Federal Register: Part V [50 CFR Part 20]

DEPARTMENT OF THE INTERIOR

Western Area Power Administration

CFR Citation: 50 CFR Part 20

RIN ID: RIN 1018-AV62

FWS ID: [FWS-R9-MB-2008-0032, 91200-1231-9BPP-L2]

NOTICE: Part V

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY: Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2008-09 Season

DATES: We will accept all comments on the proposed regulations that are postmarked or received in our office by August 25, 2008.

DOCUMENT SUMMARY: The U.S. Fish and Wildlife Service (hereinafter, Service or we) proposes special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, offreservation trust lands, and ceded lands for the 200809 migratory bird hunting season.

SUMMARY: Interior Department, Fish and Wildlife Service,

SUPPLEMENTAL INFORMATION

In the May 28, 2008, Federal Register (73 FR 30712), we requested proposals from Indian Tribes wishing to establish special migratory bird hunting regulations for the 200809 hunting season, under the guidelines described in the June 4, 1985, Federal Register (50 FR 23467). In this supplemental proposed rule, we propose special migratory bird hunting regulations for 28 Indian Tribes, based on the input we received in response to the May 28, 2008, proposed rule. As described in that document/proposed rule, the promulgation of annual migratory bird hunting regulations involves a series of rulemaking actions each year. This proposed rule is part of that series.

We developed the guidelines for establishing special migratory bird hunting regulations for Indian Tribes in response to tribal requests for recognition of their reserved hunting rights and, for some Tribes, recognition of their authority to regulate hunting by both tribal and nontribal hunters on their reservations. The guidelines include possibilities for:
(1) Onreservation hunting by both tribal and nontribal hunters, with hunting by nontribal hunters on some reservations to take place within Federal frameworks but on dates different from those selected by the surrounding State(s);
(2) Onreservation hunting by tribal members only, outside of the usual Federal frameworks for season dates and length, and for daily bag and possession limits; and
(3) Offreservation hunting by tribal members on ceded lands, outside of usual framework dates and season length, with some added flexibility in daily bag and possession limits.

In all cases, the regulations established under the guidelines must be consistent with the March 10 to September 1 closed season mandated by the 1916 Convention Between the United States and Great Britain (for Canada) for the Protection of Migratory Birds (Treaty). The guidelines apply to those Tribes having recognized reserved hunting rights on Federal Indian reservations (including offreservation trust lands) and on ceded lands. They also apply to establishing migratory bird hunting regulations for nontribal hunters on all lands within the exterior boundaries of reservations where Tribes have full wildlife management authority over such hunting or where the Tribes and affected States otherwise have reached agreement over hunting by nontribal hunters on lands owned by nonIndians within the reservation.

Tribes usually have the authority to regulate migratory bird hunting by nonmembers on Indianowned reservation lands, subject to Service approval. The question of jurisdiction is more complex on reservations that include lands owned by nonIndians, especially when the surrounding States have established or intend to establish regulations governing hunting by nonIndians on these lands. In such cases, we encourage the Tribes and States to reach agreement on regulations that would apply throughout the reservations. When appropriate, we will consult with a Tribe and State with the aim of facilitating an accord. We also will consult jointly with tribal and State officials in the affected States where Tribes wish to establish special hunting regulations for tribal members on ceded lands. Because of past questions regarding interpretation of what events trigger the consultation process, as well as who initiates it, we provide the following clarification. We routinely provide copies of Federal Register publications pertaining to migratory bird management to all State Directors, Tribes, and other interested parties. It is the responsibility of the States, Tribes, and others to notify us of any concern regarding any feature(s) of any regulations. When we receive such notification, we will initiate consultation.

Our guidelines provide for the continued harvest of waterfowl and other migratory game birds by tribal members on reservations where such harvest has been a customary practice. We do not oppose this harvest, provided it does not take place during the closed season defined by the Treaty, and does not adversely affect the status of the migratory bird resource. Before developing the guidelines, we reviewed available information on the current status of migratory bird populations; reviewed the current status of migratory bird hunting on Federal Indian reservations; and evaluated the potential impact of such guidelines on migratory birds. We concluded that the impact of migratory bird harvest by tribal members hunting on their reservations is minimal.

One area of interest in Indian migratory bird hunting regulations relates to hunting seasons for nontribal hunters on dates that are within Federal frameworks, but which are different from those established by the State(s) where the reservation is located. A large influx of nontribal hunters onto a reservation at a time when the season is closed in the surrounding State(s) could result in adverse population impacts on one or more migratory bird species. The guidelines make this unlikely, however, because tribal proposals must include: (a) Harvest anticipated under the requested regulations; (b) methods that will be employed to measure or monitor harvest (such as bag checks, mail questionnaires, etc.); (c) steps that will be taken to limit level of harvest, where it could be shown that failure to limit such harvest would adversely impact the migratory bird resource; and (d) tribal capabilities to establish and enforce migratory bird hunting regulations. We may modify regulations or establish experimental special hunts, after evaluation and confirmation of
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harvest information obtained by the Tribes.

We believe the guidelines provide appropriate opportunity to accommodate the reserved hunting rights and management authority of Indian Tribes while ensuring that the migratory bird resource receives necessary protection. The conservation of this important international resource is paramount. The guidelines should not be viewed as inflexible. In this regard, we note that they have been employed successfully since 1985. We believe they have been tested adequately and, therefore, we made them final beginning with the 198889 hunting season. We should stress here, however, that use of the guidelines is not mandatory and no action is required if a Tribe wishes to observe the hunting regulations established by the State(s) in which the reservation is located.

Service Migratory Bird Regulations Committee Meetings

Participants at the June 2526, 2008, meetings reviewed information on the current status of migratory shore and upland game birds and developed 200809 migratory game bird regulations recommendations for these species plus regulations for migratory game birds in Alaska, Puerto Rico, and the U.S. Virgin Islands; special September waterfowl seasons in designated States; special sea duck seasons in the Atlantic Flyway; and extended falconry seasons. In addition, we reviewed and discussed preliminary information on the status of waterfowl. Participants at the previously announced July 3031, 2008, meetings reviewed information on the current status of waterfowl and developed recommendations for the 200809 regulations pertaining to regular waterfowl seasons and other species and seasons not previously discussed at the earlyseason meetings. In accordance with Department of the Interior policy, these meetings were open to public observation and you may submit comments to the Director on the matters discussed. Population Status and Harvest

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

Waterfowl Breeding and Habitat Survey

Federal, provincial, and State agencies conduct surveys each spring to estimate the size of breeding populations and to evaluate the conditions of the habitats. These surveys are conducted using fixed wing aircraft, helicopters, and ground crews and encompass principal breeding areas of North America, covering an area over 2.0 million square miles. The Traditional survey area comprises Alaska, Canada, and the northcentral United States, and includes approximately 1.3 million square miles. The Eastern survey area includes parts of Ontario, Quebec, Labrador, Newfoundland, Nova Scotia, Prince Edward Island, New Brunswick, New York, and Maine, an area of approximately 0.7 million square miles.

Overall, habitat conditions during the 2008 May waterfowl survey were characterized in many areas by a delayed spring compared to several preceding years. Drought in many parts of the traditional survey area contrasted sharply with record amounts of snow and rainfall in the eastern survey area.

Traditional Survey Area (U.S. and Canadian Prairies)

Although spring was delayed in much of the traditional survey area, field crews reported that habitat conditions were suitable for nesting at the time of the survey. Much of the prairie potholes experienced drought conditions this spring and many semipermanent wetlands and livestock dugouts were dry. At the time of the survey this area was considered to be in fair to poor condition, with the exceptions being regions with temporary and seasonal water in southeastern South Dakota, and areas of western South Dakota that received abundant rain and snowfall in early May; conditions were classified as good in both of these areas. Parts of the prairie pothole region experienced heavy rains following completion of the survey. This may improve habitat conditions for late nesters and may improve the success of renesting attempts.

The parklands were drier in 2008 than in 2007 when excess water created much additional waterfowl habitat; still, this area was classified as fair to good overall with most seasonal and semi permanent wetlands full. A late April snowstorm recharged wetlands in some areas of the northern parklands, and these areas were classified as excellent.
Bush (Alaska, Northern Manitoba, Northern Saskatchewan, Northwest Territories, Yukon Territory, Western Ontario)

In the boreal forest, spring breakup was later in 2008 than in recent years, with locally variable snowfall and, consequently, variable runoff that resulted in habitat conditions ranging from fair in the east to good in the west. Most large lakes were still frozen on May 20 in the Northwest Territories; however, warmer temperatures in late May led to habitat conditions suitable for nesting during the survey period. Good conditions were present throughout Alaska, with slightly late spring conditions in some coastal areas.

Eastern Survey Area

In the eastern survey area, a cold winter with heavy snows and colder than average spring temperatures delayed spring conditions by 1 2 weeks relative to the early springs of preceding years. An exception was northern Quebec, which experienced an early spring with most ice melting by the last week of May. Quickly rising temperatures combined with spring rains led to flooding in parts of Maine and the Maritimes, which disrupted spring nesting phenology; as a result, habitat conditions in these areas were classified as fair. Elsewhere in the East, abundant water in most lakes and wetlands resulted in habitat conditions being classified as good or excellent.

Status of Teal

The estimate of bluewinged teal numbers from the Traditional Survey Area is 6.6 million. This represents a 1.0 percent decrease from 2007 and is 45 percent above the 19552007 average.

Sandhill Cranes

Compared to increases recorded in the 1970s, annual indices to abundance of the MidContinent Population (MCP) of sandhill cranes have been relatively stable since the early 1980s. The Central Platte River Valley, Nebraska, spring index for 2008, uncorrected for visibility bias, was 472,128 sandhill cranes. The photocorrected, 3year average for 200507 was 364,281, which is within the established population objective range of 349,000472,000 cranes. All Central Flyway States, except Nebraska, allowed crane hunting in portions of their States during 200708. About 9,808 hunters participated in these seasons, which was similar to the number that participated in the previous season. Hunters harvested 18,610 MCP cranes in the U.S. portion of the Central Flyway during the 200708 seasons, which was 6 percent higher than the
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estimated harvest for the previous year. The retrieved harvest of MCP cranes in hunt areas outside of the Central Flyway (Arizona, Pacific Flyway portion of New Mexico, Alaska, Canada, and Mexico combined) was 13,567 during 200708. The preliminary estimate for the North American MCP sport harvest, including crippling losses, was 36,567 birds, which is similar to the previous year's estimate. The longterm (19822004) trends for the MCP indicate that harvest has been increasing at a higher rate than population growth.

The fall 2007 premigration survey for the Rocky Mountain Population (RMP) resulted in a record high count of 22,822 cranes. The 3year average for 2004, 2005, and 2007 (no survey was conducted in 2006) was 20,732 sandhill cranes, which is within established population objectives of 17,00021,000 for the RMP. Hunting seasons during 200708 in portions of Arizona, Idaho, Montana, New Mexico, Utah, and Wyoming resulted in a harvest of 820 RMP cranes, a 10 percent decrease from the harvest of 907 the year before.

Woodcock

Singingground and Wingcollection Surveys were conducted to assess the population status of the American woodcock (Scolopax minor). The Singingground Survey is intended to measure longterm changes in woodcock population levels. Singingground Survey data for 2008 indicate that the number of displaying woodcock in the Eastern Region in 2008 was unchanged from 2007, while the Central Region experienced a 9.2 percent decline. However, we note that measurement of shortterm (i.e., annual) trends tends to give estimates with larger variances and is more prone to be influenced by climatic factors that may affect local counts during the survey. There was no significant trend in woodcock heard in the Eastern Region during 19982008; however, there was a declining trend of 1.5 percent per year in the Central Region. This represents the fifth consecutive year that the 10year trend estimate for the Eastern Region did not indicate a significant decline, while it is the first time since 2003 that the Central Region had a declining trend. There were longterm (19682008) declines of 1.2 percent per year in the Eastern Region and 1.1 percent per year in the Central Region. Wingcollection Survey data indicate that the 2007 recruitment index for the U.S. portion of the Eastern Region (1.6 immatures per adult female) was 4 percent higher than the 2006 index, and 4 percent lower than the longterm average. The recruitment index for the U.S. portion of the Central Region (1.5 immatures per adult female) was 10 percent lower than the 2006 index and 8 percent below the longterm average.

BandTailed Pigeons and Doves

Annual counts of Interior bandtailed pigeons seen and heard per Breeding Bird Survey (BBS) route have not changed significantly since implementation of the BBS in 1966; however, they decreased significantly over the last 10 years. The 2007 harvest was estimated to be 4,800 birds. For Pacific Coast bandtailed pigeons, annual BBS counts of birds seen and heard per route have decreased since 1966, but they have not changed significantly over the last 10 years. According to the Pacific Coast Mineral Site Survey, annual counts of Pacific Coast bandtailed pigeons seen per mineral site have increased significantly since the survey was experimentally implemented in 2001. The 2007 harvest was estimated to be 12,700 birds.

Analyses of Mourning Dove Callcount Survey data over the most recent 10 years indicated no significant trend for doves heard in either the Eastern or Western Management Units while the Central Unit showed a significant decline. Over the 43year period, 19662007, all 3 units exhibited significant declines. In contrast, for doves seen over the 10year period, no significant trends were found for any of the three Management Units. Over 43 years, no trend was found for doves seen in the Eastern and Central Units while a significant decline was indicated for the Western Unit. The preliminary 2007 harvest estimate for the United States was 20,550,000 doves. A banding program is underway to obtain current information in order to develop mourning dove population models for each Management Unit to provide guidance for improving our decisionmaking process with respect to harvest management.

The two key States with a whitewinged dove population are Arizona and Texas. California and New Mexico have much smaller populations.

The Arizona Game and Fish Department (AGFD) monitors whitewinged dove populations by means of a callcount survey to provide an annual index to population size. The index peaked at a mean of 52.3 doves heard per route in 1968, but fell precipitously in the late 1970s. The index has stabilized to around 25 doves per route in the last few years. In 2008, the mean number of doves heard per route was 26.9. AGFD also monitors harvest. Harvest during the 15day season (September 1 15) peaked in the late 1960s at ~740,000 birds and has since stabilized at around 100,000 birds. The 2007 Harvest Information Program (HIP) estimate was 127,600 birds. In 2007, Arizona redesigned their dove harvest survey questionnaire to sample only from hunters registered under HIP. In the future, AGFD and HIP harvest estimates should be more comparable than they have been in the past.

In Texas, whitewinged doves continue to expand their breeding range. Nesting by whitewings has been recorded in most counties, except for the northeastern part of the State primarily. Nesting is essentially confined to urban areas, but appears to be expanding to exurban areas. Concomitant with this range expansion has been a continuing increase in whitewing abundance. A new DISTANCE sampling protocol was implemented for Central and South Texas for 2007, and expanded in 2008 so that coverage is almost statewide. Once fully implemented, biologists should have the ability to obtain a good estimate of whitewinged dove abundance in Texas. While 2008 data were not available at this time, 2007 surveys indicated an estimated abundance throughout surveyed areas (representing about 20 percent of the State) of about 2,300,000 whitewings. Total Statewide harvest has averaged about 2 million birds annually.

The Texas Parks and Wildlife Department is working to improve management of whitewinged doves in Texas in the following ways: (1) Expanding current surveys of spring populations to encompass areas throughout the State that now have breeding populations; (2) Completing the TamaulipasTexas Whitewinged Dove Strategic Plan so that there are consistent and comparable harvest management strategies, surveys, research, and data collection across the breeding range of the species; (3) Expanding operational banding in 2008 that was begun in 2007 to derive estimates of survival and harvest rates; (4) Implementing a wingcollection survey for recruitment rates in lieu of the feeding flight and production surveys; (5) Estimating probability of detection for more accurate estimates of breeding populations within urban environments; and (6) Evaluating and estimating reproductive success in urban areas to better estimate population increases.

In California, BBS data (although imprecise due to a small sample size) indicate that there has been a significant increase in the population between 1968 and 2007. According to HIP surveys, the preliminary harvest estimate for 2007
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was 67,900. In New Mexico, BBS data (very imprecise due to a small sample size) also showed a significant increase over the long term. In 2007, the estimated harvest was 64,000.

Whitetipped doves are believed to be maintaining a relatively stable population in the Lower Rio Grande Valley (LRGV) of Texas. DISTANCE sampling procedures in the LRGV include whitetips. However, until the sampling frame includes rural Rio Grande corridor habitats, not many whitetips will be reported. Sampling frame issues are expected to be resolved by next year. However, annual whitetipped dove harvest during the special season is only averaging 3,0004,000 birds. Hunting Season Proposals From Indian Tribes and Organizations

For the 200809 hunting season, we received requests from 28 Tribes and Indian organizations. We actively solicit regulatory proposals from other tribal groups that are interested in working cooperatively for the benefit of waterfowl and other migratory game birds. We encourage Tribes to work with us to develop agreements for management of migratory bird resources on tribal lands.

It should be noted that this proposed rule includes generalized regulations for both early and lateseason hunting. A final rule will be published in a lateAugust 2008 Federal Register that will include tribal regulations for the earlyhunting season. Early seasons generally begin around September 1 each year and most commonly include such species as American woodcock, sandhill cranes, mourning doves, and whitewinged doves. Late seasons generally begin on or around September 24 and most commonly include waterfowl species.

In this current rulemaking, because of the compressed timeframe for establishing regulations for Indian Tribes and because final frameworks dates and other specific information are not available, the regulations for many tribal hunting seasons are described in relation to the season dates, season length, and limits that will be permitted when final Federal frameworks are announced for early and lateseason
regulations. For example, daily bag and possession limits for ducks on some areas are shown as the same as permitted in Pacific Flyway States under final Federal frameworks, and limits for geese will be shown as the same permitted by the State(s) in which the tribal hunting area is located.

The proposed frameworks for earlyseason regulations were published in the Federal Register on July 24, 2008 (73 FR 43290); earlyseason final frameworks will be published in lateAugust. Proposed lateseason frameworks for waterfowl and coots will be published in midAugust, and the final frameworks for the late seasons will be published in mid September. We will notify affected Tribes of season dates, bag limits, etc., as soon as final frameworks are established. As previously discussed, no action is required by Tribes wishing to observe migratory bird hunting regulations established by the State(s) where they are located. The proposed regulations for the 28 Tribes that have submitted proposals that meet the established criteria are shown below. (a) Colorado River Indian Tribes, Colorado River Indian Reservation, Parker, Arizona (Tribal Members and Nontribal Hunters)

The Colorado River Indian Reservation is located in Arizona and California. The Tribes own almost all lands on the reservation, and have full wildlife management authority.

In their 200809 proposal, the Colorado River Indian Tribes requested split dove seasons. They propose their early season begin September 1 and end September 15, 2008. Daily bag limits would be 10 mourning or whitewinged doves in the aggregate. The late season for doves is proposed to open November 15, 2008, and close December 29, 2008. The daily bag limit would be 10 mourning doves. The possession limit would be twice the daily bag limit after the first day of the season. Shooting hours would be from onehalf hour before sunrise to noon in the early season and until sunset in the late season. Other special tribally set regulations would apply.

The Tribes also propose duck hunting seasons. The season would open October 11, 2008, and run until January 25, 2009. The Tribes propose the same season dates for mergansers, coots, and common moorhens. The daily bag limit for ducks, including mergansers, would be seven, except that the daily bag limits could contain no more than two hen mallards, two redheads, two Mexican ducks, two goldeneye, three scaup, one pintail, and two cinnamon teal. The season on canvasback is closed. The possession limit would be twice the daily bag limit after the first day of the season. The daily bag and possession limit for coots and common moorhens would be 25, singly or in the aggregate.

For geese, the Colorado River Indian Tribes propose a season of October 18, 2008, through January 25, 2009. The daily bag limit for geese would be three light geese and three dark geese. The possession limit would be six light geese and six dark geese after opening day.

In 1996, the Tribe conducted a detailed assessment of dove hunting. Results showed approximately 16,100 mourning doves and 13,600 white winged doves were harvested by approximately 2,660 hunters who averaged 1.45 hunterdays. Field observations and permit sales indicate that fewer than 200 hunters participate in waterfowl seasons. Under the proposed regulations described here and, based upon past seasons, we and the Tribes estimate harvest will be similar.

Hunters must have a valid Colorado River Indian Reservation hunting permit and a Federal Migratory Bird Stamp in their possession while hunting. Other special tribally set regulations would apply. As in the past, the regulations would apply both to tribal and nontribal hunters, and nontoxic shot is required for waterfowl hunting.

We propose to approve the Colorado River Indian Tribes regulations for the 200809 hunting season, given the seasons dates fall within final flyway frameworks (applies to nontribal hunters only). (b) Confederated Salish and Kootenai Tribes, Flathead Indian Reservation, Pablo, Montana (Tribal and Nontribal Hunters)

For the past several years, the Confederated Salish and Kootenai Tribes and the State of Montana have entered into cooperative agreements for the regulation of hunting on the Flathead Indian Reservation. The State and the Tribes are currently operating under a cooperative agreement signed in 1990 that addresses fishing and hunting management and regulation issues of mutual concern. This agreement enables all hunters to utilize waterfowl hunting opportunities on the reservation.

As in the past, tribal regulations for nontribal hunters would be at least as restrictive as those established for the Pacific Flyway portion of Montana. Goose season dates would also be at least as restrictive as those established for the Pacific Flyway portion of Montana. Shooting hours for waterfowl hunting on the Flathead Reservation are sunrise to sunset. Steel shot or other federally approved nontoxic shots are the only legal shotgun loads on the reservation for waterfowl or other game birds.

For tribal members, the Tribe proposes outside frameworks for ducks and geese of September 1, 2008, through March 9, 2009. Daily bag and possession
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limits were not proposed for tribal members.

The requested season dates and bag limits are similar to past regulations. Harvest levels are not expected to change significantly. Standardized check station data from the 199394 and 199495 hunting seasons indicated no significant changes in harvest levels and that the large majority of the harvest is by nontribal hunters.

We propose to approve the Tribes' request for special migratory bird regulations for the 200809 hunting season.
(c) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort Thompson, South Dakota (Tribal Members and Nontribal Hunters)

The Crow Creek Indian Reservation has a checkerboard pattern of land ownership, with much of the land owned by nonIndians. Since the 199394 season, the Tribe has selected special waterfowl hunting regulations independent of the State of South Dakota. The Tribe observes migratory bird hunting regulations contained in 50 CFR part 20.

The Tribe requests a duck and merganser season of October 2 to December 14, 2008, with a daily bag limit of six ducks, including no more than five mallards (only two of which may be hens), two redheads, two wood ducks, one pintail, one canvasback, and three scaup. The merganser daily bag limit would be five and include no more than one hooded merganser. The daily bag limit for coots would be 15.

For Canada geese, the Tribe proposes an October 16, 2008, to January 18, 2009, season with a threebird daily bag limit. For white fronted geese, the Tribe proposes a September 25 to December 19, 2008, season with a daily bag limit of two. For snow geese, the Tribe proposes a September 24 to December 29, 2008, season with a daily bag limit of 20.

Similar to the last several years, the Tribe also requests a sandhill crane season from September 11 to October 17, 2008, with a daily bag limit of three.

In all cases, except snow geese, the possession limits would be twice the daily bag limit. There would be no possession limit for snow geese. Shooting hours would be from onehalf hour before sunrise to sunset.

The season and bag limits would be essentially the same as last year, and, as such, the Tribe would expect similar harvest. In 199495, duck harvest was 48 birds, down from 67 in 199394. Goose harvest during recent past seasons has been fewer than 100 geese. Total harvest on the reservation in 2000 was estimated to be 179 ducks and 868 geese.

The Service proposes to approve the request for special migratory bird hunting regulations for the Crow Creek Sioux Tribe. We remind the Tribe that all sandhill crane hunters are required to obtain a Federal sandhill crane permit. As such, the Tribe should contact us for further information on obtaining the needed permits.
(d) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet, Minnesota (Tribal Members Only)

Since 1996, the Service and the Fond du Lac Band of Lake Superior Chippewa Indians have cooperated to establish special migratory bird hunting regulations for tribal members. The Fond du Lac's May 29, 2008, proposal covers land set apart for the band under the Treaties of 1837 and 1854 in northeast and eastcentral Minnesota.

The band's proposal for 200809 is essentially the same as that approved last year except the Tribe has separate regulations for the 1854 and 1837 ceded territories and reservation lands. The proposed 200809 waterfowl hunting season regulations for Fond du Lac are as follows:
Ducks

A. 1854 and 1837 Ceded Territories

Season Dates: Begin September 13 and end November 30, 2008.

Daily Bag Limit: 18 ducks, including no more than 12 mallards (only 3 of which may be hens), 3 black ducks, 6 scaup, 6 wood ducks, 6 redheads, 3 pintails, and 3 canvasbacks.

B. Reservation

Season Dates: Begin September 6 and end November 30, 2008.

Daily Bag Limit: 12 ducks, including no more than 8 mallards (only 2 of which may be hens), 2 black ducks, 4 scaup, 4 redheads, 2 pintails, 4 wood ducks, and 2 canvasbacks.
Mergansers

A. 1854 and 1837 Ceded Territories

Season Dates: Begin September 13 and end November 30, 2008.

Daily Bag Limit: 15 mergansers, including no more than 6 hooded mergansers.

B. Reservation

Season Dates: Begin September 6 and end November 30, 2008.

Daily Bag Limit: 10 mergansers, including no more than 4 hooded mergansers.
Canada Geese

All Areas

Season Dates: Begin September 1 and end November 30, 2008.

Daily Bag Limit: 20 geese.
Coots and Common Moorhens (Common Gallinules)

A. 1854 and 1837 Ceded Territories

Season Dates: Begin September 13 and end November 30, 2008.

Daily Bag Limit: 20 coots and common moorhens, singly or in the aggregate.

B. Reservation

Season Dates: Begin September 6 and end November 30, 2008.

Daily Bag Limit: 25 coots and common moorhens, singly or in the aggregate.
Sora and Virginia Rails

A. 1854 and 1837 Ceded Territories

Season Dates: Begin September 1 and end November 30, 2008.

Daily Bag Limit: 25 sora and Virginia rails, singly or in the aggregate.

B. Reservation

Season Dates: Begin September 1 and end December 2, 2008.

Daily Bag Limit: 25 sora and Virginia rails, singly or in the aggregate.
Common Snipe

All Areas

Season Dates: Begin September 1 and end November 30, 2008.

Daily Bag Limit: Eight common snipe.
Woodcock

All Areas

Season Dates: Begin September 1 and end November 30, 2008.

Daily Bag Limit: Three woodcock.
Mourning Dove

All Areas

Season Dates: Begin September 1 and end November 30, 2008.

Daily Bag Limit: 30 mourning dove.

The following general conditions apply:

1. While hunting waterfowl, a tribal member must carry on his/her person a valid Ceded Territory License.

2. Shooting hours for migratory birds are onehalf hour before sunrise to onehalf hour after sunset.

3. Except as otherwise noted, tribal members will be required to comply with tribal codes that will be no less restrictive than the provisions of Chapter 10 of the Model OffReservation Code. Except as modified by the Service
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rules adopted in response to this proposal, these amended regulations parallel Federal requirements in 50 CFR part 20 as to hunting methods, transportation, sale, exportation, and other conditions generally applicable to migratory bird hunting.

4. Band members in each zone will comply with State regulations providing for closed and restricted waterfowl hunting areas.

5. There are no possession limits on any species, unless otherwise noted above. For purposes of enforcing bag limits, all migratory birds in the possession or custody of band members on ceded lands will be considered to have been taken on those lands unless tagged by a tribal or State conservation warden as having been taken onreservation. All migratory birds that fall on reservation lands will not count as part of any offreservation bag or possession limit.

The band anticipates harvest will be fewer than 500 ducks and geese.

We propose to approve the request for special migratory bird hunting regulations for the Fond du Lac Band of Lake Superior Chippewas.
(e) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay, Michigan (Tribal Members Only)

In the 199596 migratory bird seasons, the Grand Traverse Band of Ottawa and Chippewa Indians and the Service first cooperated to establish special regulations for waterfowl. The Grand Traverse Band is a selfgoverning, federally recognized Tribe located on the west arm of Grand Traverse Bay in Leelanau County, Michigan. The Grand Traverse Band is a signatory Tribe of the Treaty of 1836. We have approved special regulations for tribal members of the 1836 treaty's signatory Tribes on ceded lands in Michigan since the 198687 hunting season.

For the 200809 season, the Tribe requests that the tribal member duck season run from September 22, 2008, through January 18, 2009. A daily bag limit of 12 would include no more than 2 pintail, 2 canvasback, 1 hooded merganser, 3 black ducks, 3 wood ducks, 3 redheads, and 6 mallards (only 3 of which may be hens).

For Canada and snow geese, the Tribe proposes a September 1 through November 30, 2008, and a January 1 through February 8, 2009, season. For whitefronted geese and brant, the Tribe proposes a September 20 through November 30, 2008, season. The daily bag limit for all geese (including brant) would be five birds. Based on our information, it is unlikely that any Canada geese from the Southern James Bay Population will be harvested by the Tribe.

For woodcock, the Tribe proposes a September 1 through November 14, 2008, season. The daily bag limit will not exceed five birds. For mourning doves, snipe, and rails, the Tribe proposes a September 1 through November 14, 2008, season. The daily bag limit would be 10 per species.

All other Federal regulations contained in 50 CFR part 20 would apply. The Tribe proposes to monitor harvest closely through game bag checks, patrols, and mail surveys. Harvest surveys from the 200607 hunting season indicated that approximately 15 tribal hunters harvested an estimated 112 ducks and 50 Canada geese.

We propose to approve the Grand Traverse Band of Ottawa and Chippewa Indians requested 200809 special migratory bird hunting regulations.
(f) Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin (Tribal Members Only)

Since 1985, various bands of the Lake Superior Tribe of Chippewa Indians have exercised judicially recognized offreservation hunting rights for migratory birds in Wisconsin. The specific regulations were established by the Service in consultation with the Wisconsin Department of Natural Resources and the Great Lakes Indian Fish and Wildlife Commission (GLIFWC, which represents the various bands). Beginning in 1986, a tribal season on ceded lands in the western portion of the State's Upper Peninsula was developed in coordination with the Michigan Department of Natural Resources, and we have approved special regulations for tribal members in both Michigan and Wisconsin since the 198687 hunting season. In 1987, the GLIFWC requested, and we approved, special regulations to permit tribal members to hunt on ceded lands in Minnesota, as well as in Michigan and Wisconsin. The States of Michigan and Wisconsin originally concurred with the regulations, although Wisconsin has raised concerns in the past and Michigan now annually raises objections. Minnesota did not concur with the original regulations, stressing that the State would not recognize Chippewa Indian hunting rights in Minnesota's treaty area until a court with jurisdiction over the State acknowledges and defines the extent of these rights. We acknowledge all of the States' concerns, but point out that the U.S. Government has recognized the Indian hunting rights decided in the Lac Courte Oreilles v. State of Wisconsin (Voigt) case, and that acceptable hunting regulations have been negotiated successfully in both Michigan and Wisconsin even though the Voigt decision did not specifically address ceded land outside Wisconsin. We believe this is appropriate because the treaties in question cover ceded lands in Michigan (and Minnesota), as well as in Wisconsin.

Consequently, in view of the above, we have approved special regulations since the 198788 hunting season on ceded lands in all three States. In fact, this recognition of the principle of reserved treaty rights for band members to hunt and fish was pivotal in our decision to approve a special 199192 season for the 1836 ceded area in Michigan.

For 2008, the GLIFWC proposed offreservation special migratory bird hunting regulations on behalf of the member Tribes of the Voigt Intertribal Task Force of the GLIFWC (for the 1837 and 1842 Treaty areas) and the Bay Mills Indian Community (for the 1836 Treaty area). Member Tribes of the Task Force are: The Bad River Band of the Lake Superior Tribe of Chippewa Indians, the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, the Lac du Flambeau Band of Lake Superior Chippewa Indians, the Red Cliff Band of Lake Superior Chippewa Indians, the St. Croix Chippewa Indians of Wisconsin, the Sokaogon Chippewa Community (Mole Lake Band), all in Wisconsin; the Mille Lacs Band of Chippewa Indians in Minnesota; the Lac Vieux Desert Band of Chippewa Indians and the Keweenaw Bay Indian Community in Michigan.

The GLIFWC 2008 proposal is generally similar to last year's regulations, except that it includes lengthened season dates for mourning doves, from September 1October 30 to September 1November 9, if a 70day season is offered, and eliminates mallard species restrictions within the overall bag limit for ducks.

Under the GLIFWC proposed regulations, GLIFWC expects modifications to the mallard bag limits to have no appreciable impact on the mallard population since the total estimated mallard harvest last year was approximately 600 birds, tribal members averaged just 2.1 ducks per hunting trip, and only 1 survey respondent reported harvesting more than 10 ducks of all species on his best day of hunting last year. Thus, they expect that this proposed change is likely to affect, at most, a few individual hunters on a few individual days, and to have no appreciable effect on mallard populations (which have averaged 87,000 breeding birds on Wisconsin's
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Northern High and Northern Low State survey strata alone from 2003 2007).

Given these factors, the Tribe expects harvest would likely remain below 5,000 ducks and 1,000 geese, which is similar to anticipated levels in previous years.

Recent GLIFWC harvest surveys (199698, 2001, and 2004) indicate that tribal offreservation waterfowl harvest has averaged less than 1,000 ducks and 120 geese annually. In the latest survey year (2004), an estimated 53 hunters took an estimated 421 trips and harvested 645 ducks (1.5 ducks per trip) and 84 geese (0.2 geese per trip). Further, in the last 5 years of harvest surveys, only 1 hunter reported harvesting 20 ducks in a single day. Analysis of hunter survey data over the period in question (19962004) indicates a general downward trend in both harvest and hunter participation.

While we acknowledge GLIFWC's previously submitted data indicating that tribal harvest and participation have declined in recent years, we do not believe that the GLIFWC's proposal for tribal waterfowl seasons on ceded lands in Wisconsin, Michigan, and Minnesota for the 200809 hunting season is in the best interests of the migratory bird resource. More specific discussion follows below.

Removal of Mallard Restrictions

We have several concerns with GLIFWC's proposal for removal of mallard restrictions within the overall duck daily bag limits in the 1837, 1842, and 1836 Treaty Areas. An increase in the daily bag limit of mallards (by removal of the internal bag limit restriction) from 10 mallards per day to 30 mallards per day in the 1837 and 1842 Treaty Areas and 20 mallards per day in the 1836 Treaty Area could potentially have conservation impacts on locallybreeding mallards. Overharvest of mallards in localized areas due to removal of species restrictions could contribute to localized longterm declines. As we stated last year (October 15, 2007 Federal Register, 72 FR 58452), removal of the mallard bag limit restriction would be inconsistent with our current conservation concerns. Furthermore, last year, we implemented a pilot bag limit increase for ducks in the 1837 and 1842 Treaty Areas. We do not believe that one year is sufficient time to evaluate the pilot daily bag limit increases implemented last year. Normally, changes such as those implemented last year take several years to fully evaluate. As such, we believe the pilot bag limits implemented last year should warrant at least several years of data evaluation using GLIFWC's current harvest survey. For these reasons, we believe that the regulations advanced by the GLIFWC for the 200809 hunting season are not in the best interests of the migratory bird resource. Thus, we propose to maintain the mallard bag limit restriction within the overall daily bag limit in all three of the Treaty Areas as 10 mallards. We believe this restriction is commensurate with the species' population status.

Expanded Season Dates

We have no concerns about extending the dove season to mimic the proposed Federal framework regulations for mourning doves in the Eastern Management Unit (see July 24, 2008 Federal Register, 73 FR XXXXX).

The Commission and the Service are parties to a Memorandum of Agreement (MOA) designed to facilitate the ongoing enforcement of Serviceapproved tribal migratory bird regulations. Its intent is to provide longterm cooperative application.

Also, as in recent seasons, the proposal contains references to Chapter 10 of the Migratory Bird Harvesting Regulations of the Model OffReservation Conservation Code. Chapter 10 regulations parallel State and Federal regulations and, in effect, are not changed by this proposal.

The proposed 200809 waterfowl hunting season regulations for GLIFWC are as follows:
Ducks