53774 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 20 

[Docket No. FWS–R9–MB–2010–0040; 

91200–1231–9BPP–L2] 

RIN 1018–AX06 

Migratory Bird Hunting; Migratory Bird 

Hunting Regulations on Certain 

Federal Indian Reservations and 

Ceded Lands for the 2010–11 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 rule 

responds to Tribal requests for U.S. Fish 

and Wildlife Service (hereinafter 

Service or we) recognition of Tribal 

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, 2010. 

ADDRESSES: You may inspect comments 

received on the proposed special 

hunting regulations and Tribal 

proposals during normal business hours 

in room 4107, Arlington Square 

Building, 4501 N. Fairfax Drive, 

Arlington, VA or at http:// 

www.regulations.gov at Docket No. 

FWS–R9–MB–2010–0040. 

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 6, 2010, Federal 

Register (75 FR 47682), we proposed 

special migratory bird hunting 

regulations for the 2010–11 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. 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]). 

In the May 13, 2010, Federal Register 

(75 FR 27144), we requested that Tribes 

desiring special hunting regulations in 

the 2010–11 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. On August 

6, 2010, we published a proposed rule 

(75 FR 47682) that included special 

migratory bird hunting regulations for 

30 Indian Tribes, based on the input we 

received in response to the May 13, 

2010, proposed rule. All the regulations 

contained in this final rule were either 

submitted by the Tribes or approved by 

the Tribes and follow our proposals in 

the August 6 proposed rule. 

Although the May 13 proposed rule 

included generalized regulations for 

both early- and late-season hunting, this 

rulemaking addresses only the earlyseason proposals. Therefore, it includes 

information for only 24 Tribes. The 

letter designations for the paragraphs 

pertaining to each Tribe in this rule are 

discontinuous because they follow the 

letter designations for the 30 Tribes 

discussed in the August 6 proposed 

rule, which set forth paragraphs (a) 

through (dd). 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 doves. 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 

preliminary information on the status of 

waterfowl and information on the status 

and harvest of migratory shore and 

upland game birds 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/ 

NewsPublicationsReports.html. 

Waterfowl Breeding and Habitat Survey 

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, helicopters, and ground crews 

and encompass principal breeding areas 

of North America, covering an area 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. 

Overall, habitat conditions during the 

2010 Waterfowl Breeding Population 

and Habitat Survey were characterized 

by average to below-average moisture 

and a mild winter and early spring 

across the entire traditional (including 

the northern locations) and eastern 

survey areas. The total pond estimate 

(Prairie Canada and U.S. combined) was 


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6.7 ± 0.2 million. This was similar to the 

2009 estimate and 34 percent above the 

long-term average of 5.0 ± 0.03 million 

ponds. 

Traditional Survey Area (U.S. and 

Canadian Prairies and Parklands) 

Conditions across the Canadian 

prairies were similar to 2009. Portions 

of southern Alberta, Saskatchewan, and 

Manitoba improved, but a large area 

along the Alberta and Saskatchewan 

border remained dry, and moisture 

levels in portions of Manitoba declined 

from last year. The 2010 estimate of 

ponds in Prairie Canada was 3.7 ± 0.2 

million. This was similar to last year’s 

estimate (3.6 ± 0.1 million) and to the 

1955–2009 average (3.4 ± 0.03 million). 

Residual water remains in the Parklands 

and these were classified as fair to good. 

Most of the Prairie-Parkland region of 

Canada received abundant to 

historically high levels of precipitation 

during and after the survey, which, 

while possibly flooding some nests, will 

produce excellent brood-rearing habitat 

for successful nesters and lessen the 

impact of the normal summer 

drawdown, leading to beneficial 

wetland conditions next spring. 

Wetland numbers and conditions 

remained fair to good in the eastern U.S. 

prairies, but habitat conditions declined 

through the western Dakotas and 

Montana. The 2010 pond estimate for 

the north-central United States was 2.9 

± 0.1 million, essentially unchanged 

from last year’s estimate (2.9 ± 0.1 

million) and 87 percent above the longterm average (1.6 ± 0.02 million). Fall 

and winter precipitation in the eastern 

Dakotas generally improved good 

habitat conditions already present. 

However, wetlands in the western 

Dakotas and Montana were not 

recharged, resulting in a deterioration of 

conditions from 2009 at the time the 

survey was conducted. 

Bush (Alaska, Northern Manitoba, 

Northern Saskatchewan, Northwest 

Territories, Yukon Territory, Western 

Ontario) 

In the bush regions of the traditional 

survey area, spring breakup was early. 

Unlike in 2009, the majority of habitats 

were ice-free for arriving waterfowl. 

Habitat of most of the bush region, with 

the exception of Alaska and the 

Northwest Territories where conditions 

were normal, was classified as fair due 

to below-average moisture, but the early 

spring should benefit waterfowl across 

the entire area. 

Eastern Survey Area 

The boreal forest and Canadian 

Maritimes of the eastern survey area 

experienced an early spring as well. 

Much of southern Quebec and Ontario 

were classified as poor to fair due to dry 

conditions, with the exception of an 

area of adequate moisture in westcentral Ontario. More northern boreal 

forest locations benefited from nearnormal precipitation and early ice-free 

conditions. Although winter 

precipitation from southwestern Ontario 

along the St. Lawrence River Valley and 

into Maine was below average, 

waterfowl habitat was classified as good 

to excellent, as in 2009. The James and 

Hudson Bay Lowlands of Ontario (strata 

57–59) were not surveyed in 2010, but 

reports indicated an early spring in 

these locations as well. 

Breeding Population Status 

In the traditional survey area, which 

includes strata 1–18, 20–50, and 75–77, 

the total duck population estimate was 

40.9 ± 0.7 [SE] million birds. This 

estimate was similar to last year’s 

estimate of 42.0 ± 0.7 million birds and 

was 21 percent above the long-term 

average (1955–2009). Estimated mallard 

(Anas platyrhynchos) abundance was 

8.4 ± 0.3 million birds, which was 

similar to the 2009 estimate of 8.5 ± 0.2 

million birds and 12 percent above the 

long-term average. Estimated abundance 

of gadwall (A. strepera; 3.0 ± 0.2 

million) was similar to the 2009 

estimate and 67 percent above the longterm average. Estimated abundance of 

American wigeon (A. americana; 2.4 

± 0.1 million) was similar to 2009 and 

the long-term average. The estimated 

abundance of green-winged teal (A. 

crecca) was 3.5 ± 0.2 million, which was 

similar to the 2009 estimate and 78 

percent above their long-term average of 

1.9 ± 0.02 million. The estimate of bluewinged teal abundance (A. discors) was 

6.3 ± 0.4 million, which was 14 percent 

below the 2009 estimate and 36 percent 

above their long-term average of 4.7 

± 0.04 million. The estimate for northern 

pintails (A. acuta; 3.5 ± 0.2 million) was 

similar to the 2009 estimate, and 13 

percent below the long-term average of 

4.0 ± 0.04 million. Estimates of northern 

shovelers (A. clypeata; 4.1 ± 0.2 million) 

and redheads (Aythya americana; 1.1 

± 0.1 million) were similar to their 2009 

estimates and were 76 percent and 63 

percent above their long-term averages 

of 2.3 ± 0.02 million and 0.7 ± 0.01 

million, respectively. The canvasback 

estimate (A. valisineria; 0.6 ± 0.05 

million) was similar to the 2009 

estimate and to the long-term average. 

The scaup estimate (A. affinis and A. 

marila combined; 4.2 ± 0.2 million) was 

similar to that of 2009 and 16 percent 

below the long-term average of 5.1 

± 0.05 million. 

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 (Bucephala albeola), ringnecked duck (Aythya collaris), and 

goldeneyes (common [B. clangula] and 

Barrow’s [B. islandica]) all were similar 

to their 2009 estimates and long-term 

averages. The mergansers (red-breasted 

[Mergus serrator], common [M. 

merganser], and hooded [Lophodytes 

cucullatus]) estimate was 386.4 

thousand, which was 15 percent below 

the 2009 estimate, and 14 percent below 

the long-term average of 450.8 thousand. 

The American black duck (Anas 

rubripes) estimate was similar to the 

2009 estimate and 7 percent below the 

long-term average of 478.9 thousand. 

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 10.3 ± 0.9 

million in 2010. This was similar to the 

2009 estimate of 10.3 ± 0.9 million. 

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). Temperatures in much of 

central and northern Canada from 

January through April were in excess of 

5 °C warmer than average. Substantially 

above-average temperatures continued 

into May and June in important goose 

habitats within eastern Canada. The 

resulting accelerated snowmelt 

contributed to favorable nesting 

conditions for many mid-latitude and 

arctic nesting goose populations in 

2010. Persistent snow cover 

significantly delayed goose nesting 

activities only in the Queen Maud Gulf, 

Victoria Island, and Wrangel Island 

regions. Well-above or near-average 

wetland abundance in the U.S. and 

Canadian prairie regions and mild 

spring temperatures in many other 

temperate regions will likely improve 

production of Canada geese that nest at 

southern latitudes. Primary abundance 

indices for both populations of tundra 

swans decreased in 2010 from 2009 

levels. Primary abundance indices 

decreased for 15 goose populations and 


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increased for 12 goose populations in 

2010 compared to 2009. The following 

populations displayed significant 

positive trends during the most recent 

10-year period (P < 0:05): Mississippi 

Flyway Giant, Short Grass Prairie, 

Aleutian, and Eastern Prairie Canada 

geese; Western Arctic/Wrangel Island, 

and Western Central Flyway light geese; 

and Pacific white-fronted geese. No 

population showed a significant 

negative 10-year trend. The forecast for 

the production of geese and swans in 

North America for 2010 is regionally 

variable, but production for many 

populations will be much improved this 

year compared to the poor production 

widely experienced in 2009. 

Waterfowl Harvest and Hunter Activity 

National surveys of migratory bird 

hunters were conducted during the 2008 

and 2009 hunting seasons. About 1.2 

million waterfowl hunters harvested 

13,635,700 (± 4 percent) ducks and 

3,792,600 (± 5 percent) geese in 2008, 

and about 1.1 million waterfowl hunters 

harvested 13,139,800 (± 4 percent) ducks 

and 3,327,000 (± 5 percent) geese in 

2009. Mallard, green-winged teal, 

gadwall, blue-winged/cinnamon teal, 

and wood duck (Aix sponsa) were the 

5 most-harvested duck species in the 

United States, and Canada goose was 

the predominant goose species in the 

goose harvest. Coot hunters (about 

31,100 in 2008 and 2009) harvested 

275,900 (± 43 percent) coots in 2008 and 

219,000 (± 34 percent) in 2009. 

Comments and Issues Concerning 

Tribal Proposals 

For the 2010–11 migratory bird 

hunting season, we proposed 

regulations for 30 Tribes and/or Indian 

groups that followed the 1985 

guidelines and were considered 

appropriate for final rulemaking. Some 

of the Tribal proposals had both earlyand late-season elements. However, as 

noted earlier, only those with earlyseason proposals are included in this 

final rulemaking; 24 Tribes have 

proposals with early seasons. The 

comment period for the proposed rule, 

published on August 6, 2010, closed on 

August 16, 2010. Because of the 

necessary brief comment period, we will 

respond to any comments on the 

proposed rule and/or these regulations 

postmarked by August 16, but not 

received prior to final action by us, in 

the September late-season final rule. At 

this time, we have not received any 

comments. 

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 a 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 (SEIS) 

for the migratory bird hunting program. 

Public scoping meetings were held in 

the spring of 2006, as detailed in a 

March 9, 2006, Federal Register (71 FR 

12216). We released the draft SEIS on 

July 9, 2010 (75 FR 39577). The draft 

SEIS is available by either writing to the 

address indicated under ADDRESSES or 

by viewing on our Web site at http:// 

www.fws.gov/migratorybirds. 

Endangered Species Act Consideration 

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 formal 

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, which concluded 

that the regulations are not likely to 

jeopardize the continued existence of 

any endangered or threatened species. 

Additionally, these findings may have 

caused modification of some regulatory 

measures previously proposed, and the 

final frameworks reflect any such 

modifications. Our biological opinions 

resulting from this section 7 

consultation are public documents 

available for public inspection 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 of regulatory 

significance upon the following four 

criteria: 

(a) Whether the rule will have an 

annual effect of $100 million or more on 

the economy or adversely affect an 

economic sector, productivity, jobs, the 

environment, or other units of the 

government. 

(b) Whether the rule will create 

inconsistencies with other Federal 

agencies’ actions. 

(c) Whether the rule will materially 

affect entitlements, grants, user fees, 

loan programs, or the rights and 

obligations of their recipients. 

(d) Whether the rule raises novel legal 

or policy issues. 

An economic analysis was prepared 

for the 2008–09 season. This analysis 

was based on data from the 2006 

National Hunting and Fishing Survey, 

the most recent year for which data are 

available (see discussion in Regulatory 

Flexibility Act section below). This 

analysis estimated consumer surplus for 

three alternatives for duck hunting 

(estimates for other species are not 

quantified due to lack of data). The 

alternatives are (1) Issue restrictive 

regulations allowing fewer days than 

those issued during the 2007–08 season, 

(2) Issue moderate regulations allowing 

more days than those in alternative 1, 

and (3) Issue liberal regulations 

identical to the regulations in the 2007– 

08 season. For the 2008–09 season, we 

chose alternative 3, with an estimated 

consumer surplus across all flyways of 

$205–$270 million. At this time, we are 

proposing no changes to the season 

frameworks for the 2010–11 season, and 

as such, we will again consider these 

three alternatives. However, final 

frameworks will depend on population 

status information available later this 

year. For these reasons, we have not 

conducted a new economic analysis, but 

the 2008–09 analysis is part of the 

record for this rule and is available at 

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

NewReportsPublications/SpecialTopics/ 

SpecialTopics.html#HuntingRegs or at 

http://www.regulations.gov at Docket 

No. FWS–R9–MB–2010–0040. 

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 


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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 Division of Migratory Bird 

Management (see FOR FURTHER

INFORMATION CONTACT) or from our Web 

site at http://www.fws.gov/ 

migratorybirds/ 

NewReportsPublications/SpecialTopics/ 

SpecialTopics.html#HuntingRegs or at 

http://www.regulations.gov at Docket 

No. FWS–R9–MB–2010–0040. 

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 4/30/2013). 

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 

Executive Order 13211 requires 

agencies to prepare Statements of 

Energy Effects when undertaking certain 

actions. While this rule is a significant 

regulatory action under Executive Order 

12866, it is not expected to adversely 

affect energy supplies, distribution, or 

use. Therefore, this action is not a 

significant energy action and no 

Statement of Energy Effects is required. 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

With Native American Tribal 

Governments’’ (59 FR 22951), Executive 

Order 13175, and 512 DM 2, we have 

evaluated possible effects on Federally 

recognized Indian Tribes and have 

determined that there are no effects on 

Indian trust resources. However, in the 

May 13 Federal Register, we solicited 

proposals for special migratory bird 

hunting regulations for certain Tribes on 

Federal Indian reservations, offreservation trust lands, and ceded lands 

for the 2010–11 migratory bird hunting 

season. The resulting proposals were 

contained in a separate proposed rule 

(75 FR 47681, August 6, 2010). By virtue 

of these actions, we have consulted with 

Tribes affected by this rule. 

Federalism Effects 

Due to the migratory nature of certain 

species of birds, the Federal 

Government has been given 

responsibility over these species by the 

Migratory Bird Treaty Act. We annually 

prescribe frameworks from which the 

States make selections regarding the 

hunting of migratory birds, and we 

employ guidelines to establish special 

regulations on Federal Indian 

reservations and ceded lands. This 

process preserves the ability of the 

States and Tribes to determine which 

seasons meet their individual needs. 

Any State or Indian Tribe may be more 

restrictive than the Federal frameworks 

at any time. The frameworks are 

developed in a cooperative process with 

the States and the Flyway Councils. 

This process allows States to participate 

in the development of frameworks from 

which they will make selections, 

thereby having an influence on their 

own regulations. These rules do not 

have a substantial direct effect on fiscal 

capacity, change the roles or 

responsibilities of Federal or State 

governments, or intrude on State policy 

or administration. Therefore, in 

accordance with Executive Order 13132, 

these regulations do not have significant 

federalism effects and do not have 

sufficient federalism implications to 

warrant the preparation of a Federalism 

Assessment. 

Regulations Promulgation 

The rulemaking process for migratory 

game bird hunting must, by its nature, 

operate under severe time constraints. 

However, we intend that the public be 

given the greatest possible opportunity 

to comment. Thus, when the 

preliminary proposed rulemaking was 

published, we established what we 

believed were the longest periods 

possible for public comment. In doing 

this, we recognized that when the 

comment period closed, time would be 

of the essence. That is, if there were a 

delay in the effective date of these 

regulations after this final rulemaking, 

States and Tribes would have 

insufficient time to select season dates 

and limits; to communicate those 


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53778 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations 

selections to us; and to establish and 

publicize the necessary regulations and 

procedures to implement their 

decisions. We, therefore, find that ‘‘good 

cause’’ exists, within the terms of 5 

U.S.C. 553(d)(3) of the Administrative 

Procedure Act, and these seasons will, 

therefore, take effect immediately upon 

publication. 

List of Subjects in 50 CFR Part 20 

Exports, Hunting, Imports, Reporting 

and recordkeeping requirements, 

Transportation, Wildlife. 

■ Accordingly, part 20, subchapter B, 

chapter I of title 50 of the Code of 

Federal Regulations is amended as 

follows: 

PART 20—[AMENDED] 

■ 1. The authority citation for part 20 

continues to read as follows: 

Authority: Migratory Bird Treaty Act, 40 

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

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

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

16 U.S.C. 703. 

Note: The following hunting regulations 

provided for by 50 CFR 20.110 will not 

appear in the Code of Federal Regulations 

because of their seasonal nature. 

■ 2. Section 20.110 is amended by 

revising paragraphs (a) through (e), (g), 

(i) through (u), (w), and (y) through (bb), 

and adding paragraph (cc), to read as set 

forth below (Current § 20.110 was 

published at 74 FR 51707, September 2, 

2009, and amended at 74 FR 49294, 

September 25, 2009). 

§ 20.110 Seasons, limits, and other 

regulations for certain Federal Indian 

reservations, Indian Territory, and ceded 

lands. 

(a) Colorado River Indian Tribes, 

Parker, Arizona (Tribal Members and 

Nontribal Hunters). 

Doves 

Season Dates: Open September 1, 

through September 15, 2010; then open 

November 12, through December 26, 

2010. 

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 after the first 

day of the season. 

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, 

2010, through March 9, 2011. 

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 18 

and end November 28, 2010. 

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 4 and 

end November 28, 2010. 

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 18 

and end November 28, 2010. 

Daily Bag Limit: 15 mergansers, 

including no more than 6 hooded 

mergansers. 

Reservation 

Season Dates: Begin September 4 and 

end November 28, 2010. 

Daily Bag Limit: 10 mergansers, 

including no more than 4 hooded 

mergansers. 

Canada Geese: All Areas 

Season Dates: Begin September 1 and 

end November 28, 2010. 

Daily Bag Limit: 20 geese. 

Coots and Common Moorhens (Common 

Gallinules) 

1854 and 1837 Ceded Territories 

Season Dates: Begin September 18 

and end November 28, 2010. 

Daily Bag Limit: 20 coots and 

common moorhens, singly or in the 

aggregate. 

Reservation 

Season Dates: Begin September 4 and 

end November 28, 2010. 

Daily Bag Limit: 20 coots and 

common moorhens, singly or in the 

aggregate. 

Sora and Virginia Rails: All Areas 

Season Dates: Begin September 1 and 

end November 28, 2010. 

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 28, 2010. 

Daily Bag Limit: Eight common snipe. 

Woodcock: All Areas 

Season Dates: Begin September 1 and 

end November 28, 2010. 

Daily Bag Limit: Three woodcock. 

Mourning Dove: All Areas 

Season Dates: Begin September 1 and 

end October 30, 2010. 

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 


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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 18, 

2010, through January 18, 2011. 

Daily Bag Limit: 20 ducks, which may 

include no more than 5 pintail, 3 

canvasback, 5 black ducks, 1 hooded 

merganser, 5 wood ducks, 3 redheads, 

and 9 mallards (only 4 of which may be 

hens). 

Canada and Snow Geese 

Season Dates: Open September 1, 

through November 30, 2010; and open 

January 1, 2010, through February 8, 

2011. 

Daily Bag Limit: 10 geese. 

Other Geese (White-Fronted Geese and 

Brant) 

Season Dates: Open September 20, 

through November 30, 2010. 

Daily Bag Limit: Five geese. 

Sora Rails, Common Snipe, and 

Woodcock 

Season Dates: Open September 1, 

through November 14, 2010. 

Daily Bag Limit: 10 rails, 10 snipe, 

and 5 woodcock. 

Mourning Doves 

Season Dates: Open September 1, 

through November 14, 2010. 

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. 

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). 

The 2010–11 waterfowl hunting 

season regulations apply to all treaty 

areas (accept where noted): 

Ducks 

Season Dates: Begin September 15 

and end December 31, 2010. 

Daily Bag Limit: 30 ducks, including 

no more than 5 black ducks, 5 pintails, 

and 5 canvasbacks. 

Mergansers 

Season Dates: Begin September 15 

and end December 31, 2010. 

Daily Bag Limit: 10 mergansers. 

Geese 

Season Dates: Begin September 1 and 

end December 31, 2010. 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 15 

and end December 31, 2010. 

Daily Bag Limit: 20 coots and 

common moorhens (common 

gallinules), singly or in the aggregate. 

Sora and Virginia Rails 

Season Dates: Begin September 15 

and end December 31, 2010. 

Daily Bag Limits: 20 Sora and Virginia 

rails, singly or in the aggregate. 

Possession Limit: 25. 

Common Snipe 

Season Dates: Begin September 15 

and end December 31, 2010. 

Daily Bag Limit: 16 common snipe. 

Woodcock 

Season Dates: Begin September 7 and 

end December 1, 2010. 

Daily Bag Limit: 10 woodcock. 

Mourning Dove: 1837 and 1842 Ceded 

Territories 

Season Dates: Begin September 1 and 

end November 9, 2010. 

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, and United States v. 

Michigan cases. Chapter 10 in each of 

these model codes regulates ceded 

territory migratory bird hunting. All 

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 

contained in 50 CFR part 20. 

3. Particular regulations of note 

include: 

i. Nontoxic shot is required for all offreservation waterfowl hunting by Tribal 

members. 

ii. Tribal members in each zone shall 

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. 

(g) Kalispel Tribe, Kalispel 

Reservation, Usk, Washington (Tribal 

Members and Nontribal Hunters). 

Nontribal Hunters on Reservation 

Geese 

Season Dates: Open September 1, 

through September 13, 2010, for the 


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early-season, and open October 2, 2010, 

through January 31, 2011, 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 (when the State’s season is open) 

and is in addition to dark goose limits 

for the late-season. The possession limit 

is twice the daily bag limit. 

Tribal Hunters Within Kalispel Ceded 

Lands 

Ducks 

Season Dates: Open September 1, 

2010, through January 31, 2011. 

Daily Bag and Possession Limits: 7 

ducks, including no more than 2 female 

mallards, 2 pintail, 1 canvasback, 3 

scaup, and 2 redheads. The possession 

limit is twice the daily bag limit. 

Geese 

Season Dates: Open September 1, 

2010, through January 31, 2011. 

Daily Bag Limit: 6 light geese and 4 

dark geese. The daily bag limit is 2 brant 

and is in addition to dark goose limits. 

General: Tribal members must possess 

a validated Migratory Bird Hunting and 

Conservation Stamp and a Tribal ceded 

lands permit. 

(i) Leech Lake Band of Ojibwe, Cass 

Lake, Minnesota (Tribal Members Only). 

Ducks 

Season Dates: Open September 18, 

through December 31, 2010. 

Daily Bag Limits: 10 ducks. 

Geese 

Season Dates: Open September 1, 

through December 31, 2010. 

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 

commercial use of migratory birds are 

prohibited. Waterfowl may not be 

pursued or taken while using motorized 

craft. 

(j) Little River Band of Ottawa 

Indians, Manistee, Michigan (Tribal 

Members Only). 

Ducks 

Season Dates: Open September 15, 

2010, through January 20, 2011. 

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, 

2010, through February 8, 2011. 

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, 2010. 

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, 2010. 

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 

2010–11 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. 

(k) The Little Traverse Bay Bands of 

Odawa Indians, Petoskey, Michigan 

(Tribal Members Only). 

Ducks 

Season Dates: Open September 15, 

2010, through January 31, 2011. 

Daily Bag Limits: 20 ducks, including 

no more than 5 hen mallards, 5 black 

ducks, 5 redheads, 5 wood ducks, 5 

pintail, 5 hooded merganser, 5 scaup, 

and 5 canvasback. 

Coots and Gallinules 

Season Dates: Open September 1, 

through December 31, 2010. 

Daily Bag Limit: 20. 

Canada Geese 

Season Dates: Open September 1, 

2010, through February 8, 2011. 

Daily Bag Limit: 20. 

White-Fronted Geese, Snow Geese, and 

Brant 

Season Dates: Open September 1, 

2010, through February 8, 2011. 

Daily Bag Limit: 20 geese in aggregate. 

Sora and Virginia Rails 

Season Dates: Open September 1, 

through December 31, 2010. 

Daily Bag Limit: 20. 

Snipe 

Season Dates: Open September 15, 

through December 31, 2010. 

Daily Bag Limit: 16. 

Mourning Doves 

Season Dates: Open September 1, 

through November 9, 2010. 

Daily Bag Limit: 15. 

Woodcock 

Season Dates: Open September 5, 

through December 1, 2010. 

Daily Bag Limit: 10. 

General: Possession limits are twice 

the daily bag limits. 

(l) 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 11, 

2010, through March 10, 2011. 

Daily Bag and Possession Limits: Six 

ducks, including no more than one hen 

mallard, 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. 

(m) Lower Elwha Klallam Tribe, Port 

Angeles, Washington (Tribal Members 

Only). 

Ducks 

Season Dates: Open September 18, 

through December 31, 2010. 

Daily Bag and Possession Limits: 

Seven ducks, including no more than 

two hen mallards, one pintail, one 

canvasback, and two redheads. 


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Possession limit is twice the daily bag 

limit. Bag and possession limits for 

harlequin ducks is one per season. 

Geese 

Season Dates: Open September 18, 

through December 31, 2010. 

Daily Bag and Possession Limits: Four 

geese, and may include no more than 

three light geese. The seasons on 

Aleutian Canada geese and Brant are 

closed. Possession limit is twice the 

daily bag limit. 

Coots 

Season Dates: Open September 18, 

through December 31, 2010. 

Daily Bag and Possession Limits: 25 

and 50 coots, respectively. 

Mourning Doves 

Season Dates: Open September 18, 

through December 31, 2010. 

Daily Bag and Possession Limits: 10 

and 20 doves, respectively. 

Snipe 

Season Dates: Open September 18, 

through December 31, 2010. 

Daily Bag and Possession Limits: 8 

and 16 snipe, respectively. 

Band-Tailed Pigeon 

Season Dates: Open September 18, 

through December 31, 2010. 

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. 

(n) Makah Indian Tribe, Neah Bay, 

Washington (Tribal Members). 

Band-Tailed Pigeons 

Season Dates: Open September 18, 

through October 31, 2010. 

Daily Bag Limit: Two band-tailed 

pigeons. 

Ducks and Coots 

Season Dates: Open September 25, 

2010, through January 30, 2011. 

Daily Bag Limit: Seven ducks 

including no more than five mallards 

(only two of which can be a hen), one 

redhead, one pintail, three scaup, and 

one canvasback. The seasons on wood 

duck and harlequin are closed. 

Geese 

Season Dates: Open September 25, 

2010, through January 30, 2011. 

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 apply. The 

following restrictions also apply: 

(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. 

(7) Shooting hours for all species of 

waterfowl are one-half hour before 

sunrise to one-half hour after sunset. 

(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). 

(o) Navajo Nation, Navajo Indian 

Reservation, Window Rock, Arizona 

(Tribal Members and Nontribal 

Hunters). 

Band-Tailed Pigeons 

Season Dates: Open September 1, 

through September 30, 2010. 

Daily Bag and Possession Limits: 5 

and 10 pigeons, respectively. 

Mourning Doves 

Season Dates: Open September 1, 

through September 30, 2010. 

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. 

(p) Oneida Tribe of Indians of 

Wisconsin, Oneida, Wisconsin (Tribal 

Members Only). 

Ducks (Including Mergansers) 

Season Dates: Open September 18, 

through November 19, 2010, and open 

November 29, through December 5, 

2010. 

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 November 19, 2010; and open 

November 29, through December 26, 

2010. 

Daily Bag and Possession Limits: 5 

and 10 Canada geese, respectively, from 

September 1, through September 19, 

2010; and 3 and 6 Canada geese, 

respectively, the remainder of the 

season. 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 4, 

through November 7, 2010. 

Daily Bag and Possession Limits: 5 

and 10 woodcock, respectively. 

Dove 

Season Dates: Open September 1, 

through November 7, 2010. 

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. 

(q) Point No Point Treaty Council, 

Kingston, Washington (Tribal Members 

Only). 


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Jamestown S’Klallam Tribe 

Ducks 

Season Dates: Open September 15, 

2010, through February 1, 2011. 

Daily Bag and Possession Limits: 

Seven ducks, including no more than 

two hen mallards, one pintail, one 

canvasback, four scoters, and two 

redheads. Possession limit is twice the 

daily bag limit. Bag and possession 

limits for harlequin ducks is one per 

season. 

Geese 

Season Dates: Open September 15, 

2010, through March 10, 2011. 

Daily Bag and Possession Limits: Four 

geese, and may include no more than 

three light geese. The seasons on 

Aleutian and cackling Canada geese are 

closed. Possession limit is twice the 

daily bag limit. 

Brant 

Season Dates: Open January 15 

through 31, 2011. 

Daily Bag and Possession Limits: Two 

and four, respectively. 

Coots 

Season Dates: Open September 15, 

2010, through February 1, 2011. 

Daily Bag and Possession Limits: 25 

and 50 coots, respectively. 

Mourning Doves 

Season Dates: Open September 15, 

2010, through January 14, 2011. 

Daily Bag and Possession Limits: 10 

and 20 doves, respectively. 

Snipe 

Season Dates: Open September 15, 

2010, through March 10, 2011. 

Daily Bag and Possession Limits: 8 

and 16 snipe, respectively. 

Band-Tailed Pigeon 

Season Dates: Open September 15, 

2010, through March 10, 2011. 

Daily Bag and Possession Limits: 2 

and 4 pigeons, respectively. 

Port Gamble S’Klallam Tribe 

Ducks 

Season Dates: Open September 1, 

2010, through February 1, 2011. 

Daily Bag and Possession Limits: 

Seven ducks, including no more than 

two hen mallards, one pintail, one 

canvasback, four scoters, and two 

redheads. Possession limit is twice the 

daily bag limit. Bag and possession 

limits for harlequin ducks is one per 

season. 

Geese 

Season Dates: Open September 15, 

2010, through March 10, 2011. 

Daily Bag and Possession Limits: Four 

geese, and may include no more than 

three light geese. The seasons on 

Aleutian and cackling Canada geese are 

closed. Possession limit is twice the 

daily bag limit. 

Brant 

Season Dates: Open November 13, 

2010, through January 31, 2011. 

Daily Bag and Possession Limits: 2 

and 4, respectively. 

Coots 

Season Dates: Open September 1, 

2010, through February 1, 2011. 

Daily Bag and Possession Limits: 25 

and 50 coots, respectively. 

Mourning Doves 

Season Dates: Open September 1, 

2010, through January 31, 2011. 

Daily Bag and Possession Limits: 10 

and 20 doves, respectively. 

Snipe 

Season Dates: Open September 1, 

2010, through March 10, 2011. 

Daily Bag and Possession Limits: 8 

and 16 snipe, respectively. 

Band-Tailed Pigeon 

Season Dates: Open September 1, 

2010, through March 10, 2011. 

Daily Bag and Possession Limits: 2 

and 4 pigeons, respectively. 

General: Tribal members must possess 

a Tribal hunting permit from the Point 

No Point Tribal Council pursuant to 

Tribal law. Hunting hours are from onehalf hour before sunrise to sunset. 

Hunters must observe all other basic 

Federal migratory bird hunting 

regulations in 50 CFR part 20. 

(r) Sault Ste. Marie Tribe of Chippewa 

Indians, Sault Ste. Marie, Michigan 

(Tribal Members Only). 

Mourning Doves 

Season Dates: Open September 1, 

through November 14, 2010. 

Daily Bag and Possession Limits: 10 

and 20 doves, respectively. 

General: Tribal members must possess 

a Tribal hunting permit from the Sault 

Ste. Marie Tribe pursuant to Tribal law. 

Shooting hours are one-half hour before 

sunrise until 15 minutes after sunset. 

Hunters must observe all other basic 

Federal migratory bird hunting 

regulations in 50 CFR part 20. 

(t) Skokomish Tribe, Shelton, 

Washington (Tribal Members Only). 

Ducks and Mergansers 

Season Dates: Open September 16, 

2010, through February 28, 2011. 

Daily Bag and Possession Limits: 

Seven ducks, including no more than 

two hen mallards, one pintail, one 

canvasback, one harlequin per season, 

and two redheads. Possession limit is 

twice the daily bag limit (except for 

harlequin). 

Geese 

Season Dates: Open September 16, 

2010, through February 28, 2011. 

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, 

2010, through February 15, 2011. 

Daily Bag and Possession Limits: Two 

and four brant, respectively. 

Coots 

Season Dates: Open September 16, 

2010, through February 28, 2011. 

Daily Bag and Possession Limits: 25 

and 50 coots, respectively. 

Mourning Doves 

Season Dates: Open September 16, 

2010, through February 28, 2011. 

Daily Bag and Possession Limits: 10 

and 20 doves, respectively. 

Snipe 

Season Dates: Open September 16, 

2010, through February 28, 2011. 

Daily Bag and Possession Limits: 8 

and 16 snipe, respectively. 

Band-Tailed Pigeon 

Season Dates: Open September 16, 

2010, through February 28, 2011. 

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. 

Hunters must observe all other basic 

Federal migratory bird hunting 

regulations in 50 CFR part 20. 

(u) Spokane Tribe of Indians, Spokane 

Indian Reservation, Wellpinit, 

Washington (Tribal Members Only). 

Ducks 

Season Dates: Open September 2, 

2010, through January 31, 2011. 

Daily Bag and Possession Limits: 

Seven ducks, including no more than 

two hen mallards, two pintail, one 

canvasback, three scaup, and two 

redheads. Possession limit is twice the 

daily bag limit. 


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Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations 53783 

Geese 

Season Dates: Open September 2, 

2010, through January 31, 2011. 

Daily Bag and Possession Limits: Four 

dark geese and six light geese. 

Possession limit is twice the daily bag 

limit. 

General Conditions: All Tribal 

hunters must have a valid Tribal ID card 

on his or her person while hunting. 

Shooting hours are one-half hour before 

sunrise to sunset, and steel shot is 

required for all migratory bird hunting. 

Hunters must observe all other basic 

Federal migratory bird hunting 

regulations in 50 CFR part 20. 

(w) Stillaguamish Tribe of Indians, 

Arlington, Washington (Tribal Members 

Only). 

Band-Tailed Pigeon 

Season Dates: Open September 1, 

through December 31, 2010. 

Daily Bag and Possession Limits: Four 

and eight, respectively. 

Mourning Dove 

Season Dates: Open September 1, 

through December 31, 2010. 

Daily Bag and Possession Limits: 10 

and 20, respectively. 

Tribal members hunting on lands will 

observe all basic Federal migratory bird 

hunting regulations found in 50 CFR 

part 20, which will be enforced by the 

Stillaguamish Tribal Law Enforcement. 

Tribal members are required to use steel 

shot or a nontoxic shot as required by 

Federal regulations. 

(y) Tulalip Tribes, Tulalip, 

Washington (Tribal Members Only). 

Ducks 

Season Dates: Open September 8, 

2010, through February 28, 2011. 

Daily Bag and Possession Limits: 

Seven ducks, including no more than 

two hen mallards, two pintail, one 

canvasback, three scaup, and two 

redheads. Possession limit is twice the 

daily bag limit. 

Geese 

Season Dates: Open September 8, 

2010, through February 28, 2011. 

Daily Bag and Possession Limits: 

Seven geese. Possession limit is twice 

the daily bag limit. 

Brant 

Season Dates: Open September 8, 

2010, through February 28, 2011. 

Daily Bag and Possession Limits: Two 

and four brant, respectively. 

Coots 

Season Dates: Open September 8, 

2010, through February 28, 2011. 

Daily Bag and Possession Limits: 25 

and 50 coots, respectively. 

Snipe 

Season Dates: Open September 8, 

2010, and through February 28, 2011. 

Daily Bag and Possession Limits: 8 

and 16 snipe, respectively. 

General Conditions: All Tribal 

hunters must have a valid Tribal ID card 

on his or her person while hunting. 

Shooting hours are one-half hour before 

sunrise to sunset, and steel shot is 

required for all migratory bird hunting. 

Hunters must observe all other basic 

Federal migratory bird hunting 

regulations in 50 CFR part 20. 

(z) Upper Skagit Indian Tribe, Sedro 

Woolley, Washington (Tribal Members 

Only). 

Mourning Dove 

Season Dates: Open September 1, 

through December 31, 2010. 

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. 

(aa) Wampanoag Tribe of Gay Head, 

Aquinnah, Massachusetts (Tribal 

Members Only). 

Canada Geese 

Season Dates: Open September 13 

through 30, 2010, and open October 30, 

2010, through February 26, 2011. 

Daily Bag Limits: Eight Canada geese 

during the first period and three during 

the second. 

Snow Geese 

Season Dates: Open September 8 

through 22, 2010. 

Daily Bag Limits: 15 snow geese. 

General Conditions: Shooting hours 

are one-half hour before sunrise to 

sunset. Nontoxic shot is required. All 

other basic Federal migratory bird 

hunting regulations contained in 50 CFR 

part 20 will be observed. 

(bb) White Earth Band of Ojibwe, 

White Earth, Minnesota (Tribal 

Members Only). 

Ducks 

Season Dates: Open September 18, 

through December 12, 2010. 

Daily Bag Limit for Ducks: 10 ducks, 

including no more than 2 female 

mallards, 1 pintail, and 1 canvasback. 

Mergansers 

Season Dates: Open September 18, 

through December 19, 2010. 

Daily Bag Limit for Mergansers: Five 

mergansers, including no more than two 

hooded mergansers. 

Geese 

Season Dates: Open September 1 

through 26, 2010, and open September 

27, through December 19, 2010. 

Daily Bag Limit: Eight geese through 

September 26 and five thereafter. 

Coots 

Season Dates: Open September 1, 

through November 30, 2010. 

Daily Bag Limit: 20 coots. 

Sora and Virginia Rails 

Season Dates: Open September 1, 

through November 30, 2010. 

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, 2010. 

Daily Bag Limit: 10 snipe and 10 

woodcock. 

Mourning Dove 

Season Dates: Open September 1, 

through November 30, 2010. 

Daily Bag Limit: 25 doves. 

General Conditions: Shooting hours 

are one-half hour before sunrise to onehalf hour after sunset. Nontoxic shot is 

required. All other basic Federal 

migratory bird hunting regulations 

contained in 50 CFR part 20 will be 

observed. 

(cc) 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 15, 2010. 

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 15, 2010. 

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 


hsrobinson on DSK69SOYB1PROD with RULES_2
53784 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations 

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 25, 2010. 

Will Shafroth, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 2010–21664 Filed 8–31–10; 8:45 am] 

BILLING CODE 4310–55–P 


hsrobinson on DSK69SOYB1PROD with RULES_2