[Federal Register Volume 75, Number 169 (Wednesday, September 1, 2010)]
[Rules and Regulations]
[Pages 53774-53784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21664]



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Part III





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 20



Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain 
Federal Indian Reservations and Ceded Lands for the 2010-11 Early 
Season; Final Rule

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

[[Page 53774]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[Docket No. FWS-R9-MB-2010-0040; 91200-1231-9BPP-L2]
RIN 1018-AX06


Migratory Bird Hunting; Migratory Bird Hunting Regulations on 
Certain Federal Indian Reservations and Ceded Lands for the 2010-11 
Early Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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

DATES: This rule takes effect on September 1, 2010.

ADDRESSES: You may inspect comments received on the proposed special 
hunting regulations and Tribal proposals during normal business hours 
in room 4107, Arlington Square Building, 4501 N. Fairfax Drive, 
Arlington, VA or at http://www.regulations.gov at Docket No. FWS-R9-MB-
2010-0040.

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

SUPPLEMENTARY INFORMATION: The Migratory Bird Treaty Act (MBTA) of July 
3, 1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), authorizes and directs 
the Secretary of the Department of the Interior, having due regard for 
the zones of temperature and for the distribution, abundance, economic 
value, breeding habits, and times and lines of flight of migratory game 
birds, to determine when, to what extent, and by what means such birds 
or any part, nest, or egg thereof may be taken, hunted, captured, 
killed, possessed, sold, purchased, shipped, carried, exported, or 
transported.
    In the August 6, 2010, Federal Register (75 FR 47682), we proposed 
special migratory bird hunting regulations for the 2010-11 hunting 
season for certain Indian Tribes, under the guidelines described in the 
June 4, 1985, Federal Register (50 FR 23467). The guidelines respond to 
Tribal requests for Service recognition of their reserved hunting 
rights, and for some Tribes, recognition of their authority to regulate 
hunting by both Tribal members and nonmembers on their reservations. 
The guidelines include possibilities for:
    (1) On-reservation hunting by both Tribal members and nonmembers, 
with hunting by nontribal members on some reservations to take place 
within Federal frameworks but on dates different from those selected by 
the surrounding State(s);
    (2) On-reservation hunting by Tribal members only, outside of usual 
Federal frameworks for season dates and length, and for daily bag and 
possession limits; and
    (3) Off-reservation hunting by Tribal members on ceded lands, 
outside of usual framework dates and season length, with some added 
flexibility in daily bag and possession limits.
    In all cases, the regulations established under the guidelines must 
be consistent with the March 10-September 1 closed season mandated by 
the 1916 Migratory Bird Treaty with Canada. We have successfully used 
the guidelines since the 1985-86 hunting season. We finalized the 
guidelines beginning with the 1988-89 hunting season (August 18, 1988, 
Federal Register [53 FR 31612]).
    In the May 13, 2010, Federal Register (75 FR 27144), we requested 
that Tribes desiring special hunting regulations in the 2010-11 hunting 
season submit a proposal including details on:
    (a) Harvest anticipated under the requested regulations;
    (b) Methods that would be employed to measure or monitor harvest 
(such as bag checks, mail questionnaires, etc.);
    (c) Steps that would be taken to limit level of harvest, where it 
could be shown that failure to limit such harvest would adversely 
impact the migratory bird resource; and
    (d) Tribal capabilities to establish and enforce migratory bird 
hunting regulations.
    No action is required if a Tribe wishes to observe the hunting 
regulations established by the State(s) in which an Indian reservation 
is located. On August 6, 2010, we published a proposed rule (75 FR 
47682) that included special migratory bird hunting regulations for 30 
Indian Tribes, based on the input we received in response to the May 
13, 2010, proposed rule. All the regulations contained in this final 
rule were either submitted by the Tribes or approved by the Tribes and 
follow our proposals in the August 6 proposed rule.
    Although the May 13 proposed rule included generalized regulations 
for both early- and late-season hunting, this rulemaking addresses only 
the early-season proposals. Therefore, it includes information for only 
24 Tribes. The letter designations for the paragraphs pertaining to 
each Tribe in this rule are discontinuous because they follow the 
letter designations for the 30 Tribes discussed in the August 6 
proposed rule, which set forth paragraphs (a) through (dd). Late-season 
hunting will be addressed in late September. As a general rule, early 
seasons begin during September each year and have a primary emphasis on 
such species as mourning and white-winged doves. Late seasons begin 
about October 1 or later each year and have a primary emphasis on 
waterfowl.

Population Status and Harvest

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

Waterfowl Breeding and Habitat Survey

    Federal, provincial, and State agencies conduct surveys each spring 
to estimate the size of breeding populations and to evaluate the 
conditions of the habitats. These surveys are conducted using fixed-
wing aircraft, helicopters, and ground crews and encompass principal 
breeding areas of North America, covering an area over 2.0 million 
square miles. The traditional survey area comprises Alaska, Canada, and 
the northcentral United States, and includes approximately 1.3 million 
square miles. The eastern survey area includes parts of Ontario, 
Quebec, Labrador, Newfoundland, Nova Scotia, Prince Edward Island, New 
Brunswick, New York, and Maine, an area of approximately 0.7 million 
square miles.
    Overall, habitat conditions during the 2010 Waterfowl Breeding 
Population and Habitat Survey were characterized by average to below-
average moisture and a mild winter and early spring across the entire 
traditional (including the northern locations) and eastern survey 
areas. The total pond estimate (Prairie Canada and U.S. combined) was

[[Page 53775]]

6.7  0.2 million. This was similar to the 2009 estimate and 
34 percent above the long-term average of 5.0  0.03 million 
ponds.
Traditional Survey Area (U.S. and Canadian Prairies and Parklands)
    Conditions across the Canadian prairies were similar to 2009. 
Portions of southern Alberta, Saskatchewan, and Manitoba improved, but 
a large area along the Alberta and Saskatchewan border remained dry, 
and moisture levels in portions of Manitoba declined from last year. 
The 2010 estimate of ponds in Prairie Canada was 3.7  0.2 
million. This was similar to last year's estimate (3.6  0.1 
million) and to the 1955-2009 average (3.4  0.03 million). 
Residual water remains in the Parklands and these were classified as 
fair to good. Most of the Prairie-Parkland region of Canada received 
abundant to historically high levels of precipitation during and after 
the survey, which, while possibly flooding some nests, will produce 
excellent brood-rearing habitat for successful nesters and lessen the 
impact of the normal summer drawdown, leading to beneficial wetland 
conditions next spring.
    Wetland numbers and conditions remained fair to good in the eastern 
U.S. prairies, but habitat conditions declined through the western 
Dakotas and Montana. The 2010 pond estimate for the north-central 
United States was 2.9  0.1 million, essentially unchanged 
from last year's estimate (2.9  0.1 million) and 87 percent 
above the long-term average (1.6  0.02 million). Fall and 
winter precipitation in the eastern Dakotas generally improved good 
habitat conditions already present. However, wetlands in the western 
Dakotas and Montana were not recharged, resulting in a deterioration of 
conditions from 2009 at the time the survey was conducted.
Bush (Alaska, Northern Manitoba, Northern Saskatchewan, Northwest 
Territories, Yukon Territory, Western Ontario)
    In the bush regions of the traditional survey area, spring breakup 
was early. Unlike in 2009, the majority of habitats were ice-free for 
arriving waterfowl. Habitat of most of the bush region, with the 
exception of Alaska and the Northwest Territories where conditions were 
normal, was classified as fair due to below-average moisture, but the 
early spring should benefit waterfowl across the entire area.
Eastern Survey Area
    The boreal forest and Canadian Maritimes of the eastern survey area 
experienced an early spring as well. Much of southern Quebec and 
Ontario were classified as poor to fair due to dry conditions, with the 
exception of an area of adequate moisture in west-central Ontario. More 
northern boreal forest locations benefited from near-normal 
precipitation and early ice-free conditions. Although winter 
precipitation from southwestern Ontario along the St. Lawrence River 
Valley and into Maine was below average, waterfowl habitat was 
classified as good to excellent, as in 2009. The James and Hudson Bay 
Lowlands of Ontario (strata 57-59) were not surveyed in 2010, but 
reports indicated an early spring in these locations as well.
Breeding Population Status
    In the traditional survey area, which includes strata 1-18, 20-50, 
and 75-77, the total duck population estimate was 40.9  0.7 
[SE] million birds. This estimate was similar to last year's estimate 
of 42.0  0.7 million birds and was 21 percent above the 
long-term average (1955-2009). Estimated mallard (Anas platyrhynchos) 
abundance was 8.4  0.3 million birds, which was similar to 
the 2009 estimate of 8.5  0.2 million birds and 12 percent 
above the long-term average. Estimated abundance of gadwall (A. 
strepera; 3.0  0.2 million) was similar to the 2009 
estimate and 67 percent above the long-term average. Estimated 
abundance of American wigeon (A. americana; 2.4  0.1 
million) was similar to 2009 and the long-term average. The estimated 
abundance of green-winged teal (A. crecca) was 3.5  0.2 
million, which was similar to the 2009 estimate and 78 percent above 
their long-term average of 1.9  0.02 million. The estimate 
of blue-winged teal abundance (A. discors) was 6.3  0.4 
million, which was 14 percent below the 2009 estimate and 36 percent 
above their long-term average of 4.7  0.04 million. The 
estimate for northern pintails (A. acuta; 3.5  0.2 million) 
was similar to the 2009 estimate, and 13 percent below the long-term 
average of 4.0  0.04 million. Estimates of northern 
shovelers (A. clypeata; 4.1  0.2 million) and redheads 
(Aythya americana; 1.1  0.1 million) were similar to their 
2009 estimates and were 76 percent and 63 percent above their long-term 
averages of 2.3  0.02 million and 0.7  0.01 
million, respectively. The canvasback estimate (A. valisineria; 0.6 
 0.05 million) was similar to the 2009 estimate and to the 
long-term average. The scaup estimate (A. affinis and A. marila 
combined; 4.2  0.2 million) was similar to that of 2009 and 
16 percent below the long-term average of 5.1  0.05 
million.
    The eastern survey area was restratified in 2005 and is now 
composed of strata 51-72. Estimates of mallards, scaup, scoters (black 
[Melanitta nigra], white-winged [M. fusca], and surf [M. 
perspicillata]), green-winged teal, American wigeon, bufflehead 
(Bucephala albeola), ring-necked duck (Aythya collaris), and goldeneyes 
(common [B. clangula] and Barrow's [B. islandica]) all were similar to 
their 2009 estimates and long-term averages. The mergansers (red-
breasted [Mergus serrator], common [M. merganser], and hooded 
[Lophodytes cucullatus]) estimate was 386.4 thousand, which was 15 
percent below the 2009 estimate, and 14 percent below the long-term 
average of 450.8 thousand. The American black duck (Anas rubripes) 
estimate was similar to the 2009 estimate and 7 percent below the long-
term average of 478.9 thousand.
Fall Flight Estimate
    The mid-continent mallard population is composed of mallards from 
the traditional survey area (revised in 2008 to exclude Alaska 
mallards), Michigan, Minnesota, and Wisconsin, and was estimated to be 
10.3  0.9 million in 2010. This was similar to the 2009 
estimate of 10.3  0.9 million.

Status of Geese and Swans

    We provide information on the population status and productivity of 
North American Canada geese (Branta canadensis), brant (B. bernicla), 
snow geese (Chen caerulescens), Ross' geese (C. rossii), emperor geese 
(C. canagica), white-fronted geese (Anser albifrons), and tundra swans 
(Cygnus columbianus). Temperatures in much of central and northern 
Canada from January through April were in excess of 5 [deg]C warmer 
than average. Substantially above-average temperatures continued into 
May and June in important goose habitats within eastern Canada. The 
resulting accelerated snowmelt contributed to favorable nesting 
conditions for many mid-latitude and arctic nesting goose populations 
in 2010. Persistent snow cover significantly delayed goose nesting 
activities only in the Queen Maud Gulf, Victoria Island, and Wrangel 
Island regions. Well-above or near-average wetland abundance in the 
U.S. and Canadian prairie regions and mild spring temperatures in many 
other temperate regions will likely improve production of Canada geese 
that nest at southern latitudes. Primary abundance indices for both 
populations of tundra swans decreased in 2010 from 2009 levels. Primary 
abundance indices decreased for 15 goose populations and

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increased for 12 goose populations in 2010 compared to 2009. The 
following populations displayed significant positive trends during the 
most recent 10-year period (P < 0:05): Mississippi Flyway Giant, Short 
Grass Prairie, Aleutian, and Eastern Prairie Canada geese; Western 
Arctic/Wrangel Island, and Western Central Flyway light geese; and 
Pacific white-fronted geese. No population showed a significant 
negative 10-year trend. The forecast for the production of geese and 
swans in North America for 2010 is regionally variable, but production 
for many populations will be much improved this year compared to the 
poor production widely experienced in 2009.

Waterfowl Harvest and Hunter Activity

    National surveys of migratory bird hunters were conducted during 
the 2008 and 2009 hunting seasons. About 1.2 million waterfowl hunters 
harvested 13,635,700 ( 4 percent) ducks and 3,792,600 
( 5 percent) geese in 2008, and about 1.1 million waterfowl 
hunters harvested 13,139,800 ( 4 percent) ducks and 
3,327,000 ( 5 percent) geese in 2009. Mallard, green-winged 
teal, gadwall, blue-winged/cinnamon teal, and wood duck (Aix sponsa) 
were the 5 most-harvested duck species in the United States, and Canada 
goose was the predominant goose species in the goose harvest. Coot 
hunters (about 31,100 in 2008 and 2009) harvested 275,900 ( 
43 percent) coots in 2008 and 219,000 ( 34 percent) in 
2009.

Comments and Issues Concerning Tribal Proposals

    For the 2010-11 migratory bird hunting season, we proposed 
regulations for 30 Tribes and/or Indian groups that followed the 1985 
guidelines and were considered appropriate for final rulemaking. Some 
of the Tribal proposals had both early- and late-season elements. 
However, as noted earlier, only those with early-season proposals are 
included in this final rulemaking; 24 Tribes have proposals with early 
seasons. The comment period for the proposed rule, published on August 
6, 2010, closed on August 16, 2010. Because of the necessary brief 
comment period, we will respond to any comments on the proposed rule 
and/or these regulations postmarked by August 16, but not received 
prior to final action by us, in the September late-season final rule. 
At this time, we have not received any comments.

NEPA Consideration

    NEPA considerations are covered by the programmatic document 
``Final Supplemental Environmental Impact Statement: Issuance of Annual 
Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88-
14),'' filed with the Environmental Protection Agency on June 9, 1988. 
We published a notice of availability in the Federal Register on June 
16, 1988 (53 FR 22582). We published our Record of Decision on August 
18, 1988 (53 FR 31341). In addition, an August 1985 environmental 
assessment entitled ``Guidelines for Migratory Bird Hunting Regulations 
on Federal Indian Reservations and Ceded Lands'' is available from the 
address indicated under the caption ADDRESSES.
    In a notice published in the September 8, 2005, Federal Register 
(70 FR 53376), we announced our intent to develop a new Supplemental 
Environmental Impact Statement (SEIS) for the migratory bird hunting 
program. Public scoping meetings were held in the spring of 2006, as 
detailed in a March 9, 2006, Federal Register (71 FR 12216). We 
released the draft SEIS on July 9, 2010 (75 FR 39577). The draft SEIS 
is available by either writing to the address indicated under ADDRESSES 
or by viewing on our Web site at http://www.fws.gov/migratorybirds.

Endangered Species Act Consideration

    Section 7 of the Endangered Species Act, as amended (16 U.S.C. 
1531-1543; 87 Stat. 884), provides that, ``The Secretary shall review 
other programs administered by him and utilize such programs in 
furtherance of the purposes of this Act'' (and) shall ``insure that any 
action authorized, funded, or carried out * * * is not likely to 
jeopardize the continued existence of any endangered species or 
threatened species or result in the destruction or adverse modification 
of [critical] habitat. * * *.'' Consequently, we conducted formal 
consultations to ensure that actions resulting from these regulations 
would not likely jeopardize the continued existence of endangered or 
threatened species or result in the destruction or adverse modification 
of their critical habitat. Findings from these consultations are 
included in a biological opinion, which concluded that the regulations 
are not likely to jeopardize the continued existence of any endangered 
or threatened species. Additionally, these findings may have caused 
modification of some regulatory measures previously proposed, and the 
final frameworks reflect any such modifications. Our biological 
opinions resulting from this section 7 consultation are public 
documents available for public inspection at the address indicated 
under ADDRESSES.

Executive Order 12866

    The Office of Management and Budget has determined that this rule 
is significant and has reviewed this rule under Executive Order 12866. 
OMB bases its determination of regulatory significance upon the 
following four criteria:
    (a) Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of the government.
    (b) Whether the rule will create inconsistencies with other Federal 
agencies' actions.
    (c) Whether the rule will materially affect entitlements, grants, 
user fees, loan programs, or the rights and obligations of their 
recipients.
    (d) Whether the rule raises novel legal or policy issues.
    An economic analysis was prepared for the 2008-09 season. This 
analysis was based on data from the 2006 National Hunting and Fishing 
Survey, the most recent year for which data are available (see 
discussion in Regulatory Flexibility Act section below). This analysis 
estimated consumer surplus for three alternatives for duck hunting 
(estimates for other species are not quantified due to lack of data). 
The alternatives are (1) Issue restrictive regulations allowing fewer 
days than those issued during the 2007-08 season, (2) Issue moderate 
regulations allowing more days than those in alternative 1, and (3) 
Issue liberal regulations identical to the regulations in the 2007-08 
season. For the 2008-09 season, we chose alternative 3, with an 
estimated consumer surplus across all flyways of $205-$270 million. At 
this time, we are proposing no changes to the season frameworks for the 
2010-11 season, and as such, we will again consider these three 
alternatives. However, final frameworks will depend on population 
status information available later this year. For these reasons, we 
have not conducted a new economic analysis, but the 2008-09 analysis is 
part of the record for this rule and is available at http://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or at http://www.regulations.gov at 
Docket No. FWS-R9-MB-2010-0040.

Regulatory Flexibility Act

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

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regulations on small business entities in detail as part of the 1981 
cost-benefit analysis. This analysis was revised annually from 1990-95. 
In 1995, the Service issued a Small Entity Flexibility Analysis 
(Analysis), which was subsequently updated in 1996, 1998, 2004, and 
2008. The primary source of information about hunter expenditures for 
migratory game bird hunting is the National Hunting and Fishing Survey, 
which is conducted at 5-year intervals. The 2008 Analysis was based on 
the 2006 National Hunting and Fishing Survey and the U.S. Department of 
Commerce's County Business Patterns, from which it was estimated that 
migratory bird hunters would spend approximately $1.2 billion at small 
businesses in 2008. Copies of the Analysis are available upon request 
from the Division of Migratory Bird Management (see FOR FURTHER 
INFORMATION CONTACT) or from our Web site at http://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or at http://www.regulations.gov at 
Docket No. FWS-R9-MB-2010-0040.

Small Business Regulatory Enforcement Fairness Act

    This rule is a major rule under 5 U.S.C. 804(2), the Small Business 
Regulatory Enforcement Fairness Act. For the reasons outlined above, 
this rule has an annual effect on the economy of $100 million or more. 
However, because this rule establishes hunting seasons, we do not plan 
to defer the effective date under the exemption contained in 5 U.S.C. 
808(1).

Paperwork Reduction Act

    We examined these regulations under the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.). The various recordkeeping and reporting 
requirements imposed under regulations established in 50 CFR part 20, 
subpart K, are utilized in the formulation of migratory game bird 
hunting regulations. Specifically, OMB has approved the information 
collection requirements of our Migratory Bird Surveys and assigned 
control number 1018-0023 (expires 2/28/2011). This information is used 
to provide a sampling frame for voluntary national surveys to improve 
our harvest estimates for all migratory game birds in order to better 
manage these populations.
    OMB has also approved the information collection requirements of 
the Alaska Subsistence Household Survey, an associated voluntary annual 
household survey used to determine levels of subsistence take in 
Alaska, and assigned control number 1018-0124 (expires 4/30/2013).
    A Federal agency may not conduct or sponsor and a person is not 
required to respond to a collection of information unless it displays a 
currently valid OMB control number.

Unfunded Mandates Reform Act

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

Civil Justice Reform--Executive Order 12988

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

Takings Implication Assessment

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

Energy Effects--Executive Order 13211

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

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations With Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we 
have evaluated possible effects on Federally recognized Indian Tribes 
and have determined that there are no effects on Indian trust 
resources. However, in the May 13 Federal Register, we solicited 
proposals for special migratory bird hunting regulations for certain 
Tribes on Federal Indian reservations, off-reservation trust lands, and 
ceded lands for the 2010-11 migratory bird hunting season. The 
resulting proposals were contained in a separate proposed rule (75 FR 
47681, August 6, 2010). By virtue of these actions, we have consulted 
with Tribes affected by this rule.

Federalism Effects

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

Regulations Promulgation

    The rulemaking process for migratory game bird hunting must, by its 
nature, operate under severe time constraints. However, we intend that 
the public be given the greatest possible opportunity to comment. Thus, 
when the preliminary proposed rulemaking was published, we established 
what we believed were the longest periods possible for public comment. 
In doing this, we recognized that when the comment period closed, time 
would be of the essence. That is, if there were a delay in the 
effective date of these regulations after this final rulemaking, States 
and Tribes would have insufficient time to select season dates and 
limits; to communicate those

[[Page 53778]]

selections to us; and to establish and publicize the necessary 
regulations and procedures to implement their decisions. We, therefore, 
find that ``good cause'' exists, within the terms of 5 U.S.C. 553(d)(3) 
of the Administrative Procedure Act, and these seasons will, therefore, 
take effect immediately upon publication.

List of Subjects in 50 CFR Part 20

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

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. Section 20.110 is amended by revising paragraphs (a) through (e), 
(g), (i) through (u), (w), and (y) through (bb), and adding paragraph 
(cc), to read as set forth below (Current Sec.  20.110 was published at 
74 FR 51707, September 2, 2009, and amended at 74 FR 49294, September 
25, 2009).


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

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

Doves

    Season Dates: Open September 1, through September 15, 2010; then 
open November 12, through December 26, 2010.
    Daily Bag and Possession Limits: For the early season, daily bag 
limit is 10 mourning or white-winged doves, singly, or in the 
aggregate. For the late season, the daily bag limit is 10 mourning 
doves. Possession limits are twice the daily bag limits after the first 
day of the season.
    General Conditions: All persons 14 years and older must be in 
possession of a valid Colorado River Indian Reservation hunting permit 
before taking any wildlife on Tribal lands. Any person transporting 
game birds off the Colorado River Indian Reservation must have a valid 
transport declaration form. Other Tribal regulations apply, and may be 
obtained at the Fish and Game Office in Parker, Arizona.
    (b) Confederated Salish and Kootenai Tribes, Flathead Indian 
Reservation, Pablo, Montana (Tribal Hunters).

Tribal Members Only

Ducks (Including Mergansers)

    Season Dates: Open September 1, 2010, through March 9, 2011.
    Daily Bag and Possession Limits: The Tribe does not have specific 
bag and possession restrictions for Tribal members. The season on 
harlequin duck is closed.

Coots

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: Same as ducks.

Geese

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: Same as ducks.
    General Conditions: Tribal and nontribal hunters must comply with 
all basic Federal migratory bird hunting regulations contained in 50 
CFR part 20 regarding manner of taking. In addition, shooting hours are 
sunrise to sunset, and each waterfowl hunter 16 years of age or older 
must carry on his/her person a valid Migratory Bird Hunting and 
Conservation Stamp (Duck Stamp) signed in ink across the stamp face. 
Special regulations established by the Confederated Salish and Kootenai 
Tribes also apply on the reservation.
    (c) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet, 
Minnesota (Tribal Members Only).

Ducks

1854 and 1837 Ceded Territories

    Season Dates: Begin September 18 and end November 28, 2010.
    Daily Bag Limit: 18 ducks, including no more than 12 mallards (only 
3 of which may be hens), 3 black ducks, 6 scaup, 6 wood ducks, 6 
redheads, 3 pintails, and 3 canvasbacks.
Reservation
    Season Dates: Begin September 4 and end November 28, 2010.
    Daily Bag Limit: 12 ducks, including no more than 8 mallards (only 
2 of which may be hens), 2 black ducks, 4 scaup, 4 redheads, 2 
pintails, 4 wood ducks, and 2 canvasbacks.

Mergansers

1854 and 1837 Ceded Territories
    Season Dates: Begin September 18 and end November 28, 2010.
    Daily Bag Limit: 15 mergansers, including no more than 6 hooded 
mergansers.
Reservation
    Season Dates: Begin September 4 and end November 28, 2010.
    Daily Bag Limit: 10 mergansers, including no more than 4 hooded 
mergansers.

Canada Geese: All Areas

    Season Dates: Begin September 1 and end November 28, 2010.
    Daily Bag Limit: 20 geese.

Coots and Common Moorhens (Common Gallinules)

1854 and 1837 Ceded Territories
    Season Dates: Begin September 18 and end November 28, 2010.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.
Reservation
    Season Dates: Begin September 4 and end November 28, 2010.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.

Sora and Virginia Rails: All Areas

    Season Dates: Begin September 1 and end November 28, 2010.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate.

Common Snipe: All Areas

    Season Dates: Begin September 1 and end November 28, 2010.
    Daily Bag Limit: Eight common snipe.

Woodcock: All Areas

    Season Dates: Begin September 1 and end November 28, 2010.
    Daily Bag Limit: Three woodcock.

Mourning Dove: All Areas

    Season Dates: Begin September 1 and end October 30, 2010.
    Daily Bag Limit: 30 mourning dove.
    General Conditions:
    1. While hunting waterfowl, a Tribal member must carry on his/her 
person a valid Tribal waterfowl hunting permit.
    2. Except as otherwise noted, Tribal members will be required to 
comply with Tribal codes that will be no less restrictive than the 
provisions of Chapter 10 of the Model Off-Reservation Code. These 
regulations parallel Federal requirements in 50 CFR part 20 as to 
hunting methods, transportation, sale, exportation, and other 
conditions generally applicable to migratory bird hunting.
    3. Band members in each zone will comply with State regulations 
providing

[[Page 53779]]

for closed and restricted waterfowl hunting areas.
    4. There are no possession limits on any species, unless otherwise 
noted above. For purposes of enforcing bag and possession limits, all 
migratory birds in the possession or custody of band members on ceded 
lands will be considered to have been taken on those lands unless 
tagged by a Tribal or State conservation warden as having been taken 
on-reservation. All migratory birds that fall on reservation lands will 
not count as part of any off-reservation bag or possession limit.
    (d) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons 
Bay, Michigan (Tribal Members Only).

All Seasons in Michigan, 1836 Treaty Zone

Ducks

    Season Dates: Open September 18, 2010, through January 18, 2011.
    Daily Bag Limit: 20 ducks, which may include no more than 5 
pintail, 3 canvasback, 5 black ducks, 1 hooded merganser, 5 wood ducks, 
3 redheads, and 9 mallards (only 4 of which may be hens).

Canada and Snow Geese

    Season Dates: Open September 1, through November 30, 2010; and open 
January 1, 2010, through February 8, 2011.
    Daily Bag Limit: 10 geese.

Other Geese (White-Fronted Geese and Brant)

    Season Dates: Open September 20, through November 30, 2010.
    Daily Bag Limit: Five geese.

Sora Rails, Common Snipe, and Woodcock

    Season Dates: Open September 1, through November 14, 2010.
    Daily Bag Limit: 10 rails, 10 snipe, and 5 woodcock.

Mourning Doves

    Season Dates: Open September 1, through November 14, 2010.
    Daily Bag Limit: 10 mourning doves.
    General Conditions: A valid Grand Traverse Band Tribal license is 
required and must be in possession before taking any wildlife. All 
other basic regulations contained in 50 CFR part 20 are valid. Other 
Tribal regulations apply, and may be obtained at the Tribal office in 
Suttons Bay, Michigan.
    (e) Great Lakes Indian Fish and Wildlife Commission, Odanah, 
Wisconsin (Tribal Members Only).
    The 2010-11 waterfowl hunting season regulations apply to all 
treaty areas (accept where noted):

Ducks

    Season Dates: Begin September 15 and end December 31, 2010.
    Daily Bag Limit: 30 ducks, including no more than 5 black ducks, 5 
pintails, and 5 canvasbacks.

Mergansers

    Season Dates: Begin September 15 and end December 31, 2010.
    Daily Bag Limit: 10 mergansers.

Geese

    Season Dates: Begin September 1 and end December 31, 2010. In 
addition, any portion of the ceded territory that is open to State-
licensed hunters for goose hunting after December 1 will also be open 
concurrently for Tribal members.
    Daily Bag Limit: 20 geese in aggregate.

Other Migratory Birds

Coots and Common Moorhens (Common Gallinules)

    Season Dates: Begin September 15 and end December 31, 2010.
    Daily Bag Limit: 20 coots and common moorhens (common gallinules), 
singly or in the aggregate.

Sora and Virginia Rails

    Season Dates: Begin September 15 and end December 31, 2010.
    Daily Bag Limits: 20 Sora and Virginia rails, singly or in the 
aggregate.
    Possession Limit: 25.

Common Snipe

    Season Dates: Begin September 15 and end December 31, 2010.
    Daily Bag Limit: 16 common snipe.

Woodcock

    Season Dates: Begin September 7 and end December 1, 2010.
    Daily Bag Limit: 10 woodcock.

Mourning Dove: 1837 and 1842 Ceded Territories

    Season Dates: Begin September 1 and end November 9, 2010.
    Daily Bag Limit: 15.

General Conditions

    1. All Tribal members will be required to obtain a valid Tribal 
waterfowl hunting permit.
    2. Except as otherwise noted, Tribal members will be required to 
comply with Tribal codes that will be no less restrictive than the 
model ceded territory conservation codes approved by Federal courts in 
the Lac Courte Oreilles v. State of Wisconsin (Voigt) and Mille Lacs 
Band v. State of Minnesota, and United States v. Michigan cases. 
Chapter 10 in each of these model codes regulates ceded territory 
migratory bird hunting. All versions of Chapter 10 parallel Federal 
requirements as to hunting methods, transportation, sale, exportation, 
and other conditions generally applicable to migratory bird hunting. 
They also automatically incorporate by reference the Federal migratory 
bird regulations contained in 50 CFR part 20.
    3. Particular regulations of note include:
    i. Nontoxic shot is required for all off-reservation waterfowl 
hunting by Tribal members.
    ii. Tribal members in each zone shall comply with Tribal 
regulations providing for closed and restricted waterfowl hunting 
areas. These regulations generally incorporate the same restrictions 
contained in parallel State regulations.
    iii. Possession limits for each species are double the daily bag 
limit, except on the opening day of the season, when the possession 
limit equals the daily bag limit, unless otherwise noted above. 
Possession limits are applicable only to transportation and do not 
include birds that are cleaned, dressed, and at a member's primary 
residence. For purposes of enforcing bag and possession limits, all 
migratory birds in the possession and custody of Tribal members on 
ceded lands will be considered to have been taken on those lands unless 
tagged by a Tribal or State conservation warden as taken on reservation 
lands. All migratory birds that fall on reservation lands will not 
count as part of any off-reservation bag or possession limit.
    iv. The baiting restrictions included in section 10.05(2)(h) of the 
model ceded territory conservation code will be amended to include 
language which parallels that in place for non-Tribal members as 
published at 64 FR 29799, June 3, 1999.
    v. The shell limit restrictions included in section 10.05(2)(b) of 
the model ceded territory conservation code will be removed.
    vi. Hunting hours shall be from a half hour before sunrise to 15 
minutes after sunset.
    4. Michigan--Duck Blinds and Decoys. Tribal members hunting in 
Michigan will comply with Tribal codes that contain provisions parallel 
to Michigan law regarding duck blinds and decoys.
    (g) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal 
Members and Nontribal Hunters).

Nontribal Hunters on Reservation

Geese

    Season Dates: Open September 1, through September 13, 2010, for the

[[Page 53780]]

early-season, and open October 2, 2010, through January 31, 2011, for 
the late-season. During this period, days to be hunted are specified by 
the Kalispel Tribe. Nontribal hunters should contact the Tribe for more 
detail on hunting days.
    Daily Bag and Possession Limits: 5 Canada geese for the early 
season, and 3 light geese and 4 dark geese, for the late season. The 
daily bag limit is 2 brant (when the State's season is open) and is in 
addition to dark goose limits for the late-season. The possession limit 
is twice the daily bag limit.

Tribal Hunters Within Kalispel Ceded Lands

Ducks

    Season Dates: Open September 1, 2010, through January 31, 2011.
    Daily Bag and Possession Limits: 7 ducks, including no more than 2 
female mallards, 2 pintail, 1 canvasback, 3 scaup, and 2 redheads. The 
possession limit is twice the daily bag limit.

Geese

    Season Dates: Open September 1, 2010, through January 31, 2011.
    Daily Bag Limit: 6 light geese and 4 dark geese. The daily bag 
limit is 2 brant and is in addition to dark goose limits.
    General: Tribal members must possess a validated Migratory Bird 
Hunting and Conservation Stamp and a Tribal ceded lands permit.
    (i) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members 
Only).

Ducks

    Season Dates: Open September 18, through December 31, 2010.
    Daily Bag Limits: 10 ducks.

Geese

    Season Dates: Open September 1, through December 31, 2010.
    Daily Bag Limits: 10 geese.
    General: Possession limits are twice the daily bag limits. Shooting 
hours are one-half hour before sunrise to one-half hour after sunset. 
Nontoxic shot is required. Use of live decoys, bait, and commercial use 
of migratory birds are prohibited. Waterfowl may not be pursued or 
taken while using motorized craft.
    (j) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal 
Members Only).

Ducks

    Season Dates: Open September 15, 2010, through January 20, 2011.
    Daily Bag and Possession Limits: 12 ducks, including no more than 2 
pintail, 2 canvasback, 1 hooded merganser, 3 black ducks, 3 wood ducks, 
3 redheads, and 6 mallards (only 3 of which may be hens). The 
possession limit is twice the daily bag limit.

Canada Geese

    Season Dates: Open September 1, 2010, through February 8, 2011.
    Daily Bag and Possession Limits: Five Canada geese and possession 
limit is twice the daily bag limit.

White-Fronted Geese, Snow Geese, Ross Geese, and Brant

    Season Dates: Open September 20, through November 30, 2010.
    Daily Bag and Possession Limits: Five birds and the possession 
limit is twice the daily bag limit.

Mourning Doves, Rails, Snipe, and Woodcock

    Season Dates: Open September 1, through November 14, 2010.
    Daily Bag and Possession Limits: 10 doves, 10 rails, 10 snipe, and 
5 woodcock. The possession limit is twice the daily bag limit.

General

    1. All Tribal members are required to obtain a valid Tribal 
resource card and 2010-11 hunting license.
    2. Except as modified by the Service rules adopted in response to 
this proposal, these amended regulations parallel all Federal 
regulations contained in 50 CFR part 20.
    3. Particular regulations of note include:
    i. Nontoxic shot will be required for all waterfowl hunting by 
Tribal members.
    ii. Tribal members in each zone will comply with Tribal regulations 
providing for closed and restricted waterfowl hunting areas. These 
regulations generally incorporate the same restrictions contained in 
parallel State regulations.
    iii. Possession limits for each species are double the daily bag 
limit, except on the opening day of the season, when the possession 
limit equals the daily bag limit, unless otherwise noted above.
    4. Tribal members hunting in Michigan will comply with Tribal codes 
that contain provisions parallel to Michigan law regarding duck blinds 
and decoys.
    (k) The Little Traverse Bay Bands of Odawa Indians, Petoskey, 
Michigan (Tribal Members Only).

Ducks

    Season Dates: Open September 15, 2010, through January 31, 2011.
    Daily Bag Limits: 20 ducks, including no more than 5 hen mallards, 
5 black ducks, 5 redheads, 5 wood ducks, 5 pintail, 5 hooded merganser, 
5 scaup, and 5 canvasback.

Coots and Gallinules

    Season Dates: Open September 1, through December 31, 2010.
    Daily Bag Limit: 20.

Canada Geese

    Season Dates: Open September 1, 2010, through February 8, 2011.
    Daily Bag Limit: 20.

White-Fronted Geese, Snow Geese, and Brant

    Season Dates: Open September 1, 2010, through February 8, 2011.
    Daily Bag Limit: 20 geese in aggregate.

Sora and Virginia Rails

    Season Dates: Open September 1, through December 31, 2010.
    Daily Bag Limit: 20.

Snipe

    Season Dates: Open September 15, through December 31, 2010.
    Daily Bag Limit: 16.

Mourning Doves

    Season Dates: Open September 1, through November 9, 2010.
    Daily Bag Limit: 15.

Woodcock

    Season Dates: Open September 5, through December 1, 2010.
    Daily Bag Limit: 10.
    General: Possession limits are twice the daily bag limits.
    (l) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule, 
South Dakota (Tribal Members and Nontribal Hunters).

Tribal Members

Ducks, Mergansers and Coots

    Season Dates: Open September 11, 2010, through March 10, 2011.
    Daily Bag and Possession Limits: Six ducks, including no more than 
one hen mallard, two scaup, one mottled duck, two redheads, two wood 
ducks, one canvasback, and one pintail. Coot daily bag limit is 15. 
Merganser daily bag limit is five, including no more than two hooded 
merganser. The possession limit is twice the daily bag limit.
    (m) Lower Elwha Klallam Tribe, Port Angeles, Washington (Tribal 
Members Only).

Ducks

    Season Dates: Open September 18, through December 31, 2010.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, one canvasback, and two redheads.

[[Page 53781]]

Possession limit is twice the daily bag limit. Bag and possession 
limits for harlequin ducks is one per season.

Geese

    Season Dates: Open September 18, through December 31, 2010.
    Daily Bag and Possession Limits: Four geese, and may include no 
more than three light geese. The seasons on Aleutian Canada geese and 
Brant are closed. Possession limit is twice the daily bag limit.

Coots

    Season Dates: Open September 18, through December 31, 2010.
    Daily Bag and Possession Limits: 25 and 50 coots, respectively.

Mourning Doves

    Season Dates: Open September 18, through December 31, 2010.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Snipe

    Season Dates: Open September 18, through December 31, 2010.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

Band-Tailed Pigeon

    Season Dates: Open September 18, through December 31, 2010.
    Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
    General: Tribal members must possess a Tribal hunting permit from 
the Lower Elwha Klallam Tribe pursuant to Tribal law. Hunters must 
observe all basic Federal migratory bird hunting regulations in 50 CFR 
part 20.
    (n) Makah Indian Tribe, Neah Bay, Washington (Tribal Members).

Band-Tailed Pigeons

    Season Dates: Open September 18, through October 31, 2010.
    Daily Bag Limit: Two band-tailed pigeons.

Ducks and Coots

    Season Dates: Open September 25, 2010, through January 30, 2011.
    Daily Bag Limit: Seven ducks including no more than five mallards 
(only two of which can be a hen), one redhead, one pintail, three 
scaup, and one canvasback. The seasons on wood duck and harlequin are 
closed.

Geese

    Season Dates: Open September 25, 2010, through January 30, 2011.
    Daily Bag Limit: Four including no more than one brant. The seasons 
on Aleutian and dusky Canada geese are closed.

General

    All other Federal regulations contained in 50 CFR part 20 apply. 
The following restrictions also apply:
    (1) As per Makah Ordinance 44, only shotguns may be used to hunt 
any species of waterfowl. Additionally, shotguns must not be discharged 
within 0.25 miles of an occupied area.
    (2) Hunters must be eligible, enrolled Makah Tribal members and 
must carry their Indian Treaty Fishing and Hunting Identification Card 
while hunting. No tags or permits are required to hunt waterfowl;.
    (3) The Cape Flattery area is open to waterfowl hunting, except in 
designated wilderness areas, or within 1 mile of Cape Flattery Trail, 
or in any area that is closed to hunting by another ordinance or 
regulation.
    (4) The use of live decoys and/or baiting to pursue any species of 
waterfowl is prohibited.
    (5) Steel or bismuth shot only for waterfowl is allowed; the use of 
lead shot is prohibited.
    (6) The use of dogs is permitted to hunt waterfowl.
    (7) Shooting hours for all species of waterfowl are one-half hour 
before sunrise to one-half hour after sunset.
    (8) Open hunting areas are: GMUs 601 (Hoko), a portion of the 602 
(Dickey) encompassing the area north of a line between Norwegian 
Memorial and east to Highway 101, and 603 (Pysht).
    (o) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona 
(Tribal Members and Nontribal Hunters).

Band-Tailed Pigeons

    Season Dates: Open September 1, through September 30, 2010.
    Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.

Mourning Doves

    Season Dates: Open September 1, through September 30, 2010.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
    General Conditions: Tribal and nontribal hunters will comply with 
all basic Federal migratory bird hunting regulations in 50 CFR part 20, 
regarding shooting hours and manner of taking. In addition, each 
waterfowl hunter 16 years of age or over must carry on his/her person a 
valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed 
in ink across the face. Special regulations established by the Navajo 
Nation also apply on the reservation.
    (p) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal 
Members Only).

Ducks (Including Mergansers)

    Season Dates: Open September 18, through November 19, 2010, and 
open November 29, through December 5, 2010.
    Daily Bag and Possession Limits: Six, including no more than six 
mallards (three hen mallards), six wood ducks, one redhead, two 
pintail, and one hooded merganser. The possession limit is twice the 
daily bag limit.

Geese

    Season Dates: Open September 1, through November 19, 2010; and open 
November 29, through December 26, 2010.
    Daily Bag and Possession Limits: 5 and 10 Canada geese, 
respectively, from September 1, through September 19, 2010; and 3 and 6 
Canada geese, respectively, the remainder of the season. Hunters will 
be issued five Tribal tags during the early season and three Tribal 
tags during the late season for geese in order to monitor goose 
harvest. An additional three tags will be issued each time birds are 
registered. A seasonal quota of 300 birds is adopted. If the quota is 
reached before the season concludes, the season will be closed at that 
time.

Woodcock

    Season Dates: Open September 4, through November 7, 2010.
    Daily Bag and Possession Limits: 5 and 10 woodcock, respectively.

Dove

    Season Dates: Open September 1, through November 7, 2010.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
    General Conditions: Tribal member shooting hours are one-half hour 
before sunrise to one-half hour after sunset. Nontribal members hunting 
on the Reservation or on lands under the jurisdiction of the Tribe must 
comply with all State of Wisconsin regulations, including season dates, 
shooting hours, and bag limits which differ from Tribal member seasons. 
Tribal members and nontribal members hunting on the Reservation or on 
lands under the jurisdiction of the Tribe will observe all basic 
Federal migratory bird hunting regulations found in 50 CFR part 20, 
with the following exceptions: Tribal members are exempt from the 
purchase of the Migratory Waterfowl Hunting and Conservation Stamp 
(Duck Stamp); and shotgun capacity is not limited to three shells.
    (q) Point No Point Treaty Council, Kingston, Washington (Tribal 
Members Only).

[[Page 53782]]

Jamestown S'Klallam Tribe

Ducks

    Season Dates: Open September 15, 2010, through February 1, 2011.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, one canvasback, four scoters, and 
two redheads. Possession limit is twice the daily bag limit. Bag and 
possession limits for harlequin ducks is one per season.

Geese

    Season Dates: Open September 15, 2010, through March 10, 2011.
    Daily Bag and Possession Limits: Four geese, and may include no 
more than three light geese. The seasons on Aleutian and cackling 
Canada geese are closed. Possession limit is twice the daily bag limit.

Brant

    Season Dates: Open January 15 through 31, 2011.
    Daily Bag and Possession Limits: Two and four, respectively.

Coots

    Season Dates: Open September 15, 2010, through February 1, 2011.
    Daily Bag and Possession Limits: 25 and 50 coots, respectively.

Mourning Doves

    Season Dates: Open September 15, 2010, through January 14, 2011.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Snipe

    Season Dates: Open September 15, 2010, through March 10, 2011.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

Band-Tailed Pigeon

    Season Dates: Open September 15, 2010, through March 10, 2011.
    Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.

Port Gamble S'Klallam Tribe

Ducks

    Season Dates: Open September 1, 2010, through February 1, 2011.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, one canvasback, four scoters, and 
two redheads. Possession limit is twice the daily bag limit. Bag and 
possession limits for harlequin ducks is one per season.

Geese

    Season Dates: Open September 15, 2010, through March 10, 2011.
    Daily Bag and Possession Limits: Four geese, and may include no 
more than three light geese. The seasons on Aleutian and cackling 
Canada geese are closed. Possession limit is twice the daily bag limit.

Brant

    Season Dates: Open November 13, 2010, through January 31, 2011.
    Daily Bag and Possession Limits: 2 and 4, respectively.

Coots

    Season Dates: Open September 1, 2010, through February 1, 2011.
    Daily Bag and Possession Limits: 25 and 50 coots, respectively.

Mourning Doves

    Season Dates: Open September 1, 2010, through January 31, 2011.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Snipe

    Season Dates: Open September 1, 2010, through March 10, 2011.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

Band-Tailed Pigeon

    Season Dates: Open September 1, 2010, through March 10, 2011.
    Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
    General: Tribal members must possess a Tribal hunting permit from 
the Point No Point Tribal Council pursuant to Tribal law. Hunting hours 
are from one-half hour before sunrise to sunset. Hunters must observe 
all other basic Federal migratory bird hunting regulations in 50 CFR 
part 20.
    (r) Sault Ste. Marie Tribe of Chippewa Indians, Sault Ste. Marie, 
Michigan (Tribal Members Only).

Mourning Doves

    Season Dates: Open September 1, through November 14, 2010.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
    General: Tribal members must possess a Tribal hunting permit from 
the Sault Ste. Marie Tribe pursuant to Tribal law. Shooting hours are 
one-half hour before sunrise until 15 minutes after sunset. Hunters 
must observe all other basic Federal migratory bird hunting regulations 
in 50 CFR part 20.
    (t) Skokomish Tribe, Shelton, Washington (Tribal Members Only).

Ducks and Mergansers

    Season Dates: Open September 16, 2010, through February 28, 2011.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, one canvasback, one harlequin per 
season, and two redheads. Possession limit is twice the daily bag limit 
(except for harlequin).

Geese

    Season Dates: Open September 16, 2010, through February 28, 2011.
    Daily Bag and Possession Limits: Four geese, and may include no 
more than three light geese. The season on Aleutian Canada geese is 
closed. Possession limit is twice the daily bag limit.

Brant

    Season Dates: Open November 1, 2010, through February 15, 2011.
    Daily Bag and Possession Limits: Two and four brant, respectively.

Coots

    Season Dates: Open September 16, 2010, through February 28, 2011.
    Daily Bag and Possession Limits: 25 and 50 coots, respectively.

Mourning Doves

    Season Dates: Open September 16, 2010, through February 28, 2011.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Snipe

    Season Dates: Open September 16, 2010, through February 28, 2011.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

Band-Tailed Pigeon

    Season Dates: Open September 16, 2010, through February 28, 2011.
    Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
    General Conditions: All hunters authorized to hunt migratory birds 
on the reservation must obtain a Tribal hunting permit from the 
respective Tribe. Hunters are also required to adhere to a number of 
special regulations available at the Tribal office. Hunters must 
observe all other basic Federal migratory bird hunting regulations in 
50 CFR part 20.
    (u) Spokane Tribe of Indians, Spokane Indian Reservation, 
Wellpinit, Washington (Tribal Members Only).

Ducks

    Season Dates: Open September 2, 2010, through January 31, 2011.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, two pintail, one canvasback, three scaup, and 
two redheads. Possession limit is twice the daily bag limit.

[[Page 53783]]

Geese

    Season Dates: Open September 2, 2010, through January 31, 2011.
    Daily Bag and Possession Limits: Four dark geese and six light 
geese. Possession limit is twice the daily bag limit.
    General Conditions: All Tribal hunters must have a valid Tribal ID 
card on his or her person while hunting. Shooting hours are one-half 
hour before sunrise to sunset, and steel shot is required for all 
migratory bird hunting. Hunters must observe all other basic Federal 
migratory bird hunting regulations in 50 CFR part 20.
    (w) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal 
Members Only).

Band-Tailed Pigeon

    Season Dates: Open September 1, through December 31, 2010.
    Daily Bag and Possession Limits: Four and eight, respectively.

Mourning Dove

    Season Dates: Open September 1, through December 31, 2010.
    Daily Bag and Possession Limits: 10 and 20, respectively.
    Tribal members hunting on lands will observe all basic Federal 
migratory bird hunting regulations found in 50 CFR part 20, which will 
be enforced by the Stillaguamish Tribal Law Enforcement. Tribal members 
are required to use steel shot or a nontoxic shot as required by 
Federal regulations.
    (y) Tulalip Tribes, Tulalip, Washington (Tribal Members Only).

Ducks

    Season Dates: Open September 8, 2010, through February 28, 2011.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, two pintail, one canvasback, three scaup, and 
two redheads. Possession limit is twice the daily bag limit.

Geese

    Season Dates: Open September 8, 2010, through February 28, 2011.
    Daily Bag and Possession Limits: Seven geese. Possession limit is 
twice the daily bag limit.

Brant

    Season Dates: Open September 8, 2010, through February 28, 2011.
    Daily Bag and Possession Limits: Two and four brant, respectively.

Coots

    Season Dates: Open September 8, 2010, through February 28, 2011.
    Daily Bag and Possession Limits: 25 and 50 coots, respectively.

Snipe

    Season Dates: Open September 8, 2010, and through February 28, 
2011.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
    General Conditions: All Tribal hunters must have a valid Tribal ID 
card on his or her person while hunting. Shooting hours are one-half 
hour before sunrise to sunset, and steel shot is required for all 
migratory bird hunting. Hunters must observe all other basic Federal 
migratory bird hunting regulations in 50 CFR part 20.
    (z) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal 
Members Only).

Mourning Dove

    Season Dates: Open September 1, through December 31, 2010.
    Daily Bag and Possession Limits: 12 and 15 mourning doves, 
respectively.
    Tribal members must have the Tribal identification and harvest 
report card on their person to hunt. Tribal members hunting on the 
Reservation will observe all basic Federal migratory bird hunting 
regulations found in 50 CFR part 20, except shooting hours would be 
one-half hour before official sunrise to one-half hour after official 
sunset.
    (aa) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal 
Members Only).

Canada Geese

    Season Dates: Open September 13 through 30, 2010, and open October 
30, 2010, through February 26, 2011.
    Daily Bag Limits: Eight Canada geese during the first period and 
three during the second.

Snow Geese

    Season Dates: Open September 8 through 22, 2010.
    Daily Bag Limits: 15 snow geese.
    General Conditions: Shooting hours are one-half hour before sunrise 
to sunset. Nontoxic shot is required. All other basic Federal migratory 
bird hunting regulations contained in 50 CFR part 20 will be observed.
    (bb) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal 
Members Only).

Ducks

    Season Dates: Open September 18, through December 12, 2010.
    Daily Bag Limit for Ducks: 10 ducks, including no more than 2 
female mallards, 1 pintail, and 1 canvasback.

Mergansers

    Season Dates: Open September 18, through December 19, 2010.
    Daily Bag Limit for Mergansers: Five mergansers, including no more 
than two hooded mergansers.

Geese

    Season Dates: Open September 1 through 26, 2010, and open September 
27, through December 19, 2010.
    Daily Bag Limit: Eight geese through September 26 and five 
thereafter.

Coots

    Season Dates: Open September 1, through November 30, 2010.
    Daily Bag Limit: 20 coots.

Sora and Virginia Rails

    Season Dates: Open September 1, through November 30, 2010.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate.

Common Snipe and Woodcock

    Season Dates: Open September 1, through November 30, 2010.
    Daily Bag Limit: 10 snipe and 10 woodcock.

Mourning Dove

    Season Dates: Open September 1, through November 30, 2010.
    Daily Bag Limit: 25 doves.
    General Conditions: Shooting hours are one-half hour before sunrise 
to one-half hour after sunset. Nontoxic shot is required. All other 
basic Federal migratory bird hunting regulations contained in 50 CFR 
part 20 will be observed.
    (cc) White Mountain Apache Tribe, Fort Apache Indian Reservation, 
Whiteriver, Arizona (Tribal Members and Nontribal Hunters).

Band-Tailed Pigeons (Wildlife Management Unit 10 and Areas South of Y-
70 and Y-10 in Wildlife Management Unit 7, Only)

    Season Dates: Open September 1 through 15, 2010.
    Daily Bag and Possession Limits: Three and six pigeons, 
respectively.

Mourning Doves (Wildlife Management Unit 10 and Areas South of Y-70 and 
Y-10 in Wildlife Management Unit 7, Only)

    Season Dates: Open September 1 through 15, 2010.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
    General Conditions: All nontribal hunters hunting band-tailed 
pigeons and mourning doves on Reservation lands shall have in their 
possession a valid White Mountain Apache Daily or Yearly Small Game 
Permit. In addition to a small game permit, all nontribal hunters 
hunting band-tailed pigeons

[[Page 53784]]

must have in their possession a White Mountain Special Band-Tailed 
Pigeon Permit. Other special regulations established by the White 
Mountain Apache Tribe apply on the reservation. Tribal and nontribal 
hunters will comply with all basic Federal migratory bird hunting 
regulations in 50 CFR Part 20 regarding shooting hours and manner of 
taking.

    Dated: August 25, 2010.
Will Shafroth,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2010-21664 Filed 8-31-10; 8:45 am]
BILLING CODE 4310-55-P