[Federal Register: September 24, 2010 (Volume 75, Number 185)]
[Rules and Regulations]
[Page 59041-59048]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24se10-23]
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Part VI
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 Late
Season; Final Rule
[[Page 59042]]
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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
Late Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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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 24, 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.
FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, Division of Migratory
Bird Management, U.S. Fish and Wildlife Service, (703/358-1967), or
Tina Chouinard, Division of Migratory Bird Management, U.S. Fish and
Wildlife Service, (731/432-0981).
SUPPLEMENTARY INFORMATION:
Background
The Migratory Bird Treaty Act of July 3, 1918 (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.
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:
(1) Harvest anticipated under the requested regulations;
(2) Methods that would be employed to measure or monitor harvest
(such as bag checks, mail questionnaires, etc.);
(3) 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
(4) 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 6 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 1, 2010, Federal
Register (75 FR 53774). 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. 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.
Status of Populations
In the August 6 proposed rule and September 1 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. For more detailed information on
methodologies and results, complete copies of the various reports are
available at the street address indicated under ADDRESSES or from our
Web site at http://www.fws.gov/migratorybirds/
NewsPublicationsReports.html.
Comments and Issues Concerning Tribal Proposals
For the 2010-11 migratory bird hunting season, we proposed
regulations for 30 tribes 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; 14 tribes have
proposals with late seasons. We also noted in the August 6 proposed
rule (75 FR 47682) that we were proposing seasons for six Tribes that
we usually hear from but that we had not yet received proposals from
them. We subsequently received proposals from three of these six
Tribes. We have not included the remaining three Tribes in this final
rule.
The comment period for the August 6 proposed rule closed on August
16, 2010. We did not receive any comments on our May 13, 2010, proposed
rule, which announced rulemaking on regulations for migratory bird
hunting by American Indian tribal members, or on our August 6 proposed
rule.
[[Page 59043]]
National Environmental Policy Act (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. We
proposed no changes to the season frameworks for the 2010-11 season,
and as such, we again considered these three alternatives. The final
frameworks depended on population status information. 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 regulations on small business entities in detail as part of the
1981 cost-benefit analysis. This analysis was revised annually from
1990-95. In 1995, the Service issued a Small Entity Flexibility
Analysis (Analysis), which was subsequently updated in 1996, 1998,
2004, and 2008. The primary source of information about hunter
expenditures for migratory game bird hunting is the National Hunting
and Fishing Survey, which is conducted at 5-year intervals. The 2008
Analysis was based on the 2006 National Hunting and Fishing Survey and
the U.S. Department of Commerce's County Business Patterns, from which
it was estimated that migratory bird hunters would spend approximately
$1.2 billion at small businesses in 2008. Copies of the Analysis are
available upon request from the address indicated under ADDRESSES or by
viewing on 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. A Federal agency may not conduct or sponsor
and a person is not required to respond to a collection of
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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 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, 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. 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.
Rulemaking Process
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 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.
Regulations Promulgation
0
Accordingly, part 20, subchapter B, chapter I of title 50 of the Code
of Federal Regulations is amended as follows:
PART 20--[AMENDED]
0
1. The authority citation for part 20 continues to read as follows:
Authority: Migratory Bird Treaty Act, 40 Stat. 755, 16 U.S.C.
703-712; Fish and Wildlife Act of 1956, 16 U.S.C. 742a-j; Pub. L.
106-108, 113 Stat. 1491, Note Following 16 U.S.C. 703.
Note: The following hunting regulations provided for by 50 CFR
20.110 will not appear in the Code of Federal Regulations because of
their seasonal nature.
0
2. Amend Sec. 20.110 by revising paragraphs (a), (b), (f) through (i),
(l), (o), (s), (v) through (aa), and (cc), to read as set forth below.
(Current Sec. 20.110 was published at 74 FR 51507, September 2, 2009,
and amended at 75 FR 49294, September 25, 2009, and 75 FR 53774,
September 1, 2010.)
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 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.
Ducks (including mergansers)
Season Dates: Open October 9, 2010, through January 23, 2011.
Daily Bag and Possession Limits: Seven ducks, including two hen
mallards, two redheads, two Mexican ducks, two goldeneye, two cinnamon
teal, three scaup, and one pintail. The season on canvasback is closed.
The possession limit is twice the daily bag limit.
[[Page 59045]]
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 16, 2010, through January 23, 2011.
Daily Bag and Possession Limits: Three geese, including no more
than three dark (Canada) geese and three white (snow, blue, Ross's)
geese. The possession limit is six dark geese and six white geese.
General Conditions: All persons 14 years and older must be in
possession of a valid Colorado River Indian Reservation hunting permit
before taking any wildlife on tribal lands. Any person transporting
game birds off the Colorado River Indian Reservation must have a valid
transport declaration form. 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, 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.
Nontribal Hunters
Ducks (including mergansers)
Scaup Season Dates: Open October 2 through December 26, 2010.
Season Dates: Open October 2, 2010, through January 16, 2011.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, two pintail, three scaup (when open), 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: The daily bag and possession limit
is 25.
Geese
Dark Geese
Season Dates: Open October 2, 2010, through January 16, 2011.
Daily Bag and Possession Limits: Four and eight geese,
respectively.
Light Geese
Season Dates: Open October 2, 2010, through January 16, 2011.
Daily Bag and Possession Limits: 10 and 20 geese, respectively.
Youth Waterfowl Hunt
Season Dates: September 25-26, 2010.
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.
* * * * *
(f) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce,
New Mexico (Tribal Members and Nontribal Hunters).
Ducks (including mergansers)
Season Dates: Open October 9 through November 30, 2010.
Daily Bag and Possession Limits: The daily bag limit is seven,
including no more than two hen mallards, two pintail, two redheads, one
canvasback, and three scaup. The possession limit is twice the daily
bag limit.
Canada Geese
Season Dates: Open October 9 through November 30, 2010.
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.
(g) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal
Members and Nontribal Hunters).
Nontribal Hunters on Reservation
Ducks
Scaup Season Dates: Open September 25 through December 19, 2010.
Regular Duck Season Dates: Open September 25, 2010, through January
30, 2011. 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, two pintail, one canvasback, three scaup
(when open), and two redheads. The possession limit is twice the daily
bag limit.
Geese
Season Dates: Open September 1 through 13, 2010, for the 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 6 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 Limits: 6 light geese and 4 dark geese. The daily bag
limit is 2 brant and is in addition to dark goose limits.
General Conditions: Tribal members must possess a validated
Migratory Bird Hunting and Conservation Stamp and a tribal ceded lands
permit.
(h) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only).
Ducks
Season Dates: Open October 1, 2010, through January 31, 2011.
Daily Bag and Possession Limits: 9 and 18 ducks, respectively.
[[Page 59046]]
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 coots.
Geese
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 9 and 18 geese, respectively.
General Conditions: 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.
(i) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members
Only).
Ducks
Season Dates: Open September 18, through December 31, 2010.
Daily Bag and Possession Limits: 10 ducks, including no more than 5
pintail, 5 canvasback, and 5 black ducks. The possession limit is twice
the daily bag limit.
Geese
Season Dates: Open September 4, through December 31, 2010.
Daily Bag and Possession Limits: 10 and 20 geese, respectively.
General Conditions: 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.
* * * * *
(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.
Canada Geese
Season Dates: Open October 2, 2010, through March 10, 2011.
Daily Bag and Possession Limits: Three and six, respectively.
White-fronted Geese
Season Dates: Open October 2, 2010, through March 10, 2011.
Daily Bag and Possession Limits: Two and four, respectively.
Light Geese
Season Dates: Open October 2, 2010, through March 10, 2011.
Daily Bag and Possession Limits: 20 and 40, respectively.
Nontribal Hunters
Ducks (including mergansers and coots)
Season Dates: Open October 9, 2010, through January 13, 2011.
Daily Bag and Possession Limits: Six ducks, including no more than
one hen mallard, 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 two hooded
mergansers. The possession limit is twice the daily bag limit.
Canada Geese
Season Dates: Open October 30, 2010, through February 13, 2011.
Daily Bag and Possession Limits: Three and six, respectively.
White-fronted Geese
Season Dates: Open October 30, 2010, through January 7, 2011, and
open January 29 through February 13, 2011.
Daily Bag and Possession Limits: One and two, respectively.
Light Geese
Season Dates: Open October 30, 2010, through January 10, 2011, and
open February 5 through March 10, 2011.
Daily Bag and Possession Limits: 20 and 40, respectively.
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.
* * * * *
(o) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona
(Tribal Members and Nontribal Hunters).
Band-tailed Pigeons
Season Dates: Open September 1 through 30, 2010.
Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
Season Dates: Open September 1 through 30, 2010.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Ducks (including mergansers and coots)
Scaup Season Dates: Open September 25 through December 19, 2010.
Season Dates: Open September 25, 2010, through January 9, 2011.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, three scaup (when open), one mottled duck, one
canvasback, two redheads, and two pintail. Coot daily bag limit is 25.
Merganser daily bag limit is seven. The possession limit is twice the
daily bag limit.
Canada Geese
Season Dates: Open September 25, 2010, through January 9, 2011.
Daily Bag and Possession Limits: Four and eight, 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.
* * * * *
(s) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort
Hall, Idaho (Nontribal Hunters).
Ducks and Mergansers
Scaup Season Dates: Open October 2 through December 26, 2010.
Season Dates: Open October 2, 2010, through January 16, 2011.
Daily Bag and Possession Limits: Seven ducks and mergansers,
including no more than two hen mallards, two pintail, three scaup (when
open), 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 coots. 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.
[[Page 59047]]
Dark Geese
Season Dates: Open October 2, 2010, through January 16, 2011.
Daily Bag and Possession Limits: Four and eight, respectively.
Brant
Season Dates: Open October 2 through November 1, 2010.
Daily Bag and Possession Limits: Two and four, respectively.
Light Geese
Season Dates: Open October 2, 2010, through January 16, 2011.
Daily Bag and Possession Limits: 10 and 20, 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.
* * * * *
(v) [Reserved.]
(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.
Ducks (including mergansers)
Season Dates: Open October 1, 2010, through February 15, 2011.
Daily Bag and Possession Limits: 10 ducks, including no more than 7
mallards of which only 3 may be hen mallards, 3 pintail, 3 canvasback,
3 scaup, and 3 redheads. The possession limit is twice the daily bag
limit.
Coot
Season Dates: October 1, 2010, through January 31, 2011.
Daily Bag and Possession Limits: 25 and 50, respectively.
Geese
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 6 and 12, respectively.
Brant
Season Dates: Open October 1, 2010, through January 31, 2011.
Daily Bag and Possession Limits: Three and six, respectively.
Snipe
Season Dates: Open October 1, 2010, through January 31, 2011.
Daily Bag and Possession Limits: 10 and 20, respectively.
General Conditions: 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.
(x) [Reserved.]
(y) Tulalip Tribes, Tulalip, Washington (Tribal and Nontribal
Members Only).
Tribal Members
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, through February 28, 2011.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Nontribal Members on Reservation
Ducks (Including mergansers)
Scaup Season Dates: Open November 6, 2010, through January 30,
2011.
Regular Duck Season Dates: Open October 16, 2010, through January
30, 2011.
Daily Bag and Possession Limits: Seven ducks and mergansers,
including no more than two hen mallards, two pintail, one canvasback,
three scaup (when open), and two redheads. Possession limit is twice
the daily bag limit.
Dark Geese
Season Dates: Open October 16, 2010, through January 30, 2011.
Daily Bag and Possession Limits: Four and eight geese,
respectively. Brant season is closed to nontribal hunters under final
Federal frameworks in Sheldon County, Washington.
Light Geese
Season Dates: Open November 14, 2010, through February 28, 2011.
Daily Bag and Possession Limits: 10 and 20 geese, respectively.
Coots
Season Dates: Open October 16, 2010, through January 30, 2011.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Snipe
Season Dates: Open October 16, 2010, and through January 30, 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).
Ducks
Season Dates: Open October 1, 2010, through February 28, 2011.
Daily Bag and Possession Limits: 15 and 20, respectively. The
season on canvasbacks is closed.
Coots
Season Dates: Open October 15, 2010, through February 15, 2011.
Daily Bag and Possession Limits: 20 and 30, respectively.
Geese
Season Dates: Open October 15, 2010, through February 28, 2011.
Daily Bag and Possession Limits: Seven and ten geese, respectively.
Brant
Season Dates: Open November 1 through 10, 2010.
[[Page 59048]]
Daily Bag and Possession Limits: Two and two, respectively.
Mourning Dove
Season Dates: Open September 1 through December 31, 2010.
Daily Bag and Possession Limits: 12 and 15 mourning doves,
respectively.
General Conditions: 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).
Teal
Season Dates: Open October 12, 2010, through January 27, 2011.
Daily Bag Limits: Ten teal.
Ducks
Season Dates: Open November 1, 2010, through February 28, 2011.
Daily Bag Limits: Six ducks, including no more than four hen
mallards, four black ducks, four mottled ducks, one fulvous whistling
duck, four mergansers, three scaup, one hooded merganser, three wood
ducks, one canvasback, two redheads, and one pintail. The season is
closed for harlequin ducks.
Sea Ducks
Season Dates: Open October 12, 2010, through February 28, 2011.
Daily Bag Limits: Seven ducks including no more than four of any
one species (only one of which may be a hen eider).
Woodcock
Season Dates: Open October 12 through November 27, 2010.
Daily Bag Limits: Three woodcock.
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.
* * * * *
(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.
Ducks
Scaup, Canvasback, and Pintail Season Dates: Open October 16
through December 5, 2010.
Other Duck Season Dates: Open October 16, 2010, through January 30,
2011.
Daily Bag Limits: Seven ducks, including no more than two hen
mallards, three scaup (when open), two redheads, one canvasback (when
open), and two pintail (when open).
Canada Geese
Season Dates: Open October 16, 2010, through January 30, 2011.
Daily Bag Limits: Three Canada geese per day.
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.
Dated: September 16, 2010.
Thomas L. Strickland,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2010-23757 Filed 9-23-10; 8:45 am]
BILLING CODE 4310-55-P