[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Proposed Rules]
[Pages 40138-40154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19202]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[FWS-R9-MB-2008-0124; 91200-1231-9BPP-L2]
RIN 1018-AW31


Migratory Bird Hunting; Proposed Migratory Bird Hunting 
Regulations on Certain Federal Indian Reservations and Ceded Lands for 
the 2009-10 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (hereinafter, Service or 
we) proposes special migratory bird hunting regulations for certain 
Tribes on Federal Indian reservations, off-reservation trust lands, and 
ceded lands for the 2009-10 migratory bird hunting season.

DATES: We will accept all comments on the proposed regulations that are 
postmarked or received in our office by August 21, 2009.

ADDRESSES: You may submit comments on the proposals by one of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: 1018-AW31, Division of Policy and Directives Management, U.S. 
Fish and Wildlife Service, 4401 N. Fairfax Drive, Suite 222, Arlington, 
VA 22203.
    We will not accept e-mail or faxes. We will post all comments on 
http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments section 
below for more information).

FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, Division of Migratory 
Bird Management, U.S. Fish and Wildlife Service, (703) 358-1714.

SUPPLEMENTARY INFORMATION: In the April 10, 2009, Federal Register (74 
FR 16339), we requested proposals from Indian Tribes wishing to 
establish special migratory bird hunting regulations for the 2009-10 
hunting season, under the guidelines described in the June 4, 1985, 
Federal Register (50 FR 23467). In this supplemental proposed rule, we 
propose special migratory bird hunting regulations for 29 Indian 
Tribes, based on the input we received in response to the April 10, 
2009, proposed rule. As described in that proposed rule, the 
promulgation of annual migratory bird hunting regulations involves a 
series of rulemaking actions each year. This proposed rule is part of 
that series.
    We developed the guidelines for establishing special migratory bird 
hunting regulations for Indian Tribes in response to Tribal requests 
for recognition of their reserved hunting rights and, for some Tribes, 
recognition of their authority to regulate hunting by both Tribal and 
nontribal hunters on their reservations. The guidelines include 
possibilities for:
    (1) On-reservation hunting by both Tribal and nontribal hunters, 
with hunting by nontribal hunters 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 the 
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 to September 1 closed season mandated 
by the 1916 Convention between the United States and Great Britain (for 
Canada) for the Protection of Migratory Birds (Treaty). The guidelines 
apply to those Tribes having recognized reserved hunting rights on 
Federal Indian reservations (including off-reservation trust lands) and 
on ceded lands. They also apply to establishing migratory bird hunting 
regulations for nontribal hunters on all lands within the exterior 
boundaries of reservations where Tribes have full wildlife management 
authority over such hunting or where the Tribes and affected States 
otherwise have reached agreement over hunting by nontribal hunters on 
lands owned by non-Indians within the reservation.
    Tribes usually have the authority to regulate migratory bird 
hunting by nonmembers on Indian-owned reservation lands, subject to 
Service approval. The question of jurisdiction is more complex on 
reservations that include lands owned by non-Indians, especially when 
the surrounding States have established or intend to establish 
regulations governing hunting by non-Indians on these lands. In such 
cases, we encourage the Tribes and States to reach agreement on 
regulations that would apply throughout the reservations. When 
appropriate, we will consult with a Tribe and State with the aim of 
facilitating an accord. We also will consult jointly with Tribal and 
State officials in the affected States where Tribes wish to establish 
special hunting regulations for Tribal members on ceded lands. Because 
of past questions regarding interpretation of what events trigger the 
consultation process, as well as who initiates it, we provide the 
following clarification. We routinely provide copies of Federal 
Register publications pertaining to migratory bird management to all 
State Directors, Tribes, and other interested parties. It is the 
responsibility of the States, Tribes, and others to notify us of any 
concern regarding any feature(s) of any regulations. When we receive 
such notification, we will initiate consultation.
    Our guidelines provide for the continued harvest of waterfowl and 
other migratory game birds by Tribal members on reservations where such 
harvest has been a customary practice. We do not oppose this harvest, 
provided it does not take place during the closed season defined by the 
Treaty, and does not adversely affect the status of the migratory bird 
resource. Before developing the guidelines, we reviewed available 
information on the current status of migratory bird populations, 
reviewed the current status of migratory bird hunting on Federal Indian 
reservations, and evaluated the potential impact of such guidelines on 
migratory birds. We concluded that the impact of migratory bird harvest 
by Tribal members hunting on their reservations is minimal.
    One area of interest in Indian migratory bird hunting regulations 
relates to hunting seasons for nontribal hunters on dates that are 
within Federal frameworks, but which are different from those 
established by the State(s)

[[Page 40139]]

where the reservation is located. A large influx of nontribal hunters 
onto a reservation at a time when the season is closed in the 
surrounding State(s) could result in adverse population impacts on one 
or more migratory bird species. The guidelines make this unlikely, 
however, because Tribal proposals must include: (a) Harvest anticipated 
under the requested regulations; (b) methods that will be employed to 
measure or monitor harvest (such as bag checks, mail questionnaires, 
etc.); (c) steps that will 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. We may modify 
regulations or establish experimental special hunts, after evaluation 
and confirmation of harvest information obtained by the Tribes.
    We believe the guidelines provide appropriate opportunity to 
accommodate the reserved hunting rights and management authority of 
Indian Tribes while ensuring that the migratory bird resource receives 
necessary protection. The conservation of this important international 
resource is paramount. The guidelines should not be viewed as 
inflexible. In this regard, we note that they have been employed 
successfully since 1985. We believe they have been tested adequately 
and, therefore, we made them final beginning with the 1988-89 hunting 
season. We should stress here, however, that use of the guidelines is 
not mandatory and no action is required if a Tribe wishes to observe 
the hunting regulations established by the State(s) in which the 
reservation is located.

Service Migratory Bird Regulations Committee Meetings

    Participants at the June 24-25, 2009, meetings reviewed information 
on the current status of migratory shore and upland game birds and 
developed 2009-10 migratory game bird regulation recommendations for 
these species plus regulations for migratory game birds in Alaska, 
Puerto Rico, and the U.S. Virgin Islands; special September waterfowl 
seasons in designated States; special sea duck seasons in the Atlantic 
Flyway; and extended falconry seasons. In addition, we reviewed and 
discussed preliminary information on the status of waterfowl. 
Participants at the previously announced July 29-30, 2009, meetings 
reviewed information on the current status of waterfowl and developed 
recommendations for the 2009-10 regulations pertaining to regular 
waterfowl seasons and other species and seasons not previously 
discussed at the early-season meetings. In accordance with Department 
of the Interior policy, these meetings were open to public observation 
and you may submit comments to the Service as discussed in the Public 
Comments section below.

Population Status and Harvest

    The following paragraphs provide preliminary information on the 
status of waterfowl and information on the status and harvest of 
migratory shore and upland game birds excerpted from various reports. 
For more detailed information on methodologies and results, you may 
obtain complete copies of the various reports at the address indicated 
under FOR FURTHER INFORMATION CONTACT or from our Web site at http://www.fws.gov/migratorybirds/NewsPublicationsReports.html.

Waterfowl Breeding and Habitat Survey

    Federal, provincial, and State agencies conduct surveys each spring 
to estimate the size of breeding populations and to evaluate the 
conditions of the habitats. These surveys are conducted using fixed-
wing aircraft, helicopters, and ground crews and encompass principal 
breeding areas of North America, covering an area over 2.0 million 
square miles. The traditional survey area comprises Alaska, Canada, and 
the northcentral United States, and includes approximately 1.3 million 
square miles. The eastern survey area includes parts of Ontario, 
Quebec, Labrador, Newfoundland, Nova Scotia, Prince Edward Island, New 
Brunswick, New York, and Maine, an area of approximately 0.7 million 
square miles.
    Overall, habitat conditions were characterized as near normal for 
most of the traditional survey area during the 2009 Waterfowl Breeding 
Population and Habitat Survey, with greatly improved wetlands 
conditions in portions of the prairies. Adequate moisture and good 
habitat conditions characterized much of the eastern survey area. The 
northernmost survey areas in both the traditional and eastern survey 
areas experienced an extremely late spring.
Traditional Survey Area (U.S. and Canadian Prairies)
    Major improvements in wetlands conditions occurred across much of 
the traditional survey area in 2009. The prairie pothole region of 
southern Manitoba, most of the Dakotas and eastern Montana benefitted 
primarily from above average fall and winter precipitation. These areas 
were classified as good to excellent, with mostly fair habitat 
conditions confined to west-central Montana and southeastern South 
Dakota. Above average precipitation improved wetlands conditions in the 
southern grasslands of Saskatchewan but the habitats along the Alberta 
and Saskatchewan border are suffering under drought conditions.
    The parklands continued to receive below normal precipitation in 
2009. Fortunately, habitat conditions remain classified as fair to good 
because of the holdover water that resulted during the extremely wet 
year in 2007.
Bush (Alaska, Northern Manitoba, Northern Saskatchewan, Northwest 
Territories, Yukon Territory, Western Ontario)
    In the boreal forest, spring breakup was extremely late over most 
of the survey area in 2009. Most large lakes remained frozen into early 
June. Many smaller wetland habitats, such as beaver ponds, were open 
during the survey and those in northern Alberta and into the Northwest 
Territories were rated as good. Habitat conditions were drier across 
northern Saskatchewan and Manitoba but improved nearer to Hudson Bay. 
The majority of Alaska was rated as good.
Eastern Survey Area
    From Maine through most of the Maritimes, an above average snowfall 
was experienced and average spring temperatures were recorded, 
resulting in fully charged wetlands with little flooding, which is in 
contrast to flooding in 2008. Despite below average snowfall and winter 
temperatures for Newfoundland and Labrador, habitat conditions are 
rated as fair to excellent, with poorer conditions found at higher 
elevation habitat. Through New York and much of Quebec and Ontario, 
generally good to excellent waterfowl habitat exists but a series of 
major storms during mid-May in southwest Ontario could hamper 
production because of flooding. The Nickel and Clay belts of east-
central Ontario and points farther west were supporting good habitat at 
the time of the survey following average winter and spring 
precipitation. Good habitat conditions remained moving farther north 
but deteriorated approaching the James and Hudson Bay lowlands due to 
deep snows and a very late spring, while lowland habitats on the Quebec 
side were much drier than normal.

Status of Teal

    The estimate of blue-winged teal numbers from the Traditional 
Survey Area is 7.4 million. This represents an

[[Page 40140]]

11.0 percent increase from 2008 and is 60 percent above the 1955-2008 
average.

Sandhill Cranes

    Compared to increases recorded in the 1970s, annual indices to 
abundance of the Mid-Continent Population (MCP) of sandhill cranes have 
been relatively stable since the early 1980s. The Central Platte River 
Valley, Nebraska, spring index for 2009, uncorrected for visibility 
bias, was 460,000 sandhill cranes. The photo-corrected, 3-year average 
for 2006-08 was 382,271, which is within the established population-
objective range of 349,000-472,000 cranes.
    All Central Flyway States, except Nebraska, allowed crane hunting 
in portions of their States during 2008-09. An estimated 10,293 hunters 
participated in these seasons, which was similar to the number that 
participated in the previous season. Hunters harvested a record-high 
22,989 MCP cranes in the U.S. portion of the Central Flyway during the 
2008-09 seasons, which was 24 percent higher than the estimated harvest 
for the previous year. The retrieved harvest of MCP cranes in hunt 
areas outside of the Central Flyway (Arizona, Pacific Flyway portion of 
New Mexico, Alaska, Canada, and Mexico combined) was 15,024 during 
2008-09. The preliminary estimate for the North American MCP sport 
harvest, including crippling losses, was 42,536 birds, which was a 
record high and is 7 percent higher than the previous year's estimate. 
The long-term (1982-2004) trends for the MCP indicate that harvest has 
been increasing at a higher rate than population growth.
    The fall 2008 pre-migration survey for the Rocky Mountain 
Population (RMP) resulted in a count of 21,156 cranes. The 3-year 
average for 2005, 2007, and 2008 (no survey was conducted in 2006) was 
21,614 sandhill cranes, which is above the established population 
objective of 17,000-21,000 for the RMP. Hunting seasons during 2008-09 
in portions of Arizona, Idaho, Montana, New Mexico, Utah, and Wyoming 
resulted in a record-high harvest of 936 RMP cranes, a 14 percent 
increase from the harvest of 820 in 2007-08. The Lower Colorado River 
Valley Population (LCRVP) survey results indicate an increase from 
1,900 birds in 1998 to 2,401 birds in 2009. The 3-year average of 2,981 
LCRVP cranes is based on counts from 2006, 2007 and 2009 (survey was 
not complete in 2008) and is above the population objective of 2,500.

Woodcock

    Singing-ground and Wing-collection Surveys were conducted to assess 
the population status of the American woodcock (Scolopax minor). The 
Singing-ground Survey is intended to measure long-term changes in 
woodcock population levels. Singing-ground Survey data for 2009 
indicate that the number of displaying woodcock in the Eastern and 
Central Management Regions was unchanged from 2008. There was no 
significant 10-year trend in woodcock heard in both management regions 
during 1999-2009. This represents the sixth consecutive year that the 
10-year trend estimate for the Eastern Region did not indicate a 
significant decline. The 10-year trend in the Central Region returned 
to stability after showing a significant decline last year. There were 
long-term (1968-2009) declines of 1.1 percent per year in both 
management regions.
    Wing-collection Survey data indicate that the 2008 recruitment 
index for the U.S. portion of the Eastern Region (1.8 immatures per 
adult female) was 11 percent higher than the 2007 index, and 8 percent 
higher than the long-term average. The recruitment index for the U.S. 
portion of the Central Region (1.6 immatures per adult female) was 6 
percent higher than the 2007 index and 1 percent below the long-term 
average.

Band-tailed Pigeons and Doves

    Information on the abundance and harvest of band-tailed pigeons is 
collected annually in the western United States and British Columbia. 
Annual counts of Interior band-tailed pigeons seen and heard per route 
have not changed significantly since implementation of the Breeding 
Bird Survey (BBS) in 1966; however, they decreased significantly over 
the last 10 years. The 2008 harvest was estimated to be 4,700 birds. 
For Pacific Coast band-tailed pigeons, annual BBS counts of birds seen 
and heard per route have not changed significantly since 1966, but they 
have increased significantly over the last 10 years. According to the 
Pacific Coast Mineral Site Survey, annual counts of Pacific Coast band-
tailed pigeons seen at each mineral site have increased significantly 
since the survey was experimentally implemented in 2001, but counts 
over the last 5 years appear stable. The 2008 estimate of harvest was 
30,200 birds.
    The status report summarizes information on the abundance and 
harvest of mourning doves collected annually in the United States. The 
focus is on results from the Mourning Dove Call-count Survey, but also 
includes results from the BBS and Migratory Bird Harvest Information 
Program. According to the Call-count survey, over the most recent 10 
years (2000-09), there was no significant trend in doves heard for 
either the Eastern or Western Management Units while the Central Unit 
declined significantly. Over the 44-year period (1966-2009), there was 
no significant change in doves heard for the Eastern Unit while the 
Central and Western Units declined significantly. Based on the mean 
number of doves seen per route, however, there was no significant 
change for any of the three Management Units during the recent 10-year 
period. Over 44 years, there was no change in doves seen for the 
Eastern and Central Units while the Western Unit declined 
significantly. The preliminary 2008 harvest estimate for the United 
States was 17,402,400 doves. A banding program is underway to obtain 
current information in order to develop mourning dove population models 
for each Management Unit to provide guidance for improving our 
decision-making process with respect to harvest management.
    The two key States with a white-winged dove population are Arizona 
and Texas. California and New Mexico have much smaller populations.
    The Arizona Game and Fish Department (AGFD) has monitored white-
winged dove populations by means of a call-count survey to provide an 
annual index to population size. It runs concurrently with the 
Service's Mourning Dove Call-count Survey. The index peaked at 52.3 
mean number doves heard per route in 1968, but fell precipitously in 
the late 1970s. The index has stabilized to around 25 doves per route 
in the last few years; in 2009, the mean number of doves heard per 
route was 27.9. AGFD also monitors harvest. Harvest during the 15-day 
season (September 1-15) peaked in the late 1960s at approximately 
740,000 birds (1968 AGFD estimate) and has since stabilized at around 
100,000 birds; the preliminary 2008 Migratory Bird Harvest Information 
Program (HIP) estimate of harvest was 95,300 birds. In 2007, AGFD 
redesigned their dove harvest survey to sample only from hunters 
registered under HIP so that results from the AGFD survey would be 
comparable to those from HIP. The preliminary 2008 Arizona harvest 
estimate was 79,488.
    In Texas, white-winged doves continue to expand their breeding 
range. Nesting by whitewings has been recorded in most counties, except 
for the northeastern part of the State. Nesting is essentially confined 
to urban areas, but appears to be expanding to exurban areas. 
Concomitant with this range expansion has been a continuing increase in 
whitewing abundance. A new DISTANCE sampling protocol was

[[Page 40141]]

implemented for central and south Texas for 2007, and expanded in 2008 
so that coverage is almost Statewide. Once fully implemented, 
biologists should have the ability to obtain a good estimate of white-
winged dove abundance in Texas. While 2008 and 2009 data are not 
available at this time, 2007 surveys indicated an estimated abundance 
throughout surveyed areas (representing about 20 percent of the State) 
of about 2,300,000 whitewings. Total Statewide harvest has averaged 
about 2 million birds annually.
    The Texas Parks and Wildlife Department is working to improve 
management of white-winged doves in Texas in the following ways: (1) 
Expanding current surveys of spring populations to encompass areas 
throughout the State that now have breeding populations; (2) Completing 
the Tamaulipas-Texas White-winged Dove Strategic Plan so that there are 
consistent and comparable harvest management strategies, surveys, 
research, and data collection across the breeding range of the species; 
(3) Expanding operational banding in 2009 that was begun in 2007 to 
derive estimates of survival and harvest rates; (4) Implementing a 
wing-collection survey for recruitment rates in lieu of the feeding 
flight and production surveys; (5) Estimating probability of detection 
for more accurate estimates of breeding populations within urban 
environments; and (6) Evaluating and estimating reproductive success in 
urban areas to better estimate population increases.
    In California, BBS data (although imprecise due to a small sample 
size) indicate that there has been a significant increase in the 
population between 1968 and 2008. According to HIP surveys, the 
preliminary harvest estimate for 2008 was 83,300. In New Mexico, BBS 
data (very imprecise due to a small sample size) also showed a 
significant increase over the long term. In 2008, the estimated harvest 
was 49,100.
    White-tipped doves are believed to be maintaining a relatively 
stable population in the Lower Rio Grande Valley (LRGV) of Texas. 
DISTANCE sampling procedures in the LRGV include whitetips. However, 
until the sampling frame includes rural Rio Grande corridor habitats, 
not many whitetips will be reported. Sampling frame issues are expected 
to be resolved by next year. However, annual white-tipped dove harvest 
during the special season is only averaging 3,000-4,000 birds.

Hunting Season Proposals From Indian Tribes and Organizations

    For the 2009-10 hunting season, we received requests from 29 Tribes 
and Indian organizations. We actively solicit regulatory proposals from 
other Tribal groups that are interested in working cooperatively for 
the benefit of waterfowl and other migratory game birds. We encourage 
Tribes to work with us to develop agreements for management of 
migratory bird resources on Tribal lands.
    It should be noted that this proposed rule includes generalized 
regulations for both early- and late-season hunting. A final rule will 
be published in a late-August 2009 Federal Register that will include 
Tribal regulations for the early-hunting season. Early seasons 
generally begin around September 1 each year and most commonly include 
such species as American woodcock, sandhill cranes, mourning doves, and 
white-winged doves. Late seasons generally begin on or around September 
24 and most commonly include waterfowl species.
    In this current rulemaking, because of the compressed timeframe for 
establishing regulations for Indian Tribes and because final framework 
dates and other specific information are not available, the regulations 
for many Tribal hunting seasons are described in relation to the season 
dates, season length, and limits that will be permitted when final 
Federal frameworks are announced for early- and late-season 
regulations. For example, daily bag and possession limits for ducks on 
some areas are shown as the same as permitted in Pacific Flyway States 
under final Federal frameworks, and limits for geese will be shown as 
the same permitted by the State(s) in which the Tribal hunting area is 
located.
    The proposed frameworks for early-season regulations were published 
in the Federal Register on July 24, 2009 (74 FR 43290); early-season 
final frameworks will be published in late August. Proposed late-season 
frameworks for waterfowl and coots will be published in mid-August, and 
the final frameworks for the late seasons will be published in mid-
September. We will notify affected Tribes of season dates, bag limits, 
etc., as soon as final frameworks are established. As previously 
discussed, no action is required by Tribes wishing to observe migratory 
bird hunting regulations established by the State(s) where they are 
located. The proposed regulations for the 29 Tribes that have submitted 
proposals that meet the established criteria are shown below.

(a) Colorado River Indian Tribes, Colorado River Indian Reservation, 
Parker, Arizona (Tribal Members and Nontribal Hunters)

    The Colorado River Indian Reservation is located in Arizona and 
California. The Tribes own almost all lands on the reservation, and 
have full wildlife management authority.
    In their 2009-10 proposal, the Colorado River Indian Tribes 
requested split dove seasons. They propose that their early season 
begin September 1 and end September 15, 2009. Daily bag limits would be 
10 mourning or white-winged doves in the aggregate. The late season for 
doves is proposed to open November 14, 2009, and close December 28, 
2009. The daily bag limit would be 10 mourning doves. The possession 
limit would be twice the daily bag limit after the first day of the 
season. Shooting hours would be from one-half hour before sunrise to 
noon in the early season and until sunset in the late season. Other 
special Tribally set regulations would apply.
    The Tribes also propose duck hunting seasons. The season would open 
October 10, 2009, and run until January 24, 2010. The Tribes propose 
the same season dates for mergansers, coots, and common moorhens. The 
daily bag limit for ducks, including mergansers, would be seven, except 
that the daily bag limits could contain no more than two hen mallards, 
two redheads, two Mexican ducks, two goldeneye, three scaup, one 
pintail, and two cinnamon teal. The season on canvasback is closed. The 
possession limit would be twice the daily bag limit after the first day 
of the season. The daily bag and possession limit for coots and common 
moorhens would be 25, singly or in the aggregate.
    For geese, the Colorado River Indian Tribes propose a season of 
October 17, 2009, through January 24, 2010. The daily bag limit for 
geese would be three light geese and three dark geese. The possession 
limit would be six light geese and six dark geese after opening day.
    In 1996, the Tribes conducted a detailed assessment of dove 
hunting. Results showed approximately 16,100 mourning doves and 13,600 
white-winged doves were harvested by approximately 2,660 hunters who 
averaged 1.45 hunter-days. Field observations and permit sales indicate 
that fewer than 200 hunters participate in waterfowl seasons. Under the 
proposed regulations described here and, based upon past seasons, we 
and the Tribes estimate harvest will be similar.

[[Page 40142]]

    Hunters must have a valid Colorado River Indian Reservation hunting 
permit and a Federal Migratory Bird Stamp in their possession while 
hunting. Other special Tribally set regulations would apply. As in the 
past, the regulations would apply both to Tribal and nontribal hunters, 
and nontoxic shot is required for waterfowl hunting.
    We propose to approve the Colorado River Indian Tribes regulations 
for the 2009-10 hunting season, given the seasons dates fall within 
final flyway frameworks (applies to nontribal hunters only).

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

    For the past several years, the Confederated Salish and Kootenai 
Tribes and the State of Montana have entered into cooperative 
agreements for the regulation of hunting on the Flathead Indian 
Reservation. The State and the Tribes are currently operating under a 
cooperative agreement signed in 1990 that addresses fishing and hunting 
management and regulation issues of mutual concern. This agreement 
enables all hunters to utilize waterfowl hunting opportunities on the 
reservation.
    As in the past, Tribal regulations for nontribal hunters would be 
at least as restrictive as those established for the Pacific Flyway 
portion of Montana. Goose season dates would also be at least as 
restrictive as those established for the Pacific Flyway portion of 
Montana. Shooting hours for waterfowl hunting on the Flathead 
Reservation are sunrise to sunset. Steel shot or other Federally 
approved nontoxic shots are the only legal shotgun loads on the 
reservation for waterfowl or other game birds.
    For Tribal members, the Tribe proposes outside frameworks for ducks 
and geese of September 1, 2009, through March 9, 2010. Daily bag and 
possession limits were not proposed for Tribal members.
    The requested season dates and bag limits are similar to past 
regulations. Harvest levels are not expected to change significantly. 
Standardized check station data from the 1993-94 and 1994-95 hunting 
seasons indicated no significant changes in harvest levels and that the 
large majority of the harvest is by nontribal hunters.
    We propose to approve the Tribes' request for special migratory 
bird regulations for the 2009-10 hunting season.

(c) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet, 
Minnesota (Tribal Members Only)

    Since 1996, the Service and the Fond du Lac Band of Lake Superior 
Chippewa Indians have cooperated to establish special migratory bird 
hunting regulations for Tribal members. The Fond du Lac's May 19, 2009, 
proposal covers land set apart for the band under the Treaties of 1837 
and 1854 in northeast and east-central Minnesota.
    The band's proposal for 2009-10 is essentially the same as that 
approved last year except the Tribe has separate regulations for the 
1854 and 1837 ceded territories and reservation lands. The proposed 
2009-10 waterfowl hunting season regulations for Fond du Lac are as 
follows:
Ducks
A. 1854 and 1837 Ceded Territories
    Season Dates: Begin September 19 and end November 29, 2009.
    Daily Bag Limit: 18 ducks, including no more than 12 mallards (only 
3 of which may be hens), 3 black ducks, 6 scaup, 6 wood ducks, 6 
redheads, 3 pintails, and 3 canvasbacks.
B. Reservation
    Season Dates: Begin September 5 and end November 29, 2009.
    Daily Bag Limit: 12 ducks, including no more than 8 mallards (only 
2 of which may be hens), 2 black ducks, 4 scaup, 4 redheads, 2 
pintails, 4 wood ducks, and 2 canvasbacks.
Mergansers
A. 1854 and 1837 Ceded Territories
    Season Dates: Begin September 19 and end November 29, 2009.
    Daily Bag Limit: 15 mergansers, including no more than 6 hooded 
mergansers.
B. Reservation
    Season Dates: Begin September 5 and end November 29, 2009.
    Daily Bag Limit: 10 mergansers, including no more than 4 hooded 
mergansers.
Canada Geese
All Areas
    Season Dates: Begin September 1 and end November 29, 2009.
    Daily Bag Limit: 20 geese.
Coots and Common Moorhens (Common Gallinules)
A. 1854 and 1837 Ceded Territories
    Season Dates: Begin September 19 and end November 29, 2009.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.
B. Reservation
    Season Dates: Begin September 5 and end November 29, 2009.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.
Sora and Virginia Rails
A. 1854 and 1837 Ceded Territories
    Season Dates: Begin September 1 and end November 29, 2009.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate.
B. Reservation
    Season Dates: Begin September 1 and end December 2, 2009.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate.
Common Snipe
All Areas
    Season Dates: Begin September 1 and end November 29, 2009.
    Daily Bag Limit: Eight common snipe.
Woodcock
All Areas
    Season Dates: Begin September 1 and end November 29, 2009.
    Daily Bag Limit: Three woodcock.
Mourning Dove
All Areas
    Season Dates: Begin September 1 and end October 30, 2009.
    Daily Bag Limit: 30 mourning dove.
    The following general conditions apply:
    1. While hunting waterfowl, a Tribal member must carry on his/her 
person a valid Ceded Territory License.
    2. Shooting hours for migratory birds are one-half hour before 
sunrise to one-half hour after sunset.
    3. 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.
    4. Band members in each zone will comply with State regulations 
providing for closed and restricted waterfowl hunting areas.
    5. There are no possession limits on any species, unless otherwise 
noted

[[Page 40143]]

above. For purposes of enforcing bag 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.
    The band anticipates harvest will be fewer than 500 ducks and 
geese.
    We propose to approve the request for special migratory bird 
hunting regulations for the Fond du Lac Band of Lake Superior Chippewa 
Indians.

(d) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay, 
Michigan (Tribal Members Only)

    In the 1995-96 migratory bird seasons, the Grand Traverse Band of 
Ottawa and Chippewa Indians and the Service first cooperated to 
establish special regulations for waterfowl. The Grand Traverse Band is 
a self-governing, Federally recognized Tribe located on the west arm of 
Grand Traverse Bay in Leelanau County, Michigan. The Grand Traverse 
Band is a signatory Tribe of the Treaty of 1836. We have approved 
special regulations for Tribal members of the 1836 treaty's signatory 
Tribes on ceded lands in Michigan since the 1986-87 hunting season.
    For the 2009-10 season, the Tribe requests that the Tribal member 
duck season run from September 20, 2009, through January 18, 2010. A 
daily bag limit of 15 would include no more than 3 pintail, 2 
canvasback, 1 hooded merganser, 3 black ducks, 5 wood ducks, 3 
redheads, and 7 mallards (only 3 of which may be hens).
    For Canada and snow geese, the Tribe proposes a September 1 through 
November 30, 2009, and a January 1 through February 8, 2010, season. 
For white-fronted geese and brant, the Tribe proposes a September 20 
through November 30, 2009, season. The daily bag limit for Canada and 
snow geese would be 10 and the daily bag limit for white-fronted geese 
and including brant would be 5 birds. We further note that based on 
available data (of major goose migration routes), it is unlikely that 
any Canada geese from the Southern James Bay Population will be 
harvested by the Tribe.
    For woodcock, the Tribe proposes a September 1 through November 14, 
2009, season. The daily bag limit will not exceed five birds. For 
mourning doves, snipe, and rails, the Tribe proposes a September 1 
through November 14, 2009, season. The daily bag limit would be 10 per 
species.
    All other Federal regulations contained in 50 CFR part 20 would 
apply. The Tribe proposes to monitor harvest closely through game bag 
checks, patrols, and mail surveys. Harvest surveys from the 2006-07 
hunting season indicated that approximately 15 Tribal hunters harvested 
an estimated 112 ducks and 50 Canada geese.
    We propose to approve the Grand Traverse Band of Ottawa and 
Chippewa Indians requested 2009-10 special migratory bird hunting 
regulations.

(e) Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin 
(Tribal Members Only)

    Since 1985, various bands of the Lake Superior Tribe of Chippewa 
Indians have exercised judicially recognized off-reservation hunting 
rights for migratory birds in Wisconsin. The specific regulations were 
established by the Service in consultation with the Wisconsin 
Department of Natural Resources and the Great Lakes Indian Fish and 
Wildlife Commission (GLIFWC, which represents the various bands). 
Beginning in 1986, a Tribal season on ceded lands in the western 
portion of the State's Upper Peninsula was developed in coordination 
with the Michigan Department of Natural Resources, and we have approved 
special regulations for Tribal members in both Michigan and Wisconsin 
since the 1986-87 hunting season. In 1987, the GLIFWC requested, and we 
approved, special regulations to permit Tribal members to hunt on ceded 
lands in Minnesota, as well as in Michigan and Wisconsin. The States of 
Michigan and Wisconsin originally concurred with the regulations, 
although Wisconsin has raised concerns in the past and Michigan now 
annually raises objections. Minnesota did not concur with the original 
regulations, stressing that the State would not recognize Chippewa 
Indian hunting rights in Minnesota's treaty area until a court with 
jurisdiction over the State acknowledges and defines the extent of 
these rights. We acknowledge all of the States' concerns, but point out 
that the U.S. Government has recognized the Indian hunting rights 
decided in the Lac Courte Oreilles v. State of Wisconsin (Voigt) case, 
and that acceptable hunting regulations have been negotiated 
successfully in both Michigan and Wisconsin even though the Voigt 
decision did not specifically address ceded land outside Wisconsin. We 
believe this is appropriate because the treaties in question cover 
ceded lands in Michigan (and Minnesota), as well as in Wisconsin.
    Consequently, in view of the above, we have approved special 
regulations since the 1987-88 hunting season on ceded lands in all 
three States. In fact, this recognition of the principle of reserved 
treaty rights for band members to hunt and fish was pivotal in our 
decision to approve a special 1991-92 season for the 1836 ceded area in 
Michigan.
    For 2009, the GLIFWC proposed off-reservation special migratory 
bird hunting regulations on behalf of the member Tribes of the Voigt 
Intertribal Task Force of the GLIFWC (for the 1837 and 1842 Treaty 
areas) and the Bay Mills Indian Community (for the 1836 Treaty area). 
Member Tribes of the Task Force are: The Bad River Band of the Lake 
Superior Tribe of Chippewa Indians, the Lac Courte Oreilles Band of 
Lake Superior Chippewa Indians, the Lac du Flambeau Band of Lake 
Superior Chippewa Indians, the Red Cliff Band of Lake Superior Chippewa 
Indians, the St. Croix Chippewa Indians of Wisconsin, the Sokaogon 
Chippewa Community (Mole Lake Band), all in Wisconsin; the Mille Lacs 
Band of Chippewa Indians in Minnesota; the Lac Vieux Desert Band of 
Chippewa Indians and the Keweenaw Bay Indian Community in Michigan.
    The GLIFWC 2009 proposal is generally similar to last year's 
regulations, except that it includes minor season date adjustment to 
the woodcock season to keep the opening day after Labor Day.
    GLIFWC is still completing a waterfowl harvest survey for the 2008 
season; however, the Tribe expects harvest would likely remain below 
5,000 ducks and 1,000 geese, which is similar to anticipated levels in 
previous years.
    Recent GLIFWC harvest surveys (1996-98, 2001, and 2004) indicate 
that Tribal off-reservation waterfowl harvest has averaged less than 
1,000 ducks and 120 geese annually. In the latest survey year (2004), 
an estimated 53 hunters took an estimated 421 trips and harvested 645 
ducks (1.5 ducks per trip) and 84 geese (0.2 geese per trip). Further, 
in the last 5 years of harvest surveys, only 1 hunter reported 
harvesting 20 ducks in a single day. Analysis of hunter survey data 
over the period in question (1996-2004) indicates a general downward 
trend in both harvest and hunter participation.
    The proposed 2009-10 waterfowl hunting season regulations for 
GLIFWC are as follows:

[[Page 40144]]

Ducks
A. Wisconsin and Minnesota 1837 and 1842 Treaty Areas
    Season Dates: Begin September 15 and end December 31, 2009.
    Daily Bag Limit: 30 ducks, including no more than 5 black ducks, 5 
pintails, and 5 canvasbacks.
B. Michigan 1836 Treaty Area
    Season Dates: Begin September 15 and end December 31, 2009.
    Daily Bag Limit: 20 ducks, including no more than 5 black ducks, 5 
pintails, and 5 canvasbacks.
Mergansers
All Ceded Areas
    Season Dates: Begin September 15 and end December 31, 2009.
    Daily Bag Limit: 10 mergansers.
Geese
All Ceded Areas
    Season Dates: Begin September 1 and end December 31, 2009. In 
addition, any portion of the ceded territory that is open to State-
licensed hunters for goose hunting outside of these dates 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 15 and end December 31, 2009.
    Daily Bag Limit: 20 coots and common moorhens (common gallinules), 
singly or in the aggregate.
B. Sora and Virginia Rails
    Season Dates: Begin September 15 and end December 31, 2009.
    Daily Bag Limit: 20, singly or in the aggregate.
C. Common Snipe
    Season Dates: Begin September 15 and end December 31, 2009.
    Daily Bag Limit: 16 common snipe.
D. Woodcock
    Season Dates: Begin September 8 and end December 1, 2009.
    Daily Bag Limit: 10 woodcock.
E. Mourning Dove
1837 and 1842 Ceded Territories.
    Season Dates: Begin September 1 and end November 9, 2009.
    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 codes will be 
amended to include language which parallels that in place for nontribal 
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.
    We propose to approve the GLIFWC regulations for the 2009-10 
hunting season.

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

    The Jicarilla Apache Tribe has had special migratory bird hunting 
regulations for Tribal members and nonmembers since the 1986-87 hunting 
season. The Tribe owns all lands on the reservation and has recognized 
full wildlife management authority. In general, the proposed seasons 
would be more conservative than allowed by the Federal frameworks of 
last season and by States in the Pacific Flyway.
    The Tribe proposed a 2009-10 waterfowl and Canada goose season 
beginning October 10, 2009, and a closing date of November 30, 2009. 
Daily bag and possession limits for waterfowl would be the same as 
Pacific Flyway States. The Tribe proposes a daily bag limit for Canada 
geese of two. Other regulations specific to the Pacific Flyway 
guidelines for New Mexico would be in effect.
    During the Jicarilla Game and Fish Department's 2008-09 season, 
estimated duck harvest was 548, which is within the historical harvest 
range. The species composition in the past has included mainly 
mallards, gadwall, wigeon, and teal. Northern pintail comprised 2 
percent of the total harvest in 2008. The estimated harvest of geese 
was 12 birds.
    The proposed regulations are essentially the same as were 
established last year. The Tribe anticipates the maximum 2009-10 
waterfowl harvest would be around 550-600 ducks and 25-30 geese.
    We propose to approve the Tribe's requested 2009-10 hunting 
seasons.

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

    The Kalispel Reservation was established by Executive Order in 
1914, and currently comprises approximately 4,600 acres. The Tribe owns 
all Reservation land and has full management authority. The Kalispel 
Tribe has a fully developed wildlife program with hunting and fishing 
codes. The Tribe enjoys excellent wildlife management relations with 
the State. The Tribe and the State have an operational Memorandum of 
Understanding with emphasis on fisheries but also for wildlife.
    The nontribal member seasons described below pertain to a 176-acre 
waterfowl management unit and 800

[[Page 40145]]

acres of reservation land with a guide for waterfowl hunting. The Tribe 
is utilizing this opportunity to rehabilitate an area that needs 
protection because of past land use practices, as well as to provide 
additional waterfowl hunting in the area. Beginning in 1996, the 
requested regulations also included a proposal for Kalispel-member-only 
migratory bird hunting on Kalispel-ceded lands within Washington, 
Montana, and Idaho.
    For the 2009-10 migratory bird hunting seasons, the Kalispel Tribe 
proposed Tribal and nontribal member waterfowl seasons. The Tribe 
requests that both duck and goose seasons open at the earliest possible 
date and close on the latest date under Federal frameworks.
    For nontribal hunters on reservation, the Tribe requests the 
seasons open at the earliest possible date and remain open, for the 
maximum amount of open days. Specifically, the Tribe requests that the 
season for ducks begin September 18, 2009, and end January 31, 2010. In 
that period, nontribal hunters would be allowed to hunt approximately 
101 days. Hunters should obtain further information on specific hunt 
days from the Kalispel Tribe.
    The Tribe also requests the season for geese run from September 1 
to September 13, 2009, and from October 2, 2009, to January 31, 2010. 
Total number of days should not exceed 107. Nontribal hunters should 
obtain further information on specific hunt days from the Tribe. Daily 
bag and possession limits would be the same as those for the State of 
Washington.
    The Tribe reports a 2007-08 nontribal harvest of 55 ducks. Under 
the proposal, the Tribe expects harvest to be similar to last year and 
less than 100 geese and 200 ducks.
    All other State and Federal regulations contained in 50 CFR part 
20, such as use of nontoxic shot and possession of a signed migratory 
bird hunting stamp, would be required.
    For Tribal members on Kalispel-ceded lands, the Kalispel propose 
season dates consistent with Federal flyway frameworks. Specifically, 
the Tribe requests outside frameworks for ducks of October 1, 2009, 
through January 31, 2010, and geese of September 1, 2009, through 
January 31, 2010. The Tribe requests that both duck and goose seasons 
open at the earliest possible date and close on the latest date under 
Federal frameworks. During that period, the Tribe proposes that the 
season run continuously. Daily bag and possession limits would be 
concurrent with the Federal rule.
    The Tribe reports that there was no Tribal harvest. Under the 
proposal, the Tribe expects harvest to be less than 200 birds for the 
season with less than 100 geese. Tribal members would be required to 
possess a signed Federal migratory bird stamp and a Tribal ceded lands 
permit.
    We propose to approve the regulations requested by the Kalispel 
Tribe, provided that the nontribal seasons conform to Treaty 
limitations and final Federal frameworks for the Pacific Flyway.

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

    The Klamath Tribe currently has no reservation, per se. However, 
the Klamath Tribe has reserved hunting, fishing, and gathering rights 
within its former reservation boundary. This area of former 
reservation, granted to the Klamaths by the Treaty of 1864, is over 1 
million acres. Tribal natural resource management authority is derived 
from the Treaty of 1864, and carried out cooperatively under the 
judicially enforced Consent Decree of 1981. The parties to this Consent 
Decree are the Federal Government, the State of Oregon, and the 
Klamaths. The Klamath Indian Game Commission sets the seasons. The 
Tribal biological staff and Tribal Regulatory Enforcement Officers 
monitor Tribal harvest by frequent bag checks and hunter interviews.
    For the 2009-10 season, the Tribe requests proposed season dates of 
October 1, 2009, through January 31, 2010. Daily bag limits would be 9 
for ducks, 9 for geese, and 25 for coot, with possession limits twice 
the daily bag limit. Shooting hours would be one-half hour before 
sunrise to one-half hour after sunset. Steel shot is required.
    Based on the number of birds produced in the Klamath Basin, this 
year's harvest would be similar to last year's. Information on Tribal 
harvest suggests that more than 70 percent of the annual goose harvest 
is local birds produced in the Klamath Basin.
    We propose to approve the Klamath Tribe's requested 2009-10 special 
migratory bird hunting regulations.

(i) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members 
Only)

    The Leech Lake Band of Ojibwe is a Federally recognized Tribe 
located in Cass Lake, Minnesota. The reservation employs conservation 
officers to enforce conservation regulations. The Service and the Tribe 
have cooperatively established migratory bird hunting regulations since 
2000.
    For the 2009-10 season, the Tribe requests a duck season starting 
on September 19 and ending December 31, 2009, and a goose season to run 
from September 1 through December 31, 2009. Daily bag limits for both 
ducks and geese would be 10. Possession limits would be twice the daily 
bag limit. Shooting hours are one-half hour before sunrise to one-half 
hour after sunset.
    The annual harvest by Tribal members on the Leech Lake Reservation 
is estimated at 500-1,000 birds.
    We propose to approve the Leech Lake Band of Ojibwe's special 
migratory bird hunting season.

(j) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal 
Members Only)

    The Little River Band of Ottawa Indians is a self-governing, 
Federally recognized Tribe located in Manistee, Michigan, and a 
signatory Tribe of the Treaty of 1836. We have approved special 
regulations for Tribal members of the 1836 treaty's signatory Tribes on 
ceded lands in Michigan since the 1986-87 hunting season. Ceded lands 
are located in Lake, Mason, Manistee, and Wexford Counties. The Band 
proposes the following regulations to govern the hunting of migratory 
birds by Tribal members within the 1836 Ceded Territory as well as on 
the Band's Reservation.
    For the 2009-10 season, we assume the Little River Band of Ottawa 
Indians would propose a duck and merganser season from September 15, 
2009, through January 20, 2010. A daily bag limit of 12 ducks would 
include no more than 2 pintail, 2 canvasback, 3 black duck, 3 wood 
ducks, 3 redheads, 6 mallards (only 2 of which may be a hen), and 1 
hooded merganser. Possession limits would be twice the daily bag limit.
    For white-fronted geese, snow geese, and brant, the Tribe usually 
proposes a September 20 through November 30, 2009, season. Daily bag 
limits would be five geese.
    For Canada geese only, the Tribe usually proposes a September 1, 
2009, through February 8, 2010, season with a daily bag limit of five 
Canada geese. The possession limit would be twice the daily bag limit.
    For snipe, woodcock, rails, and mourning doves, the Tribe usually 
proposes a September 1 to November 14, 2009, season. The daily bag 
limit would be 10 common snipe, 5 woodcock, 10 rails, and 10 mourning 
doves. Possession limits for all species would be twice the daily bag 
limit.
    The Tribe monitored harvest through mail surveys. General 
Conditions were as follows:

[[Page 40146]]

    A. All Tribal members will be required to obtain a valid Tribal 
resource card and 2009-10 hunting license.
    B. Except as modified by the Service rules adopted in response to 
this proposal, these amended regulations parallel all Federal 
regulations contained in 50 CFR part 20.
    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.
    D. Tribal members hunting in Michigan will comply with Tribal codes 
that contain provisions parallel to Michigan law regarding duck blinds 
and decoys.
    We plan to approve Little River Band of Ottawa Indians' special 
migratory bird hunting seasons upon receipt of their proposal based on 
the provisions described above.

(k) The Little Traverse Bay Bands of Odawa Indians, Petoskey, Michigan 
(Tribal Members Only)

    The Little Traverse Bay Bands of Odawa Indians is a self-governing, 
Federally recognized Tribe located in Petoskey, Michigan, and a 
signatory Tribe of the Treaty of 1836. We have approved special 
regulations for Tribal members of the 1836 treaty's signatory Tribes on 
ceded lands in Michigan since the 1986-87 hunting season.
    For the 2009-10 season, the Little Traverse Bay Bands of Odawa 
Indians propose regulations similar to those of other Tribes in the 
1836 treaty area. The Tribal member duck, merganser, coot, and 
gallinule season would run from September 15, 2009, through December 
31, 2009. A daily bag limit of 20 would include no more than 5 pintail, 
5 canvasback, 5 hooded merganser, 5 black ducks, 5 wood ducks, and 5 
redheads.
    For Canada geese, the Tribe proposes a September 1, 2009, through 
February 8, 2010, season. The daily bag limit for Canada geese would be 
20 birds. We further note that based on available data (of major goose 
migration routes), it is unlikely that any Canada geese from the 
Southern James Bay Population would be harvested by the Tribe. 
Possession limits are twice the daily bag limit.
    For woodcock, the Tribe proposes a September 1, 2009, to December 
1, 2009, season. The daily bag limit will not exceed 10 birds. For 
snipe the Tribe proposes a September 1 to December 31, 2009, season. 
The daily bag limit will not exceed 16 birds per species. For mourning 
doves, the Tribe proposes a September 1 to November 9, 2009, season. 
The daily bag limit will not exceed 15 birds per species. For Virginia 
and sora rail, the Tribe proposes a September 1 to December 31, 2009, 
season. The daily bag limit will not exceed 20 birds per species. For 
coots and gallinules, the Tribe proposes a September 1 to December 31, 
2009, season. The daily bag limit will not exceed 20 birds per species. 
The possession limit will not exceed two days' bag limit for all birds.
    All other Federal regulations contained in 50 CFR part 20 would 
apply.
    The Tribe proposes to monitor harvest closely through game bag 
checks, patrols, and mail surveys. In particular, the Tribe proposes 
monitoring the harvest of Southern James Bay Canada geese to assess any 
impacts of Tribal hunting on the population.
    We propose to approve the Little Traverse Bay Bands of Odawa 
Indians' requested 2009-10 special migratory bird hunting regulations.

(l) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule, 
South Dakota (Tribal Members and Nontribal Hunters)

    The Lower Brule Sioux Tribe first established Tribal migratory bird 
hunting regulations for the Lower Brule Reservation in 1994. The Lower 
Brule Reservation is about 214,000 acres in size and is located on and 
adjacent to the Missouri River, south of Pierre. Land ownership on the 
reservation is mixed, and until recently, the Lower Brule Tribe had 
full management authority over fish and wildlife via an MOA with the 
State of South Dakota. The MOA provided the Tribe jurisdiction over 
fish and wildlife on reservation lands, including deeded and Corps of 
Engineers-taken lands. For the 2009-10 season, the two parties have 
come to an agreement that provides the public a clear understanding of 
the Lower Brule Sioux Wildlife Department license requirements and 
hunting season regulations. The Lower Brule Reservation waterfowl 
season is open to Tribal and nontribal hunters.
    For the 2009-10 migratory bird hunting season, the Lower Brule 
Sioux Tribe proposes a nontribal member duck, merganser, and coot 
season length of 97 days, or the maximum number of days allowed by 
Federal frameworks in the High Plains Management Unit for this season. 
The Tribe proposes a season from October 10, 2009, through January 14, 
2010. The daily bag limit would be five birds, including no more than 
five mallards (only one of which may be a hen), one pintail, two 
redheads, one canvasback, two wood ducks, two scaup, and one mottled 
duck. The daily bag limit for mergansers would be five, only one of 
which could be a hooded merganser. The daily bag limit for coots would 
be 15. Possession limits would be twice the daily bag limits.
    The Tribe's proposed nontribal member Canada goose season would run 
from October 24, 2009, through February 7, 2010 (107-day season 
length), with a daily bag limit of three Canada geese. The Tribe's 
proposed nontribal member white-fronted goose season would run from 
October 10, 2009, through December 20, 2009, with a daily bag limit of 
two white-fronted geese. The Tribe's proposed nontribal member light 
goose season would run from October 10, 2009, through January 10, 2010, 
and February 26 through March 10, 2010. The light goose daily bag limit 
would be 20. Possession limits would be twice the daily bag limits.
    For Tribal members, the Lower Brule Sioux Tribe proposes a duck, 
merganser, and coot season from September 19, 2009, through March 10, 
2010. The daily bag limit would be five birds, including no more than 
five mallards (only one of which may be a hen), one pintail, two 
redheads, one canvasback, two wood ducks, two scaup, and one mottled 
duck. The daily bag limit for mergansers would be five, only two of 
which could be hooded mergansers. The daily bag limit for coots would 
be 15. Possession limits would be twice the daily bag limits.
    The Tribe's proposed Canada goose season for Tribal members would 
run from October 10, 2009, through March 10, 2010, with a daily bag 
limit of three Canada geese. The Tribe's proposed white-fronted goose 
Tribal season would run from October 3, 2009, through March 10, 2010, 
with a daily bag limit of two white-fronted geese. The Tribe's proposed 
light goose Tribal season would run from October 10, 2009, through 
March 10, 2010. The light goose daily bag limit would be 20. Possession 
limits would be twice the daily bag limits.
    In the 2007-08 season, hunters harvested an estimated 810 geese and 
550 ducks. In the 2007-08 season, duck harvest species composition was 
primarily mallard (88 percent), gadwall (5 percent), green-winged teal 
(3 percent), blue-winged teal (1 percent), and wigeon (2 percent).
    Goose harvest species composition in 2007-08 at Mni Sho Sho was 
approximately 96 percent Canada geese,

[[Page 40147]]

3 percent snow geese, and 1 percent white-fronted geese. Harvest of 
geese harvested by other hunters was approximately 97 percent Canada 
geese and 3 percent snow geese.
    The Tribe anticipates a duck harvest similar to those of the 
previous 3 years and a goose harvest below the target harvest level of 
3,000 to 4,000 geese. All basic Federal regulations contained in 50 CFR 
part 20, including the use of non-toxic shot, Migratory Waterfowl 
Hunting and Conservation Stamps, etc., would be observed by the Tribe's 
proposed regulations. In addition, the Lower Brule Sioux Tribe has an 
official Conservation Code that was established by Tribal Council 
Resolution in June 1982 and updated in 1996.
    We plan to approve the Tribe's requested regulations for the Lower 
Brule Reservation given the seasons dates fall within final Federal 
flyway frameworks (applies to nontribal hunters only).

(m) Lower Elwha Klallam Tribe, Port Angeles, Washington (Tribal Members 
Only)

    Since 1996, the Service and the Point No Point Treaty Tribes, of 
which Lower Elwha was one, have cooperated to establish special 
regulations for migratory bird hunting. The Tribes are now acting 
independently and the Lower Elwha Klallam Tribe would like to establish 
migratory bird hunting regulations for Tribal members for the 2009-10 
season. The Tribe has a reservation on the Olympic Peninsula in 
Washington State and is a successor to the signatories of the Treaty of 
Point No Point of 1855.
    For the 2009-10 season, the Lower Elwha Klallam Tribe requests a 
duck and coot season from September 19, 2009, to December 31, 2009. The 
daily bag limit will be seven ducks including no more than two hen 
mallards, one pintail, one canvasback, and two redheads. The daily bag 
and possession limit on harlequin duck will be one per season. The coot 
daily bag limit will be 25. The possession limit will be twice the 
daily bag limit, except as noted above.
    For geese, the Tribe requests a season from September 19, 2009, to 
December 31, 2009. The daily bag limit will be four, including no more 
than four light geese. The season on Aleutian Canada geese will be 
closed.
    For brant, the Tribe proposes a season from November 1, 2009, to 
February 15, 2010, with a daily bag limit of two. The possession limit 
will be twice the daily bag limit.
    For mourning doves, band-tailed pigeon, and snipe, the Tribe 
requests a season from September 19, 2009, to December 31, 2009, with a 
daily bag limit of 10, 2, and 8, respectively. The possession limit 
will be twice the daily bag limit.
    All Tribal hunters authorized to hunt migratory birds are required 
to obtain a Tribal hunting permit from the Lower Elwha Klallam Tribe 
pursuant to Tribal law. Hunting hours would be from one-half hour 
before sunrise to sunset. Only steel, tungsten-iron, tungsten-polymer, 
tungsten-matrix, and tin shot are allowed for hunting waterfowl. It is 
unlawful to use or possess lead shot while hunting waterfowl.
    The Tribe typically anticipates harvest to be fewer than 20 birds. 
Tribal reservation police and Tribal Fisheries enforcement officers 
have the authority to enforce these migratory bird hunting regulations.
    The Service proposes to approve the request for special migratory 
bird hunting regulations for the Lower Elwha Klallam Tribe.

(n) Makah Indian Tribe, Neah Bay, Washington (Tribal Members Only)

    The Makah Indian Tribe and the Service have been cooperating to 
establish special regulations for migratory game birds on the Makah 
Reservation and traditional hunting land off the Makah Reservation 
since the 2001-02 hunting season. Lands off the Makah Reservation are 
those contained within the boundaries of the State of Washington Game 
Management Units 601-603 and 607.
    The Makah Indian Tribe usually proposes a duck and coot hunting 
season from September 27, 2009, to January 25, 2010. The daily bag 
limit is seven ducks, including no more than one canvasback, one 
pintail, three scaup, and one redhead. The daily bag limit for coots is 
25. The Tribe has a year-round closure on wood ducks and harlequin 
ducks. Shooting hours for all species of waterfowl are one-half hour 
before sunrise to sunset.
    For geese, the Tribe usually proposes the season open on September 
27, 2009, and close January 25, 2010. The daily bag limit for geese is 
four and one brant. The Tribe notes that there is a year-round closure 
on Aleutian and Dusky Canada geese.
    For band-tailed pigeons, the Tribe usually proposes the season open 
September 20, 2009, and close October 31, 2009. The daily bag limit for 
band-tailed pigeons is two.
    The Tribe usually anticipates that harvest under this regulation 
will be relatively low since there are no known dedicated waterfowl 
hunters and any harvest of waterfowl or band-tailed pigeons is usually 
incidental to hunting for other species, such as deer, elk, and bear. 
The Tribe expects fewer than 50 ducks and 10 geese to be harvested 
during the 2009-10 migratory bird hunting season.
    All other Federal regulations contained in 50 CFR part 20 would 
apply. The following restrictions are also usually proposed 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;
    (2) Hunters must be eligible, enrolled Makah Tribal members and 
must carry their Indian Treaty Fishing and Hunting Identification Card 
while hunting. No tags or permits are required to hunt waterfowl;
    (3) The Cape Flattery area is open to waterfowl hunting, except in 
designated wilderness areas, or within 1 mile of Cape Flattery Trail, 
or in any area that is closed to hunting by another ordinance or 
regulation;
    (4) The use of live decoys and/or baiting to pursue any species of 
waterfowl is prohibited;
    (5) Steel or bismuth shot only for waterfowl is allowed; the use of 
lead shot is prohibited; and
    (6) The use of dogs is permitted to hunt waterfowl.
    We plan to approve the Makah Indian Tribe's requested 2009-10 
special migratory bird hunting regulations, upon receipt of their 
proposal based on the provisions described above.

(o) Point No Point Treaty Council Tribes, Kingston, Washington (Tribal 
Members Only)

    We are establishing uniform migratory bird hunting regulations for 
Tribal members on behalf of the Point No Point Treaty Council Tribes, 
consisting of the Port Gamble S'Klallam and Jamestown S'Klallam Tribes. 
The two Tribes have reservations and ceded areas in northwestern 
Washington State and are the successors to the signatories of the 
Treaty of Point No Point of 1855. These proposed regulations will apply 
to Tribal members both on and off reservations within the Point No 
Point Treaty Areas.
    For the 2009-10 season, the Point No Point Treaty Council requests 
special migratory bird hunting regulations for the 2009-10 hunting 
season for a duck and coot hunting season from September 1, 2009, to 
March 10, 2010. The daily bag limit is seven ducks, including no more 
than two hen mallards, one canvasback, one pintail, two redhead, and 
four scoters. The daily bag limit for coots is 25. The daily bag

[[Page 40148]]

limit and possession limit on harlequin ducks is one per season. The 
daily possession limits are double the daily bag limits except where 
noted.
    For geese, the Tribe proposes the season open on September 15, 
2009, and close March 10, 2010. The daily bag limit for geese is four, 
not to include more than 3 light geese. The Tribe notes that there is a 
year-round closure on Aleutian and Cackling Canada geese. For brant, 
the Tribe proposes the season open on November 1, 2009, and close March 
10, 2010. The daily bag limit for brant is two.
    For band-tailed pigeons, the Tribe proposes the season open 
September 1, 2009, and close March 10, 2010. The daily bag limit for 
band-tailed pigeons is two. For mourning dove, the Tribe proposes the 
season open September 1, 2009, and close January 31, 2010. The daily 
bag limit for mourning dove is 10.
    The Tribe anticipates a total harvest of fewer than 200 birds for 
the 2009-10 season. The Tribal Fish and Wildlife enforcement officers 
have the authority to enforce these Tribal regulations.
    We propose to approve the Point No Point Treaty Council Tribes 
special migratory bird seasons.

(p) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal 
Members Only)

    Since 1991-92, the Oneida Tribe of Indians of Wisconsin and the 
Service have cooperated to establish uniform regulations for migratory 
bird hunting by Tribal and nontribal hunters within the original Oneida 
Reservation boundaries. Since 1985, the Oneida Tribe's Conservation 
Department has enforced the Tribe's hunting regulations within those 
original reservation limits. The Oneida Tribe also has a good working 
relationship with the State of Wisconsin and the majority of the 
seasons and limits are the same for the Tribe and Wisconsin.
    In a May 28, 2009, letter, the Tribe proposed special migratory 
bird hunting regulations. For ducks, the Tribe described the general 
outside dates as being September 19 through December 6, 2009, with a 
closed segment of November 21 to 29, 2009. The Tribe proposes a daily 
bag limit of six birds, which could include no more than six mallards 
(three hen mallards), six wood duck, one redhead, two pintail, and one 
hooded merganser.
    For geese, the Tribe requests a season between September 1 and 
December 31, 2009, with a daily bag limit of three Canada geese. 
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. The Tribe will close the season November 21 to 29, 
2009. If a quota of 300 geese is attained before the season concludes, 
the Tribe will recommend closing the season early.
    For woodcock, the Tribe proposes a season between September 5 and 
November 8, 2009, with a daily bag and possession limit of 5 and 10, 
respectively.
    For mourning dove, the Tribe proposes a season between September 1 
and November 8, 2009, with a daily bag and possession limit of 10 and 
20, respectively.
    The Tribe proposes shooting hours be one-half hour before sunrise 
to one-half hour after sunset. Nontribal hunters hunting on the 
Reservation or on lands under the jurisdiction of the Tribe must comply 
with all State of Wisconsin regulations, including shooting hours of 
one-half hour before sunrise to sunset, season dates, and daily bag 
limits. Tribal members and nontribal hunters hunting on the Reservation 
or on lands under the jurisdiction of the Tribe must observe all basic 
Federal migratory bird hunting regulations found in 50 CFR part 20, 
with the following exceptions: Oneida members would be exempt from the 
purchase of the Migratory Waterfowl Hunting and Conservation Stamp 
(Duck Stamp); and shotgun capacity is not limited to three shells. 
Tribal member shooting hours will be from one-half hour before sunset 
to one-half hour after sunset.
    The Service proposes to approve the request for special migratory 
bird hunting regulations for the Oneida Tribe of Indians of Wisconsin.

(q) Sault Ste. Marie Tribe of Chippewa Indians, Sault Ste. Marie, 
Michigan (Tribal Members Only)

    The Sault Ste. Marie Tribe of Chippewa Indians is a Federally 
recognized self-governing Indian Tribe, distributed throughout the 
eastern Upper Peninsula and northern Lower Peninsula of Michigan. The 
Tribe has retained the right to hunt, fish, trap, and gather on the 
lands ceded in Treaty of Washington (1836).
    In a May 29, 2009, letter, the Tribe proposed special migratory 
bird hunting regulations. For ducks, mergansers, and common snipe, the 
Tribe proposes outside dates as September 15 through December 31, 2009. 
The Tribe proposes a daily bag limit of 20 ducks, which could include 
no more than 10 mallards (5 hen mallards), 5 wood duck, 5 black duck, 
and 5 canvasback. The merganser daily bag limit is 10 in the aggregate 
and common snipe of 16.
    For geese, coot, gallinule, sora and Virginia rail, the Tribe 
requests a season from September 1 to December 31, 2009. The daily bag 
limit for geese is 20, in the aggregate. The daily bag limit for coot, 
gallinule, sora and Virginia rail is 20 in the aggregate.
    For woodcock, the Tribe proposes a season between September 2 and 
December 1, 2009, with a daily bag and possession limit of 10 and 20, 
respectively.
    For mourning dove, the Tribe proposes a season between September 1 
and November 14, 2009, with a daily bag and possession limit of 10 and 
20, respectively.
    All Sault Tribe members exercising hunting treaty rights within the 
1836 Ceded Territory are required to submit annual harvest reports 
including date of harvest, number and species harvested, and location 
of harvest. Hunting hours would be from one-half hour before sunrise to 
15 minutes after sunset. Only non-toxic shot are allowed for hunting 
waterfowl.
    The Service proposes to approve the request for special migratory 
bird hunting regulations for the Sault Ste. Marie Tribe of Chippewa 
Indians.

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

    Almost all of the Fort Hall Indian Reservation is Tribally owned. 
The Tribes claim full wildlife management authority throughout the 
reservation, but the Idaho Fish and Game Department has disputed Tribal 
jurisdiction, especially for hunting by nontribal members on 
reservation lands owned by non-Indians. As a compromise, since 1985, we 
have established the same waterfowl hunting regulations on the 
reservation and in a surrounding off-reservation State zone. The 
regulations were requested by the Tribes and provided for different 
season dates than in the remainder of the State. We agreed to the 
season dates because they would provide additional protection to 
mallards and pintails. The State of Idaho concurred with the zoning 
arrangement. We have no objection to the State's use of this zone again 
in the 2009-10 hunting season, provided the duck and goose hunting 
season dates are the same as on the reservation.
    In a proposal for the 2009-10 hunting season, the Shoshone-Bannock 
Tribes requested a continuous duck (including mergansers) season, with 
the maximum number of days and the same daily bag and possession limits 
permitted for Pacific Flyway States under the final Federal frameworks. 
The Tribes propose that, if the same number of hunting days is 
permitted as last year, the season

[[Page 40149]]

would have an opening date of October 3, 2009, and a closing date of 
January 17, 2010. Coot and snipe season dates would be the same as for 
ducks, with the same daily bag and possession limits permitted for 
Pacific Flyway States. The Tribes anticipate harvest will be between 
2,000 and 5,000 ducks.
    The Tribes also requested a continuous goose season with the 
maximum number of days and the same daily bag and possession limits 
permitted in Idaho under Federal frameworks. The Tribes propose that, 
if the same number of hunting days is permitted as in previous years, 
the season would have an opening date of October 3, 2009, and a closing 
date of January 17, 2010. The Tribes anticipate harvest will be between 
4,000 and 6,000 geese.
    The Tribe requests a common snipe season with the maximum number of 
days and the same daily bag and possession limits permitted in Idaho 
under Federal frameworks. The Tribes propose that, if the same number 
of hunting days is permitted as in previous years, the season would 
have an opening date of October 3, 2009, and a closing date of January 
17, 2010.
    Nontribal hunters must comply with all basic Federal migratory bird 
hunting regulations in 50 CFR part 20 pertaining to shooting hours, use 
of steel shot, and manner of taking. Special regulations established by 
the Shoshone-Bannock Tribes also apply on the reservation.
    We note that the requested regulations are nearly identical to 
those of last year and propose they be approved for the 2009-10 hunting 
season given the seasons dates fall within the final Federal flyway 
frameworks (applies to nontribal hunters only).

(s) Skokomish Tribe, Shelton, Washington (Tribal Members Only)

    Since 1996, the Service and the Point No Point Treaty Tribes, of 
which the Skokomish Tribe was one, have cooperated to establish special 
regulations for migratory bird hunting. The Tribes have been acting 
independently since 2005, and the Skokomish Tribe would like to 
establish migratory bird hunting regulations for Tribal members for the 
2009-10 season. The Tribe has a reservation on the Olympic Peninsula in 
Washington State and is a successor to the signatories of the Treaty of 
Point No Point of 1855.
    The Skokomish Tribe requests a duck and coot season from September 
16, 2009, to February 28, 2010. The daily bag limit is seven ducks, 
including no more than two hen mallards, one pintail, one canvasback, 
and two redheads. The daily bag and possession limit on harlequin duck 
is one per season. The coot daily bag limit is 25. The possession limit 
is twice the daily bag limit except as noted above.
    For geese, the Tribe requests a season from September 16, 2009, to 
February 28, 2010. The daily bag limit is four, including no more than 
three light geese. The season on Aleutian Canada geese is closed. For 
brant, the Tribe proposes a season from November 1, 2009, to February 
15, 2010, with a daily bag limit of two. The possession limit is twice 
the daily bag limit.
    For mourning doves, band-tailed pigeon, and snipe, the Tribe 
requests a season from September 16, 2009, to February 28, 2010, with a 
daily bag limit of 10, 2, and 8, respectively. The possession limit is 
twice the daily bag limit.
    All Tribal hunters authorized to hunt migratory birds are required 
to obtain a Tribal hunting permit from the Skokomish Tribe pursuant to 
Tribal law. Hunting hours would be from one-half hour before sunrise to 
sunset. Only steel, tungsten-iron, tungsten-polymer, tungsten-matrix, 
and tin shot are allowed for hunting waterfowl. It is unlawful to use 
or possess lead shot while hunting waterfowl.
    The Tribe anticipates harvest to be fewer than 150 birds. The 
Skokomish Public Safety Office enforcement officers have the authority 
to enforce these migratory bird hunting regulations.
    We propose to approve the Skokomish Tribe's requested migratory 
bird hunting season.

(t) Spokane Tribe of Indians, Spokane Indian Reservation, Wellpinit, 
Washington (Tribal Members Only)

    The Spokane Tribe of Indians wishes to establish waterfowl seasons 
on their respective reservation for its membership to access to an 
additional resource. An established waterfowl season on the reservation 
will allow access to a resource for members to continue practicing a 
subsistence lifestyle.
    The Spokane Indian Reservation is located in northeastern 
Washington State. The reservation comprises approximately 157,000 
acres. The boundaries of the Reservation are the Columbia River to the 
west, the Spokane River to the south (now Lake Roosevelt), Tshimikn 
Creek to the east, and the 48th Parallel as the north boundary. Tribal 
membership comprises approximately 2,300 enrolled Spokane Tribal 
Members. Prior to 1939, the Spokane Tribe was primarily a salmon 
people; upon completion of Grand Coulee Dam creating Lake Roosevelt, 
the development of hydroelectricity without passage ultimately removed 
salmon access from historical fishing areas for the Spokane Tribe for 
the past 70 years.
    These proposed regulations would allow Tribal Members, spouses of a 
Spokane Tribal Member and first-generation descendants of a Spokane 
Tribal Member with a Tribal permit and Federal Waterfowl stamps an 
opportunity to utilize the reservation and ceded lands. It will also 
benefit Tribal membership through access to this resource throughout 
Spokane Tribal ceded lands in eastern Washington. By Spokane Tribal 
Referendum, spouses of Spokane Tribal Members and children of Spokane 
Tribal Members not enrolled are allowed to harvest game animals within 
the Spokane Indian Reservation with the issuance of hunting permits.
    For the 2009-10 season, the Tribe requests to establish duck 
seasons that would run from September 1, 2009, through January 31, 
2010. The Tribe is requesting the daily bag limit for ducks to be 
consistent with the State of Washington. The possession limit is twice 
the daily bag limit.
    The Tribe proposes a season on geese starting September 1, 2009, 
and ending on January 31, 2010. The Tribe is requesting the daily bag 
limit for geese to be consistent with the State of Washington. The 
possession limit is twice the daily bag limit.
    Based on the quantity of requests the Spokane Tribe of Indians has 
received, the Tribe anticipates harvest levels for the 2009-10 season 
for both ducks and geese to be below 300 total birds with goose harvest 
at less than 100. Hunter success will be monitored through mandatory 
harvest reports returned within 30 days of the season closure.
    We propose to approve the Spokane Tribe's requested 2009-10 special 
migratory bird hunting regulations.

(u) Squaxin Island Tribe, Squaxin Island Reservation, Shelton, 
Washington (Tribal Members Only)

    The Squaxin Island Tribe of Washington and the Service have 
cooperated since 1995 to establish special Tribal migratory bird 
hunting regulations. These special regulations apply to Tribal members 
on the Squaxin Island Reservation, located in western Washington near 
Olympia, and all lands within the traditional hunting grounds of the 
Squaxin Island Tribe.
    For the 2009-10 season, the Tribe requests to establish duck and 
coot seasons that would run from September 1, 2009, through January 15, 
2010. The daily bag limit for ducks is five per day and could include 
only one canvasback. The season on harlequin ducks is

[[Page 40150]]

closed. For coots, the daily bag limit is 25. For snipe, the Tribe 
proposes the season start on September 15, 2009, and end on January 15, 
2010. The daily bag limit for snipe is eight. For band-tailed pigeon, 
the Tribe proposes the season start on September 1, 2009, and end on 
December 31, 2009. The daily bag limit is five. The possession limit is 
twice the daily bag limit.
    The Tribe proposes a season on geese starting September 15, 2009, 
and ending on January 15, 2010. The daily bag limit for geese is four, 
including no more than two snow geese. The season on Aleutian and 
Cackling Canada geese is closed. For brant, the Tribe proposes the 
season start on September 1, 2009, and end on December 31, 2009. The 
daily bag limit for brant is two. The possession limit is twice the 
daily bag limit.
    We propose to approve the Squaxin Island Tribe's requested 2009-10 
special migratory bird hunting regulations.

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

    The Stillaguamish Tribe of Indians and the Service have cooperated 
to establish special regulations for migratory game birds since 2001. 
The Tribe is proposing regulations to hunt all open and unclaimed lands 
under the Treaty of Point Elliott of January 22, 1855, including their 
main hunting grounds around Camano Island, Skagit Flats, and Port Susan 
to the border of the Tulalip Tribes Reservation. Ceded lands are 
located in Whatcom, Skagit, Snohomish, and Kings Counties, and a 
portion of Pierce County, Washington. The Stillaguamish Tribe of 
Indians is a Federally recognized Tribe and reserves the Treaty Right 
to hunt (U.S. v. Washington).
    The Tribe proposes that duck (including mergansers) and goose 
seasons run from October 1, 2009, to February 15, 2010. The daily bag 
limit on ducks (including sea ducks and mergansers) is 10 and must 
include no more than 7 mallards (only 3 of which can be hens), 3 
pintail, 3 redhead, 3 scaup, and 3 canvasback. For geese, the daily bag 
limit is six. Possession limits are totals of these two daily bag 
limits.
    The Tribe proposes that coot, brant, and snipe seasons run from 
October 1, 2009, to January 31, 2010. The daily bag limit for coot is 
25. The daily bag limit on brant is three. The daily bag limit for 
snipe is 10. Possession limits are twice the daily bag limit.
    Harvest is regulated by a punch card system. 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.
    The Tribe anticipates a total harvest of 200 ducks, 100 geese, 50 
mergansers, 100 coots, and 100 snipe. Anticipated harvest needs include 
subsistence and ceremonial needs. Certain species may be closed to 
hunting for conservation purposes, and consideration for the needs of 
certain species will be addressed.
    The Service proposes to approve the request for special migratory 
bird hunting regulations for the Stillaguamish Tribe of Indians.

(w) Swinomish Indian Tribal Community, LaConner, Washington (Tribal 
Members Only)

    In 1996, the Service and the Swinomish Indian Tribal Community 
began cooperating to establish special regulations for migratory bird 
hunting. The Swinomish Indian Tribal Community is a Federally 
recognized Indian Tribe consisting of the Suiattle, Skagit, and 
Kikialos. The Swinomish Reservation was established by the Treaty of 
Point Elliott of January 22, 1855, and lies in the Puget Sound area 
north of Seattle, Washington.
    For the 2009-10 season, the Tribe usually requests to establish a 
migratory bird hunting season on all areas that are open and unclaimed 
and consistent with the meaning of the treaty. The Tribe usually 
requests to establish duck, merganser, Canada goose, brant, and coot 
seasons opening on the earliest possible date allowed by the final 
Federal frameworks for the Pacific Flyway and closing 30 days after the 
State of Washington closes its season. The Swinomish Tribe requests an 
additional three birds of each species over that allowed by the State 
for daily bag and possession limits.
    The Community normally anticipates that the regulations will result 
in the harvest of approximately 300 ducks, 50 Canada geese, 75 
mergansers, 100 brant, and 50 coot. The Swinomish utilize a report card 
and permit system to monitor harvest and will implement steps to limit 
harvest where conservation is needed. All Tribal regulations will be 
enforced by Tribal fish and game officers.
    On reservation, the Tribal Community usually proposes a hunting 
season for the abovementioned species beginning on the earliest 
possible opening date and closing March 9, 2010. The Swinomish manage 
harvest by a report card and permit system, and we anticipate harvest 
will be similar to that expected off reservation.
    We believe the estimated harvest by the Swinomish will be minimal 
and will not adversely affect migratory bird populations. Upon receipt 
of the 2009-10 Swinomish hunting proposal, we propose to approve the 
Tribe's requested 2009-10 special migratory bird hunting regulations.

(x) The Tulalip Tribes of Washington, Tulalip Indian Reservation, 
Marysville, Washington (Tribal Members and Nontribal Hunters)

    The Tulalip Tribes are the successors in interest to the Tribes and 
bands signatory to the Treaty of Point Elliott of January 22, 1855. The 
Tulalip Tribes' government is located on the Tulalip Indian Reservation 
just north of the City of Everett in Snohomish County, Washington. The 
Tribes or individual Tribal members own all of the land on the 
reservation, and they have full wildlife management authority. All 
lands within the boundaries of the Tulalip Tribes Reservation are 
closed to nonmember hunting unless opened by Tulalip Tribal 
regulations.
    For the 2009-10 season, the Tribe proposes Tribal and nontribal 
hunting regulations for the 2009-10 season. Migratory waterfowl hunting 
by Tulalip Tribal members is authorized by Tulalip Tribal Ordinance No. 
67. For ducks, mergansers, coot, and snipe, the proposed season for 
Tribal members would be from September 15, 2009, through February 28, 
2010. In the case of nontribal hunters hunting on the reservation, the 
season would be the latest closing date and the longest period of time 
allowed under the final Pacific Flyway Federal frameworks. Daily bag 
and possession limits for Tulalip Tribal members would be 7 and 14 
ducks, respectively, except that for blue-winged teal, canvasback, 
harlequin, pintail, and wood duck, the bag and possession limits would 
be the same as those established in accordance with final Federal 
frameworks. For nontribal hunters, bag and possession limits would be 
the same as those permitted under final Federal frameworks. For coot, 
daily bag and possession limits are 25 and 50, respectively, and for 
snipe 8 and 18, respectively. Nontribal hunters should check with the 
Tulalip Tribal authorities regarding additional conservation measures 
that may apply to specific species managed within the region. 
Ceremonial hunting may be authorized by the Department of Natural 
Resources at any time upon application of a qualified Tribal member. 
Such a hunt must have a bag limit designed to

[[Page 40151]]

limit harvest only to those birds necessary to provide for the 
ceremony.
    For geese, Tribal members propose a season from September 15, 2009, 
through February 28, 2010. Nontribal hunters would be allowed the 
longest season and the latest closing date permitted by the Pacific 
Flyway Federal frameworks. For Tribal hunters, the goose daily bag and 
possession limits would be 7 and 14, respectively, except that the bag 
limits for brant, cackling Canada geese, and dusky Canada geese would 
be those established in accordance with final Federal frameworks. For 
nontribal hunters hunting on reservation lands, the daily bag and 
possession limits would be those established in accordance with final 
Federal frameworks for the Pacific Flyway. The Tulalip Tribes also set 
a maximum annual bag limit for those Tribal members who engage in 
subsistence hunting of 365 ducks and 365 geese.
    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. Each nontribal hunter 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. Each hunter must validate stamps by signing across the face.
    Although the season length requested by the Tulalip Tribes appears 
to be quite liberal, harvest information indicates a total take by 
Tribal and nontribal hunters under 1,000 ducks and 500 geese annually.
    We propose approval of the Tulalip Tribe's request to have a 
special season.

(y) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal 
members only)

    The Upper Skagit Indian Tribe and the Service have cooperated to 
establish special regulations for migratory game birds since 2001. The 
Tribe has jurisdiction over lands within Skagit, Island, and Whatcom 
Counties, Washington. The Tribe issues Tribal hunters a harvest report 
card that will be shared with the State of Washington.
    For the 2009-10 season, the Tribe requests a duck season starting 
October 1, 2009, and ending February 28, 2010. The Tribe proposes a 
daily bag limit of 15 with a possession limit of 20. The Tribe requests 
a coot season starting October 15, 2009, and ending February 15, 2010. 
The coot daily bag limit is 20 with a possession limit of 30.
    The Tribe proposes a goose season from October 15, 2009, to 
February 28, 2010, with a daily bag limit of seven geese and five 
brant. The possession limit for geese and brant are 10 and 7, 
respectively.
    The Tribe proposes a mourning dove season between September 1 to 
December 31, 2009, with a daily bag limit of 12 and possession limit of 
15.
    The anticipated migratory bird harvest under this proposal would be 
100 ducks, 5 geese, 2 brant, and 10 coots. Tribal members must have the 
Tribal identification and Tribal 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.
    The Service proposes to approve the request for special migratory 
bird hunting regulations for the Upper Skagit Indian Tribe.

(z) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal 
Members Only)

    The Wampanoag Tribe of Gay Head is a Federally recognized Tribe 
located on the island of Martha's Vineyard in Massachusetts. The Tribe 
has approximately 560 acres of land, which it manages for wildlife 
through its natural resources department. The Tribe also enforces its 
own wildlife laws and regulations through the natural resources 
department.
    For the 2009-10 season, the Tribe proposes a duck season of October 
29, 2009, through February 25, 2010. The Tribe proposes a daily bag 
limit of six birds, which could include no more than two hen mallards, 
six drake 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, one pintail, and four of all 
other species not listed. The season for harlequins would be closed. 
The Tribe proposes a teal (green-winged and blue) season of October 13, 
2009, through January 26, 2010. A daily bag limit of six teal would be 
in addition to the daily bag limit for ducks.
    For sea ducks, the Tribe proposes a season between October 12, 
2009, and February 28, 2010, with a daily bag limit of seven, which 
could include no more than one hen eider and four of any one species 
unless otherwise noted above.
    For Canada geese, the Tribe requests a season between September 14 
to September 28, 2009, and October 29, 2009, through February 25, 2010, 
with a daily bag limit of 5 Canada geese during the first period, 3 
Canada geese during the second period. For snow geese, the Tribe 
requests a season between September 8 to September 22, 2009, and 
October 29, 2009, to February 25, 2010, with a daily bag limit of 15 
snow geese.
    For woodcock, the Tribe proposes a season between October 13 and 
November 28, 2009, with a daily bag limit of three.
    Prior to 2009, the Tribe had 22 registered Tribal hunters, and 
estimates harvest to be no more than 15 geese, 25 mallards, 25 teal, 50 
black ducks, and 50 of all other species combined. Tribal members 
hunting on the Reservation will observe all basic Federal migratory 
bird hunting regulations found in 50 CFR part 20. The Tribe requires 
hunters to register with the Harvest Information Program.
    The Service proposes to approve the request for special migratory 
bird hunting regulations for the Wampanoag Tribe of Gay Head.

(aa) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal Members 
Only)

    The White Earth Band of Ojibwe is a Federally recognized Tribe 
located in northwest Minnesota and encompasses all of Mahnomen County 
and parts of Becker and Clearwater Counties. The reservation employs 
conservation officers to enforce migratory bird regulations. The Tribe 
and the Service first cooperated to establish special Tribal 
regulations in 1999.
    For the 2009-10 migratory bird hunting season, the White Earth Band 
of Ojibwe usually requests a duck and merganser season to start 
September 20 and end December 19, 2009. For ducks, they usually request 
a daily bag limit of 10, including no more than 2 mallards and 1 
canvasback. The merganser daily bag limit would be five with no more 
than two hooded mergansers. For geese, the Tribe usually proposes an 
early season from September 1 through September 26, 2009, and a late 
season from September 27, 2009, through December 19, 2009. The early 
season daily bag limit is eight geese and the late season daily bag 
limit is five geese.
    For coots, dove, rail, woodcock, and snipe, the Tribe usually 
proposes a September 1 through November 30, 2009, season with daily bag 
limits of 20 coots, 25 doves, 25 rails, 10 woodcock, and 10 snipe. 
Shooting hours are one-half hour before sunrise to one-half hour after 
sunset. Nontoxic shot is required.
    Based on past harvest surveys, the Tribe anticipates harvest of 
1,000 to

[[Page 40152]]

2,000 Canada geese and 1,000 to 1,500 ducks. The White Earth 
Reservation Tribal Council employs four full-time Conservation Officers 
to enforce migratory bird regulations.
    We propose to approve the White Earth Band of Ojibwe's request to 
have a special season upon receipt of the 2009-10 proposal.

(bb) White Mountain Apache Tribe, Fort Apache Indian Reservation, 
Whiteriver, Arizona (Tribal Members and Nontribal Hunters)

    The White Mountain Apache Tribe owns all reservation lands, and the 
Tribe has recognized full wildlife management authority. The White 
Mountain Apache Tribe has requested regulations that are essentially 
unchanged from those agreed to since the 1997-98 hunting year.
    The hunting zone for waterfowl is restricted and is described as: 
The length of the Black River west of the Bonito Creek and Black River 
confluence and the entire length of the Salt River forming the southern 
boundary of the reservation; the White River, extending from the Canyon 
Day Stockman Station to the Salt River; and all stock ponds located 
within Wildlife Management Units 4, 5, 6, and 7. Tanks located below 
the Mogollon Rim, within Wildlife Management Units 2 and 3, will be 
open to waterfowl hunting during the 2009-10 season. The length of the 
Black River east of the Black River/Bonito Creek confluence is closed 
to waterfowl hunting. All other waters of the reservation would be 
closed to waterfowl hunting for the 2009-10 season.
    For nontribal and Tribal hunters, the Tribe proposes a continuous 
duck, coot, merganser, gallinule, and moorhen hunting season, with an 
opening date of October 10, 2009, and a closing date of January 31, 
2010. The Tribe proposes a separate scaup season, with an opening date 
of October 10, 2009, and a closing date of December 6, 2009. The Tribe 
proposes a daily duck (including mergansers) bag limit of seven, which 
may include no more than two redheads, one pintail, and seven mallards 
(including no more than two hen mallards). The season on canvasback is 
closed. The daily bag limit for coots, gallinules, and moorhens would 
be 25, singly or in the aggregate. For geese, the Tribe is proposing a 
season from October 10, 2009, through January 31, 2010. Hunting would 
be limited to Canada geese, and the daily bag limit would be three.
    Season dates for band-tailed pigeons and mourning doves would run 
concurrently from September 1 through September 15, 2009, in Wildlife 
Management Unit 10 and all areas south of Y-70 and Y-10 in Wildlife 
Management Unit 7, only. Proposed daily bag limits for band-tailed 
pigeons and mourning doves would be 3 and 10, respectively.
    Possession limits for the above species are twice the daily bag 
limits. Shooting hours would be from one-half hour before sunrise to 
sunset. There would be no open season for sandhill cranes, rails, and 
snipe on the White Mountain Apache lands under this proposal. A number 
of special regulations apply to Tribal and nontribal hunters, which may 
be obtained from the White Mountain Apache Tribe Game and Fish 
Department.
    We propose to approve the regulations requested by the Tribe for 
the 2009-10 season.

(cc) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and 
Nontribal Hunters)

    The Yankton Sioux Tribe has yet to submit a waterfowl hunting 
proposal for the 2009-10 season. The Yankton Sioux Tribal waterfowl 
hunting season usually would be open to both Tribal members and 
nontribal hunters. The waterfowl hunting regulations would apply to 
Tribal and trust lands within the external boundaries of the 
reservation.
    For ducks (including mergansers) and coots, the Yankton Sioux Tribe 
usually proposes a season starting October 9, 2009, and running for the 
maximum amount of days allowed under the final Federal frameworks. 
Daily bag and possession limits would be 6 ducks, which may include no 
more than 5 mallards (no more than 2 hens), 1 canvasback (when open), 2 
redheads, 3 scaup, 1 pintail, or 2 wood ducks. The bag limit for 
mergansers is 5, which would include no more than 1 hooded merganser. 
The coot daily bag limit is 15.
    For geese, the Tribe usually requests a dark goose (Canada geese, 
brant, white-fronts) season starting October 29, 2009, and closing 
January 31, 2010. The daily bag limit would be three geese (including 
no more than one white-fronted goose or brant). Possession limits would 
be twice the daily bag limit. For white geese, the proposed hunting 
season would start October 29, 2009, and run for the maximum amount of 
days allowed under the final Federal frameworks for the State of South 
Dakota. Daily bag and possession limits would equal the maximum allowed 
under Federal frameworks.
    All hunters would have to be in possession of a valid Tribal 
license while hunting on Yankton Sioux trust lands. Tribal and 
nontribal hunters must comply with all basic Federal migratory bird 
hunting regulations in 50 CFR part 20 pertaining to shooting hours and 
the manner of taking. Special regulations established by the Yankton 
Sioux Tribe also apply on the reservation.
    During the 2005-06 hunting season, the Tribe reported that 90 
nontribal hunters took 400 Canada geese, 75 light geese, and 90 ducks. 
Forty-five Tribal members harvested fewer than 50 geese and 50 ducks.
    We plan to approve the Yankton Sioux 2009-10 hunting seasons upon 
receipt of their proposal based on the provisions described above.

Public Comments

    The Department of the Interior's policy is, whenever practicable, 
to afford the public an opportunity to participate in the rulemaking 
process. Accordingly, we invite interested persons to submit written 
comments, suggestions, or recommendations regarding the proposed 
regulations. Before promulgation of final migratory game bird hunting 
regulations, we will take into consideration all comments received. 
Such comments, and any additional information received, may lead to 
final regulations that differ from these proposals.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in the ADDRESSES section. We will not 
consider comments sent by e-mail or fax or to an address not listed in 
the ADDRESSES section. Finally, we will not consider hand-delivered 
comments that we do not receive, or mailed comments that are not 
postmarked, by the date specified in the DATES section.
    We will post your entire comment--including your personal 
identifying information--on http://www.regulations.gov. If you provide 
personal identifying information in your comment, you may request at 
the top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Division of Migratory Bird Management, Room 4107, 
4501 North Fairfax Drive, Arlington, VA 22203.
    For each series of proposed rulemakings, we will establish specific 
comment periods. We will consider, but

[[Page 40153]]

possibly may not respond in detail to, each comment. As in the past, we 
will summarize all comments received during the comment period and 
respond to them after the closing date in any final rules.

NEPA Consideration

    NEPA considerations are covered by the programmatic document 
``Final Supplemental Environmental Impact Statement: Issuance of Annual 
Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88-
14),'' filed with the Environmental Protection Agency on June 9, 1988. 
We published a notice of availability in the Federal Register on June 
16, 1988 (53 FR 22582). We published our record of decision on August 
18, 1988 (53 FR 31341). In addition, an August 1985 environmental 
assessment entitled ``Guidelines for Migratory Bird Hunting Regulations 
on Federal Indian Reservations and Ceded Lands'' is available from the 
address indicated under the caption FOR FURTHER INFORMATION CONTACT.
    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 detailed in 
a March 9, 2006, Federal Register (71 FR 12216). We have prepared a 
scoping report summarizing the scoping comments and scoping meetings. 
The report is available by either writing to the address indicated 
under FOR FURTHER INFORMATION CONTACT or by viewing on our Web site at 
http://www.fws.gov/migratorybirds/.

Endangered Species Act Consideration

    Prior to issuance of the 2009-10 migratory game bird hunting 
regulations, we will comply with provisions of the Endangered Species 
Act of 1973, as amended (16 U.S.C. 1531-1543; hereinafter, the Act), to 
ensure that hunting is not likely to jeopardize the continued existence 
of any species designated as endangered or threatened, or modify or 
destroy its critical habitat, and is consistent with conservation 
programs for those species. Consultations under section 7 of the Act 
may cause us to change proposals in this and future supplemental 
rulemaking documents.

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. 
A regulatory cost-benefit analysis has been prepared and is available 
at http://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or at http://www.regulations.gov. OMB bases its determination of regulatory 
significance upon the following four criteria:
    (a) Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of the government.
    (b) Whether the rule will create inconsistencies with other Federal 
agencies' actions.
    (c) Whether the rule will materially affect entitlements, grants, 
user fees, loan programs, or the rights and obligations of their 
recipients.
    (d) Whether the rule raises novel legal or policy issues.

Clarity of the Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that are unclearly written, which sections or sentences 
are too long, the sections where you feel lists or tables would be 
useful, etc.

Regulatory Flexibility Act

    The regulations have a significant economic impact on substantial 
numbers of small entities under the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.). We analyzed the economic impacts of the annual 
hunting 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/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs 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.

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.

[[Page 40154]]

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

Energy Effects--Executive Order 13211

    Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. While this proposed 
rule is a significant regulatory action under Executive Order 12866, it 
is not expected to adversely affect energy supplies, distribution, or 
use. Therefore, this action is not a significant energy action and no 
Statement of Energy Effects is required.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we 
have evaluated possible effects on Federally-recognized Indian Tribes 
and have determined that there are no effects on Indian trust 
resources. However, in the April 10 Federal Register, we solicited 
proposals for special migratory bird hunting regulations for certain 
Tribes on Federal Indian reservations, off-reservation trust lands, and 
ceded lands for the 2009-10 migratory bird hunting season. The 
resulting proposals will be contained in a separate proposed rule. By 
virtue of these actions, we have consulted with Tribes affected by this 
rule.

Federalism Effects

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

List of Subjects in 50 CFR Part 20

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

    Based on the results of migratory game bird studies, and having due 
consideration for any data or views submitted by interested parties, 
this proposed rulemaking may result in the adoption of special hunting 
regulations for migratory birds beginning as early as September 1, 
2009, on certain Federal Indian reservations, off-reservation trust 
lands, and ceded lands. Taking into account both reserved hunting 
rights and the degree to which Tribes have full wildlife management 
authority, the regulations only for Tribal members or for both Tribal 
and nontribal hunters may differ from those established by States in 
which the reservations, off-reservation trust lands, and ceded lands 
are located. The regulations will specify open seasons, shooting hours, 
and bag and possession limits for rails, coot, gallinules, woodcock, 
common snipe, band-tailed pigeons, mourning doves, white-winged doves, 
ducks, mergansers, and geese.
    The rules that eventually will be promulgated for the 2009-10 
hunting season are authorized under the Migratory Bird Treaty Act 
(MBTA) of July 3, 1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), as 
amended. The MBTA authorizes and directs the Secretary 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.

    Dated: August 4, 2009.
Jane Lyder,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E9-19202 Filed 8-10-09; 8:45 am]
BILLING CODE 4310-55-P