55676 Federal Register / Vol. 73, No. 187 / Thursday, September 25, 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; Regulations 

on Certain Federal Indian Reservations 

and Ceded Lands for the 2008–09 Late 

Season 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: This rule prescribes special 

late-season migratory bird hunting 

regulations for certain tribes on Federal 

Indian reservations, off-reservation trust 

lands, and ceded lands. This rule 

responds to tribal requests for U.S. Fish 

and Wildlife Service (hereinafter 

Service or we) recognition of their 

authority to regulate hunting under 

established guidelines. This rule allows 

the establishment of season bag limits 

and, thus, harvest at levels compatible 

with populations and habitat 

conditions. 

DATES: This rule takes effect on 

September 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 lateseason 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). 


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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 


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55678 Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Rules and Regulations 

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. 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 § 20.110 was published at 73 

FR 51707, September 4, 2008.) 

§ 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 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. 

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. 


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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 onehalf hour before official sunrise to onehalf 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. 


pwalker on PROD1PC71 with RULES3
Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Rules and Regulations 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 


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