[Federal Register: October 2, 2006 (Volume 71, Number 190)] [Rules and Regulations] [Page 58233-58241] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr02oc06-14] [[Page 58233]] ----------------------------------------------------------------------- Part IV Department of the Interior ----------------------------------------------------------------------- Fish and Wildlife Service ----------------------------------------------------------------------- 50 CFR Part 20 Migratory Bird Hunting; Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2006-07 Late Season; Final Rule [[Page 58234]] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 20 RIN 1018-AU42 Migratory Bird Hunting; Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2006-07 Late Season AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule prescribes special late-season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This rule responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of their authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest at levels compatible with populations and habitat conditions. DATES: This rule takes effect on September 23, 2006. ADDRESSES: You may inspect comments on the special hunting regulations and tribal proposals during normal business hours in room 4107, Arlington Square Building, 4501 N. Fairfax Drive, Arlington, Virginia. FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, (703/358-1967). SUPPLEMENTARY INFORMATION: The Migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), authorizes and directs the Secretary of the Interior, having due regard for the zones of temperature and for the distribution, abundance, economic value, breeding habits, and times and lines of flight of migratory game birds, to determine when, to what extent, and by what means such birds or any part, nest or egg thereof may be taken, hunted, captured, killed, possessed, sold, purchased, shipped, carried, exported or transported. In a proposed rule published in the August 17, 2006, Federal Register (71 FR 47461), we proposed special migratory bird hunting regulations for the 2006-07 hunting season for certain Indian tribes, under the guidelines described in the June 4, 1985, Federal Register (50 FR 23467). The guidelines respond to tribal requests for Service recognition of their reserved hunting rights, and for some tribes, recognition of their authority to regulate hunting by both tribal members and nonmembers on their reservations. The guidelines include possibilities for: (1) On-reservation hunting by both tribal members and nonmembers, with hunting by nontribal members on some reservations to take place within Federal frameworks but on dates different from those selected by the surrounding State(s); (2) On-reservation hunting by tribal members only, outside of usual Federal frameworks for season dates and length, and for daily bag and possession limits; and (3) Off-reservation hunting by tribal members on ceded lands, outside of usual framework dates and season length, with some added flexibility in daily bag and possession limits. In all cases, the regulations established under the guidelines must be consistent with the March 10-September 1 closed season mandated by the 1916 Migratory Bird Treaty with Canada. In a proposed rule published in the April 11, 2006, Federal Register (71 FR 18562), we requested that tribes desiring special hunting regulations in the 2006-07 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 the level of harvest, where it could be shown that failure to limit the harvest would adversely impact the migratory bird resource; and (d) tribal capabilities to establish and enforce migratory bird hunting regulations. No action is required if a tribe wishes to observe the hunting regulations established by the State(s) in which an Indian reservation is located. We have successfully used the guidelines since the 1985-86 hunting season. We finalized the guidelines beginning with the 1988-89 hunting season (August 18, 1988, Federal Register [53 FR 31612]). Although the August 17 proposed rule included generalized regulations for both early- and late-season hunting, this rulemaking addresses only the late-season proposals. Early-season proposals were addressed in a final rule published in the September 20, 2006, Federal Register (71 FR 55076). As a general rule, early seasons begin during September each year and have a primary emphasis on such species as mourning and white-winged dove. Late seasons begin about September 24 or later each year and have a primary emphasis on waterfowl. Status of Populations In the August 17 proposed rule and September 20 final rule, we reviewed the status for various populations for which seasons were proposed. This information included brief summaries of the May Breeding Waterfowl and Habitat Survey, population status reports for blue-winged teal, sandhill cranes, woodcock, mourning doves, white-winged doves, white-tipped doves, and band-tailed pigeons, and the status and harvest of waterfowl. The tribal seasons established below are commensurate with the population status. Comments and Issues Concerning Tribal Proposals For the 2006-07 migratory bird hunting season, we proposed regulations for 28 tribes and/or Indian groups that followed the 1985 guidelines and were considered appropriate for final rulemaking. Some of the proposals submitted by the tribes had both early- and late- season elements. However, as noted earlier, only those with late-season proposals are included in this final rulemaking; 17 tribes have proposals with late seasons. Proposals are addressed in the following section. The comment period for the proposed rule, published on August 17, 2006, closed on August 28, 2006. We received 24 comments regarding the notice of intent published on April 11, 2006, which announced rulemaking on regulations for migratory bird hunting by American Indian tribal members, and the August 17 proposed rule. All of these comments, except for the comment discussed below, were addressed in the September 20 final rule. The Klamath Tribes offered several comments on the August 17 proposed rule. They stated that steel shot was not required by Klamath tribal members and that the information concerning the percentage of locally produced Canada geese in their harvest was no longer valid. Service Response: For the record, Klamath Tribal proposals from 2003 through 2006 requested regulations ``the same as last year,'' resulting in the proposal we published in August. Beginning in 1991, nontoxic shot was required by all migratory bird hunters for hunting waterfowl and coots in the contiguous United States, Alaska, Hawaii, Puerto Rico, the Virgin Islands, and the territorial waters of the United States because of the toxic effects of lead on birds when ingested. These [[Page 58235]] restrictions are contained in 50 CFR 20.21(j). These regulations apply to all waterfowl hunters. There are currently no exceptions for any State or Tribe. We can foresee no circumstances where such an exception would be contemplated or approved. We further note that a preliminary review of Klamath Tribal proposals from 2000 through 2002 all specifically required the use of steel shot by tribal hunters. Thus, we cannot approve the Klamath's requested exception for the use of nontoxic shot for waterfowl and coot hunting. Regarding the information concerning the percentage of locally- produced Canada geese in the harvest, we defer to the Klamath Tribes for the latest information and data on this issue. We further note that this item was included in the August 17 proposed rule for largely informational purposes, rather than as a basis for any decision affecting tribal regulations. NEPA Consideration NEPA considerations are covered by the programmatic document ``Final Supplemental Environmental Impact Statement: Issuance of Annual Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88- 14),'' filed with the Environmental Protection Agency on June 9, 1988. We published Notice of Availability in the Federal Register on June 16, 1988 (53 FR 22582). We published our Record of Decision on August 18, 1988 (53 FR 31341). Annual NEPA considerations are covered under a separate Environmental Assessment (EA), ``Duck Hunting Regulations for 2006-07,'' and an August 24, 2006, Finding of No Significant Impact (FONSI). In addition, an August 1985 environmental assessment entitled ``Guidelines for Migratory Bird Hunting Regulations on Federal Indian Reservations and Ceded Lands'' was prepared. Copies of the EAs and FONSI are available upon request from the address indicated under ADDRESSES. In a notice published in the September 8, 2005, Federal Register (70 FR 53376), we announced our intent to develop a new Supplemental Environmental Impact Statement for the migratory bird hunting program. Public scoping meetings were held in the spring of 2006, and were detailed in a March 9, 2006, Federal Register notice (71 FR 12216). Endangered Species Act Considerations Section 7 of the Endangered Species Act, as amended (16 U.S.C. 1531-1543; 87 Stat. 884), provides that, ``The Secretary shall review other programs administered by him and utilize such programs in furtherance of the purposes of this Act'' (and) shall ``insure that any action authorized, funded or carried out * * * is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of [critical] habitat * * *.'' Consequently, we conducted consultations to ensure that actions resulting from these regulations would not likely jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitat. Findings from these consultations are included in a biological opinion and may have caused modification of some regulatory measures previously proposed. The final frameworks reflect any modifications. Our biological opinions resulting from this Section 7 consultation are public documents available for public inspection in the Service's Division of Endangered Species and MBM, at the address indicated under ADDRESSES. Executive Order 12866 The migratory bird hunting regulations are economically significant and were reviewed by the Office of Management and Budget (OMB) under Executive Order 12866. As such, a cost-benefit analysis was initially prepared in 1981. This analysis was subsequently revised annually from 1990 through 1996, updated in 1998, and updated again in 2004. It is further discussed below under the heading Regulatory Flexibility Act. Results from the 2004 analysis indicate that the expected economic benefit of the annual migratory bird hunting frameworks is on the order of $734 million to $1.064 billion, with a mid-point estimate of $899 million. Copies of the cost-benefit analysis are available upon request from the address indicated under ADDRESSES or from our Web site at http://www.migratorybirds.gov. Regulatory Flexibility Act These regulations have a significant economic impact on substantial numbers of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). We analyzed the economic impacts of the annual hunting regulations on small business entities in detail as part of the 1981 cost-benefit analysis discussed under Executive Order 12866. This analysis was revised annually from 1990 through 1995. In 1995, the Service issued a Small Entity Flexibility Analysis (Analysis), which was subsequently updated in 1996, 1998, and 2004. The primary source of information about hunter expenditures for migratory game bird hunting is the National Hunting and Fishing Survey, which is conducted at 5- year intervals. The 2004 Analysis was based on the 2001 National Hunting and Fishing Survey and the U.S. Department of Commerce's County Business Patterns, from which it was estimated that migratory bird hunters would spend between $481 million and $1.2 billion at small businesses in 2004. Copies of the Analysis are available upon request from the address indicated under ADDRESSES or from our Web site at http://www.migratorybirds.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 given 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 required by 5 U.S.C. 801 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. 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 the Migratory Bird Harvest Surveys and assigned clearance number 1018-0015 (expires 2/29/2008). This information is used to provide a sampling frame for voluntary national surveys to improve our harvest estimates for all migratory game birds in order to better manage these populations. OMB has also approved the information collection requirements of the Sandhill Crane Harvest Questionnaire and assigned clearance number 1018-0023 (expires 11/30/2007). The information from this survey is used to estimate the magnitude and the geographical and temporal distribution of the harvest, and the portion it constitutes of the total population. 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 [[Page 58236]] 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 it 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, this rule allows hunters to exercise otherwise unavailable privileges and, therefore, reduces restrictions on the use of private and public property. Energy Effects--Executive Order 13211 On May 18, 2001, the President issued Executive Order 13211 on regulations that significantly affect energy supply, distribution, and use. Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. While this rule is a significant regulatory action under Executive Order 12866, it is not expected to adversely affect energy supplies, distribution, or use. Therefore, this action is not a significant energy action and no Statement of Energy Effects is required. Federalism Effects Due to the migratory nature of certain species of birds, the Federal Government has been given responsibility over these species by the Migratory Bird Treaty Act. We annually prescribe frameworks from which the States make selections regarding the hunting of migratory birds, and we employ guidelines to establish special regulations on Federal Indian reservations and ceded lands. This process preserves the ability of the States and tribes to determine which seasons meet their individual needs. Any State or tribe may be more restrictive than the Federal frameworks. The frameworks are developed in a cooperative process with the States and the Flyway Councils. This process allows States to participate in the development of frameworks from which they will make selections, thereby having an influence on their own regulations. These rules do not have a substantial direct effect on fiscal capacity, change the roles or responsibilities of Federal or State governments, or intrude on State policy or administration. Therefore, in accordance with Executive Order 13132, these regulations do not have significant federalism effects and do not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Government-to-Government Relationship With Tribes Due to the migratory nature of certain species of birds, the Federal Government has been given responsibility over these species by the Migratory Bird Treaty Act. Thus, in accordance with the President's memorandum of April 29, 1994, ``Government-to-Government Relations with Native American Tribal Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we have evaluated possible effects on federally recognized Indian tribes and have determined that there are no effects on Indian trust resources. However, by virtue of the tribal proposals considered in this rulemaking, we have consulted with all the tribes affected by this rule. List of Subjects in 50 CFR Part 20 Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife. 0 Accordingly, part 20, subchapter B, chapter I of Title 50 of the Code of Federal Regulations is amended as follows: PART 20--[AMENDED] 0 1. The authority citation for part 20 continues to read as follows: Authority: 16 U.S.C. 703-712 and 16 U.S.C. 742 a-j, Public Law 106-108. Note: The following hunting regulations provided for by 50 CFR 20.110 will not appear in the Code of Federal Regulations because of their seasonal nature. 0 2. Section 20.110 is amended by revising paragraphs (a), (b), (c), (g), (k), (m), (o), (q), (r), (s), and (u) and by adding paragraphs (v) through (aa) to read as set forth below. (Current Sec. 20.110 was published at 71 FR 55076, September 20, 2006.) 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, 2006; then open November 11, through December 25, 2006. Daily Bag and Possession Limits: For the early season, daily bag limit is 10 mourning or white-winged doves in the aggregate. For the late season, the daily bag limit is 10 mourning doves. Possession limits are twice the daily bag limits. Ducks (Including Mergansers) Season Dates: Open October 14, 2006, through January 28, 2007. Daily Bag and Possession Limits: Seven ducks, including two hen mallards, two redheads, two Mexican ducks, two goldeneye, two cinnamon teal, and three scaup. The seasons on canvasback and pintail are closed. The possession limit is twice the daily bag limit. Coots and Common Moorhens Season Dates: Same as ducks. Daily Bag and Possession Limits: 25 coots and common moorhens, singly or in the aggregate. Geese Season Dates: Open October 21, 2006, through January 28, 2007. Daily Bag and Possession Limits: Three geese, including no more than three dark (Canada) geese and three white (snow, blue, Ross's) geese. The possession limit is six dark geese and six white geese. General Conditions: A valid Colorado River Indian Reservation hunting permit is required for all persons 14 years and older and must be in possession before taking any wildlife on tribal lands. Any person transporting game birds off the Colorado River Indian Reservation must have a valid transport declaration form. Other tribal regulations apply, and may be obtained at the Fish and Game Office in Parker, Arizona. (b) Confederated Salish and Kootenai Tribes, Flathead Indian Reservation, Pablo, Montana (Tribal Members and Nontribal Hunters) Tribal Members Only Ducks (Including Mergansers) Season Dates: Open September 1, 2006, through March 9, 2007. [[Page 58237]] Daily Bag and Possession Limits: The Tribe does not have specific bag and possession restrictions for Tribal members. The season on harlequin duck is closed. Coots Season Dates: Same as ducks. Daily Bag and Possession Limits: Same as ducks. Geese Season Dates: Same as ducks. Daily Bag and Possession Limits: Same as ducks. Nontribal Hunters Ducks (Including Mergansers) Season Dates: Open September 30, 2006, through January 12, 2007. Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, one pintail, one canvasback, three scaup, and two redheads. The possession limit is twice the daily bag limit. Coots Season Dates: Same as ducks. Daily Bag and Possession Limits: The daily bag and possession limit is 25. Geese Dark Geese Season Dates: Open September 30, 2006, through January 12, 2007. Daily Bag and Possession Limits: Four and eight geese, respectively. Light Geese Season Dates: Open September 30, 2006, through January 12, 2007. Daily Bag and Possession Limits: Three and six geese, respectively. Youth Waterfowl Hunt Season Dates: September 23-24, 2006. Daily Bag and Possession Limits: Same as ducks. General Conditions: Tribal members and Nontribal hunters must comply with all basic Federal migratory bird hunting regulations contained in 50 CFR part 20 regarding manner of taking. In addition, shooting hours are sunrise to sunset, and each waterfowl hunter 16 years of age or older must carry on his/her person a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed in ink across the stamp face. Special regulations established by the Confederated Salish and Kootenai Tribes also apply on the reservation. (c) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort Thompson, South Dakota (Tribal Members and Nontribal Hunters) Sandhill Cranes Season Dates: Open September 10, through October 16, 2006. Daily Bag Limit: Three sandhill cranes. Permits: Each person participating in the sandhill crane season must have a valid Federal sandhill crane hunting permit in his or her possession while hunting. Doves Season Dates: Open September 1, through October 30, 2006. Daily Bag Limit: 15 mourning doves. Permits: Each person participating in the sandhill crane season must have a valid Federal sandhill crane hunting permit in his or her possession while hunting. Ducks Canvasback: Open October 1, through November 8, 2006. Other ducks: Open October 1, through December 12, 2006. Daily Bag and Possession Limits: Six ducks, including no more than five mallards (including no more than two female mallards), two redheads, one pintail, one canvasback (when open), three scaup, and two wood ducks. The possession limit is twice the daily bag limit. Mergansers Season Dates: Same as ducks. Daily Bag and Possession Limits: Five mergansers, including no more than one hooded merganser. The possession limit is twice the daily bag limit. Canada Geese Season Dates: Open October 15, 2006, through January 17, 2007. Daily Bag and Possession Limits: Three and six, respectively. White-Fronted Geese Season Dates: Open September 24, through December 18, 2006. Daily Bag and Possession Limits: Two and four, respectively. Light Geese Season Dates: Open September 24, through December 29, 2006. Daily Bag and Possession Limits: 20 geese daily, no possession limit. General Conditions: The waterfowl hunting regulations established by this final rule apply only to tribal and trust lands within the external boundaries of the reservation. Tribal and nontribal hunters must comply with basic Federal migratory bird hunting regulations in 50 CFR part 20 regarding shooting hours and manner of taking. In addition, each waterfowl hunter 16 years of age or over must carry on his/her person a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed in ink across the stamp face. Special regulations established by the Crow Creek Sioux Tribe also apply on the reservation. * * * * * (g) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal Members and Nontribal Hunters) Nontribal Hunters on Reservation Ducks Season Dates: Open September 23, 2006, through January 31, 2007. During this period, days to be hunted are specified by the Kalispel Tribe as weekends, holidays, and for a continuous period in the months of October and November, not to exceed 107 days total. Nontribal hunters should contact the Tribe for more detail on hunting days. Daily Bag and Possession Limits: seven ducks, including no more than two female mallards, one pintail, three scaup, one canvasback, and two redheads. The possession limit is twice the daily bag limit. Geese Season Dates: Open September 1, through September 17, 2006, for the early-season, and open October 1, 2006, through January 31, 2007, for the late-season. During this period, days to be hunted are specified by the Kalispel Tribe. Nontribal hunters should contact the Tribe for more detail on hunting days. Daily Bag and Possession Limits: 5 and 10, respectively, for the early season, and 3 light geese and 4 dark geese, for the late season. The daily bag limit is 2 brant and is in addition to dark goose limits 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, 2006, through January 31, 2007. Daily Bag and Possession Limits: 7 ducks, including no more than 2 female mallards, 4 scaup, and 2 redheads. The seasons on canvasbacks and pintail are closed. The possession limit is twice the daily bag limit. [[Page 58238]] Geese Season Dates: Open September 1, 2006, through January 31, 2007. Daily Bag Limit: 3 light geese and 4 dark geese. The daily bag limit is 2 brant and is in addition to dark goose limits. General: Tribal members must possess a validated Migratory Bird Hunting and Conservation Stamp and a tribal ceded lands permit. Hunters must observe all State and Federal regulations, such as those contained in 50 CFR part 20. * * * * * (k) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule, South Dakota (Tribal Members and Nontribal Hunters) Tribal Members Ducks (Including Mergansers and Coots) Season Dates: Open September 30, 2006, through March 10, 2007. Daily Bag and Possession Limits: Six ducks, including no more than five mallards (only one of which may be a hen), three 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 one hooded merganser. The possession limit is twice the daily bag limit. Canada Geese Season Dates: Open October 14, 2006, through March 10, 2007. Daily Bag and Possession Limits: Three and six, respectively. White-fronted Geese Season Dates: Open October 7, 2006, through March 10, 2007. Daily Bag and Possession Limits: Two and four, respectively. Light Geese Season Dates: Open October 14, 2006, through March 10, 2007. Daily Bag and Possession Limits: 20 and 40, respectively. Youth Waterfowl Hunt Season Dates: Open September 23, through September 24, 2006. Daily Bag and Possession Limits: Same as above. Nontribal Hunters Ducks (Including Mergansers and Coots) Season Dates: Open October 14, 2006, through January 14, 2007. Daily Bag and Possession Limits: Five ducks, including no more than five mallards (only one of which may be a hen), two scaup, one mottled duck, one canvasback, two redheads, two wood ducks, and one pintail. Coot daily bag limit is 15. Merganser daily bag limit is five, including no more than one hooded merganser. The possession limit is twice the daily bag limit. Canada Geese Season Dates: Open October 28, 2006, through February 9, 2007. Daily Bag and Possession Limits: Three and six, respectively. White-Fronted Geese Season Dates: Open October 7, 2006, through December 29, 2006. Daily Bag and Possession Limits: One and two, respectively. Light Geese Season Dates: Open October 14, 2006, through January 14, 2007, and open February 25, through March 10, 2007. Daily Bag and Possession Limits: 20 and 40, respectively. Youth Waterfowl Hunt Season Dates: Open September 23, through September 24, 2006. Daily Bag and Possession Limits: Same as above. General Conditions: All hunters must comply with the basic Federal migratory bird hunting regulations in 50 CFR part 20, including the use of steel shot. Nontribal hunters must possess a validated Migratory Bird Hunting and Conservation Stamp. The Lower Brule Sioux Tribe has an official Conservation Code that hunters must adhere to when hunting in areas subject to control by the Tribe. * * * * * (m) Navajo Indian Reservation, Window Rock, Arizona (Tribal Members and Nontribal Hunters) Band-Tailed Pigeons Season Dates: Open September 1, through September 30, 2006. Daily Bag and Possession Limits: 5 and 10 pigeons, respectively. Mourning Doves Season Dates: Open September 1, through September 30, 2006. Daily Bag and Possession Limits: 10 and 20 doves, respectively. Ducks (Including Mergansers) Season Dates: Open September 23, 2006, through January 7, 2007. Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, one pintail, one canvasback, three scaup, and two redheads. The possession limit is twice the daily bag limit. Coots and Common Moorhens Season Dates: Same as ducks. Daily Bag and Possession Limits: 25 coots and moorhens, singly or in the aggregate. The possession limit is twice the daily bag limit. Canada Geese Season Dates: Open September 23, 2006, through January 7, 2007. Daily Bag and Possession Limits: Four and eight geese, respectively. General Conditions: Tribal and nontribal hunters will comply with all basic Federal migratory bird hunting regulations in 50 CFR part 20, regarding shooting hours and manner of taking. In addition, each waterfowl hunter 16 years of age or over must carry on his/her person a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed in ink across the stamp face. Special regulations established by the Navajo Nation also apply on the reservation. * * * * * (o) Skokomish Tribe, Shelton, Washington (Tribal Members Only) Ducks and Mergansers Season Dates: Open September 16, through December 31, 2006. Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, one pintail, one canvasback, one harlequin, and two redheads. Possession limit is twice the daily bag limit. Geese Season Dates: Open September 16, through December 31, 2006. 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, 2006, through February 15, 2007. Daily Bag and Possession Limits: Two brant. Possession limit is twice the daily bag limit. Coots Season Dates: Open September 16, through December 31, 2006. Daily Bag and Possession Limits: 25 and 50 coots, respectively. Mourning Doves Season Dates: Open September 16, through December 31, 2006. Daily Bag and Possession Limits: 10 and 20 doves, respectively. Snipe Season Dates: Open September 16, through December 31, 2006. [[Page 58239]] Daily Bag and Possession Limits: 8 and 16 snipe, respectively. Band-Tailed Pigeon Season Dates: Open September 16, through December 31, 2006. 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. * * * * * (q) Tulalip Tribes of Washington, Tulalip Indian Reservation, Marysville, Washington (Tribal Members and Nontribal Hunters) Tribal Members Ducks (Including Coots and Mergansers) Season Dates: Open September 15, 2006, through February 28, 2007. Daily Bag and Possession Limits: 7 and 14 ducks, respectively, except that bag and possession limits may include no more than 2 female mallards, 1 pintail, 1 canvasback, 3 scaup, and 2 redheads. Geese Season Dates: Open September 15, 2006, through February 28, 2007. Daily Bag and Possession Limits: 7 and 14 geese, respectively; except that the bag limits may not include more than 2 brant and 2 cackling Canada goose. For those tribal members who engage in subsistence hunting, the Tribes set a maximum annual bag limit of 365 ducks and 365 geese. Snipe Season Dates: Open September 15, 2006, through February 28, 2007. Daily Bag and Possession Limits: 8 and 16, respectively. Nontribal Hunters Ducks Season Dates: Open October 14, 2006, through January 28, 2007. Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, one pintail, three scaup, one canvasback, and two redheads. The possession limit is twice the daily bag limit. Coots Season Dates: Same as ducks. Daily Bag and Possession Limits: 25 and 50, respectively Geese Season Dates: Open October 14, 2006, through January 28, 2007. Daily Bag and Possession Limits: Four dark geese, including no more than two cackling Canada geese, and four light geese. The possession limit is twice the daily bag limit. Brant Season Dates: Open January 13, through January 28, 2007. Daily Bag and Possession Limits: Two and four brant, respectively. Snipe Season Dates: Open November 18, 2006, through February 25, 2007. Daily Bag and Possession Limits: 8 and 16, respectively. General Conditions: All hunters on Tulalip Tribal lands are required to adhere to shooting hour regulations set at one-half hour before sunrise to sunset, special tribal permit requirements, and a number of other tribal regulations enforced by the Tribe. Nontribal hunters 16 years of age and older, hunting pursuant to Tulalip Tribes' Ordinance No. 67, must possess a valid Federal Migratory Bird Hunting and Conservation Stamp and a valid State of Washington Migratory Waterfowl Stamp. Both stamps must be validated by signing across the face of the stamp. Other tribal regulations apply, and may be obtained at the tribal office in Marysville, Washington. (r) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal Members Only) Ducks Season Dates: Open November 1, 2006, through February 8, 2007. Daily Bag and Possession Limits: 15 and 20, respectively. The season on canvasbacks is closed. Coots Season Dates: Open November 1, 2006, through February 8, 2007. Daily Bag and Possession Limits: 20 and 30, respectively. Geese Season Dates: Open November 1, 2006, through February 8, 2007. Daily Bag and Possession Limits: The daily bag limits are seven geese and five brant. The possession limits for geese and brant are 10 and 7, respectively. Mourning Dove Season Dates: Open September 1, through December 31, 2006. 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, except shooting hours would be one-half hour before official sunrise to one-half hour after official sunset. (s) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal Members Only) Teal Season Dates: Open October 16, 2006, through January 29, 2007. Daily Bag Limit: Six teal. Ducks Season Dates: Open November 1, 2006, through February 28, 2007. Daily Bag Limit: Six ducks, including no more than two hen mallards, two black ducks, two mottled ducks, one fulvous whistling duck, four mergansers, three scaup, one hooded merganser, two wood ducks, one canvasback, two redheads, and one pintail. The season is closed for harlequin ducks. Sea Ducks Season Dates: Open October 16, 2006, through March 1, 2007. Daily Bag Limit: Seven ducks including no more than four of any one species (only one of which may be a hen eider). Canada Geese Season Dates: Open September 11, through September 25, 2006, and open November 1, 2006, through February 28, 2007. Daily Bag Limits: Five Canada geese during the first period and three during the second. Snow Geese Season Dates: Open September 11, through September 25, 2006, and open November 1, 2006, through February 28, 2007. Daily Bag Limits: 15. Woodcock Season Dates: Open October 16, through December 1, 2006. Daily Bag Limit: Three woodcock. General Conditions: Shooting hours are one-half hour before sunrise to sunset. Nontoxic shot is required. Tribal members will observe all basic Federal migratory bird hunting regulations contained in 50 CFR. * * * * * [[Page 58240]] (u) 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, 2006. 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, 2006. Daily Bag and Possession Limits: 10 and 20 doves, respectively. Ducks (Including Mergansers) Open October 14, 2006, through January 28, 2007. Daily Bag and Possession Limits: Seven ducks, including no more than three mallards (including no more than two hen mallard), two redheads, three scaup, one canvasback, and one pintail. The possession limit is twice the daily bag limit. Coots, Moorhens and Gallinules Season Dates: Same as ducks. Daily Bag and Possession Limits: 25 coots, moorhens, and gallinules, singly or in the aggregate. The possession limit is twice the daily bag limit. Canada Geese Season Dates: Open October 14, 2006, through January 28, 2007. Bag and Possession Limits: Three and six, respectively. General Conditions: All nontribal hunters hunting band-tailed pigeons and mourning doves on Reservation lands shall have in their possession a valid White Mountain Apache Daily or Yearly Small Game Permit. In addition to a small game permit, all nontribal hunters hunting band-tailed pigeons must have in their possession a White Mountain Special Band-tailed Pigeon Permit. Other special regulations established by the White Mountain Apache Tribe apply on the reservation. Tribal and nontribal hunters will comply with all basic Federal migratory bird hunting regulations in 50 CFR part 20 regarding shooting hours and manner of taking. In addition, the area open to waterfowl hunting in the above seasons consists of: The entire 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 2006-07 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 2006-07 season. (v) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New Mexico (Tribal Members and Nontribal Hunters) Ducks (Including Mergansers) Season Dates: Open October 7, through November 30, 2006. Daily Bag and Possession Limits: The daily bag limit is seven, including no more than two hen mallards, one pintail, one canvasback, two redheads, and three scaup. The possession limit is twice the daily bag limit. Canada Geese Season Dates: Open October 8, through November 30, 2006. Daily Bag and Possession Limits: Two and four, respectively. General Conditions: Tribal and nontribal hunters must comply with all basic Federal migratory bird hunting regulations in 50 CFR part 20 regarding shooting hours and manner of taking. In addition, each waterfowl hunter 16 years of age or older must carry on his/her person a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed in ink across the stamp face. Special regulations established by the Jicarilla Tribe also apply on the reservation. (w) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only) Ducks Season Dates: Open October 1, 2006, through January 28, 2007. Daily Bag and Possession Limits: 9 and 18 ducks, respectively. Coots Season Dates: Same as ducks. Daily Bag and Possession Limits: 25 coots. Geese Season Dates: Same as ducks. Daily Bag and Possession Limits: 6 and 12 geese, respectively. General: The Klamath Tribe provides its game management officers, biologists, and wildlife technicians with regulatory enforcement authority, and has a court system with judges that hear cases and set fines. Nontoxic shot is required. Shooting hours are one-half hour before sunrise to one-half hour after sunset. (x) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall, Idaho (Nontribal Hunters) Ducks Season Dates: Open October 7, 2006, through January 19, 2007. Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, one pintail, one canvasback, three scaup, and two redheads. The possession limit is twice the daily bag limit. Mergansers Season Dates: Same as ducks. Daily Bag and Possession Limits: 7 and 14 mergansers, respectively. Coots Season Dates: Same as ducks. Daily Bag and Possession Limits: 25 coots. The possession limit is twice the daily bag limit. Geese Season Dates: Open October 7, 2006, through January 19, 2007. Daily Bag and Possession Limits: Four light geese and four dark geese. The possession limit is twice the daily bag limit. Common Snipe Season Dates: Same as ducks. Daily Bag and Possession Limits: 8 and 16 snipe, respectively. General Conditions: Nontribal hunters must comply with all basic Federal migratory bird hunting regulations in 50 CFR part 20 regarding shooting hours and manner of taking. In addition, each waterfowl hunter 16 years of age or older must possess a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed in ink across the stamp face. Other regulations established by the Shoshone-Bannock Tribes also apply on the reservation. (y) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal Members Only) Ducks (Including Mergansers) Season Dates: Open October 1, 2006, through February 15, 2007. Daily Bag and Possession Limits: 10 ducks, including no more than 7 mallards of which only 3 may be hen mallards, 3 pintail, 3 canvasback, 3 scaup, and 3 redheads. The possession limit is twice the daily bag limit. [[Page 58241]] Coot Season Dates: October 1, 2006, through January 31, 2007. Daily Bag and Possession Limits: 25 and 50, respectively. Geese Season Dates: Same as ducks. Daily Bag and Possession Limits: Six and twelve, respectively. Brant Season Dates: October 1, 2006, through January 31, 2007. Daily Bag and Possession Limits: 25 and 50, respectively. Snipe Season Dates: Open October 1, 2006, through January 31, 2007. Daily Bag and Possession Limits: 10 and 20, respectively. Tribal members hunting on lands under this proposal will observe all basic Federal migratory bird hunting regulations found in 50 CFR part 20, which will be enforced by the Stillaguamish Tribal Law Enforcement. Tribal members are required to use steel shot or a nontoxic shot as required by Federal regulations. (z) Swinomish Indian Tribal Community, LaConner, Washington (Tribal Members Only) Off Reservation Ducks (Including Mergansers) Season Dates: Open September 27, 2006, through February 25, 2007. Daily Bag and Possession Limits: 10 ducks, including no more than 5 hen mallards, 4 pintail, 7 scaup, and 5 redheads. The season on canvasbacks is closed. The possession limit is twice the daily bag limit. Coots Season Dates: Same as ducks. Daily Bag and Possession Limits: 25 coots. Geese Season Dates: Same as ducks. Daily Bag and Possession Limits: Seven geese, including seven dark geese but no more than six light geese. The possession limit is twice the daily bag limit. Brant Season Dates: Same as ducks. Daily Bag and Possession Limits: 5 and 10 brant, respectively. On Reservation Ducks (Including Mergansers) Season Dates: Open September 27, 2006, through March 9, 2007. Daily Bag and Possession Limits: 10 ducks, including no more than 5 hen mallards, 4 pintail, 7 scaup, and 5 redheads. The season on canvasbacks is closed. The possession limit is twice the daily bag limit. Coots Season Dates: Same as ducks. Daily Bag and Possession Limits: 25 coots. Geese Season Dates: Same as ducks. Daily Bag and Possession Limits: Seven geese, including seven dark geese but no more than six light geese. The possession limit is twice the daily bag limit. Brant Season Dates: Same as ducks. Daily Bag and Possession Limits: 5 and 10 brant, respectively. General Conditions: Steps will be taken to limit level of harvest, where it could be shown that failure to limit such harvest would seriously impact the migratory bird resource. Tribal members hunting on lands under this proposal will observe all basic Federal migratory bird hunting regulations found in 50 CFR part 20, which will be enforced by the Swinomish Tribal Fish and Game. (aa) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and Nontribal Hunters) Ducks (Including Mergansers) Open October 9, Through December 21, 2007. Daily Bag and Possession Limits: Five ducks, including no more than five mallards (no more than two hen mallards), two redheads, one canvasback, one pintail, two scaup, and two wood ducks. The daily bag limit for mergansers is five, of which no more than one can be a hooded merganser. The possession limit is twice the daily bag limit. Coots Season Dates: Same as other ducks. Daily Bag and Possession Limits: 15 and 30 coots, respectively. Canada Geese and Brant Season Dates: Open October 29, 2006, through February 11, 2007. Daily Bag and Possession Limits: Three geese. The possession limit is twice the daily bag limit. White-Fronted Geese Season Dates: October 29, 2006, through January 22, 2007. Daily Bag and Possession Limits: One. The possession limit is twice the daily bag limit. Light Geese Season Dates: Open October 29, 2006, through January 19, 2007. Daily Bag and Possession Limits: 20 geese daily, no possession limit. General Conditions (1) The waterfowl hunting regulations established by this final rule apply to tribal and trust lands within the external boundaries of the reservation. (2) Tribal and nontribal hunters must comply with all basic Federal migratory bird hunting regulations in 50 CFR part 20 regarding shooting hours and manner of taking. In addition, each waterfowl hunter 16 years of age or older must carry on his/her person a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed in ink across the stamp face. Special regulations established by the Yankton Sioux Tribe also apply on the reservation. Dated: September 25, 2006. David M. Verhey, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. E6-16173 Filed 9-29-06; 8:45 am] BILLING CODE 4310-55-P