[Federal Register Volume 77, Number 184 (Friday, September 21, 2012)]
[Rules and Regulations]
[Pages 58657-58664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23073]



[[Page 58657]]

Vol. 77

Friday,

No. 184

September 21, 2012

Part III





Department of the Interior





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Fish and Wildlife Service





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50 CFR Part 20





 Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain 
Federal Indian Reservations and Ceded Lands for the 2012-13 Late 
Season; Final Rule

Federal Register / Vol. 77, No. 184 / Friday, September 21, 2012 / 
Rules and Regulations

[[Page 58658]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[Docket No. FWS-R9-MB-2012-0005; FF09M21200-123-FXMB1231099BPP0L2]
RIN 1018-AX97


Migratory Bird Hunting; Migratory Bird Hunting Regulations on 
Certain Federal Indian Reservations and Ceded Lands for the 2012-13 
Late Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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

DATES: This rule takes effect on September 24, 2012.

ADDRESSES: You may inspect comments received on the proposed special 
hunting regulations and tribal proposals during normal business hours 
in room 4107, Arlington Square Building, 4501 N. Fairfax Drive, 
Arlington, VA, or at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, U.S. Fish and Wildlife 
Service, Department of the Interior, MS MBSP-4107-ARLSQ, 1849 C Street 
NW., Washington, DC 20240; (703) 358-1714.

SUPPLEMENTARY INFORMATION: 

Background

    The Migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755; 16 
U.S.C. 703 et seq.), authorizes and directs the Secretary of the 
Department of the Interior, having due regard for the zones of 
temperature and for the distribution, abundance, economic value, 
breeding habits, and times and lines of flight of migratory game birds, 
to determine when, to what extent, and by what means such birds or any 
part, nest, or egg thereof may be taken, hunted, captured, killed, 
possessed, sold, purchased, shipped, carried, exported, or transported.
    In the August 16, 2012, Federal Register (77 FR 49680), we proposed 
special migratory bird hunting regulations for the 2012-13 hunting 
season for certain Indian tribes, under the guidelines described in the 
June 4, 1985, Federal Register (50 FR 23467). The guidelines respond to 
tribal requests for Service recognition of their reserved hunting 
rights, and for some tribes, recognition of their authority to regulate 
hunting by both tribal members and nonmembers on their reservations. 
The guidelines include possibilities for:
    (1) On-reservation hunting by both tribal members and nonmembers, 
with hunting by nontribal members on some reservations to take place 
within Federal frameworks but on dates different from those selected by 
the surrounding State(s);
    (2) On-reservation hunting by tribal members only, outside of usual 
Federal frameworks for season dates and length, and for daily bag and 
possession limits; and
    (3) Off-reservation hunting by tribal members on ceded lands, 
outside of usual framework dates and season length, with some added 
flexibility in daily bag and possession limits.
    In all cases, the regulations established under the guidelines must 
be consistent with the March 10-September 1 closed season mandated by 
the 1916 Migratory Bird Treaty with Canada.
    In the April 17, 2012, Federal Register (77 FR 23094), we requested 
that tribes desiring special hunting regulations in the 2012-13 hunting 
season submit a proposal including details on:
    (1) Harvest anticipated under the requested regulations;
    (2) Methods that would be employed to measure or monitor harvest 
(such as bag checks, mail questionnaires, etc.);
    (3) Steps that would be taken to limit level of harvest, where it 
could be shown that failure to limit such harvest would adversely 
impact the migratory bird resource; and
    (4) Tribal capabilities to establish and enforce migratory bird 
hunting regulations.
    No action is required if a tribe wishes to observe the hunting 
regulations established by the State(s) in which an Indian reservation 
is located. We have successfully used the guidelines since the 1985-86 
hunting season. We finalized the guidelines beginning with the 1988-89 
hunting season (August 18, 1988, Federal Register [53 FR 31612]).
    Although the August 16 proposed rule included generalized 
regulations for both early- and late-season hunting, this rulemaking 
addresses only the late-season proposals. Early-season proposals were 
addressed in a final rule published in the September 5, 2012, Federal 
Register (77 FR 54451). As a general rule, early seasons begin during 
September each year and have a primary emphasis on such species as 
mourning and white-winged dove. Late seasons begin about September 24 
or later each year and have a primary emphasis on waterfowl. All the 
regulations contained in this final rule were either submitted by the 
tribes or approved by the tribes and follow our proposals in the August 
16 proposed rule.

Status of Populations

    In the August 16 proposed rule and September 5 final rule, we 
reviewed the status for various populations for which seasons were 
proposed. This information included brief summaries of the May Breeding 
Waterfowl and Habitat Survey; population status reports for blue-winged 
teal, sandhill cranes, woodcock, mourning doves, white-winged doves, 
white-tipped doves, and band-tailed pigeons; and the status and harvest 
of waterfowl. The tribal seasons established below are commensurate 
with the population status. For more detailed information on 
methodologies and results, complete copies of the various reports are 
available at the street address indicated under ADDRESSES or from our 
Web site at http://www.fws.gov/migratorybirds/NewsPublicationsReports.html.

Comments and Issues Concerning Tribal Proposals

    For the 2012-13 migratory bird hunting season, we proposed 
regulations for 30 tribes or Indian groups that followed the 1985 
guidelines and were considered appropriate for final rulemaking. Some 
of the proposals submitted by the tribes had both early- and late-
season elements. However, as noted earlier, only those with late-season 
proposals are included in this final rulemaking; 14 tribes have 
proposals with late seasons. We also noted in the August 16 proposed 
rule (77 FR 49680) that we were proposing seasons for six Tribes who 
have submitted proposals in past years but from whom we had not yet 
received proposals this year. We subsequently received two proposals 
(included below) but did not receive proposals from the four other 
Tribes and, therefore, have not included them in this final rule.
    The comment period for the August 16 proposed rule closed on August 
27, 2012. We received three comments on our April 17, 2012, proposed 
rule, which announced rulemaking on regulations for migratory bird 
hunting by American Indian Tribes, which we

[[Page 58659]]

responded to in our September 5, 2012, final rule.

National Environmental Policy Act (NEPA) Consideration

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

Endangered Species Act Consideration

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

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Management and 
Budget's (OMB) Office of Information and Regulatory Affairs (OIRA) will 
review all significant rules. OIRA has determined that this rule is 
significant because it will have an annual effect of $100 million or 
more on the economy.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.
    An economic analysis was prepared for the 2008-09 season. This 
analysis was based on data from the 2006 National Hunting and Fishing 
Survey, the most recent year for which data are available (see 
discussion in Regulatory Flexibility Act section below). This analysis 
estimated consumer surplus for three alternatives for duck hunting 
(estimates for other species are not quantified due to lack of data). 
The alternatives are (1) Issue restrictive regulations allowing fewer 
days than those issued during the 2007-08 season, (2) Issue moderate 
regulations allowing more days than those in alternative 1, and (3) 
Issue liberal regulations identical to the regulations in the 2007-08 
season. For the 2008-09 season, we chose alternative 3, with an 
estimated consumer surplus across all flyways of $205-$270 million. We 
also chose alternative 3 for the 2009-10 and the 2010-11 seasons. For 
the 2012-13 season, we have again selected alternative 3. For these 
reasons, we have not conducted a new economic analysis, but the 2008-09 
analysis is part of the record for this rule and is available at http://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or at http://www.regulations.gov at 
Docket No. FWS-R9-MB-2012-0005.

Regulatory Flexibility Act

    The annual migratory bird hunting regulations have a significant 
economic impact on substantial numbers of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). We analyzed the 
economic impacts of the annual hunting regulations on small business 
entities in detail as part of the 1981 cost-benefit analysis. This 
analysis was revised annually from 1990-95. In 1995, the Service issued 
a Small Entity Flexibility Analysis (Analysis), which was subsequently 
updated in 1996, 1998, 2004, and 2008. The primary source of 
information about hunter expenditures for migratory game bird hunting 
is the National Hunting and Fishing Survey, which is conducted at 5-
year intervals. The 2008 Analysis was based on the 2006 National 
Hunting and Fishing Survey and the U.S. Department of Commerce's County 
Business Patterns, from which it was estimated that migratory bird 
hunters would spend approximately $1.2 billion at small businesses in 
2008. Copies of the Analysis are available upon request from the 
Division of Migratory Bird Management (see ADDRESSES) or from our Web 
site at http://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or at http://www.regulations.gov at Docket No. FWS-R9-MB-2012-0005.

Small Business Regulatory Enforcement Fairness Act

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

Paperwork Reduction Act

    We examined these regulations under the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.). The various recordkeeping and reporting 
requirements imposed under regulations established in 50 CFR part 20, 
subpart K, are utilized in the formulation of migratory game bird 
hunting regulations. Specifically, OMB has approved the information 
collection

[[Page 58660]]

requirements of our Migratory Bird Surveys and assigned control number 
1018-0023 (expires 4/30/2014). This information is used to provide a 
sampling frame for voluntary national surveys to improve our harvest 
estimates for all migratory game birds in order to better manage these 
populations. A Federal agency may not conduct or sponsor and a person 
is not required to respond to a collection of information unless it 
displays a currently valid OMB control number.

Unfunded Mandates Reform Act

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

Civil Justice Reform--Executive Order 12988

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

Takings Implication Assessment

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

Energy Effects--Executive Order 13211

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

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we 
have evaluated possible effects on Federally-recognized Indian tribes 
and have determined that there are no effects on Indian trust 
resources. However, in the April 8 Federal Register, we solicited 
proposals for special migratory bird hunting regulations for certain 
Tribes on Federal Indian reservations, off-reservation trust lands, and 
ceded lands for the 2012-13 migratory bird hunting season. The 
resulting proposals were contained in a separate August 16, 2012, 
proposed rule (77 FR 49680). By virtue of these actions, we have 
consulted with Tribes affected by this rule.

Federalism Effects

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

Regulations Promulgation

    The rulemaking process for migratory game bird hunting must, by its 
nature, operate under severe time constraints. However, we intend that 
the public be given the greatest possible opportunity to comment. Thus, 
when the preliminary proposed rulemaking was published, we established 
what we believed were the longest periods possible for public comment. 
In doing this, we recognized that when the comment period closed, time 
would be of the essence. That is, if there were a delay in the 
effective date of these regulations after this final rulemaking, States 
and Tribes would have insufficient time to select season dates and 
limits; to communicate those selections to us; and to establish and 
publicize the necessary regulations and procedures to implement their 
decisions. We therefore find that ``good cause'' exists, within the 
terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and 
these seasons will, therefore, take effect less than 30 days after the 
date of publication.
    Accordingly, with each participating Tribe having had an 
opportunity to participate in selecting the hunting seasons desired for 
its reservation or ceded territory on those species of migratory birds 
for which open seasons are now prescribed, and consideration having 
been given to all other relevant matters presented, certain sections of 
title 50, chapter I, subchapter B, part 20, subpart K, are hereby 
amended as set forth below.

List of Subjects in 50 CFR Part 20

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

Regulations Promulgation

    Accordingly, part 20, subchapter B, chapter I of title 50 of the 
Code of Federal Regulations is amended as follows:

PART 20--[AMENDED]

0
1. The authority citation for part 20 continues to read as follows:

    Authority: Migratory Bird Treaty Act, 40 Stat. 755, 16 U.S.C. 
703-712; Fish and Wildlife Act of 1956, 16 U.S.C. 742a-j; Pub. L. 
106-108, 113 Stat. 1491, Note Following 16 U.S.C. 703.

    Note: The following hunting regulations provided for by 50 CFR 
20.110 will not appear in the Code of Federal Regulations because of 
their seasonal nature.


0
2. Amend Sec.  20.110 by revising paragraphs (a), (b), (f) through (h), 
(l), (o), (s), (w), (y), (z), (aa), (cc), and (dd) to read as set forth 
below. (Current Sec.  20.110 was published at 76 FR 54676, September 1, 
2011, and amended at 76 FR 59298, September 26, 2011, and 77 FR 54451, 
September 5, 2012.)


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

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

[[Page 58661]]

Doves

    Season Dates: Open September 1 through 15, 2012; then open November 
10 through December 24, 2012.
    Daily Bag and Possession Limits: For the early season, daily bag 
limit is 10 mourning or white-winged doves, singly, or in the 
aggregate. For the late season, the daily bag limit is 10 mourning 
doves. Possession limits are twice the daily bag limits after the first 
day of the season.

Ducks (Including Mergansers)

    Season Dates: Open October 6, 2012, through January 20, 2013.
    Daily Bag and Possession Limits: Seven ducks, including two hen 
mallards, two redheads, two Mexican ducks, two goldeneye, two cinnamon 
teal, three scaup, one canvasback, and one pintail. The possession 
limit is twice the daily bag limit.

Coots and Common Moorhens

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots and common moorhens, 
singly or in the aggregate. The possession limit is twice the daily bag 
limit.

Geese

    Season Dates: Open October 13, 2012, through January 20, 2013.
    Daily Bag and Possession Limits: Three geese, including no more 
than three dark (Canada) geese and three white (snow, blue, Ross's) 
geese. The possession limit is six dark geese and six white geese.
    General Conditions: All persons 14 years and older must be in 
possession of a valid Colorado River Indian Reservation hunting permit 
before taking any wildlife on tribal lands. Any person transporting 
game birds off the Colorado River Indian Reservation must have a valid 
transport declaration form. Other tribal regulations apply, and may be 
obtained at the Fish and Game Office in Parker, Arizona. The early 
season will be open from one-half hour before sunrise until noon. For 
the late season, shooting hours are from one-half hour before sunrise 
to sunset.
    (b) Confederated Salish and Kootenai Tribes, Flathead Indian 
Reservation, Pablo, Montana (Tribal Members and Nontribal Hunters).

Tribal Members Only

Ducks (Including Mergansers)

    Season Dates: Open September 2, 2012, through March 9, 2013.
    Daily Bag and Possession Limits: The Tribe does not have specific 
bag and possession restrictions for Tribal members. The season on 
harlequin duck is closed.

Coots

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

Geese

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

Nontribal Hunters

Ducks (Including Mergansers)

    Season Dates: Open September 29, 2012, through January 11, 2013.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, two pintail, three scaup (when open), one 
canvasback, and two redheads. The possession limit is twice the daily 
bag limit.

Coots

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: The daily bag and possession limit 
is 25.

Geese

Dark Geese

    Season Dates: Open September 29, 2012, through January 6, 2013.
    Daily Bag and Possession Limits: Four and eight geese, 
respectively.

Light Geese

    Season Dates: Open September 29, 2012, through January 13, 2013.
    Daily Bag and Possession Limits: 10 and 20 geese, respectively.

Youth Waterfowl Hunt

    Season Dates: September 22-23, 2012.
    Daily Bag and Possession Limits: Same as ducks.
    General Conditions: Tribal and nontribal hunters must comply with 
all basic Federal migratory bird hunting regulations contained in 50 
CFR part 20 regarding manner of taking. In addition, shooting hours are 
sunrise to sunset, and each waterfowl hunter 16 years of age or older 
must carry on his/her person a valid Migratory Bird Hunting and 
Conservation Stamp (Duck Stamp) signed in ink across the stamp face. 
Special regulations established by the Confederated Salish and Kootenai 
Tribes also apply on the reservation.
* * * * *
    (f) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, 
New Mexico (Tribal Members and Nontribal Hunters).

Ducks (Including Mergansers)

    Season Dates: Open October 13 through November 30, 2012.
    Daily Bag and Possession Limits: The daily bag limit is seven, 
including no more than two hen mallards, two pintail, two redheads, one 
canvasback, and three scaup. The possession limit is twice the daily 
bag limit.

Canada Geese

    Season Dates: Open October 13 through November 30, 2012.
    Daily Bag and Possession Limits: Two and four, respectively.
    General Conditions: Tribal and nontribal hunters must comply with 
all basic Federal migratory bird hunting regulations in 50 CFR part 20 
regarding shooting hours and manner of taking. In addition, each 
waterfowl hunter 16 years of age or older must carry on his/her person 
a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) 
signed in ink across the stamp face. Special regulations established by 
the Jicarilla Tribe also apply on the reservation.
    (g) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal 
Members and Nontribal Hunters).

Nontribal Hunters on Reservation

Ducks

    Duck Season Dates: Open September 22, 2012, through January 31, 
2013. During this period, days to be hunted are specified by the 
Kalispel Tribe as weekends, holidays, and for a continuous period in 
the months of October and November, not to exceed 107 days total. 
Nontribal hunters should contact the Tribe for more detail on hunting 
days.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two female mallards, two pintail, one canvasback, and two 
redheads. The possession limit is twice the daily bag limit.

Geese

    Season Dates: Open September 1 through September 13, 2012, for the 
early season, and open October 1, 2012, through January 31, 2013, for 
the late season. During this period, days to be hunted are specified by 
the Kalispel Tribe. Nontribal hunters should contact the Tribe for more 
detail on hunting days.
    Daily Bag and Possession Limits: 5 Canada geese for the early 
season, and 3 light geese and 4 dark geese, for the late season. The 
daily bag limit is 2 brant (when the State's season is open) and is in 
addition to dark goose limits for the late season. The possession limit 
is twice the daily bag limit.

[[Page 58662]]

Tribal Hunters Within Kalispel Ceded Lands

Ducks

    Season Dates: Open October 1, 2012, through January 31, 2013.
    Daily Bag and Possession Limits: 7 ducks, including no more than 2 
female mallards, 2 pintail, 1 canvasback, and 2 redheads. The 
possession limit is twice the daily bag limit.

Geese

    Season Dates: Open September 1, 2012, through January 31, 2013.
    Daily Bag Limit: 6 light geese and 4 dark geese. The daily bag 
limit is 2 brant and is in addition to dark goose limits.
    General Conditions: Tribal members must possess a validated 
Migratory Bird Hunting and Conservation Stamp and a tribal ceded lands 
permit.
    (h) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only).

Ducks

    Season Dates: Open October 1, 2012, through January 31, 2013.
    Daily Bag and Possession Limits: 9 and 18 ducks, respectively.

Coots

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots.

Geese

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 9 and 18 geese, respectively.
    General Conditions: The Klamath Tribe provides its game management 
officers, biologists, and wildlife technicians with regulatory 
enforcement authority, and has a court system with judges that hear 
cases and set fines. Nontoxic shot is required. Shooting hours are one-
half hour before sunrise to one-half hour after sunset.
* * * * *
    (l) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule, 
South Dakota (Tribal Members and Nontribal Hunters).

Tribal Members

Ducks, Mergansers, and Coots

    Season Dates: Open September 22, 2012, through March 10, 2013.
    Daily Bag and Possession Limits: Six ducks, including no more than 
two hen mallard, two scaup, one mottled duck, two redheads, two wood 
ducks, one canvasback, and one pintail. Coot daily bag limit is 15. 
Merganser daily bag limit is five, including no more than two hooded 
merganser. The possession limit is twice the daily bag limit.

Canada Geese

    Season Dates: Open September 22, 2012, through March 10, 2013.
    Daily Bag and Possession Limits: Three and six, respectively.

White-Fronted Geese

    Season Dates: Open September 22, 2012, through March 10, 2013.
    Daily Bag and Possession Limits: Two and four, respectively.

Light Geese

    Season Dates: Open September 22, 2012, through March 10, 2013.
    Daily Bag and Possession Limits: 20 and 40, respectively.

Nontribal Hunters

Ducks (Including Mergansers and Coots)

    Season Dates: Open September 29, 2012, through January 3, 2013.
    Daily Bag and Possession Limits: Six ducks, including no more than 
two hen mallard, two scaup, one mottled duck, one canvasback, two 
redheads, two wood ducks, and one pintail. Coot daily bag limit is 15. 
Merganser daily bag limit is five, including no more than two hooded 
mergansers. The possession limit is twice the daily bag limit.

Canada Geese

    Season Dates: Open October 27, 2012, through February 10, 2013.
    Daily Bag and Possession Limits: Three and six, respectively.

White-Fronted Geese

    Season Dates: Open October 27, 2012, through January 4, 2013, and 
open January 26 through February 10, 2013.
    Daily Bag and Possession Limits: One and two, respectively.

Light Geese

    Season Dates: Open October 27, 2012, through January 6, 2013, and 
open February 2 through March 10, 2013.
    Daily Bag and Possession Limits: 20 and 40, respectively.
    General Conditions: All hunters must comply with the basic Federal 
migratory bird hunting regulations in 50 CFR part 20, including the use 
of steel shot. Nontribal hunters must possess a validated Migratory 
Bird Hunting and Conservation Stamp. The Lower Brule Sioux Tribe has an 
official Conservation Code that hunters must adhere to when hunting in 
areas subject to control by the Tribe.
* * * * *
    (o) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona 
(Tribal Members and Nontribal Hunters).

Band-Tailed Pigeons

    Season Dates: Open September 1 through 30, 2012.
    Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.

Mourning Doves

    Season Dates: Open September 1 through 30, 2012.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Ducks (Including Mergansers and Coots)

    Season Dates: Open September 22, 2012, through January 6, 2013.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one mottled duck, one canvasback, two redheads, 
and two pintail. Coot daily bag limit is 25. Merganser daily bag limit 
is seven. The possession limit is twice the daily bag limit.

Canada Geese

    Season Dates: Open September 22, 2012, through January 6, 2013.
    Daily Bag and Possession Limits: Four and eight, respectively.
    General Conditions: Tribal and nontribal hunters will comply with 
all basic Federal migratory bird hunting regulations in 50 CFR part 20, 
regarding shooting hours and manner of taking. In addition, each 
waterfowl hunter 16 years of age or over must carry on his/her person a 
valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed 
in ink across the face. Special regulations established by the Navajo 
Nation also apply on the reservation.
* * * * *
    (s) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort 
Hall, Idaho (Nontribal Hunters).

Ducks and Mergansers

    Season Dates: Open October 6, 2012, through January 18, 2013.
    Daily Bag and Possession Limits: Seven ducks and mergansers, 
including no more than two hen mallards, two pintail, one canvasback, 
and two redheads. The possession limit is twice the daily bag limit.

Coots

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots. The possession limit is 
twice the daily bag limit.

Common Snipe

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

[[Page 58663]]

Dark Geese

    Season Dates: Open October 6, 2012, through January 18, 2013.
    Daily Bag and Possession Limits: Four and eight, respectively.

Light Geese

    Season Dates: Open October 6, 2012, through January 18, 2013.
    Daily Bag and Possession Limits: 10 and 20, respectively.
    General Conditions: Nontribal hunters must comply with all basic 
Federal migratory bird hunting regulations in 50 CFR part 20 regarding 
shooting hours and manner of taking. In addition, each waterfowl hunter 
16 years of age or older must possess a valid Migratory Bird Hunting 
and Conservation Stamp (Duck Stamp) signed in ink across the stamp 
face. Other regulations established by the Shoshone-Bannock Tribes also 
apply on the reservation.
* * * * *
    (w) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal 
Members Only).

Band-Tailed Pigeon

    Season Dates: Open September 1 through October 31, 2012.
    Daily Bag and Possession Limits: Four and eight, respectively.

Mourning Dove

    Season Dates: Open September 1 through October 31, 2012.
    Daily Bag and Possession Limits: 10 and 20, respectively.

Ducks

    Season Dates: Open October 1, 2012, through February 15, 2013.
    Daily Bag and Possession Limits: 10 ducks, including no more than 
three hen mallards, seven mallards, three pintail, three canvasback, 
three scaup, and three redheads. The possession limit is twice the 
daily bag limit.

Coots

    Season Dates: Open October 1, 2012, through January 31, 2013.
    Daily Bag and Possession Limits: 25 coots. The possession limit is 
twice the daily bag limit.

Common Snipe

    Season Dates: Open October 1, 2012, through January 31, 2013.
    Daily Bag and Possession Limits: 10 and 20 snipe, respectively.

Geese

    Season Dates: Open October 1, 2012, through February 15, 2013.
    Daily Bag and Possession Limits: 6 and 12, respectively.

Brant

    Season Dates: Open October 1, 2012, through January 31, 2013.
    Daily Bag and Possession Limits: 3 and 6, respectively.
    Tribal members hunting on lands will observe all basic Federal 
migratory bird hunting regulations found in 50 CFR part 20, which will 
be enforced by the Stillaguamish Tribal Law Enforcement. Tribal members 
are required to use steel shot or a nontoxic shot as required by 
Federal regulations.
* * * * *
    (y) The Tulalip Tribes of Washington, Tulalip Indian Reservation, 
Marysville, Washington (Tribal Members and Nontribal Hunters).

Tribal Members Only

Ducks

    Season Dates: Open September 7, 2012, through February 28, 2013.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, two pintail, one canvasback, three scaup, and 
two redheads. Possession limit is twice the daily bag limit.

Geese

    Season Dates: Open September 7, 2012, through February 28, 2013.
    Daily Bag and Possession Limits: Seven geese. Possession limit is 
twice the daily bag limit.

Brant

    Season Dates: Open September 7, 2012, through February 28, 2013.
    Daily Bag and Possession Limits: Two and four brant, respectively.

Coots

    Season Dates: Open September 7, 2012, through February 28, 2013.
    Daily Bag and Possession Limits: 25 and 25 coots, respectively.

Snipe

    Season Dates: Open September 7, 2012, through February 28, 2013.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

Nontribal Hunters

Ducks

    Season Dates: Open October 13, 2012, through January 27, 2013.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, two pintail, one canvasback, and two redheads. 
Possession limit is twice the daily bag limit.

Dark Geese

    Season Dates: October 13, 2012, through January 27, 2013.
    Daily Bag and Possession Limits: Four dark geese. Possession limit 
is twice the daily bag limit.

Light Geese

    Season Dates: November 14, 2012, through February 28, 2013.
    Daily Bag and Possession Limits: 10 light geese. Possession limit 
is twice the daily bag limit.

Brant

    Season Dates: Open October 13 through October 28, 2012.
    Daily Bag and Possession Limits: Two and four brant, respectively.

Coots

    Season Dates: Open October 13, 2012, through January 27, 2013.
    Daily Bag and Possession Limits: 25 and 25 coots, respectively.

Snipe

    Season Dates: Open November 14, 2012, through February 28, 2013.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
    General Conditions: All tribal hunters must have a valid Tribal ID 
card on his or her person while hunting. All nontribal hunters must 
obtain and possess while hunting a valid Tulalip Tribe hunting permit 
and be accompanied by a Tulalip Tribal member. Shooting hours are one-
half hour before sunrise to sunset, and steel shot is required for all 
migratory bird hunting. Hunters must observe all other basic Federal 
migratory bird hunting regulations in 50 CFR part 20.
    (z) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal 
Members Only).

Ducks

    Season Dates: Open October 1, 2012, through February 28, 2013.
    Daily Bag and Possession Limits: 15 and 20, respectively.

Coots

    Season Dates: Open October 1, 2012, through February 15, 2013.
    Daily Bag and Possession Limits: 20 and 30, respectively.

Geese

    Season Dates: Open October 1, 2012, through February 28, 2013.
    Daily Bag and Possession Limits: Seven and ten geese, respectively.

Brant

    Season Dates: Open November 1 through 10, 2012.
    Daily Bag and Possession Limits: Two and two, respectively.

[[Page 58664]]

Mourning Dove

    Season Dates: Open September 1 through December 31, 2012.
    Daily Bag and Possession Limits: 12 and 15 mourning doves, 
respectively.
    General Conditions: Tribal members must have the tribal 
identification and harvest report card on their person to hunt. Tribal 
members hunting on the Reservation will observe all basic Federal 
migratory bird hunting regulations found in 50 CFR part 20, except 
shooting hours would be one-half hour before official sunrise to one-
half hour after official sunset.
    (aa) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal 
Members Only).

Teal

    Season Dates: Open October 11, 2012, through February 23, 2013.
    Daily Bag Limits: Six teal.

Ducks

    Season Dates: Open October 13 through 21, 2012, and open October 
29, 2012, through February 23, 2013.
    Daily Bag Limits: Six ducks, including no more than four hen 
mallards, six black ducks, four mottled ducks, one fulvous whistling 
duck, four mergansers, three scaup, two hooded merganser, three wood 
ducks, one canvasback, two redheads, and two pintail. The season is 
closed for harlequin ducks.

Sea Ducks

    Season Dates: Open October 6, 2012, through February 23, 2013.
    Daily Bag Limits: Seven ducks including no more than four of any 
one species (only one of which may be a hen eider).

Woodcock

    Season Dates: Open October 11 through November 24, 2012.
    Daily Bag Limits: Three woodcock.

Canada Geese

    Season Dates: Open September 5 through 22, 2012, and open October 
29, 2012, through February 23, 2013.
    Daily Bag Limits: Eight Canada geese.

Snow Geese

    Season Dates: Open September 5 through 22, 2012, and open November 
26, 2012, through February 23, 2013.
    Daily Bag Limits: 15 snow geese.

Sora and Virginia Rails

    Season Dates: Open September 1 through November 10, 2012.
    Daily Bag Limits: 5 sora and 10 Virginia rails.

Snipe

    Season Dates: Open September 1 through December 16, 2012.
    Daily Bag Limits: Eight snipe.
    General Conditions: Shooting hours are one-half hour before sunrise 
to sunset. Nontoxic shot is required. All other basic Federal migratory 
bird hunting regulations contained in 50 CFR part 20 will be observed.
* * * * *
    (cc) White Mountain Apache Tribe, Fort Apache Indian Reservation, 
Whiteriver, Arizona (Tribal Members and Nontribal Hunters).

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

    Season Dates: Open September 1 through 15, 2012.
    Daily Bag and Possession Limits: Three and six pigeons, 
respectively.

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

    Season Dates: Open September 1 through 15, 2012.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Ducks and Mergansers

    Season Dates: Open October 20, 2012, through January 27, 2013.
    Daily Bag Limits: Seven, including no more than two female 
mallards, two redhead, two pintail, and one canvasback.

Coots

    Season Dates: Open October 20, 2012, through January 27, 2013.
    Daily Bag and Possession Limits: 25 and 50, respectively.

Canada Geese

    Season Dates: Open October 20, 2012, through January 27, 2013.
    Daily Bag and Possession Limits: Three and six geese, respectively.
    General Conditions: All nontribal hunters hunting band-tailed 
pigeons and mourning doves on Reservation lands shall have in their 
possession a valid White Mountain Apache Daily or Yearly Small Game 
Permit. In addition to a small game permit, all nontribal hunters 
hunting band-tailed pigeons must have in their possession a White 
Mountain Special Band-tailed Pigeon Permit. Other special regulations 
established by the White Mountain Apache Tribe apply on the 
reservation. Tribal and nontribal hunters will comply with all basic 
Federal migratory bird hunting regulations in 50 CFR Part 20 regarding 
shooting hours and manner of taking.
    (dd) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and 
Nontribal Hunters)

Tribal Members Only

Ducks (Including Mergansers and Coots)

    Season Dates: Open October 6, 2012, through January 20, 2013.
    Daily Bag Limits: Six ducks, which may include no more than five 
mallards (no more than two hens), one canvasback, two redheads, two 
pintail, three wood ducks, and two hooded mergansers. The Coot daily 
bag limit is 15.

Dark Geese

    Season Dates: Open October 27, 2012, through February 24, 2013.
    Daily Bag and Possession Limits: Three and six geese, respectively.

Light Geese

    Season Dates: Open October 27, 2012, through February 24, 2013.
    Daily Bag Limits: 20 geese.

Non-Tribal Members

Ducks (Including Mergansers and Coots)

    Season Dates: Open October 6, 2012, through December 18, 2013.
    Daily Bag Limits: Six ducks, which may include no more than five 
mallards (no more than two hens), one canvasback, two redheads, two 
pintail, three wood ducks, and two hooded mergansers. The coot daily 
bag limit is 15.

Dark Geese

    Season Dates: Open November 3, 2012, through February 15, 2013.
    Daily Bag and Possession Limits: Three and six geese, respectively.

Light Geese

    Season Dates: Open November 3, 2012, through February 15, 2013.
    Daily Bag Limits: 20 geese.

    Dated: September 10, 2012.
Michael J. Bean,
Acting Principal Deputy Assistant Secretary for Fish and Wildlife and 
Parks.
[FR Doc. 2012-23073 Filed 9-20-12; 8:45 am]
BILLING CODE 4310-55-P