[Federal Register Volume 72, Number 198 (Monday, October 15, 2007)]
[Rules and Regulations]
[Pages 58452-58463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20240]



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Part IV





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 20



 Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain 
Federal Indian Reservations and Ceded Lands for the 2007-08 Early and 
Late Seasons; Final Rule

  Federal Register / Vol. 72, No. 198 / Monday, October 15, 2007 / 
Rules and Regulations  

[[Page 58452]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AV12


Migratory Bird Hunting; Migratory Bird Hunting Regulations on 
Certain Federal Indian Reservations and Ceded Lands for the 2007-08 
Early and Late Seasons

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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

DATES: This rule takes effect on October 15, 2007.

ADDRESSES: You may inspect comments received on the proposed special 
hunting regulations and tribal proposals during normal business hours 
in room 4107, Arlington Square Building, 4501 N. Fairfax Drive, 
Arlington, Virginia.

FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, Division of Migratory 
Bird Management, U.S. Fish and Wildlife Service, 703/358-1967.

SUPPLEMENTARY INFORMATION: The Migratory Bird Treaty Act (MBTA) of July 
3, 1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), authorizes and directs 
the Secretary of the Department of the Interior, having due regard for 
the zones of temperature and for the distribution, abundance, economic 
value, breeding habits, and times and lines of flight of migratory game 
birds, to determine when, to what extent, and by what means such birds 
or any part, nest, or egg thereof may be taken, hunted, captured, 
killed, possessed, sold, purchased, shipped, carried, exported, or 
transported.
    In the August 31, 2007, Federal Register (72 FR 50596), we proposed 
special migratory bird hunting regulations for the 2007-08 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 April 11, 2007, Federal Register (72 FR 18328), we requested 
that tribes desiring special hunting regulations in the 2007-08 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]).
    The proposed rule included generalized regulations for both early- 
and late-season hunting, and this rulemaking addresses both the early- 
and late-season proposals. 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 September 
23 or later each year and have a primary emphasis on waterfowl.

Status of Populations

    In the August 31 proposed 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 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.

Comments and Issues Concerning Tribal Proposals

    For the 2007-08 migratory bird hunting season, we proposed 
regulations for 28 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. The comment period for the proposed rule, published on 
August 31, 2007, closed on September 10, 2007.

Great Lakes Indian Fish and Wildlife Commission's (GLIFWC) Proposal

    We received one comment in response to our April 11, 2007, notice 
of intent announcing regulations for migratory bird hunting by Native 
American GLIFWC's Tribal members, and we received one comment in 
response to our August 31, 2007, proposed rule. The Wisconsin 
Department of Natural Resources (WDNR) had biological and law 
enforcement concerns regarding the GLIFWC's proposal that requested: 
(1) Increased bag limits for most species (from 20 to 40 birds per 
day); (2) removal of species restrictions on bag limits for duck 
harvest and extension of hunting hours; and (3) increased duck hunting 
season dates beginning September 1. WDNR commented that these proposed 
changes could increase harvest, which would create a conservation 
concern to locally breeding duck populations. WDNR also believed that 
the removal of species restrictions and extension of hunting hours 
would be inconsistent with the Service's basic management philosophy on 
ducks. WDNR's law enforcement personnel also expressed concern over the 
extended shooting hours and the potential for confusion and conflict 
with different waterfowl shooting hours among Tribal and non-Tribal 
hunters on the same lands and waters.
    GLIFWC's comment responded to our August 31, 2007, proposed rule.

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GLIFWC requested removal of the Service's proposed bag limit 
restrictions on scaup and wood ducks. GLIFWC also noted that they were 
committed to appropriate harvest monitoring.
    Service Response: As we stated in the August 31, 2007, proposed 
rule, while we acknowledge that tribal harvest and participation has 
declined in recent years, we do not believe that GLIFWC's proposal for 
tribal waterfowl seasons on ceded lands in Wisconsin, Michigan, and 
Minnesota for the 2007-08 season is the best plan for increasing tribal 
participation. However, we do approve an increased bag limit for ducks 
in the 1836 Treaty Area; increased bag limits for geese in the 1836, 
1837, and 1842 Treaty Areas; lengthened season dates for all species 
except mourning doves and woodcock, from December 1-December 31; and 
extended hunting hours until 15 minutes after sunset. In addition, we 
will implement a pilot bag limit increase for ducks in the 1837 and 
1842 Treaty Areas. More specific discussion follows below.

Overall Daily Bag Limit for Waterfowl

    Based on the increased bag limits, GLIFWC is estimating a 
relatively small additional duck harvest (1000 to 1500). However, it is 
possible that hunter participation could increase beyond their 
estimates and could result in a conservation impact, particularly on 
locally breeding populations, such as wood ducks and mallards. Further, 
based on the GLIFWC's own harvest data, present daily bag limits do not 
appear to be a hindrance or limiting factor for Tribal harvest, and 
increasing the daily bag limit to 40 ducks would be far in excess (more 
than double) of anything we currently have experience with regarding 
tribal migratory bird hunting regulations. Until we have additional 
information on which we could assess potential impacts, we do not favor 
increasing daily bag limits for ducks to the extent GLIFWC has 
proposed. In an effort to obtain the necessary information, we will 
implement a pilot expansion of the daily bag limit to 30 birds per day 
in the 1837 and 1842 Treaty Areas. We support this with the 
understanding that we will need to closely monitor tribal harvest 
through either GLIFWC's own increased harvest surveys or GLIFWC's 
assisting the Service to survey tribal hunters.
    We do support the increase of the daily bag limits for ducks in the 
1836 Treaty Area to bring them more in line with our allowed GLIFWC 
daily bag limits for ducks in the 1837 and 1842 Treaty Areas. Further, 
we also support increasing the daily bag limits for geese in the 1837, 
1842, and 1836 Treaty Areas. Given the limited goose harvest and the 
Flyway-wide effort to increase the harvest of resident Canada geese, we 
see no potential conservation impacts.

Removal of Species Restrictions

    We have several concerns with GLIFWC's proposal to remove all 
species restrictions within the overall duck daily bag limits in the 
1837, 1842, and 1836 Treaty Areas. We have a number of duck species 
that are showing long-term downward population trends (pintails and 
black ducks), and others for which an increased daily bag limit of 30 
birds per day could potentially have conservation impacts 
(canvasbacks), particularly on locally breeding ducks (mallards). 
Overharvest of these species in localized areas due to removal of 
species restrictions could contribute to long-term declines. Removal of 
species restrictions on these species would be inconsistent with our 
current conservation concerns. Thus, we support the following species 
restrictions within the overall daily bag limit in all three of the 
Treaty Areas: 10 mallards (only 5 of which may be hens), 5 black ducks, 
5 pintails, and 5 canvasbacks. We believe these species restrictions 
are commensurate with each individual species' population status.
    In the August 31 proposed rule, we also proposed additional daily 
bag limit restrictions for scaup and wood ducks (a daily bag limit of 5 
for each). We proposed these particular restrictions on these species 
primarily because scaup have experienced a long-term population decline 
and wood ducks might be susceptible to local over-harvest. However, 
GLIFWC notes that neither of these species have had a within bag limit 
species restriction in the past and that were committed to appropriate 
harvest monitoring (with the understanding that this monitoring would 
be sufficient to identify any localized population impacts). We agree 
with GLIFWC and will work with them to closely monitor tribal harvest 
through either GLIFWC's own increased harvest surveys or GLIFWC's 
assisting the Service to survey tribal hunters.

Expanded Season Dates

    Generally, we have tried to limit the opening date of tribal duck 
seasons to around September 15 for a number of reasons. Foremost among 
those reasons is that opening the tribal season 2-3 weeks ahead of a 
State's normal season has the potential to impact locally breeding 
ducks. In the 1836, 1837 and 1842 Treaty Areas, we believe mallards and 
wood ducks would be the most susceptible to potential impacts of early 
September hunting. Birds are na[iuml]ve to the gun at this time prior 
to the opening of the general gun season and that could increase the 
potential for large harvests of resident breeding birds. Thus, we 
believe that expanding early September duck hunting in the 1836, 1837 
and 1842 Treaty Areas would not be in the best interest of the 
resource. However, we have less concern about allowing the extension on 
the end of the season for the month of December and support this 
portion of GLIFWC's proposal. In most instances, many waterfowl will 
have already migrated.

Expanded Shooting Hours

    Normally, shooting hours for migratory game birds are one-half hour 
before sunrise to sunset. A number of reasons and concerns have been 
cited for extending shooting hours past sunset. Potential impacts to 
some locally breeding populations (e.g., wood ducks), hunter safety, 
difficulty of identifying birds, retrieval of downed birds, and impacts 
on law enforcement are some of the normal concerns raised when 
discussing potential expansions of shooting hours. However, despite 
these concerns, we support the expansion of shooting hours by 15 
minutes after sunset in the 1837, 1842, and 1836 Treaty Areas. We have 
previously supported this in other tribal areas and have not been made 
aware of any wide-scale problems. Further, we believe the continuation 
of a specific species restriction within the daily bag limit for 
mallards, and the implementation of a species restriction within the 
daily bag limit for wood ducks, will allay potential conservation 
concerns for these species. We realize that, when implemented with all 
the other proposed changes in GLIFWC's tribal seasons, the extension of 
shooting hours could have conservation impacts. Thus, we are supporting 
this proposal with the understanding that we will need to closely 
monitor tribal harvest through either GLIFWC's own increased harvest 
surveys or GLIFWC's assisting the Service to survey tribal hunters.
    As we stated last year (71 FR 55076, September 20, 2006), we are 
willing to meet with the GLIFWC to explore possible ways to increase 
tribal participation in migratory bird hunting opportunities. Further, 
we appreciate the opportunity we had to meet with the Tribes last 
winter to discuss the mutual concerns we have for the migratory bird 
resource and future hunting opportunities. We note that GLIFWC's 
proposal this year clearly responds to some of the important concerns 
we expressed at that time and we look

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forward to continuing our dialogue in the future.

Yankton Sioux Tribe's Proposal

    We received one comment in response to our August 31, 2007, 
proposed rule. The State of South Dakota objects to the proposed 
special hunting regulations for the Yankton Sioux Tribe. South Dakota 
believes that the regulations are flawed because (1) they incorrectly 
assume the existence of reservation boundaries, and specifically assume 
the continued existence of the 1858 Reservation boundaries for a 
Yankton Sioux ``Reservation'' and (2) they incorrectly assume that 
merely placing land into trust makes it ``Indian country.''
    Service Response: The State's reading of our proposal is incorrect. 
Nothing in the Federal Register language refers to the 1858 boundaries. 
Our action does not recognize (nor could it) any particular boundary or 
the inclusion or exclusion of lands within the Yankton Sioux 
reservation or as ``Indian country.'' This action only codifies the 
migratory bird hunting rules of the Yankton Sioux Tribe that will apply 
on whatever lands are under its jurisdiction.

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 (see 
ADDRESSES).
    Annual NEPA considerations are covered under a separate 
Environmental Assessment (EA), ``Duck Hunting Regulations for 2007-
08,'' and an August 27, 2007, Finding of No Significant Impact (FONSI). 
Copies of the EA and FONSI are available upon request from the address 
indicated under ADDRESSES.
    In a notice published in the September 8, 2005, Federal Register 
(70 FR 53376), we announced our intent to develop a new Supplemental 
Environmental Impact Statement for the migratory bird hunting program. 
Public scoping meetings were held in the spring of 2006, as we 
announced in a March 9, 2006, Federal Register notice (71 FR 12216). A 
scoping report summarizing the scoping comments and scoping meetings is 
available either at the address indicated under ADDRESSES or 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 adversely affect any endangered or threatened 
species. Additionally, these findings may have caused modification of 
some regulatory measures previously proposed, and the final regulations 
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 migratory bird hunting regulations are economically significant 
and were reviewed by the Office of Management and Budget (OMB) under 
Executive Order 12866. As such, a cost/benefit analysis was initially 
prepared in 1981. This analysis was subsequently revised annually from 
1990-96, updated in 1998, and updated again in 2004. It is further 
discussed below under the heading Regulatory Flexibility Act. Results 
from the 2004 analysis indicate that the expected welfare benefit of 
the annual migratory bird hunting frameworks is on the order of $734 
million to $1.064 billion, with a mid-point estimate of $899 million. 
Copies of the cost/benefit analysis are available upon request from the 
address indicated under ADDRESSES or from our Web site at http://www.fws.gov/migratorybirds/reports/SpecialTopics/EconomicAnalysis-Final-2004.pdf.
    This year, due to limited data availability, we partially updated 
the 2004 analysis, but restricted our analysis to duck hunting. Results 
indicate that the total consumer surplus of the annual duck hunting 
frameworks is on the order of $222 to $360 million, with a mid-point 
estimate of $291 million. We plan to perform a full update of the 
analysis in 2008. Copies of the updated analysis are available upon 
request from the address indicated under ADDRESSES or from our Web site 
at http://www.fws.gov/migratorybirds/reports/SpecialTopics/EconomicAnalysis-2007Update.pdf.

Regulatory Flexibility Act

    These regulations have a significant economic impact on substantial 
numbers of small entities under the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.). We analyzed the economic impacts of the annual 
hunting regulations on small business entities in detail as part of the 
1981 cost-benefit analysis discussed under Executive Order 12866. This 
analysis was revised annually from 1990-95. In 1995, the Service issued 
a Small Entity Flexibility Analysis (Analysis), which was subsequently 
updated in 1996, 1998, and 2004. 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 2004 Analysis was based on the 2001 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 between $481 million and $1.2 billion at small businesses in 
2004. 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/SpecialTopics/EconomicAnalysis-Final-2004.pdf.
    This year, due to limited data availability, we partially updated 
the 2004 analysis, but restricted our analysis to duck hunting. Results 
indicate that the duck hunters would spend between $291 million and 
$473.5 million at small businesses in 2007. We plan to perform a full 
update of the analysis in 2008 when the full results from the 2006 
National Hunting and Fishing Survey are available. Copies of the 
updated analysis are available upon request from the address indicated 
under ADDRESSES or from our Web site at http://www.fws.gov/migratorybirds/reports/SpecialTopics/EconomicAnalysis-2007Update.pdf.

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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 (PRA). There are no new information collections in this rule that 
would require OMB approval under the PRA. The existing 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 the surveys 
associated with the Migratory Bird Harvest Information Program and 
assigned clearance number 1018-0015 (expires 2/29/2008). 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. A Federal agency may not 
conduct or sponsor, and a person is not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number.

Unfunded Mandates Reform Act

    We have determined and certify, in compliance with the requirements 
of the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this 
rulemaking will not impose a cost of $100 million or more in any given 
year on local or State government or private entities. Therefore, this 
rule is not a ``significant regulatory action'' under the Unfunded 
Mandates Reform Act.

Civil Justice Reform--Executive Order 12988

    The Department, in promulgating this rule, has determined that this 
rule will not unduly burden the judicial system and that it meets the 
requirements of sections 3(a) and 3(b)(2) of Executive Order 12988.

Takings Implication Assessment

    In accordance with Executive Order 12630, this rule, authorized by 
the Migratory Bird Treaty Act, does not have significant takings 
implications and does not affect any constitutionally protected 
property rights. This rule will not result in the physical occupancy of 
property, the physical invasion of property, or the regulatory taking 
of any property. In fact, these rules allow hunters to exercise 
otherwise unavailable privileges and, therefore, reduce restrictions on 
the use of private and public property.

Energy Effects--Executive Order 13211

    On May 18, 2001, the President issued Executive Order 13211 on 
regulations that significantly affect energy supply, distribution, and 
use. Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. While this rule is a 
significant regulatory action under Executive Order 12866, it is not 
expected to adversely affect energy supplies, distribution, or use. 
Therefore, this action is not a significant energy action and no 
Statement of Energy Effects is required.

Federalism Effects

    Due to the migratory nature of certain species of birds, the 
Federal Government has been given responsibility over these species by 
the Migratory Bird Treaty Act. We annually prescribe frameworks from 
which the States make selections regarding the hunting of migratory 
birds, and we employ guidelines to establish special regulations on 
Federal Indian reservations and ceded lands. This process preserves the 
ability of the States and tribes to determine which seasons meet their 
individual needs. Any State or Indian tribe may be more restrictive 
than the Federal frameworks at any time. The frameworks are developed 
in a cooperative process with the States and the Flyway Councils. This 
process allows States to participate in the development of frameworks 
from which they will make selections, thereby having an influence on 
their own regulations.
    These rules do not have a substantial direct effect on fiscal 
capacity, change the roles or responsibilities of Federal or State 
governments, or intrude on State policy or administration. Therefore, 
in accordance with Executive Order 13132, these regulations do not have 
significant federalism effects and do not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Government-to-Government Relationship With Tribes

    Due to the migratory nature of certain species of birds, the 
Federal Government has been given responsibility over these species by 
the Migratory Bird Treaty Act. Thus, in accordance with the President's 
memorandum of April 29, 1994, ``Government-to-Government Relations with 
Native American Tribal Governments'' (59 FR 22951), Executive Order 
13175, and 512 DM 2, we have evaluated possible effects on federally 
recognized Indian tribes and have determined that there are no effects 
on Indian trust resources. However, by virtue of the tribal proposals 
process, we have consulted with all the tribes affected by this rule.

List of Subjects in 50 CFR Part 20

    Exports, Hunting, Imports, Reporting and recordkeeping 
requirements, Transportation, Wildlife.

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: 16 U.S.C. 703-712 and 16 U.S.C. 742 a-j, Pub. L. 106-
108.

    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. Section 20.110 is revised to read as follows:


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, 2007; then 
open November 10, through December 24, 2007.
    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 13, 2007, through January 27, 2008.
    Daily Bag and Possession Limits: Seven ducks, including two hen 
mallards, two redheads, two Mexican ducks, two goldeneye, two cinnamon 
teal, and three scaup. The seasons on canvasback and pintail are 
closed. The possession limit is twice the daily bag limit.

[[Page 58456]]

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 20, 2007, through January 27, 2008.
    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: 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. Shooting hours are one-half hour before 
sunrise to sunset for all hunts except early season Dove which is one-
half hour before sunrise to noon. 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 2, 2007, through March 9, 2008.
    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)
    Season Dates: Open September 30, 2007, through January 12, 2008.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, two canvasback, three scaup, and 
two redheads. 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 30, 2007, through January 12, 2008.
    Daily Bag and Possession Limits: Four and eight geese, 
respectively.
Light Geese
    Season Dates: Open September 30, 2007, through January 12, 2008.
    Daily Bag and Possession Limits: Three and six geese, respectively.
    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) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort 
Thompson, South Dakota (Tribal Members and Nontribal Hunters).
Sandhill Cranes
    Season Dates: Open September 11, through October 17, 2007.
    Daily Bag Limit: Three sandhill cranes.
    Permits: Each person participating in the sandhill crane season 
must have a valid Federal sandhill crane hunting permit in his or her 
possession while hunting.
Ducks
    Season Dates: Open October 2, through December 14, 2007.
    Daily Bag and Possession Limits: The daily bag limit is 5 ducks, 
with species and sex restrictions as follows: 2 scaup, 2 redheads, and 
2 wood ducks, and only 1 duck from the following group--hen mallard, 
mottled duck, pintail, canvasback. The possession limit is twice the 
daily bag limit.
Mergansers
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: Five mergansers, including no more 
than one hooded merganser. The possession limit is twice the daily bag 
limit.
Canada Geese
    Season Dates: Open October 16, 2007, through January 18, 2008.
    Daily Bag and Possession Limits: Three and six, respectively.
White-fronted Geese
    Season Dates: Open September 25, through December 19, 2007.
    Daily Bag and Possession Limits: Two and four, respectively.
Light Geese
    Season Dates: Open February 10, 2008, through March 10, 2008.
    Daily Bag and Possession Limits: 20 geese daily, no possession 
limit.
    General Conditions: The possession limit is twice the daily bag 
limit. Tribal and nontribal hunters must comply with 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 Crow Creek Sioux 
Tribe also apply on the reservation.
    (d) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet, 
Minnesota (Tribal Members Only).
    All seasons in Minnesota, 1854 and 1837 Treaty Zones:
Doves
    Season Dates: Open September 1, through October 30, 2007.
    Daily Bag Limit: 30 doves.
Ducks and Mergansers
    Season Dates: Open September 15, through December 2, 2007.
    Daily Bag Limit for Ducks: 12 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.
    Daily Bag Limit for Mergansers: 15 mergansers, including no more 
than 6 hooded mergansers.
Canada Geese
    Season Dates: Open September 1, through December 2, 2007.
    Daily Bag Limit: 12 geese.
Coots and Common Moorhens (Gallinule)
    Season Dates: Open September 15, through December 2, 2007.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.
Sora and Virginia Rails
    Season Dates: Open September 1, through December 2, 2007.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate. There is no possession limit.

[[Page 58457]]

Common Snipe and Woodcock
    Season Dates: Open September 1, through December 2, 2007.
    Daily Bag Limit: Eight snipe and three woodcock.
    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. Except as 
modified by the Service rules adopted in response to this proposal, 
these amended regulations parallel Federal requirements in 50 CFR part 
20 as to hunting methods, transportation, sale, exportation, and other 
conditions generally applicable to migratory bird hunting.
    3. Band members in each zone will comply with State regulations 
providing for closed and restricted waterfowl hunting areas.
    4. There are no possession limits on any species, unless otherwise 
noted above. For purposes of enforcing bag and possession limits, all 
migratory birds in the possession or custody of band members on ceded 
lands will be considered to have been taken on those lands unless 
tagged by a tribal or State conservation warden as having been taken 
on-reservation. All migratory birds that fall on reservation lands will 
not count as part of any off-reservation bag or possession limit.
    (e) 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 22, 2007, through January 21, 2008.
    Daily Bag Limit: 12 ducks, which may include no more than 2 
pintail, 2 canvasback, 3 black ducks, 1 hooded merganser, 3 wood ducks, 
3 redheads, and 6 mallards (only 3 of which may be hens).
Canada and Snow Geese
    Season Dates: Open September 1, through November 30, and open 
January 1, 2008, through February 8, 2008.
    Daily Bag Limit: Five geese.
Other Geese (white-fronted geese and brant)
    Season Dates: Open September 20, through November 30, 2007.
    Daily Bag Limit: Five geese.
Sora Rails, Common Snipe, and Woodcock
    Season Dates: Open September 1, through November 14, 2007.
    Daily Bag Limit: 10 rails, 10 snipe, and 5 woodcock.
Mourning Doves
    Season Dates: Open September 1, through November 14, 2007.
    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.
    (f) Great Lakes Indian Fish and Wildlife Commission, Odanah, 
Wisconsin (Tribal Members Only).
    Ducks:
    A. Wisconsin and Minnesota 1837 and 1842 Treaty Areas:
    Season Dates: Begin September 15 and end December 31, 2007.
    Daily Bag Limit: 30 ducks, including no more than 10 mallards (only 
5 of which may be hens), 5 black ducks, 5 scaup, 5 pintails, 5 wood 
ducks, and 5 canvasbacks.
    B. Michigan 1836 Treaty Area:
    Season Dates: Begin September 15 and end December 31, 2007.
    Daily Bag Limit: 20 ducks, including no more than 10 mallards (only 
5 of which may be hens), 5 black ducks, 5 scaup, 5 pintails, 5 wood 
ducks, and 5 canvasbacks.
    Mergansers: All Ceded Areas:
    Season Dates: Begin September 15 and end December 31, 2007.
    Daily Bag Limit: 10 mergansers.
    Geese: All Ceded Areas:
    Season Dates: Begin September 1 and end December 31, 2007. 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:
    A. Coots and Common Moorhens (Common Gallinules):
    Season Dates: Begin September 1 and end December 31, 2007.
    Daily Bag Limit: 20 coots and common moorhens (common gallinules), 
singly or in the aggregate.
    B. Sora and Virginia Rails:
    Season Dates: Begin September 1 and end December 31, 2007.
    Daily Bag Limit: 20, singly or in the aggregate.
    C. Common Snipe:
    Season Dates: Begin September 15 and end December 1, 2007.
    Daily Bag Limit: 16 common.
    D. Woodcock:
    Season Dates: Begin September 5 and end December 1, 2007.
    Daily Bag Limit: 10 woodcock.
    E. Mourning Dove: 1837 and 1842 Ceded Territories.
    Season Dates: Begin September 1 and end October 30, 2007.
    Daily Bag Limit: 15.
General Conditions
    A. All tribal members will be required to obtain a valid tribal 
waterfowl hunting permit.
    B. Except as otherwise noted, tribal members will be required to 
comply with tribal codes that will be no less restrictive than the 
model ceded territory conservation codes approved by Federal courts in 
the Lac Courte Oreilles v. State of Wisconsin (Voigt) and Mille Lacs 
Band v. State of Minnesota cases. Chapter 10 in each of these model 
codes regulates ceded territory migratory bird hunting. Both versions 
of Chapter 10 parallel Federal requirements as to hunting methods, 
transportation, sale, exportation and other conditions generally 
applicable to migratory bird hunting. They also automatically 
incorporate by reference the Federal migratory bird regulations adopted 
in response to this proposal.
    C. Particular regulations of note include:
    1. Nontoxic shot will be required for all off-reservation waterfowl 
hunting by tribal members.
    2. 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.
    3. 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.
    4. The baiting restrictions included in the respective sections 
10.05(2)(h) of the model ceded territory conservation

[[Page 58458]]

codes will be amended to include language which parallels that in place 
for non-tribal members as published at 64 FR 29799, June 3, 1999.
    5. The shell limit restrictions included in the respective sections 
10.05(2)(b) of the model ceded territory conservation codes will be 
removed.
    6. Hunting hours shall be from a half hour before sunrise to 15 
minutes after sunset.
    D. 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) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, 
New Mexico (Tribal Members and Nontribal Hunters).
Ducks (including mergansers)
    Season Dates: Open October 13, through November 30, 2007.
    Daily Bag and Possession Limits: The daily bag limit is seven, 
including no more than two hen mallards, one pintail, one canvasback, 
two redheads, and three scaup. The possession limit is twice the daily 
bag limit.
Canada Geese
    Season Dates: Open October 13, through November 30, 2007.
    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.
    (h) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal 
Members and Nontribal Hunters).
Nontribal Hunters on Reservation
Ducks
    Season Dates: Open September 22, 2007, through January 27, 2008. 
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 and mergansers, 
including no more than two female mallards, one pintail, two 
canvasbacks, three scaup, and two redheads. The possession limit is 
twice the daily bag limit.
Geese
    Season Dates: Open September 1, through September 16, 2007, for the 
early-season, and open October 1, 2007, through January 27, 2008, 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 and 10, respectively, for the 
early season, and 4 light geese and 4 dark geese, for the late season. 
The daily bag limit is 2 brant and is in addition to dark goose limits 
for the late-season. The possession limit is twice the daily bag limit.
Tribal Hunters Within Kalispel Ceded Lands
Ducks
    Season Dates: Open September 1, 2007, through January 31, 2008.
    Daily Bag and Possession Limits: seven ducks and mergansers, 
including no more than two female mallards, one pintail, two 
canvasbacks, three scaup, and two redheads. The possession limit is 
twice the daily bag limit.
Geese
    Season Dates: Open September 1, 2007, through January 31, 2008.
    Daily Bag Limit: 4 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. Hunters 
must observe all basic Federal migratory bird hunting regulations in 50 
CFR part 20.
    (i) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only).
Ducks
    Season Dates: Open October 1, 2007, through January 28, 2008.
    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.
    (j) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members 
Only).
Ducks
    Season Dates: Open September 22, through December 31, 2007.
    Daily Bag Limits: 10 ducks.
Geese
    Season Dates: Open September 1, through December 31, 2007.
    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.
    (k) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal 
Members Only).
Ducks
    Season Dates: Open September 15, 2007, through January 20, 2008.
    Daily Bag and Possession Limits: 12 ducks, including no more than 2 
pintail, 2 canvasback, 1 hooded merganser, 3 black ducks, 3 wood ducks, 
3 redheads, and 6 mallards (only 3 of which may be hens). The 
possession limit is twice the daily bag limit.
Canada Geese
    Season Dates: Open September 1, through February 8, 2008.
    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, 2007.
    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, 2007.
    Daily Bag and Possession Limits: 10 doves, 10 rails, 10 snipe, and 
5 woodcock. The possession limit is twice the daily bag limit.
    General:
    A. All tribal members are required to obtain a valid tribal 
resource card and 2007-08 hunting license.
    B. Except as modified by the Service rules adopted in response to 
this

[[Page 58459]]

proposal, these amended regulations parallel all Federal regulations 
contained in 50 CFR part 20.
    C. Particular regulations of note include:
    (1) Nontoxic shot will be required for all waterfowl hunting by 
tribal members.
    (2) 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.
    (3) 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.
    D. Tribal members hunting in Michigan will comply with tribal codes 
that contain provisions parallel to Michigan law regarding duck blinds 
and decoys.
    (l) The Little Traverse Bay Bands of Odawa Indians, Petoskey, 
Michigan (Tribal Members Only).
Ducks
    Season Dates: Open September 15, 2007, through January 20, 2008.
    Daily Bag Limits: 12 ducks, including no more than 6 mallards (only 
3 of which may be hens), 3 black ducks, 3 redheads, 3 wood ducks, 2 
pintail, 1 hooded merganser, and 2 canvasback.
Coots and Gallinules
    Season Dates: Same as ducks.
    Daily Bag Limits: 12.
Canada Geese
    Season Dates: Open September 1, 2007, through February 8, 2008.
    Daily Bag Limit: Five geese.
White-fronted Geese, Snow Geese, and Brant
    Season Dates: Open September 1, through November 30, 2007.
    Daily Bag Limit: 10 of each species.
Sora Rails, Snipe, and Mourning Doves
    Season Dates: Open September 1, through November 14, 2007.
    Daily Bag Limit: 10 of each species.
Woodcock
    Season Dates: Open September 1, through November 14, 2007.
    Daily Bag Limit: Five woodcock.
    General: Possession limits are twice the daily bag limits. These 
amended regulations parallel all Federal regulations contained in 50 
CFR part 20.
    (m) 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 22, 2007, through March 10, 2008.
    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 13, 2007, through March 10, 2008.
    Daily Bag and Possession Limits: Three and six, respectively.
White-fronted Geese
    Season Dates: Open October 6, 2007, through March 10, 2008.
    Daily Bag and Possession Limits: Two and four, respectively.
Light Geese
    Season Dates: Open October 13, 2007, through March 10, 2008.
    Daily Bag and Possession Limits: 20 and 40, respectively.
Nontribal Hunters
Ducks (including mergansers and coots)
    Season Dates: Open October 13, 2007, through January 17, 2008.
    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 one hooded merganser. The possession limit is 
twice the daily bag limit.
Canada Geese
    Season Dates: Open October 27, 2007, through February 10, 2008.
    Daily Bag and Possession Limits: Three and six, respectively.
White-fronted Geese
    Season Dates: Open October 13, 2007, through December 23, 2007.
    Daily Bag and Possession Limits: One and two, respectively.
Light Geese
    Season Dates: Open October 13, 2007, through January 13, 2008, and 
open February 26, through March 10, 2008.
    Daily Bag and Possession Limits: 20 and 40, respectively.
    General: Hunters must observe all basic Federal migratory bird 
hunting regulations in 50 CFR part 20.
    (n) Lower Elwha Klallam Tribe, Port Angeles, Washington (Tribal 
Members Only) Ducks.
    Season Dates: Open September 22, through December 30, 2007.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, one canvasback, one harlequin, and 
two redheads. Possession limit is twice the daily bag limit.
Geese
    Season Dates: Open September 22, through December 30, 2007.
    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, 2007, through February 15, 2008.
    Daily Bag and Possession Limits: Two and four, respectively.
Coots
    Season Dates: Open September 22, through December 30, 2007.
    Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
    Season Dates: Open September 22, through December 30, 2007.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
    Season Dates: Open September 22, through December 30, 2007.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-tailed Pigeon
    Season Dates: Open September 22, through December 30, 2007.
    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.
    (o) Makah Indian Tribe, Neah Bay, Washington (Tribal Members).
Band-tailed Pigeons
    Season Dates: Open September 1, through October 31, 2007.
    Daily Bag Limit: Two band-tailed pigeons.
Ducks and Coots
    Season Dates: Open September 22, 2007, through January 20, 2008.

[[Page 58460]]

    Daily Bag Limit: Seven ducks including no more than one redhead, 
one pintail, and one canvasback. The seasons on wood duck and harlequin 
are closed.
Geese
    Season Dates: Open September 22, 2007, through January 20, 2008.
    Daily Bag Limit: Four geese including no more than one brant. The 
seasons on Aleutian and dusky Canada geese are closed.
General
    All other Federal regulations contained in 50 CFR part 20 would 
apply. The following restrictions are also imposed by the Tribe: (1) As 
per Makah Ordinance 44, only shotguns may be used to hunt any species 
of waterfowl. Additionally, shotguns must not be discharged within 0.25 
miles of an occupied area (home, business, or recreational area) and 
may not be discharged in the direction of a road; (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) 
Only steel or bismuth shot for waterfowl is allowed; the use of lead 
shot is prohibited; (6) The use of dogs is permitted to hunt waterfowl.
    (p) Navajo Indian Reservation, Window Rock, Arizona (Tribal Members 
and Nontribal Hunters).
Band-tailed Pigeons
    Season Dates: Open September 1, through September 30, 2007.
    Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
    Season Dates: Open September 1, through September 30, 2007.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Ducks (including mergansers)
    Season Dates: Open September 22, 2007, through January 6, 2008.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, one canvasback, three scaup, and 
two redheads. 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.
Canada Geese
    Season Dates: Open September 22, 2007, through January 6, 2008.
    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 face. Special regulations established by the Navajo 
Nation also apply on the reservation.
    (q) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal 
Members Only). Ducks (including mergansers)
    Season Dates: Open September 22, through November 16, 2007, and 
open November 26, through December 9, 2007.
    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 16 and open 
November 26, through December 30, 2007.
    Daily Bag and Possession Limits: Three and six Canada geese, 
respectively. Hunters will be issued three tribal tags for geese in 
order to monitor goose harvest. An additional three tags will be issued 
each time birds are registered. A seasonal quota of 150 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 8, through November 11, 2007.
    Daily Bag and Possession Limits: 5 and 10 woodcock, respectively.
Dove
    Season Dates: Open September 1, through November 11, 2007.
    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.
    (r) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort 
Hall, Idaho (Nontribal Hunters).
Ducks
    Season Dates: Open October 7, 2007, through January 19, 2008.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, two canvasback, three scaup, and 
two redheads. The possession limit is twice the daily bag limit.
Mergansers
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 7 and 14 mergansers, respectively.
Coots
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots. The possession limit is 
twice the daily bag limit.
Geese
    Season Dates: Open October 7, 2007, through January 19, 2008.
    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.

[[Page 58461]]

    (s) Skokomish Tribe, Shelton, Washington (Tribal Members Only). 
Ducks and Mergansers
    Season Dates: Open September 16, through December 31, 2007.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, one canvasback, one harlequin, and 
two redheads. Possession limit is twice the daily bag limit.
Geese
    Season Dates: Open September 16, through December 31, 2007.
    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, 2007, through February 15, 2008.
    Daily Bag and Possession Limits: Two brant. Possession limit is 
twice the daily bag limit.
Coots
    Season Dates: Open September 16, through December 31, 2007.
    Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
    Season Dates: Open September 16, through December 31, 2007.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
    Season Dates: Open September 16, through December 31, 2007.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-tailed Pigeon
    Season Dates: Open September 16, through December 31, 2007.
    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 basic Federal migratory bird hunting regulations in 50 CFR 
part 20, such as shooting hours and manner of take.
    (t) Squaxin Island Tribe, Squaxin Island Reservation, Shelton, 
Washington (Tribal Members Only).
Ducks
    Season Dates: Open September 1, 2007, through January 15, 2008.
    Daily Bag and Possession Limits: Five ducks, which may include only 
one canvasback. The season on harlequin ducks is closed. Possession 
limit is twice the daily bag limit.
Geese
    Season Dates: Open September 15, 2007, through January 15, 2008.
    Daily Bag and Possession Limits: Four geese, and may include no 
more than two snow geese. The season on Aleutian and cackling Canada 
geese is closed. Possession limit is twice the daily bag limit.
Brant
    Season Dates: Open September 1, through December 31, 2007.
    Daily Bag and Possession Limits: Two and four brant, respectively.
Coots
    Season Dates: Open September 1, 2007, through January 15, 2008.
    Daily Bag Limits: 25 coots.
Snipe
    Season Dates: Open September 15, 2007, and through January 15, 
2008.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-tailed Pigeons
    Season Dates: Open September 1, through December 31, 2007.
    Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
    General Conditions: All tribal hunters must obtain a Tribal Hunting 
Tag and Permit from the Tribe's Natural Resources Department and must 
have the permit, along with the member's treaty enrollment card, on his 
or her person while hunting. Shooting hours are one-half hour before 
sunrise to one-half hour after sunset, and steel shot is required for 
all migratory bird hunting. Other special regulations are available at 
the tribal office in Shelton, Washington.
    (u) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal 
Members Only).
Ducks (including mergansers)
    Season Dates: Open October 1, 2007, through February 15, 2008.
    Daily Bag and Possession Limits: 10 ducks, including no more than 7 
mallards of which only 3 may be 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, 2007, through January 31, 2008.
    Daily Bag and Possession Limits: 25 and 50, respectively.
Geese
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: Six and twelve, respectively.
Brant
    Season Dates: Open October 1, 2007, through January 31, 2008.
    Daily Bag and Possession Limits: Three and six, respectively.
Snipe
    Season Dates: Open October 1, 2007, through January 31, 2008.
    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.
    (v) Swinomish Indian Tribal Community, LaConner, Washington (Tribal 
Members Only).
    Off Reservation
Ducks (including mergansers)
    Season Dates: Open September 27, 2007, through February 25, 2008.
    Daily Bag and Possession Limits: 10 ducks, including no more than 5 
hen mallards, 4 pintail, 7 scaup, and 5 redheads. The season on 
canvasbacks is closed. The possession limit is twice the daily bag 
limit.
Coots
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots.
Geese
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: Seven geese, including seven dark 
geese but no more than six light geese. The possession limit is twice 
the daily bag limit.
Brant
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 5 and 10 brant, respectively.
On Reservation
Ducks (including mergansers)
    Season Dates: Open September 27, 2007, through March 9, 2008.
    Daily Bag and Possession Limits: 10 ducks, including no more than 5 
hen mallards, 4 pintail, 7 scaup, and 5 redheads. The season on 
canvasbacks is closed. The possession limit is twice the daily bag 
limit.
Coots
    Season Dates: Same as ducks.

[[Page 58462]]

    Daily Bag and Possession Limits: 25 coots.
Geese
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: Seven geese, including seven dark 
geese but no more than six light geese. The possession limit is twice 
the daily bag limit.
Brant
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 5 and 10 brant, respectively.
    General Conditions: Steps will be taken to limit level of harvest, 
where it could be shown that failure to limit such harvest would 
seriously impact the migratory bird resource. 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 Swinomish Tribal 
Fish and Game.
    (w) Tulalip Tribes of Washington, Tulalip Indian Reservation, 
Marysville, Washington (Tribal Members and Nontribal Hunters). 
Tribal Members
Ducks (Including Coots and Mergansers)
    Season Dates: Open September 15, 2007, and through February 29, 
2008.
    Daily Bag and Possession Limits: 7 and 14 ducks, respectively, 
except that bag and possession limits may include no more than 2 female 
mallards, 1 pintail, 3 scaup, 2 canvasback, and 2 redheads.
Geese
    Season Dates: Open September 15, 2007, and through February 29, 
2008.
    Daily Bag and Possession Limits: 7 and 14 geese, respectively; 
except that the bag limits may not include more than 2 brant and 1 
cackling Canada goose. For those tribal members who engage in 
subsistence hunting, the Tribes set a maximum annual bag limit of 365 
ducks and 365 geese.
Snipe
    Season Dates: Open September 15, 2007, through February 29, 2008.
    Daily Bag and Possession Limits: 8 and 16, respectively.
Nontribal Hunters
Ducks
    Season Dates: Open October 13, 2007, through January 27, 2008.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, three scaup, two canvasback, and 
two redheads. The possession limit is twice the daily bag limit.
Coots
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 and 50, respectively
Geese
    Season Dates: Open October 13, 2007, through January 27, 2008.
    Daily Bag and Possession Limits: Four dark geese, including no more 
than two cackling Canada geese, and four light geese. The possession 
limit is twice the daily bag limit.
Brant
    Season Dates: Open January 12, through January 27, 2008.
    Daily Bag and Possession Limits: Two and four brant, respectively.
Snipe
    Season Dates: Open November 14, 2007, through February 28, 2008.
    Daily Bag and Possession Limits: 8 and 16, respectively.
    General Conditions: All hunters on Tulalip Tribal lands are 
required to adhere to shooting hour regulations set at one-half hour 
before sunrise to sunset, special tribal permit requirements, and a 
number of other tribal regulations enforced by the Tribe. Nontribal 
hunters 16 years of age and older, hunting pursuant to Tulalip Tribes' 
Ordinance No. 67, must possess a valid Federal Migratory Bird Hunting 
and Conservation Stamp and a valid State of Washington Migratory 
Waterfowl Stamp. Both stamps must be validated by signing across the 
face of the stamp. Other tribal regulations apply, and may be obtained 
at the tribal office in Marysville, Washington.
    (x) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal 
Members Only). 
Mourning Dove
    Season Dates: Open September 1, through December 31, 2007.
    Daily Bag and Possession Limits: 12 and 15 mourning doves, 
respectively.
Ducks
    Season Dates: Open October 1, 2007, through February 15, 2008.
    Daily Bag and Possession Limits: 15 and 20, respectively.
Coots
    Season Dates: Open October 1, 2007, through February 15, 2008.
    Daily Bag and Possession Limits: 20 and 30, respectively.
Geese
    Season Dates: Open October 1, 2007, through February 15, 2008.
    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.
    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 15 
minutes before official sunrise to 15 minutes after official sunset.
    (y) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal 
Members Only). 
Teal
    Season Dates: Open October 15, 2007, through January 28, 2008.
    Daily Bag Limit: Six teal.
Ducks
    Season Dates: Open October 31, 2007, through February 27, 2008.
    Daily Bag Limit: Six ducks, including no more than two hen 
mallards, two black ducks, two mottled ducks, two wood 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 15, 2007, through February 29, 2008.
    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 10, and through September 24, and open 
October 31, through February 27, 2008.
    Daily Bag Limits: 5 Canada geese during the first period, 3 during 
the second.
Snow Geese
    Season Dates: Open September 10, 2007, and through September 24, 
2007.
    Daily Bag Limits: 15 snow geese.
Woodcock
    Season Dates: Open October 15, through November 30, 2007.
    Daily Bag Limit: Three woodcock.
    General Conditions: Shooting hours are one-half hour before sunrise 
to sunset. Nontoxic shot is required. All basic Federal migratory bird 
hunting regulations contained in 50 CFR part 20 will be observed.
    (z) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal 
Members Only).

[[Page 58463]]

Ducks and Mergansers
    Season Dates: Open September 15, through December 16, 2007.
    Daily Bag Limit for Ducks: 10 ducks, including no more than 2 
mallards and 1 canvasback.
    Daily Bag Limit for Mergansers: Five mergansers, including no more 
than two hooded mergansers.
Geese
    Season Dates: Open September 1, through September 28, 2007, and 
open September 29, through December 16, 2007.
    Daily Bag Limit: Eight geese through September 28 and five 
thereafter.
Coots
    Season Dates: Open September 1, through November 30, 2007.
    Daily Bag Limit: 20 coots.
Sora and Virginia Rails
    Season Dates: Open September 1, through November 30, 2007.
    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, 2007.
    Daily Bag Limit: 10 snipe and 10 woodcock.
Mourning Dove
    Season Dates: Open September 1, through November 30, 2007.
    Daily Bag Limit: 25 doves.
    General Conditions: Shooting hours are one-half hour before sunrise 
to one-half hour after sunset. Nontoxic shot is required.
    (aa) White Mountain Apache Tribe, Fort Apache Indian Reservation, 
Whiteriver, Arizona (Tribal Members and Nontribal Hunters).
Band-tailed Pigeons (Wildlife Management Unit 10 and areas south of Y-
70 and Y-10 in Wildlife Management Unit 7, only)
    Season Dates: Open September 1, through September 15, 2007.
    Daily Bag and Possession Limits: Three and six pigeons, 
respectively.
Mourning Doves (Wildlife Management Unit 10 and areas south of Y-70 and 
Y-10 in Wildlife Management Unit 7, only)
    Season Dates: Open September 1, through September 15, 2007.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
    Ducks (Including Mergansers): Open October 13, 2007, through 
January 27, 2008.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than three mallards (including no more than two hen mallard), two 
redheads, three scaup, two canvasback, and one pintail. The possession 
limit is twice the daily bag limit.
Coots, Moorhens and Gallinules
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots, moorhens, and 
gallinules, singly or in the aggregate.
    The possession limit is twice the daily bag limit.
Canada Geese
    Season Dates: Open October 13, 2007, through January 27, 2008.
    Bag and Possession Limits: Three and six, respectively.
    General Conditions: All nontribal hunters hunting band-tailed 
pigeons and mourning doves on Reservation lands shall have in their 
possession a valid White Mountain Apache Daily or Yearly Small Game 
Permit. In addition to a small game permit, all nontribal hunters 
hunting band-tailed pigeons must have in their possession a White 
Mountain Special Band-tailed Pigeon Permit. Other special regulations 
established by the White Mountain Apache Tribe apply on the 
reservation. Tribal and nontribal hunters will comply with all basic 
Federal migratory bird hunting regulations in 50 CFR part 20 regarding 
shooting hours and manner of taking.
    (bb) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and 
Nontribal Hunters).
    Ducks (including Mergansers): Open October 9, through December 21, 
2008.
    Daily Bag and Possession Limits: Five ducks, including no more than 
five mallards (no more than one hen mallard), two redheads, one mottled 
duck, one canvasback, one pintail, two scaup, and two wood ducks. The 
daily bag limit for mergansers is five, of which no more than two can 
be a hooded merganser. The possession limit is twice the daily bag 
limit.
Coots
    Season Dates: Same as other ducks.
    Daily Bag and Possession Limits: 15 and 30 coots, respectively.
Canada Geese and Brant
    Season Dates: Open October 29, 2007, through February 11, 2008.
    Daily Bag and Possession Limits: Three geese. The possession limit 
is twice the daily bag limit.
White-fronted Geese
    Season Dates: October 29, 2007, through January 22, 2008.
    Daily Bag and Possession Limits: One. The possession limit is twice 
the daily bag limit.
Light Geese
    Season Dates: Open October 29, 2007, through January 19, 2008.
    Daily Bag and Possession Limits: 20 geese daily, no possession 
limit.
    General Conditions:
    (1) The waterfowl hunting regulations established by this final 
rule apply to tribal and trust lands within the external boundaries of 
the reservation.
    (2) 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 Yankton Sioux Tribe 
also apply on the reservation.

    Dated: October 2, 2007.
David M. Verhey,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E7-20240 Filed 10-12-07; 8:45 am]
BILLING CODE 4310-55-P