Same as ducks.
    Daily Bag Limits: 12.
Canada Geese
    Season Dates: Open September 1, 2008, through February 8, 2009.
    Daily Bag Limit: Five geese.
White-fronted Geese, Snow Geese, and Brant
    Season Dates: Open September 1, through November 30, 2008.
    Daily Bag Limit: 10 of each species.
Sora Rails, Snipe, and Mourning Doves
    Season Dates: Open September 1, through November 14, 2008.
    Daily Bag Limit: 10 of each species.
Woodcock
    Season Dates: Open September 1, through November 14, 2008.
    Daily Bag Limit: Five woodcock.
    General: Possession limits are twice the daily bag limits.
    (j) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule, 
South Dakota (Tribal Members and Nontribal Hunters).

Tribal Members

Ducks, Mergansers and Coots
    Season Dates: Open September 20, 2008, through March 10, 2009.
    Daily Bag and Possession Limits: Five ducks, including no more than 
five mallards (only one of which may be a hen), two scaup, one mottled 
duck, two redheads, two wood ducks, one canvasback, and one pintail. 
Coot daily bag limit is 15. Merganser daily bag limit is five, 
including no more than two hooded merganser. The possession limit is 
twice the daily bag limit.
    (k) Lower Elwha Klallam Tribe, Port Angeles, Washington (Tribal 
Members Only).
Ducks
    Season Dates: Open September 20, through December 31, 2008.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, one canvasback, one harlequin, and 
two redheads. Possession limit is twice the daily bag limit.
Geese
    Season Dates: Open September 20, through December 31, 2008.
    Daily Bag and Possession Limits: Four geese, and may include no 
more than three light geese. The season on Aleutian Canada geese is 
closed. Possession limit is twice the daily bag limit.
Brant
    Season Dates: Open November 1, 2008, through February 15, 2009.
    Daily Bag and Possession Limits: Two and four, respectively.
Coots
    Season Dates: Open September 20, through December 31, 2008.
    Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
    Season Dates: Open September 20, through December 31, 2008.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
    Season Dates: Open September 20, through December 31, 2008.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-tailed Pigeon
    Season Dates: Open September 20, through December 31, 2008.
    Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
    General: Tribal members must possess a tribal hunting permit from 
the Lower Elwha Klallam Tribe pursuant to tribal law. Hunters must 
observe all basic Federal migratory bird hunting regulations in 50 CFR 
part 20.
    (l) Makah Indian Tribe, Neah Bay, Washington (Tribal Members).
Band-tailed Pigeons
    Season Dates: Open September 20, through October 31, 2008.
    Daily Bag Limit: Two band-tailed pigeons.
Ducks and Coots
    Season Dates: Open September 27, 2008, through January 25, 2009.
    Daily Bag Limit: Seven ducks including no more than one redhead, 
one pintail, and one canvasback. The seasons on wood duck and harlequin 
are closed.
Geese
    Season Dates: Open September 27, 2008, through January 25, 2009.

[[Page 51711]]

    Daily Bag Limit: Four including no more than one brant. The seasons 
on Aleutian and dusky Canada geese are closed.
    General: All other Federal regulations contained in 50 CFR part 20 
would apply. The following restrictions are also proposed by the Tribe: 
(1) As per Makah Ordinance 44, only shotguns may be used to hunt any 
species of waterfowl. Additionally, shotguns must not be discharged 
within 0.25 miles of an occupied area; (2) Hunters must be eligible, 
enrolled Makah tribal members and must carry their Indian Treaty 
Fishing and Hunting Identification Card while hunting. No tags or 
permits are required to hunt waterfowl; (3) The Cape Flattery area is 
open to waterfowl hunting, except in designated wilderness areas, or 
within 1 mile of Cape Flattery Trail, or in any area that is closed to 
hunting by another ordinance or regulation; (4) The use of live decoys 
and/or baiting to pursue any species of waterfowl is prohibited; (5) 
Steel or bismuth shot only for waterfowl is allowed; the use of lead 
shot is prohibited; (6) The use of dogs is permitted to hunt waterfowl; 
and (7) Shooting hours for all species of waterfowl are one-half hour 
before sunrise to one-half hour after sunset; and (8) Open hunting 
areas are: GMUs 601 (Hoko), a portion of the 602 (Dickey) encompassing 
the area north of a line between Norwegian Memorial and east to Highway 
101, and 603 (Pysht).
    (m) Navajo Indian Reservation, Window Rock, Arizona (Tribal Members 
and Nontribal Hunters).
Band-tailed Pigeons
    Season Dates: Open September 1, through September 30, 2008.
    Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
    Season Dates: Open September 1, through September 30, 2008.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
    General Conditions: Tribal and nontribal hunters will comply with 
all basic Federal migratory bird hunting regulations in 50 CFR part 20, 
regarding shooting hours and manner of taking. In addition, each 
waterfowl hunter 16 years of age or over must carry on his/her person a 
valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed 
in ink across the face. Special regulations established by the Navajo 
Nation also apply on the reservation.
    (n) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal 
Members Only).
Ducks (Including Mergansers)
    Season Dates: Open September 20, through November 21, 2008, and 
open December 1, through December 7, 2008.
    Daily Bag and Possession Limits: Six, including no more than six 
mallards (three hen mallards), six wood ducks, one redhead, two 
pintail, and one hooded merganser. The possession limit is twice the 
daily bag limit.
Geese
    Season Dates: Open September 1, through September 19; September 20, 
through November 21; and open December 1, through December 30, 2008.
    Daily Bag and Possession Limits: 5 and 10 Canada geese, 
respectively, from September 1, through September 19, 2008; and 3 and 6 
Canada geese, respectively, from September 20, through December 30, 
2008. Hunters will be issued five tribal tags during the early season 
and three tribal tags during the late season for geese in order to 
monitor goose harvest. An additional three tags will be issued each 
time birds are registered. A seasonal quota of 300 birds is adopted. If 
the quota is reached before the season concludes, the season will be 
closed at that time.
Woodcock
    Season Dates: Open September 6, through November 9, 2008.
    Daily Bag and Possession Limits: 5 and 10 woodcock, respectively.
Dove
    Season Dates: Open September 1, through November 9, 2008.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
    General Conditions: Tribal member shooting hours are one-half hour 
before sunrise to one-half hour after sunset. Nontribal members hunting 
on the Reservation or on lands under the jurisdiction of the Tribe must 
comply with all State of Wisconsin regulations, including season dates, 
shooting hours, and bag limits which differ from tribal member seasons. 
Tribal members and nontribal members hunting on the Reservation or on 
lands under the jurisdiction of the Tribe will observe all basic 
Federal migratory bird hunting regulations found in 50 CFR part 20, 
with the following exceptions: tribal members are exempt from the 
purchase of the Migratory Waterfowl Hunting and Conservation Stamp 
(Duck Stamp); and shotgun capacity is not limited to three shells.
    (o) Skokomish Tribe, Shelton, Washington (Tribal Members Only).
Ducks and Mergansers
    Season Dates: Open September 16, 2008, through February 28, 2009.
     Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, one canvasback, one harlequin, and 
two redheads. Possession limit is twice the daily bag limit.
Geese
    Season Dates: Open September 16, 2008, through February 28, 2009.
     Daily Bag and Possession Limits: Four geese, and may include no 
more than three light geese. The season on Aleutian Canada geese is 
closed. Possession limit is twice the daily bag limit.
Brant
    Season Dates: Open November 1, 2008, through February 15, 2009.
    Daily Bag and Possession Limits: Two and four brant, respectively.
Coots
    Season Dates: Open September 16, 2008, through February 28, 2009.
    Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
    Season Dates: Open September 16, 2008, through February 28, 2009.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
    Season Dates: Open September 16, 2008, through February 28, 2009.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-tailed Pigeon
    Season Dates: Open September 16, 2008, through February 28, 2009.
    Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
     General Conditions: All hunters authorized to hunt migratory birds 
on the reservation must obtain a tribal hunting permit from the 
respective Tribe. Hunters are also required to adhere to a number of 
special regulations available at the tribal office.
    (p) Squaxin Island Tribe, Squaxin Island Reservation, Shelton, 
Washington (Tribal Members Only).
Ducks
    Season Dates: Open September 1, 2008, through January 15, 2009.
     Daily Bag and Possession Limits: Five ducks, which may include 
only one canvasback. The season on harlequin ducks is closed. 
Possession limit is twice the daily bag limit.

[[Page 51712]]

Geese
    Season Dates: Open September 15, 2008, through January 15, 2009.
     Daily Bag and Possession Limits: Four geese, and may include no 
more than two snow geese. The season on Aleutian and cackling Canada 
geese is closed. Possession limit is twice the daily bag limit.
Brant
    Season Dates: Open September 1, through December 31, 2008.
    Daily Bag and Possession Limits: Two and four brant, respectively.
Coots
    Season Dates: Open September 1, 2008, through January 15, 2009.
    Daily Bag Limits: 25 coots.
Snipe
    Season Dates: Open September 15, 2008, and through January 15, 
2009.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-tailed Pigeons
    Season Dates: Open September 1, through December 31, 2008.
    Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
     General Conditions: All tribal hunters must obtain a Tribal 
Hunting Tag and Permit from the Tribe's Natural Resources Department 
and must have the permit, along with the member's treaty enrollment 
card, on his or her person while hunting. Shooting hours are one-half 
hour before sunrise to one-half hour after sunset, and steel shot is 
required for all migratory bird hunting. Other special regulations are 
available at the tribal office in Shelton, Washington.
    (q) Spokane Tribe of Indians, Spokane Indian Reservation, 
Wellpinit, Washington (Tribal Members Only).
Ducks
     Season Dates: Open September 15, 2008, through January 31, 2009.
     Daily Bag and Possession Limits: Seven ducks, including no more 
than two mallard hens, two redheads, two scaup, and one pintail. The 
canvasback season is closed. Possession limit is twice the daily bag 
limit.
Geese
    Season Dates: Open September 1, 2008, through January 31, 2009.
     Daily Bag and Possession Limits: 4 dark geese and 10 light geese. 
Possession limit is twice the daily bag limit.
    (r) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal 
Members Only).
Mourning Dove
    Season Dates: Open September 1, through December 31, 2008.
    Daily Bag and Possession Limits: 12 and 15 mourning doves, 
respectively.
    Tribal members must have the tribal identification and harvest 
report card on their person to hunt. Tribal members hunting on the 
Reservation will observe all basic Federal migratory bird hunting 
regulations found in 50 CFR part 20, except shooting hours would be 
one-half hour before official sunrise to one-half hour after official 
sunset.
    (s) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal 
Members Only).
Canada Geese
    Season Dates: Open September 15, and through September 29, 2008, 
and open October 29, 2008, through February 25, 2009.
    Daily Bag Limits: 5 Canada geese during the first period, 3 during 
the second.
Snow Geese
    Season Dates: Open September 8, 2008, and through September 22, 
2008.
    Daily Bag Limits: 15 snow geese.
     General Conditions: Shooting hours are one-half hour before 
sunrise to sunset. Nontoxic shot is required. All basic Federal 
migratory bird hunting regulations contained in 50 CFR part 20 will be 
observed.
    (t) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal 
Members Only).
Ducks and Mergansers
    Season Dates: Open September 20, through December 19, 2008.
     Daily Bag Limit for Ducks: 10 ducks, including no more than 2 
mallards and 1 canvasback.
     Daily Bag Limit for Mergansers: Five mergansers, including no more 
than two hooded mergansers.
Geese
    Season Dates: Open September 1, through September 26, 2008, and 
open September 27, through December 19, 2008.
    Daily Bag Limit: Eight geese through September 26 and five 
thereafter.
Coots
    Season Dates: Open September 1, through November 30, 2008.
    Daily Bag Limit: 20 coots.
Sora and Virginia Rails
    Season Dates: Open September 1, through November 30, 2008.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate.
Common Snipe and Woodcock
    Season Dates: Open September 1, through November 30, 2008.
    Daily Bag Limit: 10 snipe and 10 woodcock.
Mourning Dove
    Season Dates: Open September 1, through November 30, 2008.
    Daily Bag Limit: 25 doves.
     General Conditions: Shooting hours are one-half hour before 
sunrise to one-half hour after sunset. Nontoxic shot is required.
    (u) White Mountain Apache Tribe, Fort Apache Indian Reservation, 
Whiteriver, Arizona (Tribal Members and Nontribal Hunters).
Band-tailed Pigeons
(Wildlife Management Unit 10 and areas south of Y-70 and Y-10 in 
Wildlife Management Unit 7, only):

     Season Dates: Open September 1, through September 15, 2008.
    Daily Bag and Possession Limits: Three and six pigeons, 
respectively.
Mourning Doves
(Wildlife Management Unit 10 and areas south of Y-70 and Y-10 in 
Wildlife Management Unit 7, only):

     Season Dates: Open September 1, through September 15, 2008.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
     General Conditions: All nontribal hunters hunting band-tailed 
pigeons and mourning doves on Reservation lands shall have in their 
possession a valid White Mountain Apache Daily or Yearly Small Game 
Permit. In addition to a small game permit, all nontribal hunters 
hunting band-tailed pigeons must have in their possession a White 
Mountain Special Band-tailed Pigeon Permit. Other special regulations 
established by the White Mountain Apache Tribe apply on the 
reservation. Tribal and nontribal hunters will comply with all basic 
Federal migratory bird hunting regulations in 50 CFR Part 20 regarding 
shooting hours and manner of taking.

    Dated: August 28, 2008.
David M. Verhey,
Acting Assistant Secretary for Fish and Wildlife and Parks.
 [FR Doc. E8-20475 Filed 8-29-08; 11:15 am]
BILLING CODE 4310-55-P