[Federal Register Volume 73, Number 187 (Thursday, September 25, 2008)]
[Rules and Regulations]
[Pages 55676-55681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22492]



[[Page 55676]]

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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; Regulations on Certain Federal Indian 
Reservations and Ceded Lands for the 2008-09 Late Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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

DATES: This rule takes effect on September 27, 2008.

ADDRESSES: You may inspect comments on the 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 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 a proposed rule published 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 1916 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 August 15 proposed rule included generalized 
regulations for both early- and late-season hunting, this rulemaking 
addresses only the late-season proposals. Early-season proposals were 
addressed in a final rule published in the September 4, 2008, Federal 
Register (73 FR 51704). As a general rule, early seasons begin during 
September each year and have a primary emphasis on such species as 
mourning and white-winged dove. Late seasons begin about September 24 
or later each year and have a primary emphasis on waterfowl.

Status of Populations

    In the August 15 proposed rule and September 4 final rule, we 
reviewed the status for various populations for which seasons were 
proposed. This information included brief summaries of the May Breeding 
Waterfowl and Habitat Survey; population status reports for blue-winged 
teal, sandhill cranes, woodcock, mourning doves, white-winged doves, 
white-tipped doves, and band-tailed pigeons; and the status and harvest 
of waterfowl. The tribal seasons established below are commensurate 
with the population status.
    For more detailed information on methodologies and results, 
complete copies of the various reports are available at the address 
indicated under ADDRESSES or from our Web site at http://www.fws.gov/migratorybirds/reports/reports.html.

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 late-season 
proposals are included in this final rulemaking; 12 tribes have 
proposals with late seasons. The comment period for the proposed rule, 
published on August 15, 2008, closed on August 25, 2008.
    We received one comment regarding the notice of intent published on 
May 28, 2008, which announced rulemaking on regulations for migratory 
bird hunting by American Indian tribal members, and the August 15 
proposed rule. This comment was addressed in the September 4 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).

[[Page 55677]]

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

[[Page 55678]]

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. Amend section 20.110 by revising paragraphs (a), (b), (f), (j), (m), 
(r), (s), and (u) and by adding paragraphs (v) through (x) to read as 
set forth below. (Current Sec.  20.110 was published at 73 FR 51707, 
September 4, 2008.)


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.

Ducks (Including Mergansers)

    Season Dates: Open October 11, 2008, through January 25, 2009.
    Daily Bag and Possession Limits: Seven ducks, including two hen 
mallards, two redheads, two Mexican ducks, two goldeneye, two cinnamon 
teal, and one pintail. The seasons on canvasback and scaup are closed. 
The possession limit is twice the daily bag limit.

Coots and Common Moorhens

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots and common moorhens, 
singly or in the aggregate.

Geese

    Season Dates: Open October 18, 2008, through January 25, 2009.
    Daily Bag and Possession Limits: Three geese, including no more 
than three dark (Canada) geese and three white (snow, blue, Ross's) 
geese. The possession limit is six dark geese and six white geese.
    General Conditions: A valid Colorado River Indian Reservation 
hunting permit is required for all persons 14 years and older and must 
be in possession before taking any wildlife on tribal lands. Any person 
transporting game birds off the Colorado River Indian Reservation must 
have a valid transport declaration form. Other tribal regulations 
apply, and may be obtained at the Fish and Game Office in Parker, 
Arizona.

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

Tribal Members Only

Ducks (Including Mergansers)

    Season Dates: Open September 1, 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.

Nontribal Hunters

Ducks (Including Mergansers)

    Scaup Season Dates: Open October 4, 2008, through December 28, 
2008.
    Season Dates: Open October 4, 2008, through January 18, 2009.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, two scaup (when open), and two 
redheads. The season on canvasback is closed. The possession limit is 
twice the daily bag limit.

Coots

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: The daily bag and possession limit 
is 25.

Geese

Dark Geese

    Season Dates: Open September 27, 2008, through January 11, 2009.
    Daily Bag and Possession Limits: Four and eight geese, 
respectively.

Light Geese

    Season Dates: Open September 27, 2008, through January 11, 2009.

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    Daily Bag and Possession Limits: 10 and 20 geese, respectively.

Youth Waterfowl Hunt

    Season Dates: September 27-28, 2008.
    Daily Bag and Possession Limits: Same as ducks.
    General Conditions: Tribal members and Nontribal hunters must 
comply with all basic Federal migratory bird hunting regulations 
contained in 50 CFR part 20 regarding manner of taking. In addition, 
shooting hours are sunrise to sunset, and each waterfowl hunter 16 
years of age or older must carry on his/her person a valid Migratory 
Bird Hunting and Conservation Stamp (Duck Stamp) signed in ink across 
the stamp face. Special regulations established by the Confederated 
Salish and Kootenai Tribes also apply on the reservation.
* * * * *

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

Nontribal Hunters on Reservation

Ducks

    Season Dates: Open September 27, 2008, through January 25, 2009. 
During this period, days to be hunted are specified by the Kalispel 
Tribe as weekends, holidays, and for a continuous period in the months 
of October and November, not to exceed 107 days total. Nontribal 
hunters should contact the Tribe for more detail on hunting days.
    Daily Bag and Possession Limits: seven ducks, including no more 
than two female mallards, one pintail, and two redheads. The seasons on 
canvasback and scaup are closed. The possession limit is twice the 
daily bag limit.

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.

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.
* * * * *

(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.

Canada Geese

    Season Dates: Open October 11, 2008, through March 10, 2009.
    Daily Bag and Possession Limits: Three and six, respectively.

White-Fronted Geese

    Season Dates: Open October 4, 2008, through March 10, 2009.
    Daily Bag and Possession Limits: Two and four, respectively.

Light Geese

    Season Dates: Open October 11, 2008, through March 10, 2009.
    Daily Bag and Possession Limits: 20 and 40, respectively.

Nontribal Hunters

Ducks (Including Mergansers and Coots)

    Season Dates: Open October 11, 2008, through January 15, 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, one canvasback, two redheads, two wood ducks, and one pintail. 
Coot daily bag limit is 15. Merganser daily bag limit is five, 
including no more than two hooded mergansers. The possession limit is 
twice the daily bag limit.

Canada Geese

    Season Dates: Open October 25, 2008, through February 8, 2009.
    Daily Bag and Possession Limits: Three and six, respectively.

White-Fronted Geese

    Season Dates: Open October 11, 2008, through December 21, 2008.
    Daily Bag and Possession Limits: One and two, respectively.

Light Geese

    Season Dates: Open October 11, 2008, through January 11, 2009, and 
open February 26, through March 10, 2009.
    Daily Bag and Possession Limits: 20 and 40, respectively.
    General Conditions: All hunters must comply with the basic Federal 
migratory bird hunting regulations in 50 CFR part 20, including the use 
of steel shot. Nontribal hunters must possess a validated Migratory 
Bird Hunting and Conservation Stamp. The Lower Brule Sioux Tribe has an 
official Conservation Code that hunters must adhere to when hunting in 
areas subject to control by the Tribe.
* * * * *

(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.

Ducks (Including Mergansers)

    Scaup Season Dates: Open September 27, through December 21, 2008.
    Season Dates: Open September 27, 2008, through January 11, 2009.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, two scaup (when open), and two 
redheads. The season on canvasback is closed. The possession limit is 
twice the daily bag limit.

Coots and Common Moorhens

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots and moorhens, singly or 
in the aggregate. The possession limit is twice the daily bag limit.

[[Page 55680]]

Canada Geese

    Season Dates: Open September 27, 2008, through January 11, 2009.
    Daily Bag and Possession Limits: Four and eight geese, 
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 stamp face. Special regulations established by the 
Navajo Nation also apply on the reservation.
* * * * *

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

Ducks

    Season Dates: Open October 1, 2008, through February 28, 2009.
    Daily Bag and Possession Limits: 15 and 20, respectively. The 
season on canvasbacks is closed.

Coots

    Season Dates: Open October 15, 2008, through February 15, 2009.
    Daily Bag and Possession Limits: 20 and 30, respectively.

Geese

    Season Dates: Open October 15, 2008, through February 15, 2009.
    Daily Bag and Possession Limits: The daily bag limits are seven 
geese and five brant. The possession limits for geese and brant are 10 
and 7, respectively.

Mourning Dove

    Season Dates: Open September 1, through December 31, 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)

Teal

    Season Dates: Open October 13, 2008, through January 26, 2009.
    Daily Bag Limit: Six teal.

Ducks

    Season Dates: Open October 29, 2008, and through February 25, 2009.
    Daily Bag Limit: Six ducks, including no more than two hen 
mallards, two black ducks, two mottled ducks, one fulvous whistling 
duck, four mergansers, three scaup, one hooded merganser, two wood 
ducks, one canvasback, two redheads, and one pintail. The season is 
closed for harlequin ducks.

Sea Ducks

    Season Dates: Open October 13, 2008, and through February 27, 2009.
    Daily Bag Limit: Seven ducks including no more than four of any one 
species (only one of which may be a hen eider).

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, and open October 29, 2008, through February 25, 2009.
    Daily Bag Limits: 15 snow geese.

Woodcock

    Season Dates: Open October 13, and through November 28, 2008.
    Daily Bag Limit: Three woodcock.
    General Conditions: Shooting hours are one-half hour before sunrise 
to sunset. Nontoxic shot is required. Tribal members will observe all 
basic Federal migratory bird hunting regulations contained in 50 CFR.
* * * * *

(u) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New 
Mexico (Tribal Members and Nontribal Hunters)

Ducks (Including Mergansers)

    Season Dates: Open September 27, through November 30, 2008.
    Daily Bag and Possession Limits: The daily bag limit is seven, 
including no more than two hen mallards, one pintail, two redheads, and 
two scaup. The possession limit is twice the daily bag limit.

Canada Geese

    Season Dates: Open September 27, through November 30, 2008.
    Daily Bag and Possession Limits: Two and four, respectively.
    General Conditions: Tribal and nontribal hunters must comply with 
all basic Federal migratory bird hunting regulations in 50 CFR part 20 
regarding shooting hours and manner of taking. In addition, each 
waterfowl hunter 16 years of age or older must carry on his/her person 
a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) 
signed in ink across the stamp face. Special regulations established by 
the Jicarilla Tribe also apply on the reservation.

(v) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only)

Ducks

    Season Dates: Open October 4, 2008, through February 1, 2009.
    Daily Bag and Possession Limits: 9 and 18 ducks, respectively.

Coots

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots.

Geese

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 6 and 12 geese, respectively.
    General: The Klamath Tribe provides its game management officers, 
biologists, and wildlife technicians with regulatory enforcement 
authority, and has a court system with judges that hear cases and set 
fines. Nontoxic shot is required. Shooting hours are one-half hour 
before sunrise to one-half hour after sunset.

(w) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall, 
Idaho (Nontribal Hunters)

Ducks

    Scaup Season Dates: Open October 25, 2008, through January 16, 
2009.
    Season Dates: Open October 4, 2008, through January 16, 2009.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, two scaup (when open), and two 
redheads. The season on canvasback is closed. The possession limit is 
twice the daily bag limit.

Mergansers

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: Five and ten mergansers, 
respectively.

Coots

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots. The possession limit is 
twice the daily bag limit.

[[Page 55681]]

Geese

    Season Dates: Open October 4, 2008, through January 16, 2009.
    Daily Bag and Possession Limits: Four light geese and four dark 
geese. The possession limit is twice the daily bag limit.

Common Snipe

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
    General Conditions: Nontribal hunters must comply with all basic 
Federal migratory bird hunting regulations in 50 CFR part 20 regarding 
shooting hours and manner of taking. In addition, each waterfowl hunter 
16 years of age or older must possess a valid Migratory Bird Hunting 
and Conservation Stamp (Duck Stamp) signed in ink across the stamp 
face. Other regulations established by the Shoshone-Bannock Tribes also 
apply on the reservation.

(x) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal 
Members Only)

Ducks (Including Mergansers)

    Season Dates: Open October 1, 2008, through February 15, 2009.
    Daily Bag and Possession Limits: 10 ducks, including no more than 7 
mallards of which only 3 hen mallards, 3 pintail, 3 canvasback, 3 
scaup, and 3 redheads. The possession limit is twice the daily bag 
limit.

Coot

    Season Dates: October 1, 2008, through January 31, 2009.
    Daily Bag and Possession Limits: 25 and 50, respectively.

Geese

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 6 and 12, respectively.

Brant

    Season Dates: Open October 1, 2008, through January 31, 2009.
    Daily Bag and Possession Limits: Three and six, respectively.

Snipe

    Season Dates: Open October 1, 2008, through January 21, 2009.
    Daily Bag and Possession Limits: 10 and 20, respectively.
    Tribal members hunting on lands under this proposal will observe 
all basic Federal migratory bird hunting regulations found in 50 CFR 
part 20, which will be enforced by the Stillaguamish Tribal Law 
Enforcement. Tribal members are required to use steel shot or a 
nontoxic shot as required by Federal regulations.

    Dated: September 18, 2008.
Lyle Laverty,
Assistant Secretary for Fish and Wildlife and Parks.
 [FR Doc. E8-22492 Filed 9-24-08; 8:45 am]
BILLING CODE 4310-55-P