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Friday,

August 31, 2007

Part VII

Department of the
Interior
Fish and Wildlife Service

50 CFR Part 20
Migratory Bird Hunting; Certain Federal
Indian Reservations and Ceded Lands for
the 2007–08 Season; 2007–08 Late-Season
Migratory Bird Hunting; Proposed Rules
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50596 Federal Register / Vol. 72, No. 169 / Friday, August 31, 2007 / Proposed Rules

DEPARTMENT OF THE INTERIOR rights and, for some Tribes, recognition following clarification. We routinely
of their authority to regulate hunting by provide copies of Federal Register
Fish and Wildlife Service both tribal and nontribal hunters on publications pertaining to migratory
their reservations. The guidelines bird management to all State Directors,
50 CFR Part 20 include possibilities for: Tribes, and other interested parties. It is
(1) On-reservation hunting by both the responsibility of the States, Tribes,
RIN 1018–AV12
tribal and nontribal hunters, with and others to notify us of any concern
Migratory Bird Hunting; Proposed hunting by nontribal hunters on some regarding any feature(s) of any
Migratory Bird Hunting Regulations on reservations to take place within Federal regulations. When we receive such
Certain Federal Indian Reservations frameworks but on dates different from notification, we will initiate
and Ceded Lands for the 2007–08 those selected by the surrounding consultation.
Season State(s); Our guidelines provide for the
(2) On-reservation hunting by tribal continued harvest of waterfowl and
AGENCY: Fish and Wildlife Service, members only, outside of the usual other migratory game birds by tribal
Interior. Federal frameworks for season dates and members on reservations where such
ACTION: Proposed rule. length, and for daily bag and possession harvest has been a customary practice.
limits; and We do not oppose this harvest, provided
SUMMARY: The U.S. Fish and Wildlife (3) Off-reservation hunting by tribal it does not take place during the closed
Service (hereinafter, Service or we) members on ceded lands, outside of season defined by the Treaty, and does
proposes special migratory bird hunting usual framework dates and season not adversely affect the status of the
regulations for certain Tribes on Federal length, with some added flexibility in migratory bird resource. Before
Indian reservations, off-reservation trust daily bag and possession limits. developing the guidelines, we reviewed
lands, and ceded lands for the 2007–08 In all cases, the regulations available information on the current
migratory bird hunting season. established under the guidelines must status of migratory bird populations;
DATES: We will accept all comments on be consistent with the March 10 to reviewed the current status of migratory
the proposed regulations that are September 1 closed season mandated by bird hunting on Federal Indian
postmarked or received in our office by the 1916 Convention Between the reservations; and evaluated the potential
September 10, 2007. United States and Great Britain (for impact of such guidelines on migratory
Canada) for the Protection of Migratory birds. We concluded that the impact of
ADDRESSES: Send your comments on
Birds (Treaty). The guidelines apply to migratory bird harvest by tribal
these proposals to the Chief, Division of
those Tribes having recognized reserved members hunting on their reservations
Migratory Bird Management, U.S. Fish
hunting rights on Federal Indian is minimal.
and Wildlife Service, Department of the
reservations (including off-reservation One area of interest in Indian
Interior, MS MBSP–4107–ARLSQ, 1849
trust lands) and on ceded lands. They migratory bird hunting regulations
C Street, NW., Washington, DC 20240,
also apply to establishing migratory bird relates to hunting seasons for nontribal
or fax comments to (703) 358–2272. All
hunting regulations for nontribal hunters on dates that are within Federal
comments received will become part of
hunters on all lands within the exterior frameworks, but which are different
the public record. You may inspect
boundaries of reservations where Tribes from those established by the State(s)
comments during normal business have full wildlife management authority
hours in room 4107, 4501 N. Fairfax where the reservation is located. A large
over such hunting or where the Tribes influx of nontribal hunters onto a
Drive, Arlington, Virginia. and affected States otherwise have reservation at a time when the season is
FOR FURTHER INFORMATION CONTACT: Ron reached agreement over hunting by closed in the surrounding State(s) could
W. Kokel, Division of Migratory Bird nontribal hunters on lands owned by result in adverse population impacts on
Management, U.S. Fish and Wildlife non-Indians within the reservation. one or more migratory bird species. The
Service, (703) 358–1714. Tribes usually have the authority to guidelines make this unlikely, however,
SUPPLEMENTARY INFORMATION: In the regulate migratory bird hunting by because tribal proposals must include:
April 11, 2007, Federal Register (72 FR nonmembers on Indian-owned (a) Harvest anticipated under the
18328), we requested proposals from reservation lands, subject to Service requested regulations; (b) methods that
Indian Tribes wishing to establish approval. The question of jurisdiction is will be employed to measure or monitor
special migratory bird hunting more complex on reservations that harvest (such as bag checks, mail
regulations for the 2007–08 hunting include lands owned by non-Indians, questionnaires, etc.); (c) steps that will
season, under the guidelines described especially when the surrounding States be taken to limit level of harvest, where
in the June 4, 1985, Federal Register (50 have established or intend to establish it could be shown that failure to limit
FR 23467). In this supplemental regulations governing hunting by non- such harvest would adversely impact
proposed rule, we propose special Indians on these lands. In such cases, the migratory bird resource; and (d)
migratory bird hunting regulations for we encourage the Tribes and States to tribal capabilities to establish and
28 Indian Tribes, based on the input we reach agreement on regulations that enforce migratory bird hunting
received in response to the April 11, would apply throughout the regulations. We may modify regulations
2007, proposed rule. As described in reservations. When appropriate, we will or establish experimental special hunts,
that document/proposed rule, the consult with a Tribe and State with the after evaluation and confirmation of
promulgation of annual migratory bird aim of facilitating an accord. We also harvest information obtained by the
hunting regulations involves a series of will consult jointly with tribal and State Tribes.
rulemaking actions each year. This officials in the affected States where We believe the guidelines provide
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proposed rule is part of that series. Tribes wish to establish special hunting appropriate opportunity to
We developed the guidelines for regulations for tribal members on ceded accommodate the reserved hunting
establishing special migratory bird lands. Because of past questions rights and management authority of
hunting regulations for Indian Tribes in regarding interpretation of what events Indian Tribes while ensuring that the
response to tribal requests for trigger the consultation process, as well migratory bird resource receives
recognition of their reserved hunting as who initiates it, we provide the necessary protection. The conservation

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Federal Register / Vol. 72, No. 169 / Friday, August 31, 2007 / Proposed Rules 50597

of this important international resource America, and cover over 2.0 million American wigeon (A. americana; 2.8 ±
is paramount. The guidelines should not square miles. The traditional survey 0.2 million) was 29 percent greater than
be viewed as inflexible. In this regard, area comprises Alaska, Canada, and the last year but similar to the long-term
we note that they have been employed northcentral United States, and includes average. Estimated abundances of green-
successfully since 1985. We believe they approximately 1.3 million square miles. winged teal (A. crecca; 2.9 ± 0.2
have been tested adequately and, The Eastern survey area includes parts million), redheads (Aythya americana;
therefore, we made them final beginning of Ontario, Quebec, Labrador, 1.0 ± 0.08 million), and canvasbacks (A.
with the 1988–89 hunting season. We Newfoundland, Nova Scotia, Prince valisineria; 0.9 ± 0.09 million) were
should stress here, however, that use of Edward Island, New Brunswick, New similar to last year’s, but were each >50
the guidelines is not mandatory and no York, and Maine, an area of percent above their long-term averages.
action is required if a Tribe wishes to approximately 0.7 million square miles. Abundances of Northern shovelers,
observe the hunting regulations redheads, and canvasbacks were the
Breeding Ground Conditions
established by the State(s) in which the highest ever estimated in this survey
reservation is located. Overall, habitat conditions for area, and the abundance of green-
breeding waterfowl in 2007 were similar winged teal was the second highest
Service Migratory Bird Regulations or slightly improved relative to 2006.
Committee Meetings estimated for this region. Estimates for
The total pond estimate (Prairie Canada
Northern pintails (Anas acuta; 3.3 ± 0.2
Participants at the June 20–21, 2007, and United States combined) was 7.0 ±
million) and scaup (Aythya affinis and
meetings reviewed information on the 0.3 million ponds, 15 percent greater
A. marila combined; 3.5 ± 0.2 million)
current status of migratory shore and than last year’s estimate of 6.1 ± 0.2
upland game birds and developed 2007– million ponds and 44 percent higher were unchanged from those of 2006 and
08 migratory game bird regulations than the long-term average of 4.9 ± 0.03 remained below long-term averages
recommendations for these species plus million ponds. The 2007 estimate of (¥19 percent and ¥33 percent,
regulations for migratory game birds in ponds in Prairie Canada was 5.0 ± 0.3 respectively).
Alaska, Puerto Rico, and the U.S. Virgin million. This was a 13 percent increase The eastern survey area was
Islands; special September waterfowl from last year’s estimate (4.4 ± 0.2 restratified in 2005, is now composed of
seasons in designated States; special sea million), 49 percent above the 1955– strata 51–72, and efforts at integrating
duck seasons in the Atlantic Flyway; 2006 average (3.4 ± 0.03 million), and U.S. Fish and Wildlife Service and
and extended falconry seasons. In the fourth highest on record. The 2007 Canadian Wildlife Service surveys are
addition, we reviewed and discussed pond estimate for the northcentral ongoing. Estimated abundance of
preliminary information on the status of United States (2.0 ± 0.1 million) was 19 mallards, scaup, scoters (black
waterfowl. Participants at the previously percent greater than last year’s estimate [Melanitta nigra], white-winged [M.
announced August 1–2, 2007, meetings (1.6 ± 0.09 million) and 29 percent fusca], and surf [M. perspicillata]),
reviewed information on the current above the long-term average (1.5 ± 0.02 green-winged teal, American wigeon,
status of waterfowl and developed million). In the Eastern Survey Area and buffleheads (B. albeola) were all
recommendations for the 2007–08 (strata 51–72), the boreal forests were similar to 2006 estimates and to long-
regulations pertaining to regular generally in good or excellent condition term averages. American black duck (A.
waterfowl seasons and other species and this spring, except for a few drier rubripes, 568,700 ducks) and ring-
seasons not previously discussed at the patches in Northern Quebec that were in necked duck (Aythya collaris, 651,000
early-season meetings. In accordance fair condition. ducks) estimates were 14 percent and 19
with Department of the Interior policy, Breeding Population Status percent higher than those of 2006, and
these meetings were open to public 22 percent and 27 percent above their
observation and you may submit In the Waterfowl Breeding Population
1990–2006 averages, respectively. The
comments to the Director on the matters and Habitat Survey traditional survey
merganser (red-breasted [Mergus
discussed. area (strata 1–18, 20–50, and 75–77), the
serrator], common [M. merganser], and
total duck population estimate was 41.2
hooded [Lophodytes cucullatus])
Population Status and Harvest ± 0.7 [SE] million birds. This was 14
percent greater than last year’s estimate estimate of 400,100 was 27 percent
The following paragraphs provide higher than last year’s, and the
preliminary information on the status of of 36.2 ± 0.6 million birds and 24
percent above the 1955–2006 long-term goldeneye (common [Bucephala
waterfowl and information on the status clangula] and Barrow’s [B. islandica])
and harvest of migratory shore and average. Mallard (Anas platyrhynchos)
abundance was 8.3 ± 0.3 million birds, count of 319,000 was 49 percent higher
upland game birds excerpted from than that of 2006, but both these species
various reports. For more detailed which was 14 percent above last year’s
estimate of 7.3 ± 0.2 million birds and were similar to their long-term averages.
information on methodologies and
results, you may obtain complete copies 11 percent above the long-term average. Fall Flight Estimate
of the various reports at the address Blue-winged teal (A. discors) estimated
indicated under ADDRESSES or from our abundance was 6.7 ± 0.4 million birds, The mid-continent mallard
Web site at http://www.fws.gov/ the third highest since 1955, 14 percent population is composed of mallards
migratorybirds/reports/reports.html. greater than last year’s estimate of 5.9 ± from the traditional survey area,
0.3 million birds, and 48 percent above Michigan, Minnesota, and Wisconsin,
Status of Ducks the long-term average. Estimated and is 9.1 ± 0.3 million. This is similar
Federal, provincial, and State abundances of gadwall (A. strepera; 3.4 to the 2006 estimate of 7.9 ± 0.2 million.
agencies conduct surveys each spring to ± 0.2 million) and Northern shovelers The projected mallard fall flight index
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estimate the size of breeding (A. clypeata; 4.6 ± 0.2 million) were also was 11.4 ± 1.0 million, similar to the
populations and to evaluate the higher than those of last year (+19 2006 estimate of 9.9 ± 0.9 million birds.
conditions of the habitats. These percent and +24 percent, respectively) These indices were based on revised
surveys are conducted using fixed-wing and well above their long-term averages mid-continent mallard population
aircraft and helicopters and encompass (+96 percent and +106 percent, models, and therefore, differ from those
principal breeding areas of North respectively). Estimated abundance of previously published.

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Status of Geese and Swans previous year. The retrieved harvest of long-term average. The recruitment
We provide information on the MCP cranes in hunt areas outside the index for the U.S. portion of the Central
population status and productivity of Central Flyway (Arizona, New Mexico, Region (1.6 immatures per adult female)
North American Canada geese (Branta Alaska, Canada, and Mexico combined) was 11 percent higher than the 2005
canadensis), brant (B. bernicla), snow was estimated at 13,048 during 2006– index, and 2 percent higher than the
geese (Chen caerulescens), Ross’ geese 07. The preliminary estimate for the long-term average.
(C. rossii), emperor geese (C. canagica), North American MCP sport harvest,
Band-Tailed Pigeons and Doves
white-fronted geese (Anser albifrons), including crippling losses, was 35,341
birds, which is 3 percent lower than the A range-wide survey for the Pacific
and tundra swans (Cygnus Coast Band-tailed Pigeon Population
columbianus). In 2007, a large area of previous year’s estimate. The long-term
(1982–2004) trends for the MCP indicate was initiated on an experimental basis
the eastern Canadian Arctic experienced in 2001 and became operational in 2004.
that harvest has been increasing at a
a much colder than average spring. Pigeons are counted at selected mineral
higher rate than population growth.
Delayed nesting activities and reduced The fall 2006 pre-migration survey for sites throughout their range in British
production of waterfowl occurred the Rocky Mountain Population (RMP) Columbia, Washington, Oregon, and
widely from Queen Maud Gulf to was not completed due to engine California. Results are used as an index
northern Quebec, and will impact goose problems with the survey aircraft. The to determine the population trend over
and swan populations migrating 3-year average for 2003–05 was 19,633 time. Range-wide trend estimates
through the Continent’s three eastern sandhill cranes, which is within showed an increase in Pacific Coast
flyways. In contrast, waterfowl nesting established population objectives of pigeons during 2001–2006 of over 10
in subarctic areas around Hudson and 17,000–21,000 for the RMP. Hunting percent per year. Pigeon counts at more
James Bays and Alaska’s Yukon Delta seasons during 2006–07 in portions of than half of mineral sites (54 percent)
experienced favorable nesting Arizona, Idaho, Montana, New Mexico, increased in 2006. In 2006, there were
conditions. Primary abundance indices Utah, and Wyoming, resulted in a 44 sites counted.
in 2007 increased from 2006 levels for harvest of 907 RMP cranes, a 29 percent Breeding Bird Survey (BBS) data are
17 goose populations and decreased for increase from the harvest of 702 the year used to monitor the Interior Band-tailed
5 goose populations. Primary abundance before, and a record high harvest for this Pigeon Population. Analyses of BBS
indices in 2007 for both populations of population. data over the most recent 10 years
tundra swans increased from 2006 (1997–2006) showed a significant
levels. The following populations Woodcock decline while there was no trend
displayed significant positive trends Singing-ground and Wing-collection indicated between 1968 and 2006. For
during the most recent 10-year period (P Surveys were conducted to assess the the Pacific Coast Population, the
< 0.05): Mississippi Flyway Giant, population status of the American preliminary 2005–06 harvest estimate
Atlantic, and Aleutian Canada geese; woodcock (Scolopax minor). The from the Harvest Information Program
Western Arctic/Wrangel Island snow Singing-ground Survey is intended to (HIP) was 16,600 pigeons. For the
geese; and Pacific white-fronted geese. measure long-term changes in woodcock Interior Population, the preliminary
Only the Eastern Population of tundra population levels. Singing-ground harvest estimate was 1,600 pigeons.
swans showed a significant negative 10- Survey data indicated that the numbers Analyses of Mourning Dove Call-
year trend. The forecast for the of displaying American woodcock in the count Survey data over the most recent
production of geese and swans in North Eastern Region in 2007 declined 11.6 10 years indicated no significant trend
America in 2007 is regionally variable, percent from 2006; however, the Central for doves heard in either the Eastern or
but production for many populations Region was unchanged. We note that Western Management Units while the
will be reduced from the excellent measurement of short-term (i.e., annual) Central Unit showed a significant
production experienced in 2006. trends tends to give estimates with decline. Over the 42-year period, 1966–
larger variances and is more prone to be 2007, all 3 units exhibited significant
Sandhill Cranes declines in mourning doves heard. In
influenced by climatic factors that may
Compared to increases recorded in the affect local counts during the survey. contrast, for doves seen over the 10-year
1970s, annual indices to abundance of For example, it is possible that the period, no significant trends were found
the Mid-Continent Population (MCP) of decrease observed in the Eastern Region in any of the three Management Units.
sandhill cranes have been relatively this year may have been due in part to For doves seen over 42 years, no trend
stable since the early 1980s. The Central late season snowfalls that portions of was found in the Eastern and Central
Platte River Valley, Nebraska, spring the Northeast received after woodcock Units while a significant decline was
index for 2007, uncorrected for visibility arrived on the breeding grounds. indicated for the Western Unit. The
bias, was 302,600 sandhill cranes. The There was no significant trend in preliminary 2006 harvest estimate for
photo-corrected, 3-year average for woodcock heard in either the Eastern or the United States was 19,245,300 doves,
2004–06 was 378,420, which is within Central Regions during 1997–2007. This a 13 percent decrease from 2005. A
the established population-objective represents the fourth consecutive year banding project is underway to obtain
range of 349,000–472,000 cranes. All since 1992 that the 10-year trend current information in order to develop
Central Flyway States, except Nebraska, estimate for either region did not mourning dove population models for
allowed crane hunting in portions of indicate a significant decline. There each unit to provide guidance for
their States during 2006–07. About were long-term (1968–2007) declines of improving our decisionmaking process
10,120 hunters participated in these 2.0 percent per year in the Eastern with respect to harvest management.
seasons, which was similar to the Region and 1.8 percent per year in the The two key States with a white-
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number that participated in the previous Central Region. Wing-collection Survey winged dove population are Arizona
year’s season. Hunters harvested 17,631 data indicate that the 2006 recruitment and Texas. California and New Mexico
MCP cranes in the U.S. portion of the index for the U.S. portion of the Eastern have much smaller populations. In
Central Flyway during the 2006–07 Region (1.5 immatures per adult female) Arizona, the white-winged dove
seasons, which was 3 percent lower was 7 percent lower than the 2005 population showed a significant decline
than the estimated harvest for the index, and 8 percent lower than the between 1962 and 1980. To adjust

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harvest with population size, the bag in the Valley included white-tipped final frameworks for the late seasons
limits, season length, and shooting doves for the first time in 2007. will be published in mid-September. We
hours have been reduced over the years, However, these data were not available will notify affected Tribes of season
most recently in 1988. These regulations at the time of this report. Once dates, bag limits, etc., as soon as final
changes appear to have slowed the available, they should provide, for the frameworks are established. As
decline, and in recent years, the harvest first time, an estimate of actual white- previously discussed, no action is
has stabilized at around 110,000 birds tipped dove abundance in Texas. During required by Tribes wishing to observe
per year. Arizona is currently the 2006–07 season, an estimated total migratory bird hunting regulations
experiencing the greatest drought in of 150,521 white-tipped doves were established by the State(s) where they
recorded history. In 2007, the Call-count killed in Texas. This is essentially are located. The proposed regulations
index was 24.6. According to HIP unchanged from the 2005–06 estimate of for the 28 Tribes that have submitted
surveys, the 2006 harvest estimate was 144,302 doves. proposals that meet the established
107,400 doves. criteria are shown below.
In Texas, white-winged doves Hunting Season Proposals From Indian
continue to expand their breeding range Tribes and Organizations (a) Colorado River Indian Tribes,
and are even extending into the For the 2007–08 hunting season, we Colorado River Indian Reservation,
northeast part of the State. Nesting is received requests from 28 Tribes and Parker, Arizona (Tribal Members and
essentially confined to urban areas, but Indian organizations. We actively solicit Nontribal Hunters)
appears to be expanding to exurban regulatory proposals from other tribal The Colorado River Indian
areas. Concomitant with this range groups that are interested in working Reservation is located in Arizona and
expansion has been a dramatic increase cooperatively for the benefit of California. The Tribes own almost all
in whitewing abundance. Moreover, waterfowl and other migratory game lands on the reservation, and have full
because until recently, whitewing birds. We encourage Tribes to work with wildlife management authority.
populations were not surveyed outside us to develop agreements for In their 2007–08 proposal, the
south Texas, the population increase management of migratory bird resources Colorado River Indian Tribes requested
has probably been even more dramatic. on tribal lands. split dove seasons. They propose their
A new distance sampling protocol was It should be noted that this proposed early season begin September 1 and end
implemented for Central and South rule includes generalized regulations for September 15, 2007. Daily bag limits
Texas for 2007. It is anticipated that this both early- and late-season hunting. would be 10 mourning or white-winged
protocol will be implemented Statewide Because of the timing of this proposed doves in the aggregate. The late season
in 2008, which should give the ability rule, a final rule will be published in the for doves is proposed to open November
to obtain a good estimate of white- Federal Register in mid-September 2007 10, 2007, and close December 24, 2007.
winged dove abundance in Texas. The that will include tribal regulations for The daily bag limit would be 10
2007 data were not available at the time the early- and late-hunting seasons. mourning doves. The possession limit
of this report. However, 2006 surveys in Early seasons generally begins around would be twice the daily bag limit after
Central Texas indicated a population in September 1 each year and most the first day of the season. Shooting
this region of 991,103 to 1,394,300 commonly includes such species as hours would be from one-half hour
whitewings. Preliminary harvest American woodcock, sandhill cranes, before sunrise to noon in the early
estimates suggest that, during the 2006– mourning doves, and white-winged season and until sunset in the late
07 season, 2,165,128 white-winged doves. Late seasons generally begin on season. Other special tribally set
doves were harvested Statewide. This or around September 24 and most regulations would apply.
includes approximately 278,000 commonly include waterfowl species. The Tribes also propose duck hunting
whitewings harvested during the special In this current rulemaking, because of seasons. The season would open
white-winged dove season in the the compressed timeframe for October 13, 2007, and run until January
Special White-winged Dove Zone, and establishing regulations for Indian 27, 2008. The Tribes propose the same
approximately 319,000 white-wings Tribes and because final frameworks season dates for mergansers, coots, and
harvested during the same period dates and other specific information are common moorhens. The daily bag limit
outside the Special Zone. Total not available, the regulations for many for ducks, including mergansers, would
Statewide harvest represents a slight, tribal hunting seasons are described in be seven, except that the daily bag limits
but not necessarily significant, change relation to the season dates, season could contain no more than two hen
from the previous season of 1,840,536 length, and limits that will be permitted mallards, two redheads, two Mexican
whitewings. when final Federal frameworks are ducks, two goldeneye, three scaup, and
In California, BBS data indicate that announced for early- and late-season two cinnamon teal. The seasons on
there has been a significant increase in regulations. For example, daily bag and canvasback and pintail are closed. The
the population between 1968 and 2006 possession limits for ducks on some possession limit would be twice the
while no trend was indicated over the areas are shown as the same as daily bag limit after the first day of the
most recent 10 years. According to HIP permitted in Pacific Flyway States season. The daily bag and possession
surveys, the preliminary harvest under final Federal frameworks, and limit for coots and common moorhens
estimate for 2006 was 55,200. In New limits for geese will be shown as the would be 25, singly or in the aggregate.
Mexico, both the long- and short-term same permitted by the State(s) in which For geese, the Colorado River Indian
trends show a significant increase. In the tribal hunting area is located. Tribes propose a season of October 20,
2006, the estimated harvest was 66,100 The proposed frameworks for early- 2007, through January 27, 2008. The
doves. season regulations were published in daily bag limit for geese would be three
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White-tipped doves are maintaining a the Federal Register on July 23, 2007 light geese and three dark geese. The
relatively stable population in the (72 FR 40194); early-season final possession limit would be six light
Lower Rio Grande Valley of Texas. They frameworks will be published in late- geese and six dark geese after opening
are most abundant in cities and, for the August. Proposed late-season day.
most part, are not available to hunting. frameworks for waterfowl and coots will In 1996, the Tribe conducted a
White-winged dove distance sampling be published in late-August, and the detailed assessment of dove hunting.

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50600 Federal Register / Vol. 72, No. 169 / Friday, August 31, 2007 / Proposed Rules

Results showed approximately 16,100 that the large majority of the harvest is contact us for further information on
mourning doves and 13,600 white- by non-tribal hunters. obtaining the needed permits. In
winged doves were harvested by We propose to approve the Tribes’ addition, as with all other groups, we
approximately 2,660 hunters who request for special migratory bird request the Tribe continue to survey and
averaged 1.45 hunter-days. Field regulations for the 2007–08 hunting report harvest.
observations and permit sales indicate season.
(d) Fond du Lac Band of Lake Superior
that fewer than 200 hunters participate (c) Crow Creek Sioux Tribe, Crow Creek Chippewa Indians, Cloquet, Minnesota
in waterfowl seasons. Under the Indian Reservation, Fort Thompson, (Tribal Members Only)
proposed regulations described here South Dakota (Tribal Members and
and, based upon past seasons, we and Since 1996, the Service and the Fond
Nontribal Hunters)
the Tribes estimate harvest will be du Lac Band of Lake Superior Chippewa
similar. The Crow Creek Indian Reservation Indians have cooperated to establish
Hunters must have a valid Colorado has a checkerboard pattern of land special migratory bird hunting
River Indian Reservation hunting permit ownership, with much of the land regulations for tribal members. The
in their possession while hunting. Other owned by non-Indians. Since the 1993– Fond du Lac’s May 29, 2007, proposal
special tribally set regulations would 94 season, the Tribe has selected special covers land set apart for the band under
apply. As in the past, the regulations waterfowl hunting regulations the Treaties of 1837 and 1854 in
would apply both to tribal and non- independent of the State of South northeast and east-central Minnesota.
tribal hunters, and nontoxic shot is Dakota. The Tribe observes migratory The band’s proposal for 2007–08 is
required for waterfowl hunting. bird hunting regulations contained in 50 essentially the same as that approved
We propose to approve the Colorado CFR part 20. last year. Specifically, the Fond du Lac
The Tribe requests a duck and Band proposes a September 15 to
River Indian Tribes regulations for the
merganser season of October 2 to December 3, 2007, season on ducks,
2007–08 hunting season.
December 14, 2007, with a daily bag mergansers, coots, and moorhens, and a
(b) Confederated Salish and Kootenai limit of six ducks, including no more September 1 to December 3, 2007,
Tribes, Flathead Indian Reservation, than five mallards (only two of which season for geese. For sora and Virginia
Pablo, Montana (Tribal and Nontribal may be hens), two redheads, two wood rails, snipe, and woodcock, the Fond du
Hunters) ducks, one pintail, one canvasback, and Lac Band proposes a September 1 to
three scaup. The merganser daily bag December 3, 2007, season. The band
For the past several years, the
limit would be five and include no more proposes a September 1 to October 30,
Confederated Salish and Kootenai
than one hooded merganser. The daily 2007, season for mourning doves.
Tribes and the State of Montana have
bag limit for coots would be 15. Proposed daily bag limits would consist
entered into cooperative agreements for
For Canada geese, the Tribe proposes of the following:
the regulation of hunting on the
an October 16, 2007, to January 18, Ducks: 18 ducks, including no more
Flathead Indian Reservation. The State
2008, season with a three-bird daily bag than 12 mallards (only 6 of which may
and the Tribes are currently operating
limit. For white-fronted geese, the Tribe be hens), 3 black ducks, 6 scaup, 4 wood
under a cooperative agreement signed in
proposes a September 25 to December ducks, 6 redheads, 3 pintails, and 3
1990 that addresses fishing and hunting
19, 2007, season with a daily bag limit canvasbacks.
management and regulation issues of
of two. For snow geese, the Tribe Mergansers: 15 mergansers, including
mutual concern. This agreement enables
proposes a September 24 to December no more than 3 hooded mergansers.
all hunters to utilize waterfowl hunting
29, 2007, season with a daily bag limit Geese: 12 geese.
opportunities on the reservation.
of 20. Coots and Common Moorhens
As in the past, tribal regulations for Similar to the last several years, the (Common Gallinules): 20 coots and
nontribal hunters would be at least as Tribe also requests a sandhill crane common moorhens, singly or in the
restrictive as those established for the season from September 11 to October aggregate.
Pacific Flyway portion of Montana. 17, 2007, with a daily bag limit of three. Sora and Virginia Rails: 25 sora and
Goose season dates would also be at In all cases, except snow geese, the Virginia rails, singly or in the aggregate.
least as restrictive as those established possession limits would be twice the Common Snipe: Eight common snipe.
for the Pacific Flyway portion of daily bag limit. There would be no Woodcock: Three woodcock.
Montana. Shooting hours for waterfowl possession limit for snow geese. Mourning dove: 30 mourning dove.
hunting on the Flathead Reservation are Shooting hours would be from one-half The following general conditions
sunrise to sunset. Steel shot or other hour before sunrise to sunset. apply:
federally approved nontoxic shots are The season and bag limits would be 1. While hunting waterfowl, a tribal
the only legal shotgun loads on the essentially the same as last year, and, as member must carry on his/her person a
reservation for waterfowl or other game such, the Tribe would expect similar valid Ceded Territory License.
birds. harvest. In 1994–95, duck harvest was 2. Shooting hours for migratory birds
For tribal members, the Tribe 48 birds, down from 67 in 1993–94. are one-half hour before sunrise to one-
proposes outside frameworks for ducks Goose harvest during recent past half hour after sunset.
and geese of September 1, 2007, through seasons has been fewer than 100 geese. 3. Except as otherwise noted, tribal
March 9, 2008. Daily bag and possession Total harvest on the reservation in 2000 members will be required to comply
limits were not proposed for tribal was estimated to be 179 ducks and 868 with tribal codes that will be no less
members. geese. restrictive than the provisions of
The requested season dates and bag The Service proposes to approve the Chapter 10 of the Model Off-Reservation
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limits are similar to past regulations. request for special migratory bird Code. Except as modified by the Service
Harvest levels are not expected to hunting regulations for the Crow Creek rules adopted in response to this
change significantly. Standardized Sioux Tribe. We remind the Tribe that proposal, these amended regulations
check station data from the 1993–94 and all sandhill crane hunters are required parallel Federal requirements in 50 CFR
1994–95 hunting seasons indicated no to obtain a Federal sandhill crane part 20 as to hunting methods,
significant changes in harvest levels and permit. As such, the Tribe should transportation, sale, exportation, and

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other conditions generally applicable to not exceed five birds. For mourning ceded land outside Wisconsin. We
migratory bird hunting. doves, snipe and rails, the Tribe believe this is appropriate because the
4. Band members in each zone will proposes a September 1 through treaties in question cover ceded lands in
comply with State regulations providing November 14, 2007, season. The daily Michigan (and Minnesota), as well as in
for closed and restricted waterfowl bag limit would be 10 per species. Wisconsin.
hunting areas. All other Federal regulations Consequently, in view of the above,
5. There are no possession limits on contained in 50 CFR part 20 would we have approved special regulations
any species, unless otherwise noted apply. The Tribe proposes to monitor since the 1987–88 hunting season on
above. For purposes of enforcing bag harvest closely through game bag ceded lands in all three States. In fact,
limits, all migratory birds in the checks, patrols, and mail surveys. this recognition of the principle of
possession or custody of band members Harvest surveys from the 2006–07 reserved treaty rights for band members
on ceded lands will be considered to hunting season indicated that to hunt and fish was pivotal in our
have been taken on those lands unless approximately 15 tribal hunters decision to approve a special 1991–92
tagged by a tribal or State conservation harvested an estimated 112 ducks and season for the 1836 ceded area in
warden as having been taken on- 50 Canada geese. Michigan.
reservation. All migratory birds that fall We propose to approve the Grand For 2007, the GLIFWC proposed off-
on reservation lands will not count as Traverse Band of Ottawa and Chippewa reservation special migratory bird
part of any off-reservation bag or Indians requested 2007–08 special hunting regulations on behalf of the
possession limit. migratory bird hunting regulations. member Tribes of the Voigt Intertribal
The band anticipates harvest will be Task Force of the GLIFWC (for the 1837
(f) Great Lakes Indian Fish and Wildlife
fewer than 500 ducks and geese. and 1842 Treaty areas) and the Bay
Commission, Odanah, Wisconsin (Tribal
We propose to approve the request for Mills Indian Community (for the 1836
Members Only)
special migratory bird hunting Treaty area). Member Tribes of the Task
regulations for the Fond du Lac Band of Since 1985, various bands of the Lake Force are: the Bad River Band of the
Lake Superior Chippewas. Superior Tribe of Chippewa Indians Lake Superior Tribe of Chippewa
have exercised judicially recognized off- Indians, the Lac Courte Oreilles Band of
(e) Grand Traverse Band of Ottawa and reservation hunting rights for migratory Lake Superior Chippewa Indians, the
Chippewa Indians, Suttons Bay, birds in Wisconsin. The specific Lac du Flambeau Band of Lake Superior
Michigan (Tribal Members Only) regulations were established by the Chippewa Indians, the Red Cliff Band of
In the 1995–96 migratory bird Service in consultation with the Lake Superior Chippewa Indians, the St.
seasons, the Grand Traverse Band of Wisconsin Department of Natural Croix Chippewa Indians of Wisconsin,
Ottawa and Chippewa Indians and the Resources and the Great Lakes Indian the Sokaogon Chippewa Community
Service first cooperated to establish Fish and Wildlife Commission (Mole Lake Band), all in Wisconsin; the
special regulations for waterfowl. The (GLIFWC, which represents the various Mille Lacs Band of Chippewa Indians in
Grand Traverse Band is a self-governing, bands). Beginning in 1986, a tribal Minnesota; and the Lac Vieux Desert
federally recognized Tribe located on season on ceded lands in the western Band of Chippewa Indians and the
the west arm of Grand Traverse Bay in portion of the State’s Upper Peninsula Keweenaw Bay Indian Community in
Leelanau County, Michigan. The Grand was developed in coordination with the Michigan.
Traverse Band is a signatory Tribe of the Michigan Department of Natural The GLIFWC 2007 proposal is
Treaty of 1836. We have approved Resources, and we have approved generally similar to last year’s
special regulations for tribal members of special regulations for tribal members in regulations, except that it includes
the 1836 treaty’s signatory Tribes on both Michigan and Wisconsin since the increased bag limits for most species in
ceded lands in Michigan since the 1986–87 hunting season. In 1987, the the 1836, 1837, and 1842 Treaty Areas;
1986–87 hunting season. GLIFWC requested, and we approved, eliminates all species restrictions within
For the 2007–08 season, the Tribe special regulations to permit tribal the bag limit for ducks; lengthens season
requests that the tribal member duck members to hunt on ceded lands in dates for all species except mourning
season run from September 22, 2007, Minnesota, as well as in Michigan and doves and woodcock, from September
through January 21, 2008. A daily bag Wisconsin. The States of Michigan and 15–December 1 to September 1–
limit of 12 would include no more than Wisconsin originally concurred with the December 31; and extends hunting
2 pintail, 2 canvasback, 1 hooded regulations, although Wisconsin has hours until 15 minutes after sunset.
merganser, 3 black ducks, 3 wood raised concerns in the past and More specifically, the proposal includes
ducks, 3 redheads, and 6 mallards (only Michigan now annually raises increasing the daily bag limit for ducks,
3 of which may be hens). objections. Minnesota did not concur in the 1837 and 1842 Treaty Areas, and
For Canada and snow geese, the Tribe with the original regulations, stressing geese, and mergansers in the 1836, 1837
proposes a September 1 through that the State would not recognize and 1842 Treaty Areas to 40, 20, and 10
November 30, 2007, and a January 1 Chippewa Indian hunting rights in birds, respectively (from 20, 10, and 5
through February 8, 2008, season. For Minnesota’s treaty area until a court birds in 2006, respectively). The
white-fronted geese and brant, the Tribe with jurisdiction over the State proposal includes increasing the daily
proposes a September 20 through acknowledges and defines the extent of bag limits for ducks in the 1836 Treaty
November 30, 2007, season. The daily these rights. We acknowledge all of the Area to 20 (from 10 birds in 2006). The
bag limit for all geese (including brant) States’ concerns, but point out that the proposal maintains the daily bag limit
would be five birds. Based on our U.S. Government has recognized the for snipe, woodcock, and mourning
information, it is unlikely that any Indian hunting rights decided in the Lac doves (for mourning dove this applies
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Canada geese from the Southern James Courte Oreilles v. State of Wisconsin only in the 1837 and 1842 Treaty Areas)
Bay Population will be harvested by the (Voigt) case, and that acceptable hunting of 16, 10, and 15 birds, respectively,
Tribe. regulations have been negotiated similar to last year, in the 1836, 1837,
For woodcock, the Tribe proposes a successfully in both Michigan and and 1842 Treaty Areas.
September 1 through November 14, Wisconsin even though the Voigt Under the GLIFWC proposed
2007, season. The daily bag limit will decision did not specifically address regulations, GLIFWC expects total ceded

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50602 Federal Register / Vol. 72, No. 169 / Friday, August 31, 2007 / Proposed Rules

territory harvest to increase by no more participation could increase beyond wood ducks, and 5 canvasbacks. We
than 500 ducks and 150 geese for the their estimates and could result in a believe these species restrictions are
following reasons: conservation impact, particularly on commensurate with the individual
(1) Additional hunting in December is locally-breeding populations, such as species’ population status.
likely to have little impact on harvest wood ducks and mallards. Further,
Expanded Season Dates
levels, due to the high likelihood of ice- based on the GLIFWC’s own harvest
up over most of the ceded territory data, present daily bag limits do not Generally, we have tried to limit the
during this period. appear to be a hindrance or limiting opening date of tribal duck seasons to
(2) A September 1 opening date for factor for Tribal harvest, and increasing around September 15 for a number of
ducks will likely result in a very modest the daily bag limit to 40 ducks would be reasons. Foremost among those reasons
increase in harvest, as hunting pressure far in excess (more than double) of is that opening the tribal season 2–3
remains concentrated to the period anything we currently have experience weeks ahead of a State’s normal season
when additional migrant birds are with regarding tribal migratory bird has the potential to impact locally-
present; hunting regulations. Until we have breeding ducks. In the 1836, 1837 and
(3) Increases in daily bag limits are additional information on which we 1842 Treaty Areas, we believe mallards
likely to affect only a very small number could assess potential impacts, we do and wood ducks would be the most
of hunters, since higher daily bags are not favor increasing daily bag limits for susceptible to potential impacts of early
realized only on very rare occasions; ducks to the extent GLIFWC has September hunting. Birds are naive to
(4) Removal of species restrictions proposed. In an effort to obtain the the gun at this time prior to the opening
may lead to a modest increase in necessary information, we are willing to of the general gun season and that could
harvest, however, removal of these allow a pilot expansion of the daily bag increase the potential for large harvests
restrictions will help stem the loss of limit to 30 birds per day in the 1837 and of resident breeding birds. Thus, we
the waterfowl hunting tradition among 1842 Treaty Areas. We are proposing believe that expanding early September
individuals who fear inadvertently this with the understanding that we will duck hunting in the 1836, 1837 and
violating species restrictions; and need to closely monitor tribal harvest 1842 Treaty Areas would not be in the
(5) Extension of hunting hours will through either GLIFWC’s own increased best interest of the resource. However,
make waterfowl hunting hours harvest surveys or GLIFWC’s assisting we have less concern about allowing the
consistent with most other tribal the Service to survey tribal hunters. extension on the end of the season for
hunting hours. Concern about species We do support the proposals for the month of December and support this
identification under somewhat lower increasing the daily bag limits for ducks portion of their proposal. In most
light conditions is addressed by in the 1836 Treaty Area to bring them instances, many waterfowl will have
removing species restrictions in the more in line with our proposed GLIFWC already migrated.
daily bag limits. daily bag limits for ducks in the 1837 Expanded Shooting Hours
Given these factors, the Tribe expects and 1842 Treaty Areas. Further, we also
harvest would likely remain below support the proposals for increasing the Normally, shooting hours for
5,000 ducks and 1,000 geese, which is daily bag limits for geese in the 1837, migratory game birds are one-half hour
similar to anticipated levels in previous 1842, and 1836 Treaty Areas. Given the before sunrise to sunset. A number of
years. limited goose harvest and the Flyway- reasons and concerns have been cited
Recent GLIFWC harvest surveys wide effort to increase the harvest of for extending shooting hours past
(1996–98, 2001, and 2004) indicate that resident Canada geese, we see no sunset. Potential impacts to some
tribal off-reservation waterfowl harvest potential conservation impacts with this locally breeding populations (e.g., wood
has averaged less than 1,000 ducks and part of the proposal. ducks), hunter safety, difficulty of
120 geese annually. In the latest survey identifying birds, retrieval of downed
year (2004), an estimated 53 hunters Removal of Species Restrictions birds, and impacts on law enforcement
took an estimated 421 trips and We have several concerns with are some of the normal concerns raised
harvested 645 ducks (1.5 ducks per trip) GLIFWC’s proposal for removal of all when discussing potential expansions of
and 84 geese (0.2 geese per trip). species restrictions within the overall shooting hours. However, despite these
Further, in the last 5 years of harvest duck daily bag limits in the 1837, 1842, concerns, we support the proposal for
surveys, only one hunter reported and 1836 Treaty Areas. We have a expanding the shooting hours by 15
harvesting 20 ducks in a single day. number of duck species that are minutes after sunset in the 1837, 1842,
Analysis of hunter survey data over the showing long term downward and 1836 Treaty Areas. We have
period in question (1996–2004) population trends (scaup, pintails, and previously supported this in other tribal
indicates a general downward trend in black ducks), and others for which an areas and have not been made aware of
both harvest and hunter participation. increased daily bag limit of 30 birds per any wide-scale problems. Further, we
While we acknowledge that tribal day could potentially have conservation believe the continuation of a specific
harvest and participation has declined impacts (canvasbacks), particularly on species restriction within the daily bag
in recent years, we do not believe that locally-breeding ducks (mallards and limit for mallards, and the
the GLIFWC’s proposal for tribal wood ducks). Overharvest of these implementation of a species restriction
waterfowl seasons on ceded lands in species in localized areas due to within the daily bag limit for wood
Wisconsin, Michigan, and Minnesota for removal of species restrictions could ducks, will allay potential conservation
the 2007 season is the best plan for contribute to long term declines. concerns for these species. We realize
increasing tribal participation. More Removal of species restrictions on these that this proposal, when implemented
species would be inconsistent with our with all the other proposed changes in
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specific discussion follows below.


current conservation concerns. Thus, we GLIFWC’s tribal seasons, could have
Overall Daily Bag Limit for Waterfowl propose the following species conservation impacts. Thus, we are
Based on the current proposal, restrictions within the overall daily bag supporting this with the understanding
GLIFWC is estimating a relatively small limit in all three of the Treaty Areas: 10 that we will need to closely monitor
additional duck harvest (1000 to 1500). mallards (only 5 of which may be hens), tribal harvest through either GLIFWC’s
However, it is possible that hunter 5 black ducks, 5 scaup, 5 pintails, 5 own increased harvest surveys or

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GLIFWC’s assisting the Service to scaup, 5 pintails, 5 wood ducks, and 5 2. Tribal members in each zone will
survey tribal hunters. canvasbacks. comply with tribal regulations
Mergansers: All Ceded Areas: providing for closed and restricted
Summary
Season Dates: Begin September 15 waterfowl hunting areas. These
In summary, given the above and end December 31, 2007. regulations generally incorporate the
information, we believe that the Daily Bag Limit: 10 mergansers. same restrictions contained in parallel
regulations advanced by the GLIFWC for Geese: All Ceded Areas: State regulations.
the 2007–08 hunting season are not in Season Dates: Begin September 1 and 3. Possession limits for each species
the best interests of the migratory bird end December 31, 2007. In addition, any are double the daily bag limit, except on
resource. However, we propose the portion of the ceded territory that is the opening day of the season, when the
approval of an increased bag limit for open to State-licensed hunters for goose possession limit equals the daily bag
ducks in the 1836 Treaty Area; hunting after December 1 will also be limit, unless otherwise noted above.
increased bag limits for geese in the open concurrently for tribal members. Possession limits are applicable only to
1836, 1837, and 1842 Treaty Areas; Daily Bag Limit: 20 geese in aggregate. transportation and do not include birds
lengthened season dates for all species Other Migratory Birds: that are cleaned, dressed, and at a
except mourning doves and woodcock, A. Coots and Common Moorhens member’s primary residence. For
from December 1–December 31; and (Common Gallinules): purposes of enforcing bag and
extended hunting hours until 15 Season Dates: Begin September 1 and possession limits, all migratory birds in
minutes after sunset. In addition, we end December 31, 2007. the possession and custody of tribal
propose a pilot bag limit increase for Daily Bag Limit: 20 coots and members on ceded lands will be
ducks in the 1837 and 1842 Treaty common moorhens (common considered to have been taken on those
Areas. As we stated last year (71 FR gallinules), singly or in the aggregate. lands unless tagged by a tribal or State
55076, September 20, 2006), we are B. Sora and Virginia Rails: conservation warden as taken on
willing to meet with the GLIFWC to Season Dates: Begin September 1 and reservation lands. All migratory birds
explore possible ways to increase tribal end December 31, 2007. that fall on reservation lands will not
participation in migratory bird hunting Daily Bag Limit: 20, singly or in the count as part of any off-reservation bag
opportunities. Further, we appreciate aggregate. or possession limit.
the opportunity we had to meet with the C. Common Snipe: 4. The baiting restrictions included in
Tribes last winter to discuss the mutual Season Dates: Begin September 15 the respective sections 10.05(2)(h) of the
concerns we have for the migratory bird and end December 1, 2007. model ceded territory conservation
resource and future hunting Daily Bag Limit: 16 common. codes will be amended to include
opportunities. We note that GLIFWC’s D. Woodcock: language which parallels that in place
proposal this year clearly responds to Season Dates: Begin September 5 and for non-tribal members as published at
some of the important concerns we end December 1, 2007. 64 FR 29799, June 3, 1999.
expressed at that time. Daily Bag Limit: 10 woodcock. 5. The shell limit restrictions
The Commission and the Service are E. Mourning Dove: 1837 and 1842 included in the respective sections
parties to a Memorandum of Agreement Ceded Territories. 10.05(2)(b) of the model ceded territory
(MOA) designed to facilitate the ongoing Season Dates: Begin September 1 and conservation codes will be removed.
enforcement of Service-approved tribal end October 30, 2007. 6. Hunting hours shall be from a half
migratory bird regulations. Its intent is Daily Bag Limit: 15. hour before sunrise to 15 minutes after
to provide long-term cooperative sunset.
General Conditions D. Michigan—Duck Blinds and
application.
Also, as in recent seasons, the A. All tribal members will be required Decoys. Tribal members hunting in
proposal contains references to Chapter to obtain a valid tribal waterfowl Michigan will comply with tribal codes
10 of the Migratory Bird Harvesting hunting permit. that contain provisions parallel to
Regulations of the Model Off- B. Except as otherwise noted, tribal Michigan law regarding duck blinds and
Reservation Conservation Code. Chapter members will be required to comply decoys.
10 regulations parallel State and Federal with tribal codes that will be no less
restrictive than the model ceded (g) Jicarilla Apache Tribe, Jicarilla
regulations and, in effect, are not Indian Reservation, Dulce, New Mexico
changed by this proposal. territory conservation codes approved
by Federal courts in the Lac Courte (Tribal Members and Nontribal Hunters)
The proposed 2007–08 waterfowl
hunting season regulations for GLIFWC Oreilles v. State of Wisconsin (Voigt) The Jicarilla Apache Tribe has had
are as follows: and Mille Lacs Band v. State of special migratory bird hunting
Ducks: Minnesota cases. Chapter 10 in each of regulations for tribal members and
A. Wisconsin and Minnesota 1837 these model codes regulates ceded nonmembers since the 1986–87 hunting
and 1842 Treaty Areas: territory migratory bird hunting. Both season. The Tribe owns all lands on the
Season Dates: Begin September 15 versions of Chapter 10 parallel Federal reservation and has recognized full
and end December 31, 2007. requirements as to hunting methods, wildlife management authority. In
Daily Bag Limit: 30 ducks, including transportation, sale, exportation and general, the proposed seasons would be
no more than 10 mallards (only 5 of other conditions generally applicable to more conservative than allowed by the
which may be hens), 5 black ducks, 5 migratory bird hunting. They also Federal frameworks of last season and
scaup, 5 pintails, 5 wood ducks, and 5 automatically incorporate by reference by States in the Pacific Flyway.
canvasbacks. The Tribe proposed a 2007–08
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the Federal migratory bird regulations


B. Michigan 1836 Treaty Area: adopted in response to this proposal. waterfowl and Canada goose season
Season Dates: Begin September 15 C. Particular regulations of note beginning with the earliest possible
and end December 31, 2007. include: opening date in the Pacific Flyway
Daily Bag Limit: 20 ducks, including 1. Nontoxic shot will be required for States, October 13, 2007, and a closing
no more than 10 mallards (only 5 of all off-reservation waterfowl hunting by date of November 30, 2007. Daily bag
which may be hens), 5 black ducks, 5 tribal members. and possession limits for waterfowl

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50604 Federal Register / Vol. 72, No. 169 / Friday, August 31, 2007 / Proposed Rules

would be the same as Pacific Flyway approximately 101 days. Hunters should Federal Government, the State of
States. The Tribe proposes a daily bag obtain further information on specific Oregon, and the Klamaths. The Klamath
limit for Canada geese of two. Other hunt days from the Kalispel Tribe. Indian Game Commission sets the
regulations specific to the Pacific The Tribe also requests the season for seasons. The tribal biological staff and
Flyway guidelines for New Mexico geese run from September 1 to tribal Regulatory Enforcement Officers
would be in effect. September 16, 2007, and from October monitor tribal harvest by frequent bag
During the Jicarilla Game and Fish 1, 2007, to January 31, 2008. Total checks and hunter interviews.
Department’s 2006–07 season, estimated number of days would not exceed 107. For the 2007–08 season, the Tribe
duck harvest was 496, which is within Nontribal hunters should obtain further requests proposed season dates of
the historical harvest range. The species information on specific hunt days from October 1, 2007, through January 28,
composition in the past has included the Tribe. Daily bag and possession 2008. Daily bag limits would be nine for
mainly mallards, gadwall, wigeon, and limits would be the same as those for ducks and six for geese, with possession
teal. Northern pintail comprised 1 the State of Washington. limits twice the daily bag limit. The
percent of the total harvest in 2006. The The Tribe reports a 2006–07 nontribal daily bag and possession limit for coots
estimated harvest of geese was 9 birds. harvest of 70 ducks. Under the proposal, would be 25. Shooting hours would be
The proposed regulations are the Tribe expects harvest to be similar one-half hour before sunrise to one-half
essentially the same as were established to last year and less than 100 geese and hour after sunset. Steel shot is required.
last year. The Tribe anticipates the 200 ducks. Based on the number of birds
maximum 2007–08 waterfowl harvest All other State and Federal produced in the Klamath Basin, this
would be around 300–400 ducks and regulations contained in 50 CFR part 20, year’s harvest would be similar to last
10–25 geese. such as use of nontoxic shot and year’s. Information on tribal harvest
We propose to approve the Tribe’s possession of a signed migratory bird suggests that more than 70 percent of
requested 2007–08 hunting seasons. hunting stamp, would be required. the annual goose harvest is local birds
For tribal members on Kalispel-ceded produced in the Klamath Basin.
(h) Kalispel Tribe, Kalispel Reservation, lands, the Kalispel propose outside
Usk, Washington (Tribal Members and We propose to approve the Klamath
frameworks for ducks and geese of Tribe’s requested 2007–08 special
Nontribal Hunters) September 1, 2007, through January 31, migratory bird hunting regulations.
The Kalispel Reservation was 2008. The Tribe requests that both duck
established by Executive Order in 1914, and goose seasons open at the earliest (j) Leech Lake Band of Ojibwe, Cass
and currently comprises approximately possible date and close on the latest Lake, Minnesota (Tribal Members Only)
4,600 acres. The Tribe owns all date under Federal frameworks. The Leech Lake Band of Ojibwe is a
Reservation land and has full However, during that period, the Tribe federally recognized Tribe located in
management authority. The Kalispel proposes that the season run Cass Lake, Minnesota. The reservation
Tribe has a fully developed wildlife continuously. Daily bag and possession employs conservation officers to enforce
program with hunting and fishing limits would be concurrent with the conservation regulations. The Service
codes. The Tribe enjoys excellent Federal rule. and the Tribe have cooperatively
wildlife management relations with the The Tribe reports that there was no established migratory bird hunting
State. The Tribe and the State have an tribal harvest. Under the proposal, the regulations since 2000.
operational Memorandum of Tribe expects harvest to be less than 500 For the 2007–08 season, the Tribe
Understanding with emphasis on birds for the season with less than 200 requests a duck season starting on
fisheries but also for wildlife. geese. Tribal members would be September 22 and ending December 31,
The nontribal member seasons required to possess a signed Federal 2007, and a goose season to run from
described below pertain to a 176-acre migratory bird stamp and a tribal ceded September 1 through December 31,
waterfowl management unit and 800 lands permit. 2007. Daily bag limits for both ducks
acres of reservation land with a guide We propose to approve the and geese would be 10. Possession
for waterfowl hunting. The Tribe is regulations requested by the Kalispel limits would be twice the daily bag
utilizing this opportunity to rehabilitate Tribe, provided that the nontribal limit. Shooting hours are one-half hour
an area that needs protection because of seasons conform to Treaty limitations before sunrise to one-half hour after
past land use practices, as well as to and final Federal frameworks for the sunset.
provide additional waterfowl hunting in Pacific Flyway. All seasons for nontribal The annual harvest by tribal members
the area. Beginning in 1996, the hunters must conform with the 107-day on the Leech Lake Reservation is
requested regulations also included a maximum season length established by estimated at 500–1,000 birds.
proposal for Kalispel-member-only the Treaty. We propose to approve the Leech
migratory bird hunting on Kalispel- Lake Band of Ojibwe’s special migratory
(i) Klamath Tribe, Chiloquin, Oregon
ceded lands within Washington, bird hunting season.
(Tribal Members Only)
Montana, and Idaho.
For the 2007–08 migratory bird The Klamath Tribe currently has no (k) Little River Band of Ottawa Indians,
hunting seasons, the Kalispel Tribe reservation, per se. However, the Manistee, Michigan (Tribal Members
proposed tribal and nontribal member Klamath Tribe has reserved hunting, Only)
waterfowl seasons. The Tribe requests fishing, and gathering rights within its The Little River Band of Ottawa
that both duck and goose seasons open former reservation boundary. This area Indians is a self-governing, federally
at the earliest possible date and close on of former reservation, granted to the recognized Tribe located in Manistee,
the latest date under Federal Klamaths by the Treaty of 1864, is over Michigan, and a signatory Tribe of the
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frameworks. 1 million acres. Tribal natural resource Treaty of 1836. We have approved
For nontribal hunters, the Tribe management authority is derived from special regulations for tribal members of
requests that the season for ducks begin the Treaty of 1864, and carried out the 1836 treaty’s signatory Tribes on
September 22, 2007, and end January cooperatively under the judicially ceded lands in Michigan since the
31, 2008. In that period, nontribal enforced Consent Decree of 1981. The 1986–87 hunting season. Ceded lands
hunters would be allowed to hunt parties to this Consent Decree are the are located in Lake, Mason, Manistee,

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and Wexford Counties. The Band (l) The Little Traverse Bay Bands of regulations for the Lower Brule
proposes the following regulations to Odawa Indians, Petoskey, Michigan Reservation in 1994. The Lower Brule
govern the hunting of migratory birds by (Tribal Members Only) Reservation is about 214,000 acres in
Tribal members within the 1836 Ceded The Little Traverse Bay Bands of size and is located on and adjacent to
Territory as well as on the Band’s Odawa Indians is a self-governing, the Missouri River, south of Pierre. Land
Reservation. federally recognized Tribe located in ownership on the reservation is mixed,
For the 2007–08 season, the Little Petoskey, Michigan, and a signatory and until recently, the Lower Brule
River Band of Ottawa Indians proposes Tribe of the Treaty of 1836. We have Tribe had full management authority
a duck and merganser season from approved special regulations for tribal over fish and wildlife via an MOA with
September 15, 2007, through January 20, members of the 1836 treaty’s signatory the State of South Dakota. The MOA
2008. A daily bag limit of 12 ducks Tribes on ceded lands in Michigan since provided the Tribe jurisdiction over fish
would include no more than 2 pintail, the 1986–87 hunting season. and wildlife on reservation lands,
2 canvasback, 3 black duck, 3 wood For the 2007–08 season, the Little including deeded and Corps of
ducks, 3 redheads, 6 mallards (only 2 of Traverse Bay Bands of Odawa Indians Engineers-taken lands. For the 2007–08
which may be a hen), and 1 hooded propose regulations similar to those of season, the two parties have come to an
merganser. Possession limits would be other Tribes in the 1836 treaty area. The agreement that provides the public a
twice the daily bag limit. tribal member duck, merganser, coot, clear understanding of the Lower Brule
For white-fronted geese, snow geese, and gallinule season would run from Sioux Wildlife Department license
and brant, the Tribe proposes a September 15, 2007, through January 20, requirements and hunting season
September 20 through November 30, 2008. A daily bag limit of 12 would regulations. The Lower Brule
2007, season. Daily bag limits would be include no more than 2 pintail, 2 Reservation waterfowl season is open to
five geese. canvasback, 1 hooded merganser, 3 tribal and non-tribal hunters.
black ducks, 3 wood ducks, 3 redheads, For the 2007–08 migratory bird
For Canada geese only, the Tribe hunting season, the Lower Brule Sioux
proposes a September 1, 2007, through and 6 mallards (only 3 of which may be
hens). Tribe proposes a nontribal member
February 8, 2008, season with a daily duck, merganser, and coot season length
bag limit of five Canada geese. The For Canada geese, the Tribe proposes
a September 1, 2007, through February of 97 days, the same number of days
possession limit would be twice the tentatively allowed under the liberal
daily bag limit. 8, 2008, season. For white-fronted geese,
brant, and snow geese, the Tribe regulatory alternative in the High Plains
For snipe, woodcock, rails, and Management Unit for this season. The
proposes a September 1 through
mourning doves, the Tribe proposes a Tribe proposes a season from October
November 30, 2007, season. The daily
September 1 to November 14, 2007, 13, 2007, through January 17, 2008. The
bag limit for Canada geese would be 5
season. The daily bag limit would be 10 daily bag limit would be six birds,
birds, and for snow geese, brant, and
common snipe, 5 woodcock, 10 rails, including no more than five mallards
white-fronted geese, 10 birds. Based on
and 10 mourning doves. Possession our information, it is unlikely that any (only one of which may be a hen), one
limits for all species would be twice the Canada geese from the Southern James pintail, two redheads, two wood ducks,
daily bag limit. Bay Population would be harvested by three scaup, and one mottled duck. The
The Tribe monitored harvest through the Tribe. Possession limits are twice canvasback season for nontribal hunters
mail surveys. General Conditions were the daily bag limit. is closed. The daily bag limit for
as follows: For woodcock, the Tribe proposes a mergansers would be five, only one of
A. All tribal members will be required September 1, 2007, to November 14, which could be a hooded merganser.
to obtain a valid tribal resource card and 2007, season. The daily bag limit will The daily bag limit for coots would be
2007–08 hunting license. not exceed five birds. For snipe, 15. Possession limits would be twice the
B. Except as modified by the Service mourning doves, and sora rail, the Tribe daily bag limits.
rules adopted in response to this proposes a September 1 to November The Tribe’s proposed nontribal
proposal, these amended regulations 14, 2007, season. The daily bag limit member Canada goose season would run
parallel all Federal regulations will not exceed 10 birds per species. from October 27, 2007, through
contained in 50 CFR part 20. The possession limit will not exceed February 10, 2008 (107 day season
C. Particular regulations of note two days’ bag limit for all birds. All length), with a daily bag limit of three
include: other Federal regulations contained in Canada geese. The Tribe’s proposed
50 CFR part 20 would apply. nontribal member white-fronted goose
(1) Nontoxic shot will be required for season would run from October 13,
all waterfowl hunting by tribal The Tribe proposes to monitor harvest
closely through game bag checks, 2007, through December 23, 2007, with
members. a daily bag limit of two white-fronted
patrols, and mail surveys. In particular,
(2) Tribal members in each zone will geese. The Tribe’s proposed nontribal
the Tribe proposes monitoring the
comply with tribal regulations member light goose season would run
harvest of Southern James Bay Canada
providing for closed and restricted from October 13, 2007, through January
geese to assess any impacts of tribal
waterfowl hunting areas. These 13, 2008, and February 26 through
hunting on the population.
regulations generally incorporate the We propose to approve the Little March 10, 2008. The light goose daily
same restrictions contained in parallel Traverse Bay Bands of Odawa Indians’ bag limit would be 20. Possession limits
State regulations. requested 2007–08 special migratory would be twice the daily bag limits.
D. Tribal members hunting in bird hunting regulations. For tribal members, the Lower Brule
Michigan will comply with tribal codes Sioux Tribe proposes a duck, merganser,
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that contain provisions parallel to (m) Lower Brule Sioux Tribe, Lower and coot season from September 22,
Michigan law regarding duck blinds and Brule Reservation, Lower Brule, South 2007, through March 10, 2008. The
decoys. Dakota (Tribal Members and Nontribal daily bag limit would be five birds,
We propose to approve Little River Hunters) including no more than five mallards
Band of Ottawa Indians’ special The Lower Brule Sioux Tribe first (only one of which may be a hen), one
migratory bird hunting seasons. established tribal migratory bird hunting pintail, two redheads, one canvasback,

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50606 Federal Register / Vol. 72, No. 169 / Friday, August 31, 2007 / Proposed Rules

two wood ducks, two scaup, and one 2007–08 season. The Tribe has a State of Washington Game Management
mottled duck. The daily bag limit for reservation on the Olympic Peninsula in Units 601–603 and 607.
mergansers would be five, only two of Washington State and is a successor to The Makah Indian Tribe proposes a
which could be hooded mergansers. The the signatories of the Treaty of Point No duck and coot hunting season from
daily bag limit for coots would be 15. Point of 1855. September 22, 2007, to January 20,
Possession limits would be twice the For the 2007–08 season, the Lower 2008. The daily bag limit is seven
daily bag limits. Elwha Klallam Tribe requests a duck ducks, including no more than one
The Tribe’s proposed Canada goose and coot season from September 22, canvasback, one pintail, three scaup,
season for tribal members would run 2007, to December 30, 2007. The daily and one redhead. The daily bag limit for
from October 13, 2007, through March bag limit will be seven ducks including coots is 25. The Tribe has a year-round
10, 2008, with a daily bag limit of three no more than two hen mallards, one closure on wood ducks and harlequin
Canada geese. The Tribe’s proposed pintail, one canvasback, and two ducks. Shooting hours for all species of
white-fronted goose tribal season would redheads. The daily bag and possession waterfowl are one-half hour before
run from October 6, 2007, through limit on harlequin duck will be one per sunrise to sunset.
March 10, 2008, with a daily bag limit season. The coot daily bag limit will be For geese, the Tribe proposes the
of two white-fronted geese. The Tribe’s 25. The possession limit will be twice season open on September 22, 2007, and
proposed light goose tribal season the daily bag limit, except as noted close January 20, 2008. The daily bag
would run from October 13, 2007, above. limit for geese is four and one brant. The
through March 10, 2008. The light goose For geese, the Tribe requests a season Tribe notes that there is a year-round
daily bag limit would be 20. Possession from September 22, 2007, to December closure on Aleutian and Dusky Canada
limits would be twice the daily bag 30, 2007. The daily bag limit will be geese.
limits. four, including no more than three light For band-tailed pigeons, the Tribe
In the 2006–07 season, hunters geese. The season on Aleutian Canada proposes the season open September 1,
harvested an estimated 1,886 geese and geese will be closed. 2007, and close October 31, 2007. The
929 ducks. In the 2006–07 season, duck For brant, the Tribe proposes a season daily bag limit for band-tailed pigeons is
harvest species composition was from November 1, 2007, to February 15, two.
primarily mallard (85 percent), gadwall 2008, with a daily bag limit of two. The The Tribe anticipates that harvest
(6 percent), green-winged teal (2 possession limit will be twice the daily under this regulation will be relatively
percent), blue-winged teal (1 percent), bag limit. low since there are no known dedicated
and wigeon (4 percent). For mourning doves, band-tailed waterfowl hunters and any harvest of
Goose harvest species composition in pigeon, and snipe, the Tribe requests a waterfowl or band-tailed pigeons is
2006–07 at Mni Sho Sho was season from September 22, 2007, to usually incidental to hunting for other
approximately 90 percent Canada geese, December 30, 2007, with a daily bag species, such as deer, elk, and bear. The
8 percent snow geese, and 2 percent limit of 10, 2, and 8, respectively. The Tribe expects fewer than 50 ducks and
white-fronted geese. Harvest of geese possession limit will be twice the daily 10 geese to be harvested during the
harvested by other hunters was bag limit. 2007–08 migratory bird hunting season.
approximately 97 percent Canada geese All Tribal hunters authorized to hunt All other Federal regulations
and 3 percent snow geese. migratory birds are required to obtain a contained in 50 CFR part 20 would
The Tribe anticipates a duck harvest tribal hunting permit from the Lower apply. The following restrictions are
similar to those of the previous three Elwha Klallam Tribe pursuant to tribal also proposed by the Tribe:
years and a goose harvest below the law. Hunting hours would be from one- (1) As per Makah Ordinance 44, only
target harvest level of 3,000 to 4,000 half hour before sunrise to sunset. Only shotguns may be used to hunt any
geese. All basic Federal regulations steel, tungsten-iron, tungsten-polymer, species of waterfowl. Additionally,
contained in 50 CFR part 20, including tungsten-matrix, and tin shot are shotguns must not be discharged within
the use of steel shot, Migratory allowed for hunting waterfowl. It is 0.25 miles of an occupied area;
Waterfowl Hunting and Conservation unlawful to use or possess lead shot (2) Hunters must be eligible, enrolled
Stamp, etc., would be observed by the while hunting waterfowl. Makah tribal members and must carry
Tribe’s proposed regulations. In The Tribe typically anticipates their Indian Treaty Fishing and Hunting
addition, the Lower Brule Sioux Tribe harvest to be fewer than 50 birds. Tribal Identification Card while hunting. No
has an official Conservation Code that reservation police and Tribal Fisheries tags or permits are required to hunt
was established by Tribal Council enforcement officers have the authority waterfowl;
Resolution in June 1982 and updated in to enforce these migratory bird hunting (3) The Cape Flattery area is open to
1996. regulations. waterfowl hunting, except in designated
We propose to approve the Tribe’s The Service proposes to approve the wilderness areas, or within one mile of
requested regulations for the Lower request for special migratory bird Cape Flattery Trail, or in any area that
Brule Reservation. hunting regulations for the Lower Elwha is closed to hunting by another
Klallam Tribe. ordinance or regulation;
(n) Lower Elwha Klallam Tribe, Port
(4) The use of live decoys and/or
Angeles, Washington (Tribal Members (o) Makah Indian Tribe, Neah Bay,
baiting to pursue any species of
Only) Washington (Tribal Members Only)
waterfowl is prohibited;
Since 1996, the Service and the Point The Makah Indian Tribe and the (5) Steel or bismuth shot only for
No Point Treaty Tribes, of which Lower Service have been cooperating to waterfowl is allowed; the use of lead
Elwha was one, have cooperated to establish special regulations for
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shot is prohibited; and


establish special regulations for migratory game birds on the Makah (6) The use of dogs is permitted to
migratory bird hunting. The Tribes are Reservation and traditional hunting hunt waterfowl.
now acting independently and the land off the Makah Reservation since We propose to approve the Makah
Lower Elwha Klallam Tribe would like the 2001–02 hunting season. Lands off Indian Tribe’s requested 2007–08
to establish migratory bird hunting the Makah Reservation are those special migratory bird hunting
regulations for tribal members for the contained within the boundaries of the regulations.

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Federal Register / Vol. 72, No. 169 / Friday, August 31, 2007 / Proposed Rules 50607

(p) Navajo Nation, Navajo Indian regulations for migratory bird hunting The Service proposes to approve the
Reservation, Window Rock, Arizona by tribal and non-tribal hunters within request for special migratory bird
(Tribal Members and Nontribal Hunters) the original Oneida Reservation hunting regulations for the Oneida Tribe
Since 1985, we have established boundaries. Since 1985, the Oneida of Indians of Wisconsin.
uniform migratory bird hunting Tribe’s Conservation Department has
(r) Shoshone-Bannock Tribes, Fort Hall
regulations for tribal members and enforced the Tribe’s hunting regulations
Indian Reservation, Fort Hall, Idaho
nonmembers on the Navajo Indian within those original reservation limits.
(Nontribal Hunters)
The Oneida Tribe also has a good
Reservation (in parts of Arizona, New Almost all of the Fort Hall Indian
working relationship with the State of
Mexico, and Utah). The Navajo Nation Reservation is tribally owned. The
Wisconsin and the majority of the
owns almost all lands on the reservation Tribes claim full wildlife management
seasons and limits are the same for the
and has full wildlife management authority throughout the reservation,
Tribe and Wisconsin.
authority. In a April 27, 2007, letter, the Tribe but the Idaho Fish and Game
For the 2007–08 season, the Navajo proposed special migratory bird hunting Department has disputed tribal
Nation requests special migratory bird regulations. For ducks, the Tribe jurisdiction, especially for hunting by
hunting regulations on the reservation described the general outside dates as non-tribal members on reservation lands
for both tribal and nontribal hunters for being September 22 through December owned by non-Indians. As a
the 2007–08 hunting season for ducks 9, 2007, with a closed segment of compromise, since 1985, we have
(including mergansers), Canada geese, November 17 to 25, 2007. The Tribe established the same waterfowl hunting
coots, band-tailed pigeons, and proposes a daily bag limit of six birds, regulations on the reservation and in a
mourning doves. For ducks, mergansers, which could include no more than six surrounding off-reservation State zone.
Canada geese, and coots, the Tribe mallards (three hen mallards), six wood The regulations were requested by the
requests the earliest opening dates and duck, one redhead, two pintail, and one Tribes and provided for different season
longest seasons, and the same daily bag hooded merganser. dates than in the remainder of the State.
and possession limits allowed to Pacific For geese, the Tribe requests a season We agreed to the season dates because
Flyway States under final Federal between September 1 and December 31, they seemed to provide additional
frameworks. 2007, with a daily bag limit of three protection to mallards and pintails. The
For both mourning dove and band- Canada geese. Hunters will be issued State of Idaho concurred with the
tailed pigeons, the Navajo Nation three tribal tags for geese in order to zoning arrangement. We have no
proposes seasons of September 1 monitor goose harvest. An additional objection to the State’s use of this zone
through September 30, 2007, with daily three tags will be issued each time birds again in the 2007–08 hunting season,
bag limits of 10 and 5, respectively. are registered. The Tribe will close the provided the duck and goose hunting
Possession limits would be twice the season November 17 to 25, 2007. If a season dates are the same as on the
daily bag limits. quota of 300 geese is attained before the reservation.
The Nation requires tribal members season concludes, the Tribe will In a proposal for the 2007–08 hunting
and nonmembers to comply with all recommend closing the season early. season, the Shoshone-Bannock Tribes
basic Federal migratory bird hunting For woodcock, the Tribe proposes a requested a continuous duck (including
regulations in 50 CFR part 20 pertaining season between September 8 and mergansers) season, with the maximum
to shooting hours and manner of taking. November 11, 2007, with a daily bag number of days and the same daily bag
In addition, each waterfowl hunter 16 and possession limit of 5 and 10, and possession limits permitted for
years of age or over must carry on his/ respectively. Pacific Flyway States under final
her person a valid Migratory Bird For mourning dove, the Tribe Federal frameworks. The Tribes propose
Hunting and Conservation Stamp (Duck proposes a season between September 1 that, if the same number of hunting days
Stamp), which must be signed in ink and November 11, 2007, with a daily is permitted as last year, the season
across the face. Special regulations bag and possession limit of 10 and 20, would have an opening date of October
established by the Navajo Nation also respectively. 7, 2007, and a closing date of January
apply on the reservation. The Tribe proposes shooting hours be 19, 2008. Coot and snipe season dates
The Tribe anticipates a total harvest of one-half hour before sunrise to one-half would be the same as for ducks, with
fewer than 500 mourning doves; 20 hour after sunset. Nontribal hunters the same daily bag and possession limits
band-tailed pigeons; 1,000 ducks, coots, hunting on the Reservation or on lands permitted for Pacific Flyway States. The
and mergansers; and 1,000 Canada geese under the jurisdiction of the Tribe must Tribes anticipate harvest will be
for the 2007–08 season. Harvest will be comply with all State of Wisconsin between 2,000 and 5,000 ducks.
measured by mail survey forms. regulations, including shooting hours of The Tribes also requested a
Through the established Tribal Nation one-half hour before sunrise to sunset, continuous goose season with the
Code, Title 17 and 18 U.S.C. 1165, the season dates, and daily bag limits. maximum number of days and the same
Tribe will take action to close the Tribal members and nontribal hunters daily bag and possession limits
season, reduce bag limits, or take other hunting on the Reservation or on lands permitted in Idaho under Federal
appropriate actions if the harvest is under the jurisdiction of the Tribe must frameworks. The Tribes propose that, if
detrimental to the migratory bird observe all basic Federal migratory bird the same number of hunting days is
resource. hunting regulations found in 50 CFR permitted as in previous years, the
We propose to approve the Navajo part 20, with the following exceptions: season would have an opening date of
Nation’s special migratory bird season. Oneida members would be exempt from October 7, 2007, and a closing date of
the purchase of the Migratory Waterfowl January 19, 2008. The Tribes anticipate
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(q) Oneida Tribe of Indians of Hunting and Conservation Stamp (Duck harvest will be between 4,000 and 6,000
Wisconsin, Oneida, Wisconsin (Tribal Stamp); and shotgun capacity is not geese.
Members Only) limited to three shells. Tribal member The Tribe requests a common snipe
Since 1991–92, the Oneida Tribe of shooting hours will be from one-half season with the maximum number of
Indians of Wisconsin and the Service hour before sunset to one-half hour after days and the same daily bag and
have cooperated to establish uniform sunset. possession limits permitted in Idaho

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50608 Federal Register / Vol. 72, No. 169 / Friday, August 31, 2007 / Proposed Rules

under Federal frameworks. The Tribes tungsten-matrix, and tin shot are 1855, including their main hunting
propose that, if the same number of allowed for hunting waterfowl. It is grounds around Camano Island, Skagit
hunting days is permitted as in previous unlawful to use or possess lead shot Flats, and Port Susan to the border of
years, the season would have an while hunting waterfowl. the Tulalip Tribes Reservation. Ceded
opening date of October 7, 2007, and a The Tribe anticipates harvest to be lands are located in Whatcom, Skagit,
closing date of January 19, 2008. fewer than 150 birds. The Skokomish Snohomish, and Kings Counties, and a
Nontribal hunters must comply with Public Safety Office enforcement portion of Pierce County, Washington.
all basic Federal migratory bird hunting officers have the authority to enforce The Stillaguamish Tribe of Indians is a
regulations in 50 CFR part 20 pertaining these migratory bird hunting federally recognized Tribe and reserves
to shooting hours, use of steel shot, and regulations. the Treaty Right to hunt (U.S. v.
manner of taking. Special regulations We propose to approve the Washington).
established by the Shoshone-Bannock Skokomish Tribe’s requested migratory The Tribe proposes that duck
Tribes also apply on the reservation. bird hunting season. (including mergansers) and goose
We note that the requested regulations seasons run from October 1, 2007, to
are nearly identical to those of last year (t) Squaxin Island Tribe, Squaxin Island
Reservation, Shelton, Washington February 15, 2008. The daily bag limit
and propose they be approved for the on ducks (including sea ducks and
2007–08 hunting season. (Tribal Members Only)
mergansers) is 10 and must include no
The Squaxin Island Tribe of more than 7 mallards (only 3 of which
(s) Skokomish Tribe, Shelton, Washington and the Service have
Washington (Tribal Members Only) can be hens), 3 pintail, 3 redhead, 3
cooperated since 1995 to establish scaup, and 3 canvasback. For geese, the
Since 1996, the Service and the Point special tribal migratory bird hunting daily bag limit is six. Possession limits
No Point Treaty Tribes, of which the regulations. These special regulations are totals of two daily bag limits.
Skokomish Tribe was one, have apply to tribal members on the Squaxin
cooperated to establish special The Tribe proposes that coot, brant,
Island Reservation, located in western
regulations for migratory bird hunting. and snipe seasons run from October 1,
Washington near Olympia, and all lands
The Tribes have been acting 2007, to January 31, 2008. The daily bag
within the traditional hunting grounds
independently since 2005, and the limit for coot is 25. The daily bag limit
of the Squaxin Island Tribe.
Skokomish Tribe would like to establish on brant is three. The daily bag limit for
For the 2007–08 season, the Tribe
migratory bird hunting regulations for snipe is 10. Possession limits are totals
requests to establish duck and coot
tribal members for the 2007–08 season. of two daily bag limits.
seasons that would run from September
The Tribe has a reservation on the 1, 2007, through January 15, 2008. The Harvest is regulated by a punch card
Olympic Peninsula in Washington State daily bag limit for ducks is five per day system. Tribal members hunting on
and is a successor to the signatories of and could include only one canvasback. lands under this proposal will observe
the Treaty of Point No Point of 1855. The season on harlequin ducks is all basic Federal migratory bird hunting
The Skokomish Tribe requests a duck closed. For coots, the daily bag limit is regulations found in 50 CFR part 20,
and coot season from September 16, 25. For snipe, the Tribe proposes the which will be enforced by the
2007, to December 31, 2007. The daily season start on September 15, 2007, and Stillaguamish Tribal Law Enforcement.
bag limit is seven ducks, including no end on January 15, 2008. The daily bag Tribal members are required to use steel
more than two hen mallards, one limit for snipe is eight. For band-tailed shot or a nontoxic shot as required by
pintail, one canvasback, and two pigeon, the Tribe proposes the season Federal regulations.
redheads. The daily bag and possession start on September 1, 2007, and end on The Tribe anticipates a total harvest of
limit on harlequin duck is one per December 31, 2007. The daily bag limit 200 ducks, 100 geese, 50 mergansers, 50
season. The coot daily bag limit is 25. is five. The possession limit is twice the brant, 100 coots, and 100 snipe.
The possession limit is twice the daily daily bag limit. Anticipated harvest needs include
bag limit except as noted above. The Tribe proposes a season on geese subsistence and ceremonial needs.
For geese, the Tribe requests a season starting September 15, 2007, and ending Certain species may be closed to
from September 16, 2007, to December on January 15, 2008. The daily bag limit hunting for conservation purposes, and
31, 2007. The daily bag limit is four, for geese is four, including no more than consideration for the needs of certain
including no more than three light two snow geese. The season on Aleutian species will be addressed.
geese. The season on Aleutian Canada and Cackling Canada geese is closed. The Service proposes to approve the
geese is closed. For brant, the Tribe For brant, the Tribe proposes the season request for special migratory bird
proposes a season from November 1, start on September 1, 2007, and end on hunting regulations for the
2007, to February 15, 2008, with a daily December 31, 2007. The daily bag limit Stillaguamish Tribe of Indians.
bag limit of two. The possession limit is for brant is two. The possession limit is (v) Swinomish Indian Tribal
twice the daily bag limit. twice the daily bag limit. Community, LaConner, Washington
For mourning doves, band-tailed We propose to approve the Squaxin (Tribal Members Only)
pigeon, and snipe, the Tribe requests a Island Tribe’s requested 2007–08 special
season from September 16, 2007, to migratory bird hunting regulations. In 1996, the Service and the
December 31, 2007, with a daily bag Swinomish Indian Tribal Community
limit of 10, 2, and 8, respectively. The (u) Stillaguamish Tribe of Indians, began cooperating to establish special
possession limit is twice the daily bag Arlington, Washington (Tribal Members regulations for migratory bird hunting.
limit. Only) The Swinomish Indian Tribal
All Tribal hunters authorized to hunt The Stillaguamish Tribe of Indians Community is a federally recognized
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migratory birds are required to obtain a and the Service have cooperated to Indian Tribe consisting of the Suiattle,
tribal hunting permit from the establish special regulations for Skagit, and Kikialos. The Swinomish
Skokomish Tribe pursuant to tribal law. migratory game birds since 2001. The Reservation was established by the
Hunting hours would be from one-half Tribe is proposing regulations to hunt Treaty of Point Elliott of January 22,
hour before sunrise to sunset. Only all open and unclaimed lands under the 1855, and lies in the Puget Sound area
steel, tungsten-iron, tungsten-polymer, Treaty of Point Elliott of January 22, north of Seattle, Washington.

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For the 2007–08 season, the Tribe proposed season for tribal members Waterfowl Stamp. Each hunter must
requests to establish a migratory bird would be from September 15, 2007, validate stamps by signing across the
hunting season on all areas that are through February 29, 2008. In the case face.
open and unclaimed and consistent of nontribal hunters hunting on the Although the season length requested
with the meaning of the treaty. The reservation, the season would be the by the Tulalip Tribes appears to be quite
Tribe requests to establish duck, latest closing date and the longest liberal, harvest information indicates a
merganser, Canada goose, brant, and period of time allowed under final total take by tribal and nontribal hunters
coot seasons opening on the earliest Pacific Flyway Federal frameworks. under 1,000 ducks and 500 geese
possible date allowed by the final Daily bag and possession limits for annually.
Federal frameworks for the Pacific Tulalip Tribal members would be 7 and
Flyway and closing 30 days after the 14 ducks, respectively, except that for We propose approval of the Tulalip
State of Washington closes its season. blue-winged teal, canvasback, Tribe’s request to have a special season.
The Swinomish Tribe requests an harlequin, pintail, and wood duck, the We request that harvest be monitored
additional three birds of each species bag and possession limits would be the closely and regulations be reevaluated
over that allowed by the State for daily same as those established in accordance for future years if harvest becomes too
bag and possession limits. with final Federal frameworks. For great in relation to population numbers.
The Community normally anticipates nontribal hunters, bag and possession (x) Upper Skagit Indian Tribe, Sedro
that the regulations will result in the limits would be the same as those Woolley, Washington (Tribal members
harvest of approximately 300 ducks, 50 permitted under final Federal only)
Canada geese, 75 mergansers, 100 brant, frameworks. For coot, daily bag and
and 50 coot. The Swinomish utilize a possession limits are 25 and 50, The Upper Skagit Indian Tribe and
report card and permit system to respectively, and for snipe 8 and 18, the Service have cooperated to establish
monitor harvest and will implement respectively. Nontribal hunters should special regulations for migratory game
steps to limit harvest where check with the Tulalip tribal authorities birds since 2001. The Tribe has
conservation is needed. All tribal regarding additional conservation jurisdiction over lands within Skagit,
regulations will be enforced by tribal measures which may apply to specific Island, and Whatcom Counties,
fish and game officers. species managed within the region. Washington. Tribal hunters are issued a
On reservation, the Tribal Community Ceremonial hunting may be authorized harvest report card that will be shared
proposes a hunting season for the above by the Department of Natural Resources with the State of Washington.
mentioned species beginning on the at any time upon application of a For the 2007–08 season, the Tribe
earliest possible opening date and qualified tribal member. Such a hunt requests a duck season starting October
closing March 9, 2008. The Swinomish must have a bag limit designed to limit 1, 2007, and ending February 15, 2008.
manage harvest by a report card and harvest only to those birds necessary to The Tribe proposes a daily bag limit of
permit system, and we anticipate provide for the ceremony. 15 with a possession limit of 20. The
harvest will be similar to that expected For geese, tribal members propose a
Tribe requests a coot season starting
off reservation. season from September 15, 2007,
We believe the estimated harvest by October 15, 2007, and ending February
through February 29, 2008. Non-tribal
the Swinomish will be minimal and will 15, 2008. The coot daily bag limit is 20
hunters would be allowed the longest
not adversely affect migratory bird with a possession limit of 30.
season and the latest closing date
populations. We propose to approve the permitted for Pacific Flyway Federal The Tribe proposes a goose season
Tribe’s requested 2007–08 special frameworks. For tribal hunters, the from October 15, 2007, to February 15,
migratory bird hunting regulations. goose daily bag and possession limits 2008, with a daily bag limit of seven
would be 7 and 14, respectively, except geese and five brant. The possession
(w) The Tulalip Tribes of Washington, limit for geese and brant are 10 and 7,
that the bag limits for brant, cackling
Tulalip Indian Reservation, Marysville, respectively.
Canada geese, and dusky Canada geese
Washington (Tribal Members and
would be those established in The Tribe proposes a mourning dove
Nontribal Hunters)
accordance with final Federal season between September 1 to
The Tulalip Tribes are the successors frameworks. For nontribal hunters December 31, 2007, with a daily bag
in interest to the Tribes and bands hunting on reservation lands, the daily limit of 12 and possession limit of 15.
signatory to the Treaty of Point Elliott of bag and possession limits would be
January 22, 1855. The Tulalip Tribes’ The anticipated migratory bird
those established in accordance with
government is located on the Tulalip harvest under this proposal would be
final Federal frameworks for the Pacific
Indian Reservation just north of the City 100 ducks, 5 geese, 2 brant, and 10
Flyway. The Tulalip Tribes also set a
of Everett in Snohomish County, coots. Tribal members must have the
maximum annual bag limit for those
Washington. The Tribes or individual tribal identification and harvest report
tribal members who engage in
tribal members own all of the land on card on their person to hunt. Tribal
subsistence hunting of 365 ducks and
the reservation, and they have full members hunting on the Reservation
365 geese.
wildlife management authority. All All hunters on Tulalip Tribal lands will observe all basic Federal migratory
lands within the boundaries of the are required to adhere to shooting hour bird hunting regulations found in 50
Tulalip Tribes Reservation are closed to regulations set at one-half hour before CFR part 20, except shooting hours
nonmember hunting unless opened by sunrise to sunset, special tribal permit would be 15 minutes before official
Tulalip Tribal regulations. requirements, and a number of other sunrise to 15 minutes after official
For the 2007–08 season, the Tribe tribal regulations enforced by the Tribe. sunset.
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proposes tribal and nontribal hunting Each nontribal hunter 16 years of age The Service proposes to approve the
regulations for the 2007–08 season. and older hunting pursuant to Tulalip request for special migratory bird
Migratory waterfowl hunting by Tulalip Tribes’ Ordinance No. 67 must possess hunting regulations for the Upper Skagit
Tribal members is authorized by Tulalip a valid Federal Migratory Bird Hunting Indian Tribe. We request that the Tribe
Tribal Ordinance No. 67. For ducks, and Conservation Stamp and a valid closely monitor harvest of this special
mergansers, coot, and snipe, the State of Washington Migratory migratory bird hunting season.

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50610 Federal Register / Vol. 72, No. 169 / Friday, August 31, 2007 / Proposed Rules

(y) Wampanoag Tribe of Gay Head, northwest Minnesota and encompasses will be open to waterfowl hunting
Aquinnah, Massachusetts (Tribal all of Mahnomen County and parts of during the 2007–08 season. The length
Members Only) Becker and Clearwater Counties. The of the Black River east of the Black
The Wampanoag Tribe of Gay Head is reservation employs conservation River/Bonito Creek confluence is closed
a federally recognized Tribe located on officers to enforce migratory bird to waterfowl hunting. All other waters
the island of Martha’s Vineyard in regulations. The Tribe and the Service of the reservation would be closed to
Massachusetts. The Tribe has first cooperated to establish special waterfowl hunting for the 2007–08
tribal regulations in 1999. season.
approximately 560 acres of land, which
For the 2007–08 migratory bird For nontribal and tribal hunters, the
it manages for wildlife through its
hunting season, the White Earth Band of Tribe proposes a continuous duck, coot,
natural resources department. The Tribe Ojibwe requests a duck and merganser merganser, gallinule, and moorhen
also enforces its own wildlife laws and season to start September 15 and end hunting season, with an opening date of
regulations through the natural December 16, 2007. For ducks, they October 14, 2007, and a closing date of
resources department. request a daily bag limit of 10, including January 28, 2008. The Tribe proposes a
For the 2007–08 season, the Tribe no more than 2 mallards and 1 separate canvasback season, with an
proposes a duck season of October 31, canvasback. The merganser daily bag opening date of October 14, 2007, and
2007, through February 27, 2008. The limit would be five with no more than a closing date of December 10, 2007.
Tribe proposes a daily bag limit of six two hooded mergansers. For geese, the The Tribe proposes a daily duck
birds, which could include no more Tribe proposes an early season from (including mergansers) bag limit of
than two hen mallards, six drake September 1 through September 28, seven, which may include no more than
mallards, two black ducks, two mottled 2007, and a late season from September two redheads, one pintail, one
ducks, one fulvous whistling duck, four 29, 2007, through December 16, 2007. canvasback (when open), and seven
mergansers, three scaup, one hooded The early season daily bag limit is eight mallards (including no more than two
merganser, two wood ducks, one geese and the late season daily bag limit hen mallards). The daily bag limit for
canvasback, two redheads, one pintail, is five geese. coots, gallinules, and moorhens would
and four of all other species not listed. For coots, dove, rail, woodcock, and be 25, singly or in the aggregate. For
The season for harlequins would be snipe, the Tribe proposes a September 1 geese, the Tribe is proposing a season
closed. The Tribe proposes a teal (green- through November 30, 2007, season from October 14, 2007, through January
winged and blue) season of October 15, with daily bag limits of 20 coots, 25 28, 2008. Hunting would be limited to
2007, through January 28, 2008. A daily doves, 25 rails, 10 woodcock, and 10 Canada geese, and the daily bag limit
bag limit of six teal would be in snipe. Shooting hours are one-half hour would be three.
addition to the daily bag limit for ducks. before sunrise to one-half hour after Season dates for band-tailed pigeons
For sea ducks, the Tribe proposes a sunset. Nontoxic shot is required. and mourning doves would run
season between October 15, 2007, and Based on past harvest surveys, the concurrently from September 1 through
February 29, 2008, with a daily bag limit Tribe anticipates harvest of 1,000 to September 15, 2007, in Wildlife
of seven, which could include no more 2,000 Canada geese and 1,000 to 1,500 Management Unit 10 and all areas south
than one hen eider and four of any one ducks. The White Earth Reservation of Y–70 in Wildlife Management Unit 7,
species unless otherwise noted above. Tribal Council employs four full-time only. Proposed daily bag limits for
For geese, the Tribe requests a season Conservation Officers to enforce band-tailed pigeons and mourning
between September 10 to September 24, migratory bird regulations. doves would be 3 and 10, respectively.
2007, and October 31, 2007, through We propose to approve the White Possession limits for the above
February 27, 2008, with a daily bag limit Earth Band of Ojibwe’s request to have species are twice the daily bag limits.
of 5 Canada geese during the first a special season. Shooting hours would be from one-half
period, 3 Canada geese during the hour before sunrise to sunset. There
second period, and a daily bag limit of (aa) White Mountain Apache Tribe, Fort
would be no open season for sandhill
15 snow geese. Apache Indian Reservation, Whiteriver,
cranes, rails, and snipe on the White
For woodcock, the Tribe proposes a Arizona (Tribal Members and Nontribal
Mountain Apache lands under this
season between October 15 and Hunters)
proposal. A number of special
November 30, 2007, with a daily bag The White Mountain Apache Tribe regulations apply to tribal and nontribal
limit of three. owns all reservation lands, and the hunters, which may be obtained from
The Tribe currently has 22 registered Tribe has recognized full wildlife the White Mountain Apache Tribe Game
tribal hunters and estimates harvest to management authority. The White and Fish Department.
be no more than 15 geese, 25 mallards, Mountain Apache Tribe has requested We propose to approve the
25 teal, 50 black ducks, and 50 of all regulations that are essentially regulations requested by the Tribe for
other species combined. Tribal members unchanged from those agreed to since the 2007–08 season.
hunting on the Reservation will observe the 1997–98 hunting year.
all basic Federal migratory bird hunting The hunting zone for waterfowl is (bb) Yankton Sioux Tribe, Marty, South
regulations found in 50 CFR part 20. restricted and is described as: The Dakota (Tribal Members and Nontribal
Hunters will be required to register with length of the Black River west of the Hunters)
the Harvest Information Program. Bonito Creek and Black River On May 17, 2007, the Yankton Sioux
The Service proposes to approve the confluence and the entire length of the Tribe submitted a waterfowl hunting
request for special migratory bird Salt River forming the southern proposal for the 2007–08 season. The
hunting regulations for the Wampanoag boundary of the reservation; the White Yankton Sioux tribal waterfowl hunting
pwalker on PROD1PC71 with PROPOSALS4

Tribe of Gay Head. River, extending from the Canyon Day season would be open to both tribal
Stockman Station to the Salt River; and members and nontribal hunters. The
(z) White Earth Band of Ojibwe, White all stock ponds located within Wildlife waterfowl hunting regulations would
Earth, Minnesota (Tribal Members Only) Management Units 4, 5, 6, and 7. Tanks apply to tribal and trust lands within
The White Earth Band of Ojibwe is a located below the Mogollon Rim, within the external boundaries of the
federally recognized tribe located in Wildlife Management Units 2 and 3, reservation.

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Federal Register / Vol. 72, No. 169 / Friday, August 31, 2007 / Proposed Rules 50611

For ducks (including mergansers) and received. Such comments, and any Hunting of Migratory Birds (FSES 88–
coots, the Yankton Sioux Tribe proposes additional information received, may 14),’’ filed with the Environmental
a season starting October 9, 2007, and lead to final regulations that differ from Protection Agency on June 9, 1988. We
running for the maximum amount of these proposals. We invite interested published a notice of availability in the
days allowed under the final Federal persons to participate in this rulemaking Federal Register on June 16, 1988 (53
frameworks. The Tribe indicated that if by submitting written comments to the FR 22582). We published our Record of
the Service decided to close the address indicated under the caption Decision on August 18, 1988 (53 FR
canvasback season, the Tribe would ADDRESSES. Before including your 31341). In addition, we prepared an
close theirs; otherwise, the canvasback address, phone number, e-mail address, August 1985 Environmental Assessment
season would start October 9, 2007, and or other personal identifying (EA) entitled ‘‘Guidelines for Migratory
run for the maximum amount of days information in your comment, you Bird Hunting Regulations on Federal
allowed under the final Federal should be aware that your entire Indian Reservations and Ceded Lands.’’
frameworks. Daily bag and possession comment—including your personal Annual NEPA considerations are
limits would be 6 ducks, which may identifying information—may be made covered under a separate Environmental
include no more than 5 mallards (no publicly available at any time. While Assessment (EA), ‘‘Duck Hunting
more than 2 hens), 1 canvasback (when you can ask us in your comment to Regulations for 2007–08,’’ and an
open), 2 redheads, 3 scaup, 1 pintail, or withhold your personal identifying August 2007, Finding of No Significant
2 wood ducks. The bag limit for information from public review, we Impact (FONSI). Copies of the 1985 EA,
mergansers is 5, which would include cannot guarantee that we will be able to the annual EA, and FONSI are available
no more than 1 hooded merganser. The do so. upon request from the address indicated
coot daily bag limit is 15. Special circumstances involved in the under ADDRESSES.
For geese, the Tribe has requested a establishment of these regulations limit In a notice published in the
dark goose (Canada geese, brant, white- the amount of time that we can allow for September 8, 2005, Federal Register (70
fronts) season starting October 29, 2007, public comment. Specifically, two FR 53376), we announced our intent to
and closing January 31, 2008. The daily considerations compress the time in develop a new Supplemental
bag limit would be three geese which the rulemaking process must Environmental Impact Statement for the
(including no more than one white- operate: (1) The need to establish final migratory bird hunting program. Public
fronted goose or brant). Possession rules at a point early enough in the scoping meetings were held in the
limits would be twice the daily bag summer to allow affected Tribes to spring of 2006, as detailed in a March
limit. For white geese, the proposed appropriately adjust their licensing and 9, 2006, Federal Register (71 FR 12216).
hunting season would start October 29, regulatory mechanisms; and (2) the We have prepared a scoping report
2007, and run for the maximum amount unavailability, before mid-June, of summarizing the scoping comments and
of days allowed under the final Federal specific, reliable data on this year’s scoping meetings. The report is
frameworks for the State of South status of some waterfowl and migratory available by either writing to the
Dakota. Daily bag and possession limits shore and upland game bird address indicated under ADDRESSES or
would equal the maximum allowed populations. Therefore, we believe that by viewing on our Web site at http://
under Federal frameworks. to allow comment periods past the dates www.fws.gov/migratorybirds.
All hunters would have to be in specified in DATES is contrary to the
Endangered Species Act Consideration
possession of a valid tribal license while public interest. Before promulgation of
hunting on Yankton Sioux trust lands. final migratory game bird hunting Prior to issuance of the 2007–08
Tribal and nontribal hunters must regulations, we will take into migratory game bird hunting
comply with all basic Federal migratory consideration all comments received regulations, we will comply with
bird hunting regulations in 50 CFR part during the comment period. Such provisions of the Endangered Species
20 pertaining to shooting hours and the comments, and any additional Act of 1973, as amended (16 U.S.C.
manner of taking. Special regulations information received, may lead to final 1531–1543; hereinafter, the Act), to
established by the Yankton Sioux Tribe regulations that differ from these ensure that hunting is not likely to
also apply on the reservation. proposals. jeopardize the continued existence of
During the 2005–06 hunting season, You may inspect comments received any species designated as endangered or
the Tribe reported that 90 nontribal on the proposed annual regulations threatened, or modify or destroy its
hunters took 400 Canada geese, 75 light during normal business hours at the critical habitat, and is consistent with
geese, and 90 ducks. Forty-five tribal Service’s Division of Migratory Bird conservation programs for those species.
members harvested fewer than 50 geese Management office in room 4107, 4501 Consultations under Section 7 of this
and 50 ducks. North Fairfax Drive, Arlington, VA Act may cause us to change proposals
We concur with the Yankton Sioux 22203. For each series of proposed in this and future supplemental
proposal for the 2007–08 hunting rulemakings, we will establish specific rulemaking documents.
season. comment periods. We will consider, but
Executive Order 12866
possibly may not respond in detail to,
Public Comments Solicited The migratory bird hunting
each comment. As in the past, we will
The Department of the Interior’s summarize all comments received regulations are economically significant
policy is, whenever practicable, to during the comment period and respond and were reviewed by the Office of
afford the public an opportunity to to them after the closing date in any Management and Budget (OMB) under
participate in the rulemaking process. final rules. Executive Order 12866. As such, a cost/
Accordingly, we invite interested benefit analysis was initially prepared
pwalker on PROD1PC71 with PROPOSALS4

persons to submit written comments, NEPA Consideration in 1981. This analysis was subsequently
suggestions, or recommendations NEPA considerations are covered by revised annually from 1990 through
regarding the proposed regulations. the programmatic document ‘‘Final 1996, updated in 1998, and updated
Before promulgation of final migratory Supplemental Environmental Impact again in 2004. It is further discussed
game bird hunting regulations, we will Statement: Issuance of Annual below under the heading Regulatory
take into consideration all comments Regulations Permitting the Sport Flexibility Act. Results from the 2004

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50612 Federal Register / Vol. 72, No. 169 / Friday, August 31, 2007 / Proposed Rules

analysis indicate that the expected migratory bird hunters would spend Unfunded Mandates Reform Act
welfare benefit of the annual migratory between $481 million and $1.2 billion at We have determined and certify, in
bird hunting frameworks is on the order small businesses in 2004. Copies of the compliance with the requirements of the
of $734 to $1,064 million, with a Analysis are available upon request Unfunded Mandates Reform Act, 2
midpoint estimate of $899 million. from the address indicated under U.S.C. 1502 et seq., that this rulemaking
Copies of the cost/benefit analysis are ADDRESSES or from our Web site at will not impose a cost of $100 million
available upon request from the address http://www.fws.gov/migratorybirds/ or more in any given year on local or
indicated under ADDRESSES or from our reports/SpecialTopics/ State government or private entities.
Web site at http://www.fws.gov/ EconomicAnalysis-Final-2004.pdf. Therefore, this rule is not a ‘‘significant
migratorybirds/reports/SpecialTopics/ regulatory action’’ under the Unfunded
EconomicAnalysis-Final-2004.pdf. Small Business Regulatory Enforcement Mandates Reform Act.
Executive Order 12866 also requires Fairness Act
each agency to write regulations that are Civil Justice Reform—Executive Order
easy to understand. We invite comments This rule is a major rule under 5 12988
on how to make this rule easier to U.S.C. 804(2), the Small Business The Department, in promulgating this
understand, including answers to Regulatory Enforcement Fairness Act. proposed rule, has determined that this
questions such as the following: For the reasons outlined above, this rule proposed rule will not unduly burden
(1) Are the requirements in the rule has an annual effect on the economy of the judicial system and that it meets the
clearly stated? $100 million or more. However, because requirements of sections 3(a) and 3(b)(2)
(2) Does the rule contain technical this rule establishes hunting seasons, we of Executive Order 12988.
language or jargon that interferes with do not plan to defer the effective date
its clarity? required by 5 U.S.C. 801 under the Takings Implication Assessment
(3) Does the format of the rule exemption contained in 5 U.S.C. 808(1). In accordance with Executive Order
(grouping and order of sections, use of 12630, this proposed rule, authorized by
headings, paragraphing, etc.) aid or Paperwork Reduction Act the Migratory Bird Treaty Act, does not
reduce its clarity? have significant takings implications
We examined these regulations under
(4) Would the rule be easier to and does not affect any constitutionally
understand if it were divided into more the Paperwork Reduction Act of 1995.
protected property rights. This rule will
(but shorter) sections? The various recordkeeping and
not result in the physical occupancy of
(5) Is the description of the rule in the reporting requirements imposed under
property, the physical invasion of
SUPPLEMENTARY INFORMATION section of regulations established in 50 CFR part property, or the regulatory taking of any
the preamble helpful in understanding 20, Subpart K, are utilized in the property. In fact, these rules allow
the rule? formulation of migratory game bird hunters to exercise otherwise
(6) What else could we do to make the hunting regulations. Specifically, OMB unavailable privileges and, therefore,
rule easier to understand? has approved the information collection reduce restrictions on the use of private
Send a copy of any comments that requirements of the surveys associated and public property.
concern how we could make this rule with the Migratory Bird Harvest
easier to understand to: Office of Information Program and assigned Energy Effects—Executive Order 13211
Regulatory Affairs, Department of the clearance number 1018–0015 (expires 2/ On May 18, 2001, the President issued
Interior, Room 7229, 1849 C Street, 29/2008). This information is used to Executive Order 13211 on regulations
NW., Washington, DC 20240. You may provide a sampling frame for voluntary that significantly affect energy supply,
also e-mail the comments to this national surveys to improve our harvest distribution, and use. Executive Order
address: Exsec@ios.doi.gov. estimates for all migratory game birds in 13211 requires agencies to prepare
order to better manage these Statements of Energy Effects when
Regulatory Flexibility Act
populations. OMB has also approved undertaking certain actions. While this
These regulations have a significant proposed rule is a significant regulatory
the information collection requirements
economic impact on substantial action under Executive Order 12866, it
of the Sandhill Crane Harvest Survey
numbers of small entities under the is not expected to adversely affect
Regulatory Flexibility Act (5 U.S.C. 601 and assigned clearance number 1018–
0023 (expires 11/30/2007). The energy supplies, distribution, or use.
et seq.). We analyzed the economic Therefore, this action is not a significant
impacts of the annual hunting information from this survey is used to
energy action and no Statement of
regulations on small business entities in estimate the magnitude and the
Energy Effects is required.
detail as part of the 1981 cost-benefit geographical and temporal distribution
analysis discussed under Executive of the harvest, and the portion it Federalism Effects
Order 12866. This analysis was revised constitutes of the total population. Due to the migratory nature of certain
annually from 1990 through 1995. In Lastly, OMB has approved the species of birds, the Federal
1995, the Service issued a Small Entity information collection requirements of Government has been given
Flexibility Analysis (Analysis), which the Alaska Subsistence Household responsibility over these species by the
was subsequently updated in 1996, Survey, an associated voluntary annual Migratory Bird Treaty Act. We annually
1998, and 2004. The primary source of household survey used to determine prescribe frameworks from which the
information about hunter expenditures levels of subsistence take in Alaska. The States make selections regarding the
for migratory game bird hunting is the OMB control number for the hunting of migratory birds, and we
National Hunting and Fishing Survey, information collection is 1018–0124 employ guidelines to establish special
pwalker on PROD1PC71 with PROPOSALS4

which is conducted at 5-year intervals. (expires 1/31/2010). A Federal agency regulations on Federal Indian
The 2004 Analysis was based on the may not conduct or sponsor and a reservations and ceded lands. This
2001 National Hunting and Fishing person is not required to respond to a process preserves the ability of the
Survey and the U.S. Department of collection of information unless it States and tribes to determine which
Commerce’s County Business Patterns, displays a currently valid OMB control seasons meet their individual needs.
from which it was estimated that number. Any State or Indian tribe may be more

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Federal Register / Vol. 72, No. 169 / Friday, August 31, 2007 / Proposed Rules 50613

restrictive than the Federal frameworks band-tailed pigeons, mourning doves, All comments received, including
at any time. The frameworks are white-winged doves, ducks, mergansers, names and addresses, will become part
developed in a cooperative process with and geese. of the public record. You may inspect
the States and the Flyway Councils. The rules that eventually will be comments during normal business
This process allows States to participate promulgated for the 2007–08 hunting hours at the Service’s office in room
in the development of frameworks from season are authorized under the 4107, Arlington Square Building, 4501
which they will make selections, Migratory Bird Treaty Act (MBTA) of N. Fairfax Drive, Arlington, Virginia.
thereby having an influence on their July 3, 1918 (40 Stat. 755; 16 U.S.C. 703 FOR FURTHER INFORMATION CONTACT:
own regulations. et seq.), as amended. The MBTA Robert Blohm, Chief, or Ron W. Kokel,
These rules do not have a substantial authorizes and directs the Secretary of Division of Migratory Bird Management,
direct effect on fiscal capacity, change the Interior, having due regard for the U.S. Fish and Wildlife Service, (703)
the roles or responsibilities of Federal or zones of temperature and for the 358–1714.
State governments, or intrude on State distribution, abundance, economic SUPPLEMENTARY INFORMATION:
policy or administration. Therefore, in value, breeding habits, and times and
accordance with Executive Order 13132, lines of flight of migratory game birds, Regulations Schedule for 2007
these regulations do not have significant to determine when, to what extent, and On April 11, 2007, we published in
federalism effects and do not have by what means such birds or any part, the Federal Register (72 FR 18328) a
sufficient federalism implications to nest, or egg thereof may be taken, proposal to amend 50 CFR part 20. The
warrant the preparation of a Federalism hunted, captured, killed, possessed, proposal provided a background and
Assessment. sold, purchased, shipped, carried, overview of the migratory bird hunting
Government-to-Government exported, or transported. regulations process, and dealt with the
Relationship With Tribes Dated: August 22, 2007. establishment of seasons, limits,
Due to the migratory nature of certain Todd Willens, proposed regulatory alternatives for the
species of birds, the Federal Acting Assistant Secretary for Fish and 2007–08 duck hunting season, and other
Government has been given Wildlife and Parks. regulations for hunting migratory game
responsibility over these species by the [FR Doc. 07–4235 Filed 8–30–07; 8:45 am] birds under §§ 20.101 through 20.107,
Migratory Bird Treaty Act. Thus, in BILLING CODE 4310–55–P
20.109, and 20.110 of subpart K. Major
accordance with the President’s steps in the 2007–08 regulatory cycle
memorandum of April 29, 1994, relating to open public meetings and
‘‘Government-to-Government Relations DEPARTMENT OF THE INTERIOR Federal Register notifications were also
with Native American Tribal identified in the April 11 proposed rule.
Governments’’ (59 FR 22951), Executive Fish and Wildlife Service On June 8, 2007, we published in the
Order 13175, and 512 DM 2, we have Federal Register (72 FR 31789) a second
evaluated possible effects on federally 50 CFR Part 20 document providing supplemental
recognized Indian tribes and have RIN 1018–AV12
proposals for early- and late-season
determined that there are no effects on migratory bird hunting regulations and
Indian trust resources. However, by Migratory Bird Hunting; Proposed the regulatory alternatives for the 2007–
virtue of the tribal proposals contained Frameworks for Late-Season Migratory 08 duck hunting season. The June 8
in this proposed rule, we have Bird Hunting Regulations supplement also provided detailed
consulted with all the tribes affected by information on the 2007–08 regulatory
this rule. AGENCY: Fish and Wildlife Service, schedule and announced the Service
Interior. Migratory Bird Regulations Committee
List of Subjects in 50 CFR Part 20 ACTION: Proposed rule; supplemental. (SRC) and Flyway Council meetings.
Exports, Hunting, Imports, Reporting On June 20 and 21, we held open
and recordkeeping requirements, SUMMARY: The Fish and Wildlife Service meetings with the Flyway Council
Transportation, Wildlife. (hereinafter Service or we) is proposing Consultants, at which the participants
Based on the results of migratory to establish the 2007–08 late-season reviewed information on the current
game bird studies, and having due hunting regulations for certain status of migratory shore and upland
consideration for any data or views migratory game birds. We annually game birds and developed
submitted by interested parties, this prescribe frameworks, or outer limits, recommendations for the 2007–08
proposed rulemaking may result in the for dates and times when hunting may regulations for these species plus
adoption of special hunting regulations occur and the number of birds that may regulations for migratory game birds in
for migratory birds beginning as early as be taken and possessed in late seasons. Alaska, Puerto Rico, and the Virgin
September 1, 2007, on certain Federal These frameworks are necessary to Islands; special September waterfowl
Indian reservations, off-reservation trust allow State selections of seasons and seasons in designated States; special sea
lands, and ceded lands. Taking into limits and to allow recreational harvest duck seasons in the Atlantic Flyway;
account both reserved hunting rights at levels compatible with population and extended falconry seasons. In
and the degree to which tribes have full and habitat conditions. addition, we reviewed and discussed
wildlife management authority, the DATES: You must submit comments on preliminary information on the status of
regulations only for tribal members or the proposed migratory bird hunting waterfowl as it relates to the
for both tribal and nontribal hunters late-season frameworks by September development and selection of the
may differ from those established by 10, 2007. regulatory packages for the 2007–08
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States in which the reservations, off- ADDRESSES: Send your comments on the regular waterfowl seasons. On July 23,
reservation trust lands, and ceded lands proposals to the Chief, Division of 2007, we published in the Federal
are located. The regulations will specify Migratory Bird Management, U.S. Fish Register (72 FR 40194) a third document
open seasons, shooting hours, and bag and Wildlife Service, Department of the specifically dealing with the proposed
and possession limits for rails, coot, Interior, ms MBSP–4107–ARLSQ, 1849 frameworks for early-season regulations.
gallinules, woodcock, common snipe, C Street, NW., Washington, DC 20240. In late August, we will publish a

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