[Federal Register: September 25, 2008 (Volume 73, Number 187)]
[Rules and Regulations]
[Page 55676-55681]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25se08-15]
[[Page 55676]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[FWS-R9-MB-2008-0032; 91200-1231-9BPP-L2]
RIN 1018-AV62
Migratory Bird Hunting; Regulations on Certain Federal Indian
Reservations and Ceded Lands for the 2008-09 Late Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: This rule prescribes special late-season migratory bird
hunting regulations for certain tribes on Federal Indian reservations,
off-reservation trust lands, and ceded lands. This rule responds to
tribal requests for U.S. Fish and Wildlife Service (hereinafter Service
or we) recognition of their authority to regulate hunting under
established guidelines. This rule allows the establishment of season
bag limits and, thus, harvest at levels compatible with populations and
habitat conditions.
DATES: This rule takes effect on September 27, 2008.
ADDRESSES: You may inspect comments on the special hunting regulations
and tribal proposals during normal business hours in room 4107,
Arlington Square Building, 4501 N. Fairfax Drive, Arlington, Virginia.
FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, Division of Migratory
Bird Management, U.S. Fish and Wildlife Service, (703/358-1967).
SUPPLEMENTARY INFORMATION: The Migratory Bird Treaty Act of July 3,
1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), authorizes and directs the
Secretary of the Department of the Interior, having due regard for the
zones of temperature and for the distribution, abundance, economic
value, breeding habits, and times and lines of flight of migratory game
birds, to determine when, to what extent, and by what means such birds
or any part, nest or egg thereof may be taken, hunted, captured,
killed, possessed, sold, purchased, shipped, carried, exported or
transported.
In a proposed rule published in the August 15, 2008, Federal
Register (73 FR 48098), we proposed special migratory bird hunting
regulations for the 2008-09 hunting season for certain Indian tribes,
under the guidelines described in the June 4, 1985, Federal Register
(50 FR 23467). The guidelines respond to tribal requests for Service
recognition of their reserved hunting rights, and for some tribes,
recognition of their authority to regulate hunting by both tribal
members and nonmembers on their reservations. The guidelines include
possibilities for:
(1) On-reservation hunting by both tribal members and nonmembers,
with hunting by nontribal members on some reservations to take place
within Federal frameworks but on dates different from those selected by
the surrounding State(s);
(2) On-reservation hunting by tribal members only, outside of usual
Federal frameworks for season dates and length, and for daily bag and
possession limits; and
(3) Off-reservation hunting by tribal members on ceded lands,
outside of usual framework dates and season length, with some added
flexibility in daily bag and possession limits.
In all cases, the regulations established under the guidelines must
be consistent with the March 10-September 1 closed season mandated by
the 1916 Migratory Bird Treaty with Canada.
In the May 28, 2008, Federal Register (73 FR 30712), we requested
that tribes desiring special hunting regulations in the 2008-09 hunting
season submit a proposal including details on:
(a) Harvest anticipated under the requested regulations;
(b) Methods that would be employed to measure or monitor harvest
(such as bag checks, mail questionnaires, etc.);
(c) Steps that would be taken to limit level of harvest, where it
could be shown that failure to limit such harvest would adversely
impact the migratory bird resource; and
(d) Tribal capabilities to establish and enforce migratory bird
hunting regulations.
No action is required if a tribe wishes to observe the hunting
regulations established by the State(s) in which an Indian reservation
is located. We have successfully used the guidelines since the 1985-86
hunting season. We finalized the guidelines beginning with the 1988-89
hunting season (August 18, 1988, Federal Register [53 FR 31612]).
Although the August 15 proposed rule included generalized
regulations for both early- and late-season hunting, this rulemaking
addresses only the late-season proposals. Early-season proposals were
addressed in a final rule published in the September 4, 2008, Federal
Register (73 FR 51704). As a general rule, early seasons begin during
September each year and have a primary emphasis on such species as
mourning and white-winged dove. Late seasons begin about September 24
or later each year and have a primary emphasis on waterfowl.
Status of Populations
In the August 15 proposed rule and September 4 final rule, we
reviewed the status for various populations for which seasons were
proposed. This information included brief summaries of the May Breeding
Waterfowl and Habitat Survey; population status reports for blue-winged
teal, sandhill cranes, woodcock, mourning doves, white-winged doves,
white-tipped doves, and band-tailed pigeons; and the status and harvest
of waterfowl. The tribal seasons established below are commensurate
with the population status.
For more detailed information on methodologies and results,
complete copies of the various reports are available at the address
indicated under ADDRESSES or from our Web site at http://www.fws.gov/
migratorybirds/reports/reports.html.
Comments and Issues Concerning Tribal Proposals
For the 2008-09 migratory bird hunting season, we proposed
regulations for 29 tribes and/or Indian groups that followed the 1985
guidelines and were considered appropriate for final rulemaking. Some
of the proposals submitted by the tribes had both early- and late-
season elements. However, as noted earlier, only those with late-season
proposals are included in this final rulemaking; 12 tribes have
proposals with late seasons. The comment period for the proposed rule,
published on August 15, 2008, closed on August 25, 2008.
We received one comment regarding the notice of intent published on
May 28, 2008, which announced rulemaking on regulations for migratory
bird hunting by American Indian tribal members, and the August 15
proposed rule. This comment was addressed in the September 4 final
rule.
NEPA Consideration
NEPA considerations are covered by the programmatic document
``Final Supplemental Environmental Impact Statement: Issuance of Annual
Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88-
14),'' filed with the Environmental Protection Agency on June 9, 1988.
We published Notice of Availability in the Federal Register on June 16,
1988 (53 FR 22582). We published our Record of Decision on August 18,
1988 (53 FR 31341).
[[Page 55677]]
In addition, an August 1985 environmental assessment entitled
``Guidelines for Migratory Bird Hunting Regulations on Federal Indian
Reservations and Ceded Lands'' is available from the address indicated
under the caption ADDRESSES.
In a notice published in the September 8, 2005, Federal Register
(70 FR 53376), we announced our intent to develop a new Supplemental
Environmental Impact Statement for the migratory bird hunting program.
Public scoping meetings were held in the spring of 2006, and were
detailed in a March 9, 2006, Federal Register notice (71 FR 12216).
Endangered Species Act Considerations
Section 7 of the Endangered Species Act, as amended (16 U.S.C.
1531-1543; 87 Stat. 884), provides that, ``The Secretary shall review
other programs administered by him and utilize such programs in
furtherance of the purposes of this Act'' (and) shall ``insure that any
action authorized, funded or carried out * * * is not likely to
jeopardize the continued existence of any endangered species or
threatened species or result in the destruction or adverse modification
of [critical] habitat * * *'' Consequently, we conducted consultations
to ensure that actions resulting from these regulations would not
likely jeopardize the continued existence of endangered or threatened
species or result in the destruction or adverse modification of their
critical habitat. Findings from these consultations are included in a
biological opinion and may have caused modification of some regulatory
measures previously proposed. The final frameworks reflect any
modifications.
Our biological opinions resulting from this section 7 consultation
are public documents available for public inspection in the Service's
Division of Endangered Species and MBM, at the address indicated under
ADDRESSES.
Executive Order 12866
The Office of Management and Budget has determined that this rule
is significant and has reviewed this rule under Executive Order 12866.
OMB bases its determination upon the following four criteria:
(a) Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
(b) Whether the rule will create inconsistencies with other Federal
agencies' actions.
(c) Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their
recipients.
(d) Whether the rule raises novel legal or policy issues.
Regulatory Flexibility Act
The overall migratory bird hunting regulations have a significant
economic impact on a substantial numbers of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). We analyzed the
economic impacts of the annual hunting regulations on small business
entities in detail as part of the 1981 cost-benefit analysis. This
analysis was revised annually from 1990-95. In 1995, the Service issued
a Small Entity Flexibility Analysis (Analysis), which was subsequently
updated in 1996, 1998, 2004, and 2008. The primary source of
information about hunter expenditures for migratory game bird hunting
is the National Hunting and Fishing Survey, which is conducted at 5-
year intervals. The 2008 Analysis was based on the 2006 National
Hunting and Fishing Survey and the U.S. Department of Commerce's County
Business Patterns, from which it was estimated that migratory bird
hunters would spend approximately $1.2 billion at small businesses in
2008.
Copies of the Analysis are available upon request from the address
indicated under ADDRESSES or from our Web site at http://www.fws.gov/
migratorybirds/reports/reports.html or at http://www.regulations.gov.
Small Business Regulatory Enforcement Fairness Act
This rule is a major rule under 5 U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act. For the reasons outlined above,
this rule has an annual effect on the economy of $100 million or more.
However, because this rule establishes hunting seasons, we do not plan
to defer the effective date under the exemption contained in 5 U.S.C.
808(1).
Paperwork Reduction Act
We examined these regulations under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.). The various recordkeeping and reporting
requirements imposed under regulations established in 50 CFR part 20,
Subpart K, are utilized in the formulation of migratory game bird
hunting regulations. Specifically, OMB has approved the information
collection requirements of our Migratory Bird Surveys and assigned
control number 1018-0023 (expires 2/28/2011). This information is used
to provide a sampling frame for voluntary national surveys to improve
our harvest estimates for all migratory game birds in order to better
manage these populations. OMB has also approved the information
collection requirements of the Alaska Subsistence Household Survey, an
associated voluntary annual household survey used to determine levels
of subsistence take in Alaska, and assigned control number 1018-0124
(expires 1/31/2010).
A Federal agency may not conduct or sponsor and a person is not
required to respond to a collection of information unless it displays a
currently valid OMB control number.
Unfunded Mandates Reform Act
We have determined and certify, in compliance with the requirements
of the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this
rulemaking will not impose a cost of $100 million or more in any given
year on local or State government or private entities. Therefore, this
rule is not a ``significant regulatory action'' under the Unfunded
Mandates Reform Act.
Civil Justice Reform--Executive Order 12988
The Department, in promulgating this rule, has determined that this
rule will not unduly burden the judicial system and that it meets the
requirements of sections 3(a) and 3(b)(2) of Executive Order 12988.
Takings Implication Assessment
In accordance with Executive Order 12630, this rule, authorized by
the Migratory Bird Treaty Act, does not have significant takings
implications and does not affect any constitutionally protected
property rights. This rule will not result in the physical occupancy of
property, the physical invasion of property, or the regulatory taking
of any property. In fact, these rules allow hunters to exercise
otherwise unavailable privileges and, therefore, reduce restrictions on
the use of private and public property.
Energy Effects--Executive Order 13211
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, and
use. Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. While this rule is a
significant regulatory action under Executive Order 12866, it is not
expected to adversely affect energy supplies, distribution, or use.
Therefore, this action is not a significant energy
[[Page 55678]]
action and no Statement of Energy Effects is required.
Federalism Effects
Due to the migratory nature of certain species of birds, the
Federal Government has been given responsibility over these species by
the Migratory Bird Treaty Act. We annually prescribe frameworks from
which the States make selections regarding the hunting of migratory
birds, and we employ guidelines to establish special regulations on
Federal Indian reservations and ceded lands. This process preserves the
ability of the States and tribes to determine which seasons meet their
individual needs. Any State or Indian tribe may be more restrictive
than the Federal frameworks at any time. The frameworks are developed
in a cooperative process with the States and the Flyway Councils. This
process allows States to participate in the development of frameworks
from which they will make selections, thereby having an influence on
their own regulations. These rules do not have a substantial direct
effect on fiscal capacity, change the roles or responsibilities of
Federal or State governments, or intrude on State policy or
administration.
Therefore, in accordance with Executive Order 13132, these
regulations do not have significant federalism effects and do not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment.
Government-to-Government Relationship With Tribes
Due to the migratory nature of certain species of birds, the
Federal Government has been given responsibility over these species by
the Migratory Bird Treaty Act. Thus, in accordance with the President's
memorandum of April 29, 1994, ``Government-to-Government Relations with
Native American Tribal Governments'' (59 FR 22951), Executive Order
13175, and 512 DM 2, we have evaluated possible effects on federally
recognized Indian tribes and have determined that there are no effects
on Indian trust resources. However, by virtue of the tribal proposals
process, we have consulted with all the tribes affected by this rule.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
0
Accordingly, part 20, subchapter B, chapter I of Title 50 of the Code
of Federal Regulations is amended as follows:
PART 20--[AMENDED]
0
1. The authority citation for part 20 continues to read as follows:
Authority: Migratory Bird Treaty Act, 40 Stat. 755, 16 U.S.C.
703-712; Fish and Wildlife Act of 1956, 16 U.S.C. 742a-j; Pub. L.
106-108, 113 Stat. 1491, Note Following 16 U.S.C. 703.
(Note: The following hunting regulations provided for by 50 CFR
20.110 will not appear in the Code of Federal Regulations because of
their seasonal nature).
0
2. Amend section 20.110 by revising paragraphs (a), (b), (f), (j), (m),
(r), (s), and (u) and by adding paragraphs (v) through (x) to read as
set forth below. (Current Sec. 20.110 was published at 73 FR 51707,
September 4, 2008.)
Sec. 20.110 Seasons, limits, and other regulations for certain
Federal Indian reservations, Indian Territory, and ceded lands.
(a) Colorado River Indian Tribes, Parker, Arizona (Tribal Members and
Nontribal Hunters)
Doves
Season Dates: Open September 1, through September 15, 2008; then
open November 15, through December 29, 2008.
Daily Bag and Possession Limits: For the early season, daily bag
limit is 10 mourning or white-winged doves, singly, or in the
aggregate. For the late season, the daily bag limit is 10 mourning
doves. Possession limits are twice the daily bag limits.
Ducks (Including Mergansers)
Season Dates: Open October 11, 2008, through January 25, 2009.
Daily Bag and Possession Limits: Seven ducks, including two hen
mallards, two redheads, two Mexican ducks, two goldeneye, two cinnamon
teal, and one pintail. The seasons on canvasback and scaup are closed.
The possession limit is twice the daily bag limit.
Coots and Common Moorhens
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 coots and common moorhens,
singly or in the aggregate.
Geese
Season Dates: Open October 18, 2008, through January 25, 2009.
Daily Bag and Possession Limits: Three geese, including no more
than three dark (Canada) geese and three white (snow, blue, Ross's)
geese. The possession limit is six dark geese and six white geese.
General Conditions: A valid Colorado River Indian Reservation
hunting permit is required for all persons 14 years and older and must
be in possession before taking any wildlife on tribal lands. Any person
transporting game birds off the Colorado River Indian Reservation must
have a valid transport declaration form. Other tribal regulations
apply, and may be obtained at the Fish and Game Office in Parker,
Arizona.
(b) Confederated Salish and Kootenai Tribes, Flathead Indian
Reservation, Pablo, Montana (Tribal Members and Nontribal Hunters)
Tribal Members Only
Ducks (Including Mergansers)
Season Dates: Open September 1, 2008, through March 9, 2009.
Daily Bag and Possession Limits: The Tribe does not have specific
bag and possession restrictions for Tribal members. The season on
harlequin duck is closed.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: Same as ducks.
Geese
Season Dates: Same as ducks.
Daily Bag and Possession Limits: Same as ducks.
Nontribal Hunters
Ducks (Including Mergansers)
Scaup Season Dates: Open October 4, 2008, through December 28,
2008.
Season Dates: Open October 4, 2008, through January 18, 2009.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one pintail, two scaup (when open), and two
redheads. The season on canvasback is closed. The possession limit is
twice the daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: The daily bag and possession limit
is 25.
Geese
Dark Geese
Season Dates: Open September 27, 2008, through January 11, 2009.
Daily Bag and Possession Limits: Four and eight geese,
respectively.
Light Geese
Season Dates: Open September 27, 2008, through January 11, 2009.
[[Page 55679]]
Daily Bag and Possession Limits: 10 and 20 geese, respectively.
Youth Waterfowl Hunt
Season Dates: September 27-28, 2008.
Daily Bag and Possession Limits: Same as ducks.
General Conditions: Tribal members and Nontribal hunters must
comply with all basic Federal migratory bird hunting regulations
contained in 50 CFR part 20 regarding manner of taking. In addition,
shooting hours are sunrise to sunset, and each waterfowl hunter 16
years of age or older must carry on his/her person a valid Migratory
Bird Hunting and Conservation Stamp (Duck Stamp) signed in ink across
the stamp face. Special regulations established by the Confederated
Salish and Kootenai Tribes also apply on the reservation.
* * * * *
(f) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal
Members and Nontribal Hunters)
Nontribal Hunters on Reservation
Ducks
Season Dates: Open September 27, 2008, through January 25, 2009.
During this period, days to be hunted are specified by the Kalispel
Tribe as weekends, holidays, and for a continuous period in the months
of October and November, not to exceed 107 days total. Nontribal
hunters should contact the Tribe for more detail on hunting days.
Daily Bag and Possession Limits: seven ducks, including no more
than two female mallards, one pintail, and two redheads. The seasons on
canvasback and scaup are closed. The possession limit is twice the
daily bag limit.
Geese
Season Dates: Open September 1, 2008, through September 14, for the
early-season, and open October 1, through January 31, 2009, for the
late-season. During this period, days to be hunted are specified by the
Kalispel Tribe. Nontribal hunters should contact the Tribe for more
detail on hunting days.
Daily Bag and Possession Limits: 5 Canada geese for the early
season, and 3 light geese and 4 dark geese, for the late season. The
daily bag limit is 2 brant and is in addition to dark goose limits.
Tribal Hunters Within Kalispel Ceded Lands
Ducks
Season Dates: Open September 1, 2008, through January 31, 2009.
Daily Bag and Possession Limits: 7 ducks, including no more than 2
female mallards, 4 scaup, and 2 redheads. The seasons on canvasbacks
and pintail are closed. The possession limit is twice the daily bag
limit.
Geese
Season Dates: Open September 1, 2008, through January 31, 2009.
Daily Bag Limit: 3 light geese and 4 dark geese. The daily bag
limit is 2 brant and is in addition to dark goose limits.
General: Tribal members must possess a validated Migratory Bird
Hunting and Conservation Stamp and a tribal ceded lands permit.
* * * * *
(j) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,
South Dakota (Tribal Members and Nontribal Hunters)
Tribal Members
Ducks, Mergansers and Coots
Season Dates: Open September 20, 2008, through March 10, 2009.
Daily Bag and Possession Limits: Five ducks, including no more than
five mallards (only one of which may be a hen), two scaup, one mottled
duck, two redheads, two wood ducks, one canvasback, and one pintail.
Coot daily bag limit is 15. Merganser daily bag limit is five,
including no more than two hooded merganser. The possession limit is
twice the daily bag limit.
Canada Geese
Season Dates: Open October 11, 2008, through March 10, 2009.
Daily Bag and Possession Limits: Three and six, respectively.
White-Fronted Geese
Season Dates: Open October 4, 2008, through March 10, 2009.
Daily Bag and Possession Limits: Two and four, respectively.
Light Geese
Season Dates: Open October 11, 2008, through March 10, 2009.
Daily Bag and Possession Limits: 20 and 40, respectively.
Nontribal Hunters
Ducks (Including Mergansers and Coots)
Season Dates: Open October 11, 2008, through January 15, 2009.
Daily Bag and Possession Limits: Five ducks, including no more than
five mallards (only one of which may be a hen), two scaup, one mottled
duck, one canvasback, two redheads, two wood ducks, and one pintail.
Coot daily bag limit is 15. Merganser daily bag limit is five,
including no more than two hooded mergansers. The possession limit is
twice the daily bag limit.
Canada Geese
Season Dates: Open October 25, 2008, through February 8, 2009.
Daily Bag and Possession Limits: Three and six, respectively.
White-Fronted Geese
Season Dates: Open October 11, 2008, through December 21, 2008.
Daily Bag and Possession Limits: One and two, respectively.
Light Geese
Season Dates: Open October 11, 2008, through January 11, 2009, and
open February 26, through March 10, 2009.
Daily Bag and Possession Limits: 20 and 40, respectively.
General Conditions: All hunters must comply with the basic Federal
migratory bird hunting regulations in 50 CFR part 20, including the use
of steel shot. Nontribal hunters must possess a validated Migratory
Bird Hunting and Conservation Stamp. The Lower Brule Sioux Tribe has an
official Conservation Code that hunters must adhere to when hunting in
areas subject to control by the Tribe.
* * * * *
(m) Navajo Indian Reservation, Window Rock, Arizona (Tribal Members and
Nontribal Hunters)
Band-Tailed Pigeons
Season Dates: Open September 1, through September 30, 2008.
Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
Season Dates: Open September 1, through September 30, 2008.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Ducks (Including Mergansers)
Scaup Season Dates: Open September 27, through December 21, 2008.
Season Dates: Open September 27, 2008, through January 11, 2009.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one pintail, two scaup (when open), and two
redheads. The season on canvasback is closed. The possession limit is
twice the daily bag limit.
Coots and Common Moorhens
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 coots and moorhens, singly or
in the aggregate. The possession limit is twice the daily bag limit.
[[Page 55680]]
Canada Geese
Season Dates: Open September 27, 2008, through January 11, 2009.
Daily Bag and Possession Limits: Four and eight geese,
respectively.
General Conditions: Tribal and nontribal hunters will comply with
all basic Federal migratory bird hunting regulations in 50 CFR part 20,
regarding shooting hours and manner of taking. In addition, each
waterfowl hunter 16 years of age or over must carry on his/her person a
valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed
in ink across the stamp face. Special regulations established by the
Navajo Nation also apply on the reservation.
* * * * *
(r) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal
Members Only)
Ducks
Season Dates: Open October 1, 2008, through February 28, 2009.
Daily Bag and Possession Limits: 15 and 20, respectively. The
season on canvasbacks is closed.
Coots
Season Dates: Open October 15, 2008, through February 15, 2009.
Daily Bag and Possession Limits: 20 and 30, respectively.
Geese
Season Dates: Open October 15, 2008, through February 15, 2009.
Daily Bag and Possession Limits: The daily bag limits are seven
geese and five brant. The possession limits for geese and brant are 10
and 7, respectively.
Mourning Dove
Season Dates: Open September 1, through December 31, 2008.
Daily Bag and Possession Limits: 12 and 15 mourning doves,
respectively.
Tribal members must have the tribal identification and harvest
report card on their person to hunt. Tribal members hunting on the
Reservation will observe all basic Federal migratory bird hunting
regulations found in 50 CFR part 20, except shooting hours would be
one-half hour before official sunrise to one-half hour after official
sunset.
(s) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal
Members Only)
Teal
Season Dates: Open October 13, 2008, through January 26, 2009.
Daily Bag Limit: Six teal.
Ducks
Season Dates: Open October 29, 2008, and through February 25, 2009.
Daily Bag Limit: Six ducks, including no more than two hen
mallards, two black ducks, two mottled ducks, one fulvous whistling
duck, four mergansers, three scaup, one hooded merganser, two wood
ducks, one canvasback, two redheads, and one pintail. The season is
closed for harlequin ducks.
Sea Ducks
Season Dates: Open October 13, 2008, and through February 27, 2009.
Daily Bag Limit: Seven ducks including no more than four of any one
species (only one of which may be a hen eider).
Canada Geese
Season Dates: Open September 15, and through September 29, 2008,
and open October 29, 2008, through February 25, 2009.
Daily Bag Limits: 5 Canada geese during the first period, 3 during
the second.
Snow Geese
Season Dates: Open September 8, 2008, and through September 22,
2008, and open October 29, 2008, through February 25, 2009.
Daily Bag Limits: 15 snow geese.
Woodcock
Season Dates: Open October 13, and through November 28, 2008.
Daily Bag Limit: Three woodcock.
General Conditions: Shooting hours are one-half hour before sunrise
to sunset. Nontoxic shot is required. Tribal members will observe all
basic Federal migratory bird hunting regulations contained in 50 CFR.
* * * * *
(u) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New
Mexico (Tribal Members and Nontribal Hunters)
Ducks (Including Mergansers)
Season Dates: Open September 27, through November 30, 2008.
Daily Bag and Possession Limits: The daily bag limit is seven,
including no more than two hen mallards, one pintail, two redheads, and
two scaup. The possession limit is twice the daily bag limit.
Canada Geese
Season Dates: Open September 27, through November 30, 2008.
Daily Bag and Possession Limits: Two and four, respectively.
General Conditions: Tribal and nontribal hunters must comply with
all basic Federal migratory bird hunting regulations in 50 CFR part 20
regarding shooting hours and manner of taking. In addition, each
waterfowl hunter 16 years of age or older must carry on his/her person
a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp)
signed in ink across the stamp face. Special regulations established by
the Jicarilla Tribe also apply on the reservation.
(v) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only)
Ducks
Season Dates: Open October 4, 2008, through February 1, 2009.
Daily Bag and Possession Limits: 9 and 18 ducks, respectively.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 coots.
Geese
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 6 and 12 geese, respectively.
General: The Klamath Tribe provides its game management officers,
biologists, and wildlife technicians with regulatory enforcement
authority, and has a court system with judges that hear cases and set
fines. Nontoxic shot is required. Shooting hours are one-half hour
before sunrise to one-half hour after sunset.
(w) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall,
Idaho (Nontribal Hunters)
Ducks
Scaup Season Dates: Open October 25, 2008, through January 16,
2009.
Season Dates: Open October 4, 2008, through January 16, 2009.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one pintail, two scaup (when open), and two
redheads. The season on canvasback is closed. The possession limit is
twice the daily bag limit.
Mergansers
Season Dates: Same as ducks.
Daily Bag and Possession Limits: Five and ten mergansers,
respectively.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 coots. The possession limit is
twice the daily bag limit.
[[Page 55681]]
Geese
Season Dates: Open October 4, 2008, through January 16, 2009.
Daily Bag and Possession Limits: Four light geese and four dark
geese. The possession limit is twice the daily bag limit.
Common Snipe
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
General Conditions: Nontribal hunters must comply with all basic
Federal migratory bird hunting regulations in 50 CFR part 20 regarding
shooting hours and manner of taking. In addition, each waterfowl hunter
16 years of age or older must possess a valid Migratory Bird Hunting
and Conservation Stamp (Duck Stamp) signed in ink across the stamp
face. Other regulations established by the Shoshone-Bannock Tribes also
apply on the reservation.
(x) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal
Members Only)
Ducks (Including Mergansers)
Season Dates: Open October 1, 2008, through February 15, 2009.
Daily Bag and Possession Limits: 10 ducks, including no more than 7
mallards of which only 3 hen mallards, 3 pintail, 3 canvasback, 3
scaup, and 3 redheads. The possession limit is twice the daily bag
limit.
Coot
Season Dates: October 1, 2008, through January 31, 2009.
Daily Bag and Possession Limits: 25 and 50, respectively.
Geese
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 6 and 12, respectively.
Brant
Season Dates: Open October 1, 2008, through January 31, 2009.
Daily Bag and Possession Limits: Three and six, respectively.
Snipe
Season Dates: Open October 1, 2008, through January 21, 2009.
Daily Bag and Possession Limits: 10 and 20, respectively.
Tribal members hunting on lands under this proposal will observe
all basic Federal migratory bird hunting regulations found in 50 CFR
part 20, which will be enforced by the Stillaguamish Tribal Law
Enforcement. Tribal members are required to use steel shot or a
nontoxic shot as required by Federal regulations.
Dated: September 18, 2008.
Lyle Laverty,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E8-22492 Filed 9-24-08; 8:45 am]
BILLING CODE 4310-55-P
