51704 Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Rules and Regulations 

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. 

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 earlyand late-season hunting, this 

rulemaking addresses only the earlyseason proposals. Late-season hunting 

will be addressed in late September. As 

a general rule, early seasons begin 

during September each year and have a 

primary emphasis on such species as 

mourning and white-winged 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 ± 0.2 million ponds, 

37 percent below last year’s estimate of 

7.0 ± 0.3 million ponds and 10 percent 

lower than the long-term average of 4.9 

± 0.03 million ponds. The 2008 estimate 

of ponds in Prairie Canada was 3.1 ± 0.1 

million. This was a 39 percent decrease 

from last year’s estimate (5.0 ± 0.3 

million), and 11 percent below the 

1955–2007 average (3.4 ± 0.03 million). 

The 2008 pond estimate for the northcentral United States (1.4 ± 0.1 million) 

was 30 percent lower than last year’s 

estimate (2.0 ± 0.1 million) and 11 

percent below the long-term average (1.5 

± 0.02 million). 

Breeding Population Status 

In the Waterfowl Breeding Population 

and Habitat Survey traditional survey 

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

total duck population estimate was 37.3 

± 0.6 [SE] million birds. This was 9 

percent lower than last year’s estimate 


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of 41.2 ± 0.7 million birds, but 11 

percent above the 1955–2007 long-term 

average. Mallard (Anas platyrhynchos) 

abundance was 7.7 ± 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 ± 

0.3 million birds similar to last year’s 

estimate of 6.7 ± 0.4 million birds, and 

45 percent above the long-term average. 

Estimated abundances of gadwall (A. 

strepera; 2.7 ± 0.2 million) and northern 

shovelers (A. clypeata; 3.5 ± 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 ± 0.2 million) was 

similar to the 2007 estimate and the 

long-term average. Estimated 

abundances of green-winged teal (A. 

crecca; 3.0 ± 0.2 million) and redheads 

(Aythya americana; 1.1 ± 0.1 million) 

were similar to last year’s, but were each 

>50 percent above their long-term 

averages. The redhead and greenwinged teal estimates were the highest 

and the second highest ever for the 

traditional survey area. The canvasback 

(A. valisineria) estimate of 0.5 ± 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 ± 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 ± 

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 (redbreasted [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 ± 0.3 

million. This was similar to the revised 

2007 estimate of 8.5 ± 0.3 million. In 

2007, we reported a projected mallard 

fall-flight index of 11.4 million ± 1.0 

million. After the removal of Alaska 

mallards from the mid-continent stock, 

the revised 2007 fall-flight estimate was 

10.9 ± 1.0 million, which was not 

significantly different from the 2008 

estimate of 9.2 ± 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 temperatenesting 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 (± 4 percent) ducks and 

3,579,100 (± 5 percent) geese in 2006, 

and harvested 14,578,900 (± 4 percent) 

ducks and 3,666,100 (± 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 (± 29 percent) coots in 2006 and 

198,300 (± 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 


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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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Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Rules and Regulations 51707 

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. 

■ Accordingly, part 20, subchapter B, 

chapter I of title 50 of the Code of 

Federal Regulations is amended as 

follows: 

PART 20—[AMENDED] 

■ 1. The authority citation for part 20 

continues to read as follows: 

Authority: Migratory Bird Treaty Act, 40 

Stat. 755, 16 U.S.C. 703–712; Fish and 

Wildlife Act of 1956, 16 U.S.C. 742a–j; Pub. 

L. 106–108, 113 Stat. 1491, Note Following 

16 U.S.C. 703. 

(Note: The following hunting regulations 

provided for by 50 CFR 20.110 will not 

appear in the Code of Federal Regulations 

because of their seasonal nature.) 

■ 2. Section 20.110 is revised to read as 

follows: 

§ 20.110 Seasons, limits, and other 

regulations for certain Federal Indian 

reservations, Indian Territory, and ceded 

lands. 

(a) Colorado River Indian Tribes, 

Parker, Arizona (Tribal Members and 

Nontribal Hunters). 

Doves 

Season Dates: Open September 1, 

through September 15, 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. 


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51708 Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Rules and Regulations 

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. 


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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 lateseason. During this period, days to be 

hunted are specified by the Kalispel 

Tribe. Nontribal hunters should contact 

the Tribe for more detail on hunting 

days. 

Daily Bag and Possession Limits: 5 

Canada geese for the early season, and 

3 light geese and 4 dark geese, for the 

late season. The daily bag limit is 2 

brant 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 


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51710 Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Rules and Regulations 

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. 


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


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51712 Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Rules and Regulations 

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 onehalf hour after sunset, and steel shot is 

required for all migratory bird hunting. 

Other special regulations are available at 

the tribal office in Shelton, Washington. 

(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 onehalf hour before official sunrise to onehalf 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 onehalf 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 


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