[Federal Register Volume 74, Number 207 (Wednesday, October 28, 2009)]
[Rules and Regulations]
[Pages 55467-55468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25932]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[FWS-R9-MB-2009-0124]
[91200-1231-9BPP-L2]
RIN 1018-AW31


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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule; correcting amendments.

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SUMMARY: On September 2 and 25, 2009, we, the U.S. Fish and Wildlife 
Service (Service), published two final rules that established special 
early- and late-season migratory bird hunting regulations for certain 
tribes on Federal Indian reservations, off-reservation trust lands, and 
ceded lands. In error, the second of these rules omitted from the 
regulatory text pertaining to late-season hunting by the White Mountain 
Apache Tribe the dates and bag limits for duck and Canada goose. This 
document corrects those errors.

DATES: This rule takes effect on October 28, 2009.

FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, Division of Migratory 
Bird Management, U.S. Fish and Wildlife Service (703/358-1967), or Tina 
Chouinard, Division of Migratory Bird Management, U.S. Fish and 
Wildlife Service (731/432-0981).

SUPPLEMENTARY INFORMATION: On September 2 and 25, 2009, we published 
final rules that established special early- and late-season migratory 
bird hunting regulations for certain tribes on Federal Indian 
reservations, off-reservation trust

[[Page 55468]]

lands, and ceded lands. These rules responded to tribal requests for 
Service recognition of tribal authority to regulate hunting under 
established guidelines. These rules allowed the establishment of season 
dates and bag limits and, thus, harvest at levels compatible with 
populations and habitat conditions. The early-season rule, which 
published September 2, 2009 (74 FR 45343), with an effective date of 
September 1, 2009, correctly included band-tailed pigeon and mourning 
dove season dates and bag limits in its regulatory text for paragraph 
(w) of 50 CFR 20.110, which applies to hunters on Fort Apache Indian 
Reservation lands in Whiteriver, Arizona. However, the late-season 
rule, which published and became effective on September 25, 2009 (74 FR 
49292), did not properly revise paragraph (w) to include subsequently 
determined duck and Canada goose season dates and bag limits. This 
correction revises paragraph (w) to include duck and Canada goose 
season dates and bag limits for the White Mountain Apache Tribe. The 
substance of the regulations remains unchanged.

Administrative Procedure Act

    We find good cause to waive notice and comment on this correction, 
pursuant to 5 U.S.C. 553(b)(3)(B), and the 30-day delay in effective 
date pursuant to 5 U.S.C. 553(d). Notice and comment are unnecessary 
because this rule merely corrects the regulations. The substance of the 
regulations remains unchanged. Therefore, this correction is being 
published as a final regulation and is effective as shown under DATES.

List of Subjects in 50 CFR Part 20

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


0
Accordingly, part 20, subchapter B, chapter I of title 50 of the Code 
of Federal Regulations is amended as follows:

PART 20--[AMENDED]

0
1. The authority citation for part 20 continues to read as follows:

    Authority: Migratory Bird Treaty Act, 40 Stat. 755, 16 U.S.C. 
703-712; Fish and Wildlife Act of 1956, 16 U.S.C. 742a-j; Pub. L. 
106-108, 113 Stat. 1491, Note Following 16 U.S.C. 703.

    (Note: The following hunting regulations provided for by 50 CFR 
20.110 will not appear in the Code of Federal Regulations because of 
their seasonal nature).

0
2. Amend Sec.  20.110 by revising paragraph (w) to read as follows:


Sec.  20.110  Seasons, limits, and other regulations for certain 
Federal Indian reservations, Indian Territory, and ceded lands.

* * * * *

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

Band-tailed Pigeons (Wildlife Management Unit 10 and areas south of Y-
70 and Y-10 in Wildlife Management Unit 7, only)
    Season Dates: Open September 1 through September 15, 2009.
    Daily Bag and Possession Limits: Three and six pigeons, 
respectively.
Mourning Doves (Wildlife Management Unit 10 and areas south of Y-70 and 
Y-10 in Wildlife Management Unit 7, only)
    Season Dates: Open September 1 through September 15, 2009.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Ducks
    Scaup Season Dates: Open October 10, 2009, through December 6, 
2009.
    Season Dates: Open October 10, 2009, through January 24, 2010.
    Daily Bag Limit: Seven ducks, including no more than two hen 
mallards, three scaup (when the season is open), two redheads, one 
canvasback, and two pintail.
Canada Geese
    Season Dates: Open October 10, 2009, through January 24, 2010.
    Daily Bag Limit: Three Canada geese per day.
    General Conditions: All nontribal hunters hunting band-tailed 
pigeons and mourning doves on Reservation lands must have in their 
possession a valid White Mountain Apache Daily or Yearly Small Game 
Permit. In addition to a small game permit, all nontribal hunters 
hunting band-tailed pigeons must have in their possession a White 
Mountain Special Band-tailed Pigeon Permit. Other special regulations 
established by the White Mountain Apache Tribe apply on the 
reservation. Possession limits are twice the daily bag limits. Tribal 
and nontribal hunters will comply with all basic Federal migratory bird 
hunting regulations in 50 CFR Part 20 regarding shooting hours and 
manner of taking.
* * * * *

    Dated: October 21, 2009
Sara Prigan,
Federal Register Liaison.
[FR Doc. E9-25932 Filed 10-27-09; 8:45 am]
BILLING CODE 4310-55-S