Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2014-15 Season, 46939-46955 [2014-18861]
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Vol. 79
Monday,
No. 154
August 11, 2014
Part III
Department of the Interior
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Fish and Wildlife Service
50 CFR Part 20
Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations and Ceded Lands for the 2014–15
Season; Proposed Rule
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Federal Register / Vol. 79, No. 154 / Monday, August 11, 2014 / Proposed Rules
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS–HQ–MB–2014–0017;
FF09M21200–134–FXMB1231099BPP0]
RIN 1018–AZ80
Migratory Bird Hunting; Proposed
Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations
and Ceded Lands for the 2014–15
Season
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
The U.S. Fish and Wildlife
Service (hereinafter, Service or we)
proposes special migratory bird hunting
regulations for certain Tribes on Federal
Indian reservations, off-reservation trust
lands, and ceded lands for the 2014–15
migratory bird hunting season.
DATES: You must submit comments on
the proposed regulations by August 21,
2014.
ADDRESSES: You may submit comments
on the proposals by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments
on Docket No. FWS–HQ–MB–2014–
0017.
• U.S. mail or hand delivery: Public
Comments Processing, Attn: FWS–HQ–
MB–2014–0017; Division of Policy and
Directives Management; U.S. Fish and
Wildlife Service; U.S. Fish & Wildlife
Headquarters, MS: BPHC; 5275 Leesburg
Pike, Falls Church, VA 22041–3803.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Public Comments section below for
more information).
FOR FURTHER INFORMATION CONTACT: Ron
W. Kokel, U.S. Fish and Wildlife
Service, Department of the Interior, MS:
MB, 5275 Leesburg Pike, Falls Church,
VA 22041–3803; (703) 358–1967.
SUPPLEMENTARY INFORMATION: In the
April 30, 2014, Federal Register (79 FR
24512), we requested proposals from
Indian Tribes wishing to establish
special migratory bird hunting
regulations for the 2014–15 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
31 Indian Tribes, based on the input we
received in response to the April 30,
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SUMMARY:
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2014, proposed rule, and our previous
rules. As described in that 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) On-reservation 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) On-reservation 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) 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 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 off-reservation
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
non-Indians within the reservation.
Tribes usually have the authority to
regulate migratory bird hunting by
nonmembers on Indian-owned
reservation lands, subject to Service
approval. The question of jurisdiction is
more complex on reservations that
include lands owned by non-Indians,
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
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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, and we
may modify regulations or establish
experimental special hunts, after
evaluation of 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
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is paramount. Further, 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 1988–89
hunting season (53 FR 31612, August
18, 1988). 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.
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Service Migratory Bird Regulations
Committee Meetings
Participants at the June 25–26, 2014,
meetings reviewed information on the
current status of migratory shore and
upland game birds and developed 2014–
15 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 30–31, 2014, meetings
will review information on the current
status of waterfowl and develop
recommendations for the 2014–15
regulations pertaining to regular
waterfowl seasons and other species and
seasons not previously discussed at the
early-season meetings. In accordance
with Department of the Interior policy,
these meetings are open to public
observation and you may submit
comments on the matters discussed.
Population Status and Harvest
Preliminary information on the status
of waterfowl and information on the
status and harvest of migratory shore
and upland game birds was excerpted
from various reports and provided in
the July 31, 2014, Federal Register (79
FR 44580). 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 https://www.fws.gov/
migratorybirds/
NewsPublicationsReports.html.
Hunting Season Proposals From Indian
Tribes and Organizations
For the 2014–15 hunting season, we
received requests from 25 Tribes and
Indian organizations. In this proposed
rule, we respond to these requests and
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also evaluate anticipated requests for six
Tribes from whom we usually hear but
from whom we have not yet received
proposals. 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 late-season hunting. A
final rule will be published in a lateAugust 2014 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 late-season
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 31, 2014
(79 FR 44580); early-season final
frameworks will be published in late
August. Proposed late-season
frameworks for waterfowl and coots will
be published in mid-August, 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 31 Tribes that meet the
established criteria are shown below.
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(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 2014–15 proposal, the
Colorado River Indian Tribes request
split dove seasons. They propose that
their early season begin September 1
and end September 15, 2014. Daily bag
limits would be 10 mourning or whitewinged doves in the aggregate. The late
season for doves is proposed to open
November 8, 2014, and close December
22, 2014. 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 one-half
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 17, 2014, and close January 26,
2015. 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, two cinnamon teal, and one
canvasback. 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. Shooting hours would be
from one-half hour before sunrise to
sunset.
For geese, the Colorado River Indian
Tribes propose a season of October 19,
2014, through January 20, 2015. 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. Shooting hours would be from onehalf hour before sunrise to sunset.
In 1996, the Tribes conducted a
detailed assessment of dove hunting.
Results showed approximately 16,100
mourning doves and 13,600 whitewinged doves were harvested by
approximately 2,660 hunters who
averaged 1.45 hunter-days. Field
observations and permit sales indicate
that fewer than 200 hunters participate
in waterfowl seasons. Under the
proposed regulations described here and
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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
2014–15 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, which 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, duck, and coot 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, 2014, through
March 9, 2015. Daily bag and possession
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 1993–94 and
1994–95 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 2014–15 hunting
season.
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(c) Fond du Lac Band of Lake Superior
Chippewa Indians, Cloquet, Minnesota
(Tribal Members Only)
Daily Bag Limit: One sandhill crane.
A crane carcass tag is required prior to
hunting.
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 26, 2014, proposal
covers land set apart for the band under
the Treaties of 1837 and 1854 in
northeastern and east-central Minnesota
and the Band’s Reservation near Duluth.
The band’s proposal for 2014–15 is
essentially the same as that approved
last year except for an expansion of the
sandhill crane season to include both
the 1854 and 1837 ceded territories only
and not reservation lands. The proposed
2014–15 waterfowl hunting season
regulations for Fond du Lac are as
follows:
Coots and Common Moorhens (Common
Gallinules)
Ducks
A. 1854 and 1837 Ceded Territories:
Season Dates: Begin September 13
and end November 30, 2014.
Daily Bag Limit: 18 ducks, including
no more than 12 mallards (only 3 of
which may be hens), 9 black ducks, 9
scaup, 9 wood ducks, 9 redheads, 9
pintails, and 9 canvasbacks.
B. Reservation:
Season Dates: Begin September 1 and
end November 24, 2014.
Daily Bag Limit: 12 ducks, including
no more than 8 mallards (only 2 of
which may be hens), 6 black ducks, 6
scaup, 6 redheads, 6 pintails, 6 wood
ducks, and 6 canvasbacks.
Mergansers
A. 1854 and 1837 Ceded Territories:
Season Dates: Begin September 13
and end November 30, 2014.
Daily Bag Limit: 15 mergansers,
including no more than 6 hooded
mergansers.
B. Reservation:
Season Dates: Begin September 1 and
end November 24, 2014.
Daily Bag Limit: 10 mergansers,
including no more than 4 hooded
mergansers.
Canada Geese
A. 1854 and 1837 Ceded Territories:
Season Dates: Begin September 13
and end November 30, 2014.
Daily Bag Limit: 20 geese.
B. Reservation:
Season Dates: Begin September 1 and
end November 24, 2014.
Daily Bag Limit: 20 geese.
Sandhill Cranes: 1854 and 1837 Ceded
Territories Only
Season Dates: Begin September 1 and
end November 30, 2014.
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A. 1854 and 1837 Ceded Territories:
Season Dates: Begin September 13
and end November 30, 2014.
Daily Bag Limit: 20 coots and
common moorhens, singly or in the
aggregate.
B. Reservation:
Season Dates: Begin September 1 and
end November 24, 2014.
Daily Bag Limit: 20 coots and
common moorhens, singly or in the
aggregate.
Sora and Virginia Rails: All Areas
A. 1854 and 1837 Ceded Territories:
Season Dates: Begin September 1 and
end November 30, 2014.
Daily Bag Limit: 25 sora and Virginia
rails, singly or in the aggregate.
B. Reservation:
Season Dates: Begin September 1 and
end November 24, 2014.
Daily Bag Limit: 25 sora and Virginia
rails, singly or in the aggregate.
Common Snipe
A. 1854 and 1837 Ceded Territories:
Season Dates: Begin September 1 and
end November 30, 2014.
Daily Bag Limit: Eight common snipe.
B. Reservation:
Season Dates: Begin September 1 and
end November 24, 2014.
Daily Bag Limit: Eight common snipe.
Woodcock
A. 1854 and 1837 Ceded Territories:
Season Dates: Begin September 1 and
end November 30, 2014.
Daily Bag Limit: Three woodcock.
B. Reservation:
Season Dates: Begin September 1 and
end November 25, 2014.
Daily Bag Limit: Three woodcock.
Mourning Dove
A. 1854 and 1837 Ceded Territories:
Season Dates: Begin September 1 and
end November 30, 2014.
Daily Bag Limit: 30 mourning doves.
B. Reservation:
Season Dates: Begin September 1 and
end October 30, 2014.
Daily Bag Limit: 30 mourning doves.
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 one-half hour before sunrise to onehalf hour after sunset.
3. Except as otherwise noted, tribal
members will be required to comply
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with tribal codes that will be no less
restrictive than the provisions of
Chapter 10 of the Model Off-Reservation
Code. Except as modified by the Service
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 for
migratory birds. 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 on-reservation. All migratory
birds that fall on reservation lands will
not count as part of any off-reservation
bag or possession limit.
The band anticipates harvest will be
fewer than 500 ducks and geese, and
fewer than 10 sandhill cranes.
We propose to approve the request for
special migratory bird hunting
regulations for the Fond du Lac Band of
Lake Superior Chippewa Indians.
(d) Grand Traverse Band of Ottawa and
Chippewa Indians, Suttons Bay,
Michigan (Tribal Members Only)
In the 1995–96 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 self-governing,
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
1986–87 hunting season.
For the 2014–15 season, the Tribe
requests that the tribal member duck
season run from September 15, 2014,
through January 15, 2015. A daily bag
limit of 20 would include no more than
5 pintail, 5 canvasback, 1 hooded
merganser, 5 black ducks, 5 wood
ducks, 3 redheads, and 9 mallards (only
4 of which may be hens).
For Canada and snow geese, the Tribe
proposes a September 1 through
November 30, 2014, and a January 1
through February 8, 2015, season. For
white-fronted geese and brant, the Tribe
proposes a September 20 through
November 30, 2014, season. The daily
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bag limit for Canada and snow geese
would be 10, and the daily bag limit for
white-fronted geese and including brant
would be 5 birds. We further note that,
based on available data (of major goose
migration routes), 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,
2014, 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, 2014, 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 2013–14
hunting season indicated that
approximately 30 tribal hunters
harvested an estimated 100 ducks and
45 Canada geese.
We propose to approve the Grand
Traverse Band of Ottawa and Chippewa
Indians 2014–15 special migratory bird
hunting proposal.
(e) 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,
off-reservation 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) (GLIFWC is an intertribal
agency exercising delegated natural
resource management and regulatory
authority from its member Tribes in
portions of Wisconsin, Michigan, and
Minnesota). Beginning in 1986, a Tribal
season on ceded lands in the western
portion of the Michigan Upper
Peninsula was developed in
coordination with the Michigan
Department of Natural Resources. We
have approved regulations for Tribal
members in both Michigan and
Wisconsin since the 1986–87 hunting
season. In 1987, GLIFWC requested, and
we approved, 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 both
Wisconsin and Michigan have raised
various concerns over the years.
Minnesota did not concur with the
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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. In
1999, the U.S. Supreme Court upheld
the existence of the tribes’ treaty
reserved rights in Minnesota v. Mille
Lacs Band, 199 S.Ct. 1187 (1999).
We acknowledge all of the States’
concerns, but point out that the U.S.
Government has recognized the Indian
treaty reserved rights, and that
acceptable hunting regulations have
been successfully implemented in
Minnesota, Michigan, and Wisconsin.
Consequently, in view of the above, we
have approved regulations since the
1987–88 hunting season on ceded lands
in all three States. In fact, this
recognition of the principle of treaty
reserved rights for band members to
hunt and fish was pivotal in our
decision to approve a 1991–92 season
for the 1836 ceded area in Michigan.
Since then, in the 2007 Consent Decree
the 1836 Treaty Tribes’ and Michigan
Department of Natural Resources and
Environment established courtapproved regulations pertaining to offreservation hunting rights for migratory
birds.
For 2014, the GLIFWC proposes 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 in Wisconsin and
Michigan), the Mille Lacs Band of
Ojibwe and the six Wisconsin Bands
(for the 1837 Treaty area in Minnesota),
and the Bay Mills Indian Community
(for the 1836 Treaty area in Michigan).
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,
and the Sokaogon Chippewa
Community (Mole Lake Band), all in
Wisconsin; the Mille Lacs Band of
Chippewa Indians and the Fond du Lac
Band of Lake Superior Chippewa
Indians in Minnesota; and the Lac Vieux
Desert Band of Chippewa Indians and
the Keweenaw Bay Indian Community
in Michigan.
The GLIFWC 2014 proposal has
several significant changes from
regulations approved last season. In the
1837 and 1842 Treaty Areas, the
GLIFWC proposal would allow the use
of electronic calls; would extend
shooting hours to 40 minutes before
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sunrise and after sunset in the 1837 and
1842 ceded territories; would allow the
first hunting season of swans; and
would remove restrictions on the use
and placement of (non-living) decoys in
Wisconsin.
GLIFWC states that the proposed
regulatory changes are intended to
provide tribal members a harvest
opportunity within the scope of rights
reserved in their various treaties and
increase tribal subsistence harvest
opportunities, while protecting
migratory bird populations. Under the
GLIFWC’s proposed regulations,
GLIFWC expects total ceded territory
harvest to be approximately 1,650
ducks, 375 geese, 20 sandhill cranes,
and 20 swans, which is roughly similar
to anticipated levels in previous years
for those species for which seasons were
established. GLIWFC further anticipates
that tribal harvest will remain low given
the small number of tribal hunters and
the limited opportunity to harvest more
than a small number of birds on most
hunting trips.
Recent GLIFWC harvest surveys
(1996–98, 2001, 2004, and 2007–08,
2011, and 2012) indicate that tribal offreservation waterfowl harvest has
averaged fewer than 1,100 ducks and
250 geese annually. In the latest survey
year for which we have specific results
(2012), an estimated 86 hunters took an
estimated 1,090 trips and harvested
1,799 ducks (1.7 ducks per trip) and 822
geese. Analysis of hunter survey data
over 1996–2012 indicates a general
downward trend in both harvest and
hunter participation. While we
acknowledge that tribal harvest and
participation has declined in recent
years, we do not believe that some of the
GLIFWC’s proposal for tribal waterfowl
seasons on ceded lands in Wisconsin,
Michigan, and Minnesota for the 2014–
15 season is in the best interest of the
conservation of migratory birds. More
specific discussion follows below.
Allowing Electronic Calls
As we have stated the last three years
(76 FR 54676, September 1, 2011; 77 FR
54451, September 5, 2012; 78 FR 53218,
August 28, 2013), the issue of allowing
electronic calls and other electronic
devices for migratory game bird hunting
has been highly debated and highly
controversial over the last 40 years,
similar to other prohibited hunting
methods such as baiting. Electronic
calls, i.e., the use or aid of recorded or
electronic amplified bird calls or
sounds, or recorded or electrically
amplified imitations of bird calls or
sounds to lure or attract migratory game
birds to hunters, was Federally
prohibited in 1957, because of their
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effectiveness in attracting and aiding the
harvest of ducks and geese and are
generally not considered a legitimate
component of hunting. In 1999, after
much debate, the migratory bird
regulations were revised to allow the
use of electronic calls for the take of
light geese (lesser snow geese and Ross
geese) during a light-goose-only season
when all other waterfowl and crane
hunting seasons, excluding falconry,
were closed (64 FR 7507, February 16,
1999; 64 FR 71236, December 20, 1999;
73 FR 65926, November 5, 2008). The
regulations were also changed in 2006,
to allow the use of electronic calls for
the take of resident Canada geese during
Canada-goose-only September seasons
when all other waterfowl and crane
seasons, excluding falconry, were closed
(71 FR 45964, August 10, 2006). In both
instances, these changes were made in
order to significantly increase the
harvest of these species due to either
serious population overabundance,
depredation issues, or public health and
safety issues, or a combination of these.
Available information from the use of
additional hunting methods, such as
electronic calls, during the special lightgoose seasons indicate that total harvest
increased approximately 50 to 69
percent. On specific days when lightgoose special regulations were in effect,
the mean light goose harvest increased
244 percent. One research study found
that lesser snow goose flocks were 5.0
times more likely to fly within gun
range (≤50 meters) in response to
electronic calls than to traditional calls,
and the mean number of snow geese
killed per hour per hunter averaged 9.1
times greater for electronic calls than for
traditional calls. While these results are
only directly applicable to light geese,
we believe these results are applicable
to most waterfowl species, and
indicative of some likely adverse
harvest impacts on other geese and
ducks.
Removal of the electronic call
prohibition would be inconsistent with
our long-standing conservation
concerns. Given available evidence on
the effectiveness of electronic calls, and
the large biological uncertainty
surrounding any widespread use of
electronic calls, we believe the potential
for overharvest could contribute to longterm population declines. Further,
migratory patterns could be affected,
and it is possible that hunter
participation could increase beyond
GLIFWC’s estimates (50 percent) and
could result in additional conservation
impacts, particularly on locally breeding
populations. Thus, we continue to not
support allowing the use of electronic
calls in the 1837 and 1842 Treaty Areas.
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Additionally, given the fact that tribal
waterfowl hunting covered by this
proposal would occur on ceded lands
that are not in the ownership of the
Tribes, we believe the use of electronic
calls to take waterfowl would lead to
confusion on the part of the public,
wildlife-management agencies, and law
enforcement officials in implementing
the requirements of 50 CFR part 20.
Further, similar to the impacts of
baiting, uncertainties concerning the
zone of influence attributed to the use
of electronic calls could potentially
increase harvest from nontribal hunters
operating within areas electronic calls
are being used during the dates of the
general hunt, thereby posing risks to the
migratory patterns and distribution of
migratory waterfowl.
Lastly, we remind GLIFWC that
electronic calls generally are permitted
for the take of resident Canada geese
during Canada-goose-only September
seasons when all other waterfowl and
crane seasons are closed (generally
September 1–15 in the areas in
question). However, in the case of
GLIFWC’s proposed seasons, electronic
calls could be not used since GLIFWC
has elected a September 1 duck season
opener. This specific regulatory change
was implemented in 2006, in order to
significantly control resident Canada
geese due to widespread population
overabundance, depredation issues, and
public health and safety issues.
Expanded Shooting Hours
Normally, shooting hours for
migratory game birds are one-half hour
before sunrise to sunset. A number of
reasons and concerns have been cited
for extending shooting hours past
sunset. Potential impacts to some
locally breeding populations (e.g., wood
ducks), hunter safety, difficulty of
identifying birds, retrieval of downed
birds, and impacts on law enforcement
are some of the normal concerns raised
when discussing potential expansions of
shooting hours. However, despite these
concerns, in 2007, we supported the
expansion of shooting hours by 15
minutes after sunset in the 1837, 1842,
and 1836 Treaty Areas (72 FR 58452,
October 15, 2007). We had previously
supported this expansion in other tribal
areas and have not been made aware of
any wide-scale problems. Further, at
that time, we believed that the
continuation of a specific species
restriction within the daily bag limit for
mallards, and the implementation of a
species restriction within the daily bag
limit for wood ducks, would allay
potential conservation concerns for
these species. We supported the
increase with the understanding that the
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Tribe and we would closely monitor
tribal harvest.
In 2012, in deference to tribal
traditions and in the interest of
cooperation, and in spite of our
previously identified concerns regarding
species identification, species
conservation of locally breeding
populations, retrieval of downed birds,
hunter safety, and law enforcement
impacts, we approved shooting 30
minutes after sunset (an extension of 15
minutes from the then-current 15
minutes after sunset) (77 FR 54451,
September 5, 2012). This was consistent
with other Tribes in the general area
(Fond du Lac, Leech Lake, Oneida, Sault
Ste Marie, and White Earth). Extending
shooting hours on both the front end
and the back end of the day to 40
minutes before sunrise and 40 minutes
after sunset as GLIWFC has proposed
would be contrary to public safety and
only heightens our previously identified
concerns. We see no viable remedies to
allay our concerns. Shooting this early
or late would also significantly increase
the potential take of non-game birds.
Thus, we cannot support increasing the
shooting hours by an additional 10
minutes in the 1837 and 1842 Treaty
Areas (to 40 minutes before sunrise and
40 minutes after sunset).
Swan Season
As we stated the last two years (77 FR
54451, September 5, 2012; 78 FR 53218,
August 28, 2013), we are not opposed to
the establishment of a tundra swan
season in Wisconsin. Further, we are
not conceptually opposed to the
establishment of a general swan season.
However, before the establishment of
such a season in the ceded territory
areas in question, we stated that there
were several significant concerns and
special considerations. We believe that
GLIFWC has addressed those concerns
with their current proposal.
First, the proposed areas in question
are home to significant numbers of
trumpeter swans. While the GLIFWC’s
proposed season is for both tundra and
trumpeter swans, there are important
differences that require careful
consideration. Many cooperators,
including GLIFWC, worked together to
reestablish a breeding trumpeter swan
population in the Great Lakes. These
efforts have been largely successful with
the removal of this species from
Wisconsin’s endangered species list in
2009. After a 25-year recovery program,
there are currently about 200 breeding
pairs in Wisconsin. Further, within
Wisconsin, the northern ceded territory
is an area of high trumpeter swan use
containing over 80 percent of the
breeding pairs. While we believe it is
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always best to avoid such areas either
temporally or geographically to the
extent possible, and to focus hunting
efforts on the primary tundra swan
migration concentrations while avoiding
areas of significant trumpeter swan
numbers, most such areas are located
outside of the ceded territories of
northern Wisconsin.
To address concerns about the
potential harvest of trumpeter swans by
tribal hunters hunting during a general
swan season, GLIFWC has proposed 2
significant conditions. First, all
harvested swans would have to be
registered by presenting the fullyfeathered carcass to a tribal registration
station or GLIFWC warden. This
requirement would allow the harvested
bird to be identified as to the species.
Second, if the total number of trumpeter
swans harvested reaches 10, the swan
season would be closed by emergency
tribal rule. Hunters would be expected
to check GLIFWC’s Web site each day
they hunt to determine the current
season status. We believe both of these
proposed restrictions will significantly
limit any potential impacts to trumpeter
swans. Further, GLIWFC’s proposal to
not open the season until November 1,
when they state that migrant swans have
typically arrived into the ceded areas in
appreciable numbers, contributes to
alleviating our concerns regarding the
potential take of trumpeter swans.
GLIFWC anticipates a total swan harvest
of fewer than 20 birds (tundra and
trumpeter).
For these reasons, we believe that a
tribal swan hunting season in the ceded
territory should be implemented this
year.
‘‘reserve’’ hunting areas in public waters
(i.e., those lands in the ceded territories
outside of lands directly controlled by
the Tribes) could lead to confusion and
frustration on the part of the public,
hunters, wildlife-management agencies,
and law enforcement officials due to the
inherent difficulties of different sets of
hunting regulations for different areas
and groups of hunters. While we have
included GLIFWC’s proposed language
regarding the restriction in their General
Conditions portion of their proposed
regulations as a courtesy, we view this
issue as a Tribal–State issue, and the
Service takes no position on it in this
proposed rule.
The proposed 2014–15 waterfowl
hunting season regulations apply to all
treaty areas (except where noted) for
GLIFWC as follows:
Remove Restrictions on Decoy Use in
Wisconsin
In Wisconsin, State law requires that
decoys may not be placed more than an
hour before legal shooting hours or left
out more than 20 minutes after legal
shooting hours. As we stated in 2011
concerning a similar decoy restriction in
Michigan (76 FR 54676, September 1,
2011), and in 2012 concerning this
restriction (77 FR 54451, September 5,
2012), while we believe that there may
be safety concerns with elimination of
such a restriction, we take no position
on the relative need or lack of need for
such a restriction. Other than
regulations on National Wildlife Refuges
and other Federal lands, there are no
Federal restrictions requiring the
removal of unattended decoys.
Additionally, given the fact that tribal
waterfowl hunting covered by this rule
would occur on ceded lands that are not
in the ownership of the Tribes, we
believe the use of unattended decoys to
Other Migratory Birds
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Ducks
Season Dates: Begin September 1 and
end December 31, 2014.
Daily Bag Limit: 50 ducks in the 1837
and 1842 Treaty Area; 30 ducks in the
1836 Treaty Area.
Mergansers
Season Dates: Begin September 1 and
end December 31, 2014.
Daily Bag Limit: 10 mergansers.
Geese
Season Dates: Begin September 1 and
end December 31, 2014. In addition, any
portion of the ceded territory that is
open to State-licensed hunters for goose
hunting outside of these dates will also
be open concurrently for tribal
members.
Daily Bag Limit: 20 geese in aggregate.
A. Coots and Common Moorhens
(Common Gallinules):
Season Dates: Begin September 1 and
end December 31, 2014.
Daily Bag Limit: 20 coots and
common moorhens (common
gallinules), singly or in the aggregate.
B. Sora and Virginia Rails:
Season Dates: Begin September 1 and
end December 31, 2014.
Daily Bag and Possession Limits: 20,
singly, or in the aggregate, 25.
C. Common Snipe:
Season Dates: Begin September 1 and
end December 31, 2014.
Daily Bag Limit: 16 common snipe.
D. Woodcock:
Season Dates: Begin September 2 and
end December 31, 2014.
Daily Bag Limit: 10 woodcock.
E. Mourning Dove: 1837 and 1842
Ceded Territories only.
Season Dates: Begin September 1 and
end November 9, 2014.
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Daily Bag Limit: 15 mourning doves.
F. Sandhill Cranes: 1837 and 1842
Ceded Territories only.
Season Dates: Begin September 1 and
end December 31, 2014.
Daily Bag Limit: 2 cranes.
G. Swans: 1837 and 1842 Ceded
Territories only.
Season Dates: Begin November 1 and
end December 31, 2014.
Daily Bag Limit: 2 swans. All
harvested swans must be registered by
presenting the fully-feathered carcass to
a tribal registration station or GLIFWC
warden. If the total number of trumpeter
swans harvested reaches 10, the swan
season will be closed by emergency
tribal rule.
General Conditions
A. All tribal members will be required
to obtain a valid tribal waterfowl
hunting permit.
B. Except as otherwise noted, tribal
members will be required to comply
with tribal codes that will be no less
restrictive than the model ceded
territory conservation codes approved
by Federal courts in the Lac Courte
Oreilles v. State of Wisconsin (Voigt)
and Mille Lacs Band v. State of
Minnesota cases. Chapter 10 in each of
these model codes regulates ceded
territory migratory bird hunting. Both
versions of Chapter 10 parallel Federal
requirements as to hunting methods,
transportation, sale, exportation, and
other conditions generally applicable to
migratory bird hunting. They also
automatically incorporate by reference
the Federal migratory bird regulations
adopted in response to this proposal.
C. Particular regulations of note
include:
1. Nontoxic shot will be required for
all waterfowl hunting by tribal
members.
2. Tribal members in each zone will
comply with tribal regulations
providing for closed and restricted
waterfowl hunting areas. These
regulations generally incorporate the
same restrictions contained in parallel
State regulations.
3. There are no possession limits,
with the exception of 2 swans (in the
aggregate) and 25 rails (in the aggregate).
For purposes of enforcing bag limits, all
migratory birds in the possession and
custody of tribal members on ceded
lands will be considered to have been
taken on those lands unless tagged by a
tribal or State conservation warden as
taken on reservation lands. All
migratory birds that fall on reservation
lands will not count as part of any offreservation bag or possession limit.
4. The baiting restrictions included in
the respective section 10.05(2)(h) of the
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model ceded territory conservation
codes will be amended to include
language which parallels that in place
for nontribal members as published at
64 FR 29799, June 3, 1999.
5. The shell limit restrictions
included in the respective section
10.05(2)(b) of the model ceded territory
conservation codes will be removed.
6. Hunting hours shall be from a half
hour before sunrise to 30 minutes after
sunset.
7. Duck Blind and Decoys:
A. Michigan: Tribal members hunting
in Michigan will comply with duck
blind and decoy regulations contained
in the tribal conservation codes listed
above under item 4, except that
unattended decoys can be kept out
overnight in the Michigan portion of the
1842 ceded territory.
B. Wisconsin: Tribal members
hunting in Wisconsin will comply with
duck blind regulations contained in the
tribal conservation codes listed above
under Item 4, but there shall be no
restrictions on decoy use except for the
prohibition on using live decoys.
We propose to approve the above
GLIFWC regulations for the 2014–15
hunting season.
(f) Jicarilla Apache Tribe, Jicarilla
Indian Reservation, Dulce, New Mexico
(Tribal Members and Nontribal Hunters)
The Jicarilla Apache Tribe has had
special migratory bird hunting
regulations for tribal members and
nonmembers since the 1986–87 hunting
season. The Tribe owns all lands on the
reservation and has recognized full
wildlife management authority. In
general, the proposed seasons would be
more conservative than allowed by the
Federal frameworks of last season and
by States in the Pacific Flyway.
The Tribe proposes a 2014–15
waterfowl and Canada goose season
beginning October 11, 2014, and a
closing date of November 30, 2014.
Daily bag and possession limits for
waterfowl would be the same as Pacific
Flyway States. The Tribe proposes a
daily bag limit for Canada geese of two.
Other regulations specific to the Pacific
Flyway guidelines for New Mexico
would be in effect.
During the Jicarilla Game and Fish
Department’s 2012–13 season, estimated
duck harvest was 132, which is within
the historical harvest range. The species
composition included mainly mallards,
northern shovelor, gadwall, American
wigeon, and teal. The estimated harvest
of geese was 9 birds.
The proposed regulations are
essentially the same as were established
last year. The Tribe anticipates the
maximum 2014–15 waterfowl harvest
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would be around 300 ducks and 30
geese.
We propose to approve the Tribe’s
requested 2014–15 hunting seasons.
(g) Kalispel Tribe, Kalispel Reservation,
Usk, Washington (Tribal Members and
Nontribal Hunters)
The Kalispel Reservation was
established by Executive Order in 1914,
and currently comprises approximately
4,600 acres. The Tribe owns all
Reservation land and has full
management authority. The Kalispel
Tribe has a fully developed wildlife
program with hunting and fishing
codes. The Tribe enjoys excellent
wildlife management relations with the
State. The Tribe and the State have an
operational memorandum of
understanding with emphasis on
fisheries but also for wildlife.
The nontribal member seasons
described below pertain to a 176-acre
waterfowl management unit and 800
acres of reservation land with a guide
for waterfowl hunting. The Tribe is
utilizing this opportunity to rehabilitate
an area that needs protection because of
past land use practices, as well as to
provide additional waterfowl hunting in
the area. Beginning in 1996, the
requested regulations also included a
proposal for Kalispel-member-only
migratory bird hunting on Kalispelceded lands within Washington,
Montana, and Idaho.
For the 2014–15 migratory bird
hunting seasons, the Kalispel Tribe
proposes tribal and nontribal member
waterfowl seasons. The Tribe requests
that both duck and goose seasons open
at the earliest possible date and close on
the latest date under Federal
frameworks.
For nontribal hunters on reservation,
the Tribe requests the seasons open at
the earliest possible date and remain
open, for the maximum amount of open
days. Specifically, the Tribe requests
that the season for ducks begin
September 20, 2014, and end September
22, 2014, open again beginning
September 27, and end September 29,
2014, and then begin October 1, 2014,
and end January 20, 2015. In that
period, nontribal hunters would be
allowed to hunt approximately 103
days. Hunters should obtain further
information on specific hunt days from
the Kalispel Tribe.
For nontribal hunters on reservation,
the Tribe also requests the season for
geese run from September 6 to
September 14, 2014, and from October
1, 2014, to January 20, 2015. Total
number of days should not exceed 107.
Nontribal hunters should obtain further
information on specific hunt days from
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the Tribe. Daily bag and possession
limits would be the same as those for
the State of Washington.
The Tribe reports past nontribal
harvest of 1.5 ducks per day. Under the
proposal, the Tribe expects harvest to be
similar to last year, that is, fewer than
100 geese and 200 ducks.
All other State and Federal
regulations contained in 50 CFR part 20,
such as use of nontoxic shot and
possession of a signed migratory bird
hunting stamp, would be required.
For tribal members on Kalispel-ceded
lands, the Kalispel Tribe proposes
season dates for ducks of September 20,
2014, through January 20, 2015, and for
geese of September 6, 2014, through
January 20, 2015. Daily bag and
possession limits would parallel those
in the Federal regulations contained in
50 CFR part 20.
The Tribe reports that there was no
tribal harvest. Under the proposal, the
Tribe expects harvest to be fewer than
200 birds for the season with fewer than
100 geese. Tribal members would be
required to possess a signed Federal
migratory bird stamp and a tribal ceded
lands permit.
We propose to approve the
regulations requested by the Kalispel
Tribe, provided that the nontribal
seasons conform to Treaty limitations
and final Federal frameworks for the
Pacific Flyway.
(h) Klamath Tribe, Chiloquin, Oregon
(Tribal Members Only)
The Klamath Tribe currently has no
reservation, per se. However, the
Klamath Tribe has reserved hunting,
fishing, and gathering rights within its
former reservation boundary. This area
of former reservation, granted to the
Klamaths by the Treaty of 1864, is over
1 million acres. Tribal natural resource
management authority is derived from
the Treaty of 1864, and carried out
cooperatively under the judicially
enforced Consent Decree of 1981. The
parties to this Consent Decree are the
Federal Government, the State of
Oregon, and the Klamath Tribe. The
Klamath Indian Game Commission sets
the seasons. The tribal biological staff
and tribal regulatory enforcement
officers monitor tribal harvest by
frequent bag checks and hunter
interviews.
For the 2014–15 season, we have not
yet heard from the Tribe; however, the
Tribe usually requests proposed season
dates of October 1, 2014, through
January 31, 2015. Daily bag limits would
be 9 for ducks, 9 for geese, and 9 for
coot, with possession limits twice the
daily bag limit. Shooting hours would
be one-half hour before sunrise to one-
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half hour after sunset. Steel shot is
required.
Based on the number of birds
produced in the Klamath Basin, this
year’s harvest would be similar to last
year’s. Information on tribal harvest
suggests that more than 70 percent of
the annual goose harvest is local birds
produced in the Klamath Basin.
If we receive a proposal that matches
the Tribe’s usual request, we propose to
approve those 2014–15 special
migratory bird hunting regulations.
(i) Leech Lake Band of Ojibwe, Cass
Lake, Minnesota (Tribal Members Only)
The Leech Lake Band of Ojibwe is a
federally recognized Tribe located in
Cass Lake, Minnesota. The reservation
employs conservation officers to enforce
conservation regulations. The Service
and the Tribe have cooperatively
established migratory bird hunting
regulations since 2000.
For the 2014–15 season, the Tribe
requests a duck season starting on
September 13 and ending December 31,
2014, and a goose season to run from
September 1 through December 31,
2014. Daily bag limits for ducks would
be 10, including no more than 5 pintail,
5 canvasback, and 5 black ducks. Daily
bag limits for geese would be 10.
Possession limits would be twice the
daily bag limit. Shooting hours are onehalf hour before sunrise to one-half hour
after sunset.
The annual harvest by tribal members
on the Leech Lake Reservation is
estimated at 250 to 500 birds.
We propose to approve the Leech
Lake Band of Ojibwe’s requested 2014–
15 special migratory bird hunting
season.
(j) Little River Band of Ottawa Indians,
Manistee, Michigan (Tribal Members
Only)
The Little River Band of Ottawa
Indians is a self-governing, federally
recognized Tribe located in Manistee,
Michigan, and 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
1986–87 hunting season. Ceded lands
are located in Lake, Mason, Manistee,
and Wexford Counties. The Band
normally proposes regulations to govern
the hunting of migratory birds by Tribal
members within the 1836 Ceded
Territory as well as on the Band’s
Reservation.
For the 2014–15 season, the Little
River Band of Ottawa Indians proposes
a duck and merganser season from
September 12, 2014, through January 25,
2015. A daily bag limit of 12 ducks
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46947
would include no more than 2 pintail,
2 canvasback, 3 black ducks, 3 wood
ducks, 3 redheads, 6 mallards (only 2 of
which may be a hen), and 1 hooded
merganser. Possession limits would be
twice the daily bag limit.
For white-fronted geese, snow geese,
and brant, the Tribe proposes a
September 19 through November 30,
2014, season. Daily bag limits would be
five geese.
For Canada geese only, the Tribe
proposes a September 1, 2014, through
February 8, 2015, season with a daily
bag limit of five. The possession limit
would be twice the daily bag limit.
For snipe, woodcock, rails, and
mourning doves, the Tribe proposes a
September 1 to November 14, 2014,
season. The daily bag limit would be 10
common snipe, 5 woodcock, 10 rails,
and 10 mourning doves. Possession
limits for all species would be twice the
daily bag limit.
The Tribe monitors harvest through
mail surveys. General conditions are as
follows:
A. All tribal members will be required
to obtain a valid tribal resource card and
2014–15 hunting license.
B. Except as modified by the Service
rules adopted in response to this
proposal, these amended regulations
parallel all Federal regulations
contained in 50 CFR part 20.
C. Particular regulations of note
include:
(1) Nontoxic shot will be required for
all waterfowl hunting by tribal
members.
(2) Tribal members in each zone will
comply with tribal regulations
providing for closed and restricted
waterfowl hunting areas. These
regulations generally incorporate the
same restrictions contained in parallel
State regulations.
D. Tribal members hunting in
Michigan will comply with tribal codes
that contain provisions parallel to
Michigan law regarding duck blinds and
decoys.
We plan to approve Little River Band
of Ottawa Indians’ requested 2014–15
special migratory bird hunting seasons.
(k) The Little Traverse Bay Bands of
Odawa Indians, Petoskey, Michigan
(Tribal Members Only)
The Little Traverse Bay Bands of
Odawa Indians (LTBB) is a selfgoverning, federally recognized Tribe
located in Petoskey, Michigan, and 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 1986–87 hunting
season.
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Federal Register / Vol. 79, No. 154 / Monday, August 11, 2014 / Proposed Rules
For the 2014–15 season, the Little
Traverse Bay Bands of Odawa Indians
propose regulations similar to those of
other Tribes in the 1836 treaty area.
LTBB proposes the regulations to govern
the hunting of migratory birds by tribal
members on the LTBB reservation and
within the 1836 Treaty Ceded Territory.
The tribal member duck and merganser
season would run from September 15,
2014, through January 31, 2015. A daily
bag limit of 20 ducks and 10 mergansers
would include no more than 5 hen
mallards, 5 pintail, 5 canvasback, 5
scaup, 5 hooded merganser, 5 black
ducks, 5 wood ducks, and 5 redheads.
For Canada geese, the LTBB proposes
a September 1, 2014, through February
8, 2015, season. The daily bag limit for
Canada geese would be 20 birds. We
further note that, based on available
data (of major goose migration routes),
it is unlikely that any Canada geese from
the Southern James Bay Population
would be harvested by the LTBB.
Possession limits are twice the daily bag
limit.
For woodcock, the LTBB proposes a
September 1 to December 1, 2014,
season. The daily bag limit will not
exceed 10 birds. For snipe, the LTBB
proposes a September 1 to December 31,
2014, season. The daily bag limit will
not exceed 16 birds. For mourning
doves, the LTBB proposes a September
1 to November 14, 2014, season. The
daily bag limit will not exceed 15 birds.
For Virginia and sora rails, the LTBB
proposes a September 1 to December 31,
2014, season. The daily bag limit will
not exceed 20 birds per species. For
coots and gallinules, the LTBB proposes
a September 15 to December 31, 2014,
season. The daily bag limit will not
exceed 20 birds per species. The
possession limit will not exceed 2 days’
bag limit for all birds.
The LTBB also proposes a sandhill
crane season to begin September 1 and
end December 1, 2014. The daily bag
limit will not exceed one bird. The
possession limit will not exceed two
times the bag limit.
All other Federal regulations
contained in 50 CFR part 20 would
apply.
Harvest surveys from 2013–14
hunting season indicated that
approximately 13 hunters harvested 7
different waterfowl species. The LTBB
proposes to monitor harvest closely
through game bag checks, patrols, and
mail surveys. In particular, the LTBB
proposes monitoring the harvest of
Southern James Bay Canada geese and
sandhill cranes to assess any impacts of
tribal hunting on the population.
We propose to approve the Little
Traverse Bay Bands of Odawa Indians’
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requested 2014–15 special migratory
bird hunting regulations.
(l) Lower Brule Sioux Tribe, Lower Brule
Reservation, Lower Brule, South Dakota
(Tribal Members and Nontribal Hunters)
The Lower Brule Sioux Tribe first
established tribal migratory bird hunting
regulations for the Lower Brule
Reservation in 1994. The Lower Brule
Reservation is about 214,000 acres in
size and is located on and adjacent to
the Missouri River, south of Pierre. Land
ownership on the reservation is mixed,
and until recently, the Lower Brule
Tribe had full management authority
over fish and wildlife via a
memorandum of agreement (MOA) with
the State of South Dakota. The MOA
provided the Tribe jurisdiction over fish
and wildlife on reservation lands,
including deeded and U.S. Army Corps
of Engineers-taken lands. For the 2014–
15 season, the two parties have come to
an agreement that provides the public a
clear understanding of the Lower Brule
Sioux Wildlife Department license
requirements and hunting season
regulations. The Lower Brule
Reservation waterfowl season is open to
tribal and nontribal hunters.
For the 2014–15 migratory bird
hunting season, the Lower Brule Sioux
Tribe proposes a nontribal member
duck, merganser, and coot season length
of 107 days, or the maximum number of
days allowed by Federal frameworks in
the High Plains Management Unit for
this season. The Tribe proposes a duck
season from October 11, 2014, through
January 15, 2015. The daily bag limit
would be six birds or maximum amount
federal regulations allow, including no
more than two hen mallard and five
mallards total, two pintail, two redhead,
two canvasback, three wood duck, three
scaup, and one mottled duck. The daily
bag limit for mergansers would be five,
only two of which could be a hooded
merganser. The daily bag limit for coots
would be 15. Possession limits would be
three times the daily bag limits.
The Tribe’s proposed nontribalmember Canada goose season would run
from November 1, 2014, through
February 15, 2015 (107-day season
length), with a daily bag limit of six
Canada geese. The Tribe’s proposed
nontribal member white-fronted goose
season would run from November 1,
2014, through January 27, 2015, with a
daily bag and possession limits
concurrent with Federal regulations.
The Tribe’s proposed nontribal-member
light goose season would run from
November 1, 2014, through February 15,
2015, and February 16 through May 3,
2015. The light goose daily bag limit
would be 20 or maximum amount
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federal regulations allow with no
possession limits.
For tribal members, the Lower Brule
Sioux Tribe proposes a duck, merganser,
and coot season from September 1,
2014, through March 10, 2015. The
daily bag limit would be six ducks,
including no more than two hen mallard
and five mallards total, two pintail, two
redheads, two canvasback, three wood
ducks, three scaup, and one mottled
duck or the maximum amount federal
regulations allow. The daily bag limit
for mergansers would be five, only two
of which could be hooded mergansers.
The daily bag limit for coots would be
15. Possession limits would be three
times the daily bag limits.
The Tribe’s proposed Canada goose
season for tribal members would run
from September 1, 2014, through March
10, 2015, with a daily bag limit of six
Canada geese. The Tribe’s proposed
white-fronted goose tribal season would
run from September 1, 2014, through
March 10, 2015, with a daily bag limit
of two white-fronted geese or the
maximum that Federal regulations
allow. The Tribe’s proposed light goose
tribal season would run from September
1, 2014, through March 10, 2015, and
March 11, 2015 through May 3, 2015.
The light goose daily bag limit would be
20 or the maximum that Federal
regulations allow, with no possession
limits.
In the 2012–13 season, non-tribal
members harvested 414 geese and 658
ducks. In the 2012–13 season, duck
harvest species composition was
primarily mallard (69 percent), gadwall,
and green-winged teal (10 percent each).
The Tribe anticipates a duck harvest
similar to those of the previous 3 years
and a goose harvest below the target
harvest level of 3,000 to 4,000 geese. All
basic Federal regulations contained in
50 CFR part 20, including the use of
nontoxic shot, Migratory Waterfowl
Hunting and Conservation Stamps, etc.,
would be observed by the Tribe’s
proposed regulations. In addition, the
Lower Brule Sioux Tribe has an official
Conservation Code that was established
by Tribal Council Resolution in June
1982 and updated in 1996.
We plan to approve the Tribe’s
requested regulations for the Lower
Brule Reservation given that the
seasons’ dates fall within final Federal
flyway frameworks (applies to nontribal
hunters only).
(m) Lower Elwha Klallam Tribe, Port
Angeles, Washington (Tribal Members
Only)
Since 1996, the Service and the Point
No Point Treaty Tribes, of which Lower
Elwha was one, have cooperated to
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establish special regulations for
migratory bird hunting. The Tribes are
now acting independently, and the
Lower Elwha Klallam Tribe would like
to establish migratory bird hunting
regulations for tribal members for the
2014–15 season. The Tribe has a
reservation on the Olympic Peninsula in
Washington State and is a successor to
the signatories of the Treaty of Point No
Point of 1855.
For the 2014–15 season, the Lower
Elway Klallam Tribe requests special
migratory bird hunting regulations for
ducks (including mergansers), geese,
coots, band-tailed pigeons, snipe, and
mourning doves. The Lower Elwha
Klallam Tribe requests a duck and coot
season from September 13, 2014, to
January 4, 2015. The daily bag limit will
be seven ducks, including no more than
two hen mallards, one pintail, one
canvasback, and two redheads. The
daily bag and possession limit on
harlequin duck will be one per season.
The coot daily bag limit will be 25. The
possession limit will be twice the daily
bag limit, except as noted above.
For geese, the Tribe requests a season
from September 13, 2014, to January 4,
2015. The daily bag limit will be four,
including no more than three light
geese. The season on Aleutian Canada
geese will be closed.
For brant, the Tribe proposes to close
the season.
For mourning doves, band-tailed
pigeon, and snipe, the Tribe requests a
season from September 1, 2014, to
January 11, 2015, with a daily bag limit
of 10, 2, and 8, respectively. The
possession limit will be twice the daily
bag limit.
All Tribal hunters authorized to hunt
migratory birds are required to obtain a
tribal hunting permit from the Lower
Elwha Klallam Tribe pursuant to tribal
law. Hunting hours would be from onehalf hour before sunrise to sunset. Only
steel, tungsten-iron, tungsten-polymer,
tungsten-matrix, and tin shot are
allowed for hunting waterfowl. It is
unlawful to use or possess lead shot
while hunting waterfowl.
The Tribe typically anticipates
harvest to be fewer than 10 birds. Tribal
reservation police and Tribal fisheries
enforcement officers have the authority
to enforce these migratory bird hunting
regulations.
The Service proposes to approve the
request for special migratory bird
hunting regulations for the Lower Elwha
Klallam Tribe.
(n) Makah Indian Tribe, Neah Bay,
Washington (Tribal Members Only)
The Makah Indian Tribe and the
Service have been cooperating to
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establish special regulations for
migratory game birds on the Makah
Reservation and traditional hunting
land off the Makah Reservation since
the 2001–02 hunting season. Lands off
the Makah Reservation are those
contained within the boundaries of the
State of Washington Game Management
Units 601–603.
The Makah Indian Tribe proposes a
duck and coot hunting season from
September 27, 2014, to January 25,
2015. The daily bag limit is seven
ducks, including no more than five
mallards (only two hen mallard), one
canvasback, one pintail, three scaup,
and one redhead. The daily bag limit for
coots is 25. The Tribe has a year-round
closure on wood ducks and harlequin
ducks. Shooting hours for all species of
waterfowl are one-half hour before
sunrise to sunset.
For geese, the Tribe proposes that the
season open on September 27, 2014, and
close January 25, 2015. The daily bag
limit for geese is four and one brant. The
Tribe notes that there is a year-round
closure on Aleutian and dusky Canada
geese.
For band-tailed pigeons, the Tribe
proposes that the season open
September 13, 2014, and close October
26, 2014. The daily bag limit for bandtailed pigeons is two.
The Tribe anticipates that harvest
under this regulation will be relatively
low since there are no known dedicated
waterfowl hunters and any harvest of
waterfowl or band-tailed pigeons is
usually incidental to hunting for other
species, such as deer, elk, and bear. The
Tribe expects fewer than 50 ducks and
10 geese to be harvested during the
2014–15 migratory bird hunting season.
All other Federal regulations
contained in 50 CFR part 20 would
apply. The following restrictions are
also usually proposed by the Tribe:
(1) As per Makah Ordinance 44, only
shotguns may be used to hunt any
species of waterfowl. Additionally,
shotguns must not be discharged within
0.25 miles of an occupied area.
(2) Hunters must be eligible, enrolled
Makah tribal members and must carry
their Indian Treaty Fishing and Hunting
Identification Card while hunting. No
tags or permits are required to hunt
waterfowl.
(3) The Cape Flattery area is open to
waterfowl hunting, except in designated
wilderness areas, or within 1 mile of
Cape Flattery Trail, or in any area that
is closed to hunting by another
ordinance or regulation.
(4) The use of live decoys and/or
baiting to pursue any species of
waterfowl is prohibited.
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46949
(5) Steel or bismuth shot only for
waterfowl is allowed; the use of lead
shot is prohibited.
(6) The use of dogs is permitted to
hunt waterfowl.
The Service proposes to approve the
Makah Indian Tribe’s requested 2014–
15 special migratory bird hunting
regulations.
(o) Navajo Nation, Navajo Indian
Reservation, Window Rock, Arizona
(Tribal Members and Nontribal Hunters)
Since 1985, we have established
uniform migratory bird hunting
regulations for tribal members and
nonmembers on the Navajo Indian
Reservation (in parts of Arizona, New
Mexico, and Utah). The Navajo Nation
owns almost all lands on the reservation
and has full wildlife management
authority.
For the 2014–15 season, the Tribe
requests the earliest opening dates and
longest duck, mergansers, Canada geese
and coots seasons, and the same daily
bag and possession limits allowed to
Pacific Flyway States under final
Federal frameworks for tribal and nontribal members.
For both mourning dove and bandtailed pigeons, the Navajo Nation
proposes seasons of September 1
through September 30, 2014, with daily
bag limits of 10 and 5, respectively.
Possession limits would be twice the
daily bag limits.
The Nation requires tribal members
and nonmembers to comply with all
basic Federal migratory bird hunting
regulations in 50 CFR part 20 pertaining
to 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), which must be signed in ink
across the face. Special regulations
established by the Navajo Nation also
apply on the reservation.
The Tribe anticipates a total harvest of
fewer than 500 mourning doves; fewer
than 10 band-tailed pigeons; fewer than
1,000 ducks, coots, and mergansers; and
fewer than 1,000 Canada geese for the
2014–15 season. The Tribe measures
harvest by mail survey forms. Through
the established Navajo Nation Code,
titles 17 and 18, and 23 U.S.C. 1165, the
Tribe will take action to close the
season, reduce bag limits, or take other
appropriate actions if the harvest is
detrimental to the migratory bird
resource.
We propose to approve those the
Navajo Nation’s 2014–15 special
migratory bird hunting regulations.
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(p) Oneida Tribe of Indians of
Wisconsin, Oneida, Wisconsin (Tribal
Members Only)
Since 1991–92, the Oneida Tribe of
Indians of Wisconsin and the Service
have cooperated to establish uniform
regulations for migratory bird hunting
by tribal and nontribal hunters within
the original Oneida Reservation
boundaries. Since 1985, the Oneida
Tribe’s Conservation Department has
enforced the Tribe’s hunting regulations
within those original reservation limits.
The Oneida Tribe also has a good
working relationship with the State of
Wisconsin and the majority of the
seasons and limits are the same for the
Tribe and Wisconsin.
In a May 30, 2014, letter, the Tribe
proposes special migratory bird hunting
regulations. For ducks, the Tribe
describes the general outside dates as
being September 20 through December
7, 2014, with a closed segment of
November 22 to 30, 2014. The Tribe
proposes a daily bag limit of six birds,
which could include no more than six
mallards (three hen mallards), six wood
duck, one redhead, two pintail, and one
hooded merganser.
For geese, the Tribe requests a season
between September 1 and December 31,
2014, with a daily bag limit of five
Canada geese. The Tribe will close the
season November 22 to 30, 2014. If a
quota of 500 geese is attained before the
season concludes, the Tribe will
recommend closing the season early.
For woodcock, the Tribe proposes a
season between September 6 and
November 2, 2014, with a daily bag and
possession limit of two and four,
respectively.
For mourning dove, the Tribe
proposes a season between September 6
and November 2, 2014, with a daily bag
and possession limit of 10 and 20,
respectively.
The Tribe proposes shooting hours be
one-half hour before sunrise to one-half
hour after sunset. Nontribal hunters
hunting on the Reservation or on lands
under the jurisdiction of the Tribe must
comply with all State of Wisconsin
regulations, including shooting hours of
one-half hour before sunrise to sunset,
season dates, and daily bag limits.
Tribal members and nontribal hunters
hunting on the Reservation or on lands
under the jurisdiction of the Tribe must
observe all basic Federal migratory bird
hunting regulations found in 50 CFR
part 20, with the following exceptions:
Oneida members would be exempt from
the purchase of the Migratory Waterfowl
Hunting and Conservation Stamp (Duck
Stamp); and shotgun capacity is not
limited to three shells.
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The Service proposes to approve the
request for 2014–15 special migratory
bird hunting regulations for the Oneida
Tribe of Indians of Wisconsin.
(q) Point No Point Treaty Council
Tribes, Kingston, Washington (Tribal
Members Only)
We are establishing uniform migratory
bird hunting regulations for tribal
members on behalf of the Point No Point
Treaty Council Tribes, consisting of the
Port Gamble S’Klallam and Jamestown
S’Klallam Tribes. The two tribes have
reservations and ceded areas in
northwestern Washington State and are
the successors to the signatories of the
Treaty of Point No Point of 1855. These
proposed regulations will apply to tribal
members both on and off reservations
within the Point No Point Treaty Areas;
however, the Port Gamble S’Klallam and
Jamestown S’Klallam Tribal season
dates differ only where indicated below.
For the 2014–15 season, the Point No
Point Treaty Council requests special
migratory bird hunting regulations for
the 2014–15 hunting season for both the
Jamestown S’Klallam and Port Gamble
S’Klallam Tribes. For ducks and coots
hunting season, the Jamestown
S’Klallam Tribe season would open
September 13, 2014, and close February
1, 2015. The Port Gamble S’Klallam
Tribes season would open from
September 2, 2014, to January 31, 2015.
The daily bag limit would be seven
ducks, including no more than two hen
mallards, one canvasback, one pintail,
two redhead, and four scoters. The daily
bag limit for coots would be 25. The
daily bag limit and possession limit on
harlequin ducks would be one per
season. The daily possession limits are
double the daily bag limits except where
noted.
For geese, the Point No Point Treaty
Council proposes the season open on
September 9, 2014, and close March 10,
2015, for the Jamestown S’Klallam
Tribe, and open on September 14, 2014,
and close March 9, 2015, for the Port
Gamble S’Klallam Tribe. The daily bag
limit for geese would be four, not to
include more than three light geese. The
Council notes that there is a year-round
closure on dusky Canada geese. For
brant, the Council proposes the season
open on November 9, 2014, and close
January 31, 2015, for the Port Gamble
S’Klallam Tribe, and open on January 10
and close January 25, 2015, for the
Jamestown S’Klallam Tribe. The daily
bag limit for brant would be two.
For band-tailed pigeons, the Port
Gamble S’Klallam Tribe season would
open September 2, 2014, and close
March 9, 2015. The Jamestown
S’Klallam Tribe season would open
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September 13, 2014, and close January
18, 2015. The daily bag limit for bandtailed pigeons would be two. For snipe,
the Port Gamble S’Klallam Tribe season
would open September 2, 2014, and
close March 9, 2015. The Jamestown
S’Klallam Tribe season would open
September 13, 2014, and close March
10, 2015. The daily bag limit for snipe
would be eight. For mourning dove, the
Port Gamble S’Klallam Tribe season
would open September 2, 2014, and
close January 31, 2015. The Jamestown
S’Klallam Tribe would open September
13, 2014, and close January 18, 2015.
The daily bag limit for mourning dove
would be 10.
The Tribe anticipates a total harvest of
fewer than 200 birds for the 2014–15
season. The tribal fish and wildlife
enforcement officers have the authority
to enforce these tribal regulations.
We propose to approve the Point No
Point Treaty Council Tribe’s requested
2014–15 special migratory bird seasons.
(r) Saginaw Tribe of Chippewa Indians,
Mt. Pleasant, Michigan (Tribal Members
Only)
The Saginaw Tribe of Chippewa
Indians is a federally recognized, selfgoverning Indian Tribe, located on the
Isabella Reservation lands bound by
Saginaw Bay in Isabella and Arenac
Counties, Michigan.
In a May 15, 2014, letter, the Tribe
proposes special migratory bird hunting
regulations. For ducks, mergansers, and
common snipe, the Tribe proposes
outside dates as September 1, 2014,
through January 31, 2015. The Tribe
proposes a daily bag limit of 20 ducks,
which could include no more than five
each of the following: hen mallards;
wood duck; black duck; pintail; red
head; scaup; and canvasback. The
merganser daily bag limit is 10 with no
more than 5 hooded mergansers and 16
for common snipe.
For geese, coot, gallinule, sora, and
Virginia rail, the Tribe requests a season
from September 1, 2014, to January 31,
2015. The daily bag limit for geese is 20,
in the aggregate. The daily bag limit for
coot, gallinule, sora, and Virginia rail is
20 in the aggregate.
For woodcock and mourning dove,
the Tribe proposes a season between
September 1, 2014, and January 31,
2015, with daily bag limits of 10 and 25,
respectively.
For sandhill crane, the Tribe proposes
a season between September 1, 2014,
and January 31, 2015, with a daily bag
limit of one.
All Saginaw Tribe members
exercising hunting treaty rights are
required to comply with Tribal
Ordinance 11. Hunting hours would be
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from one-half hour before sunrise to
one-half hour after sunset. All other
regulations in 50 CFR part 20 apply
including the use of only nontoxic shot
for hunting waterfowl.
The Service proposes to approve the
request for 2014–15 special migratory
bird hunting regulations for the Saginaw
Tribe of Chippewa Indians.
tkelley on DSK3SPTVN1PROD with PROPOSALS3
(s) Sault Ste. Marie Tribe of Chippewa
Indians, Sault Ste. Marie, Michigan
(Tribal Members Only)
The Sault Ste. Marie Tribe of
Chippewa Indians is a federally
recognized, self-governing Indian Tribe,
distributed throughout the eastern
Upper Peninsula and northern Lower
Peninsula of Michigan. The Tribe has
retained the right to hunt, fish, trap, and
gather on the lands ceded in the Treaty
of Washington (1836).
In a May 27, 2014, letter, the Tribe
proposes special migratory bird hunting
regulations. For ducks, mergansers, and
common snipe, the Tribe proposes
outside dates as September 15 through
December 31, 2014. The Tribe proposes
a daily bag limit of 20 ducks, which
could include no more than 10 mallards
(5 hen mallards), 5 wood duck, 5 black
duck, and 5 canvasback. The merganser
daily bag limit is 10 in the aggregate and
16 for common snipe.
For geese, coot, gallinule, sora, and
Virginia rail, the Tribe requests a season
from September 1 to December 31, 2014.
The daily bag limit for geese is 20, in the
aggregate. The daily bag limit for coot,
gallinule, sora, and Virginia rail is 20 in
the aggregate.
For woodcock, the Tribe proposes a
season between September 2 and
December 1, 2014, with a daily bag and
possession limit of 10 and 20,
respectively.
For mourning dove, the Tribe
proposes a season between September 1
and November 14, 2014, with a daily
bag and possession limit of 10 and 20,
respectively.
In 2013, the total estimated waterfowl
hunters was 261. All Sault Ste. Marie
Tribe members exercising hunting treaty
rights within the 1836 Ceded Territory
are required to submit annual harvest
reports including date of harvest,
number and species harvested, and
location of harvest. Hunting hours
would be from one-half hour before
sunrise to one-half hour after sunset. All
other regulations in 50 CFR part 20
apply including the use of only
nontoxic shot for hunting waterfowl.
The Service proposes to approve the
request for 2014–15 special migratory
bird hunting regulations for the Sault
Ste. Marie Tribe of Chippewa Indians.
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(t) Shoshone-Bannock Tribes, Fort Hall
Indian Reservation, Fort Hall, Idaho
(Nontribal Hunters)
Almost all of the Fort Hall Indian
Reservation is tribally owned. The
Tribes claim full wildlife management
authority throughout the reservation,
but the Idaho Fish and Game
Department has disputed tribal
jurisdiction, especially for hunting by
nontribal members on reservation lands
owned by non-Indians. As a
compromise, since 1985, we have
established the same waterfowl hunting
regulations on the reservation and in a
surrounding off-reservation State zone.
The regulations were requested by the
Tribes and provided for different season
dates than in the remainder of the State.
We agreed to the season dates because
they would provide additional
protection to mallards and pintails. The
State of Idaho concurred with the
zoning arrangement. We have no
objection to the State’s use of this zone
again in the 2014–15 hunting season,
provided the duck and goose hunting
season dates are the same as on the
reservation.
In a proposal for the 2014–15 hunting
season, the Shoshone-Bannock Tribes
request a continuous duck (including
mergansers) season, with the maximum
number of days and the same daily bag
and possession limits permitted for
Pacific Flyway States under the final
Federal frameworks. The Tribes propose
a duck and coot season with, if the same
number of hunting days is permitted as
last year, an opening date of October 4,
2014, and a closing date of January 18,
2015. The Tribes anticipate harvest will
be about 7,000 ducks.
The Tribes also request a continuous
goose season with the maximum
number of days and the same daily bag
and possession limits permitted in
Idaho under Federal frameworks. The
Tribes propose that, if the same number
of hunting days is permitted as in
previous years, the season would have
an opening date of October 4, 2014, and
a closing date of January 18, 2015. The
Tribes anticipate harvest will be about
5,000 geese.
The Tribes request a common snipe
season with the maximum number of
days and the same daily bag and
possession limits permitted in Idaho
under Federal frameworks. The Tribes
propose that, if the same number of
hunting days is permitted as in previous
years, the season would have an
opening date of October 4, 2014, and a
closing date of January 18, 2015.
Nontribal hunters must comply with
all basic Federal migratory bird hunting
regulations in 50 CFR part 20 pertaining
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to shooting hours, use of steel shot, and
manner of taking. Special regulations
established by the Shoshone-Bannock
Tribes also apply on the reservation.
We note that the requested regulations
are nearly identical to those of last year,
and we propose to approve them for the
2014–15 hunting season given that the
seasons’ dates fall within the final
Federal flyway frameworks (applies to
nontribal hunters only).
(u) Skokomish Tribe, Shelton,
Washington (Tribal Members Only)
Since 1996, the Service and the Point
No Point Treaty Tribes, of which the
Skokomish Tribe was one, have
cooperated to establish special
regulations for migratory bird hunting.
The Tribes have been acting
independently since 2005, and the
Skokomish Tribe would like to establish
migratory bird hunting regulations for
tribal members for the 2014–15 season.
The Tribe has a reservation on the
Olympic Peninsula in Washington State
and is a successor to the signatories of
the Treaty of Point No Point of 1855.
We have not yet received a proposal
from the Skokomish Tribe at this time.
The Skokomish Tribe usually requests a
duck and coot season from September
16, 2014, to February 28, 2015. The
daily bag limit is seven ducks, including
no more than two hen mallards, one
pintail, one canvasback, and two
redheads. The daily bag and possession
limit on harlequin duck is one per
season. The coot daily bag limit is 25.
The possession limit is twice the daily
bag limit, except as noted above.
For geese, the Tribe usually requests
a season from September 16, 2014, to
February 28, 2015. The daily bag limit
is four, including no more than three
light geese. The season on Aleutian
Canada geese is usually closed. For
brant, the Tribe usually proposes a
season from November 1, 2014, to
February 15, 2015, with a daily bag limit
of two. The possession limit is twice the
daily bag limit.
For mourning doves, band-tailed
pigeon, and snipe, the Tribe usually
requests a season from September 16,
2014, to February 28, 2015, with a daily
bag limit of 10, 2, and 8, respectively.
The possession limit is twice the daily
bag limit.
All Tribal hunters authorized to hunt
migratory birds are required to obtain a
tribal hunting permit from the
Skokomish Tribe pursuant to tribal law.
Hunting hours would be from one-half
hour before sunrise to sunset. Only
steel, tungsten-iron, tungsten-polymer,
tungsten-matrix, and tin shot are
allowed for hunting waterfowl. It is
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unlawful to use or possess lead shot
while hunting waterfowl.
The Tribe anticipates harvest to be
fewer than 150 birds. The Skokomish
Public Safety Office enforcement
officers have the authority to enforce
these migratory bird hunting
regulations.
If we receive a proposal that matches
the Tribe’s usual request, we propose to
approve the Skokomish Tribe’s 2014–15
migratory bird hunting season.
tkelley on DSK3SPTVN1PROD with PROPOSALS3
(v) Spokane Tribe of Indians, Spokane
Indian Reservation, Wellpinit,
Washington (Tribal Members Only)
The Spokane Tribe of Indians wishes
to establish waterfowl seasons on their
reservation for its membership to access
as an additional resource. An
established waterfowl season on the
reservation will allow access to a
resource for members to continue
practicing a subsistence lifestyle.
The Spokane Indian Reservation is
located in northeastern Washington
State. The reservation comprises
approximately 157,000 acres. The
boundaries of the Reservation are the
Columbia River to the west, the Spokane
River to the south (now Lake Roosevelt),
Tshimikn Creek to the east, and the 48th
Parallel as the north boundary. Tribal
membership comprises approximately
2,300 enrolled Spokane Tribal Members.
These proposed regulations would
allow Tribal Members, spouses of
Spokane Tribal Members, and firstgeneration descendants of a Spokane
Tribal Member with a tribal permit and
Federal Waterfowl stamp an
opportunity to utilize the reservation
and ceded lands for waterfowl hunting.
These regulations would also benefit
tribal membership through access to this
resource throughout Spokane Tribal
ceded lands in eastern Washington. By
Spokane Tribal Referendum, spouses of
Spokane Tribal Members and children
of Spokane Tribal Members not enrolled
are allowed to harvest game animals
within the Spokane Indian Reservation
with the issuance of hunting permits.
For the 2014–15 season, the Tribe
requests to establish duck seasons that
would run from September 2, 2014,
through January 31, 2015. The tribe is
requesting the daily bag limit for ducks
to be consistent with final Federal
frameworks. The possession limit is
twice the daily bag limit.
The Tribe proposes a season on geese
starting September 2, 2014, and ending
on January 31, 2015. The tribe is
requesting the daily bag limit for geese
to be consistent with final Federal
frameworks. The possession limit is
twice the daily bag limit.
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Based on the quantity of requests the
Spokane Tribe of Indians has received,
the tribe anticipates harvest levels for
the 2014–15 season for both ducks and
geese to be fewer than 100 total birds
with goose harvest at fewer than 50.
Hunter success will be monitored
through mandatory harvest reports
returned within 30 days of the season
closure.
We propose to approve the Spokane
Tribe’s requested 2014–15 special
migratory bird hunting regulations.
(w) Squaxin Island Tribe, Squaxin
Island Reservation, Shelton, Washington
(Tribal Members Only)
The Squaxin Island Tribe of
Washington and the Service have
cooperated since 1995, to establish
special tribal migratory bird hunting
regulations. These special regulations
apply to tribal members on the Squaxin
Island Reservation, located in western
Washington near Olympia, and all lands
within the traditional hunting grounds
of the Squaxin Island Tribe.
For the 2014–15 season, the Tribe
requests to establish duck and coot
seasons that would run from September
1, 2014, through January 15, 2015. The
daily bag limit for ducks would be five
per day and could include only one
canvasback. The season on harlequin
ducks is closed. For coots, the daily bag
limit is 25. For snipe, the Tribe proposes
that the season start on September 15,
2014, and end on January 15, 2015. The
daily bag limit for snipe would be eight.
For band-tailed pigeon, the Tribe
proposes that the season start on
September 1, 2014, and end on
December 31, 2014. The daily bag limit
would be five. The possession limit
would be twice the daily bag limit.
The Tribe proposes a season on geese
starting September 15, 2014, and ending
on January 15, 2015. The daily bag limit
for geese would be four, including no
more than two snow geese. The season
on Aleutian and cackling Canada geese
would be closed. For brant, the Tribe
proposes that the season start on
September 1, 2014, and end on
December 31, 2014. The daily bag limit
for brant would be two. The possession
limit would be twice the daily bag limit.
We propose to approve the Tribe’s
2014–15 special migratory bird hunting
regulations.
(x) Stillaguamish Tribe of Indians,
Arlington, Washington (Tribal Members
Only)
The Stillaguamish Tribe of Indians
and the Service have cooperated to
establish special regulations for
migratory game birds since 2001. For
the 2014–15 season, the Tribe requests
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regulations to hunt all open and
unclaimed lands under the Treaty of
Point Elliott of January 22, 1855,
including their main hunting grounds
around Camano Island, Skagit Flats, and
Port Susan to the border of the Tulalip
Tribes Reservation. Ceded lands are
located in Whatcom, Skagit, Snohomish,
and Kings Counties, and a portion of
Pierce County, Washington. The
Stillaguamish Tribe of Indians is a
federally recognized Tribe and reserves
the Treaty Right to hunt (U.S. v.
Washington).
We have yet to hear from the
Stillaguamish Tribe of Indians; however
the Tribe usually proposes their duck
(including mergansers) and goose
seasons run from October 1, 2014, to
February 15, 2015. The daily bag limit
on ducks (including sea ducks and
mergansers) is 10. For geese, the daily
bag limit is six. Possession limits are
totals of these two daily bag limits.
The Tribe usually proposes that coot,
brant, and snipe seasons run from
October 1, 2014, to January 31, 2015.
The daily bag limit for coot is 25. The
daily bag limit on brant is three. The
daily bag limit for snipe is 10.
Possession limits are twice the daily bag
limit.
The Tribe usually proposes that bandtailed pigeon and dove seasons run from
September 1, 2014, to October 31, 2014.
The daily bag limit for band-tailed
pigeon is four. The daily bag limit on
dove is 10. Possession limits are twice
the daily bag limit.
Harvest is regulated by a punch card
system. Tribal members hunting on
lands under this proposal will observe
all basic Federal migratory bird hunting
regulations found in 50 CFR part 20,
which will be enforced by the
Stillaguamish Tribal law enforcement.
Tribal members are required to use steel
shot or a nontoxic shot as required by
Federal regulations.
The Tribe usually anticipates a total
harvest of 200 ducks, 100 geese, 50
mergansers, 100 coots, and 100 snipe.
Anticipated harvest needs include
subsistence and ceremonial needs.
Certain species may be closed to
hunting for conservation purposes, and
consideration for the needs of certain
species will be addressed.
The Service proposes to approve the
Stillaguamish Tribe’s request for 2014–
15 special migratory bird hunting
regulations upon receipt of the proposal.
(y) Swinomish Indian Tribal
Community, LaConner, Washington
(Tribal Members Only)
In 1996, the Service and the
Swinomish Indian Tribal Community
began cooperating to establish special
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regulations for migratory bird hunting.
The Swinomish Indian Tribal
Community is a federally recognized
Indian Tribe consisting of the
Swinomish, Lower Skagit, Samish, and
Kikialous. The Swinomish Reservation
was established by the Treaty of Point
Elliott of January 22, 1855, and lies in
the Puget Sound area north of Seattle,
Washington.
We have not yet heard from the
Swinomish Indian Tribal Community.
For the 2014–15 season, the Tribal
Community usually requests to establish
a migratory bird hunting season on all
areas that are open and unclaimed and
consistent with the meaning of the
treaty. The Tribal Community usually
requests to establish duck, merganser,
Canada goose, brant, and coot seasons
opening on the earliest possible date
allowed by the final Federal frameworks
for the Pacific Flyway and closing 30
days after the State of Washington
closes its season. On reservation, the
Tribal Community usually requests to
establish duck, merganser, Canada
goose, brant, and coot seasons opening
on the earliest possible date allowed by
the final Federal frameworks for the
Pacific Flyway and closing March 9,
2015. The Swinomish Indian Tribal
Community usually requests an
additional three birds of each species
over the numbers allowed by the State
for daily bag and possession limits.
The Community usually anticipates
that the regulations will result in the
harvest of approximately 600 ducks and
200 geese. The Swinomish utilize a
report card and permit system to
monitor harvest and will implement
steps to limit harvest where
conservation is needed. All tribal
regulations will be enforced by tribal
fish and game officers.
If we receive a proposal that matches
the Tribe’s usual request, we propose to
approve those 2014–15 special
migratory bird hunting regulations.
(z) The Tulalip Tribes of Washington,
Tulalip Indian Reservation, Marysville,
Washington (Tribal Members Only)
The Tulalip Tribes are the successors
in interest to the Tribes and bands
signatory to the Treaty of Point Elliott of
January 22, 1855. The Tulalip Tribes’
government is located on the Tulalip
Indian Reservation just north of the City
of Everett in Snohomish County,
Washington. The Tribes or individual
tribal members own all of the land on
the reservation, and they have full
wildlife management authority. All
lands within the boundaries of the
Tulalip Tribes Reservation are closed to
nonmember hunting unless opened by
Tulalip Tribal regulations.
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The Tribe proposes tribal hunting
regulations for the 2014–15 season.
Migratory waterfowl hunting by Tulalip
Tribal members is authorized by Tulalip
Tribal Ordinance No. 67. For ducks,
mergansers, coot, and snipe, the
proposed season for tribal members is
from September 3, 2014, through
February 28, 2015. Daily bag and
possession limits would be 7 and 14
ducks, respectively, except that for bluewinged teal, canvasback, harlequin,
pintail, and wood duck, the bag and
possession limits would be the same as
those established in accordance with
final Federal frameworks. For coot,
daily bag and possession limits are 25
and 50, respectively, and for snipe 8 and
16, respectively. Ceremonial hunting
may be authorized by the Department of
Natural Resources at any time upon
application of a qualified tribal member.
Such a hunt must have a bag limit
designed to limit harvest only to those
birds necessary to provide for the
ceremony.
For geese, tribal members propose a
season from September 3, 2014, through
February 28, 2015. The goose daily bag
and possession limits would be 7 and
14, respectively, except that the bag
limits for brant, cackling Canada geese,
and dusky Canada geese would be those
established in accordance with final
Federal frameworks.
All hunters on Tulalip Tribal lands
are required to adhere to shooting hour
regulations set at one-half hour before
sunrise to sunset, special tribal permit
requirements, and a number of other
tribal regulations enforced by the Tribe.
Each nontribal hunter 16 years of age
and older hunting pursuant to Tulalip
Tribes’ Ordinance No. 67 must possess
a valid Federal Migratory Bird Hunting
and Conservation Stamp and a valid
State of Washington Migratory
Waterfowl Stamp. Each hunter must
validate stamps by signing across the
face.
Although the season length requested
by the Tulalip Tribes appears to be quite
liberal, harvest information indicates a
total take by tribal and nontribal hunters
of fewer than 1,000 ducks and 500 geese
annually.
We propose to approve the Tulalip
Tribe’s request for 2014–15 special
migratory bird hunting regulations.
(aa) Upper Skagit Indian Tribe, Sedro
Woolley, Washington (Tribal Members
Only)
The Upper Skagit Indian Tribe and
the Service have cooperated to establish
special regulations for migratory game
birds since 2001. The Tribe has
jurisdiction over lands within Skagit,
Island, and Whatcom Counties,
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Washington. The Tribe issues tribal
hunters a harvest report card that will
be shared with the State of Washington.
For the 2014–15 season, the Tribe
requests a duck season starting October
1, 2014, and ending February 28, 2015.
The Tribe proposes a daily bag limit of
15 with a possession limit of 20. The
Tribe requests a coot season starting
October 1, 2014, and ending February
15, 2015. The coot daily bag limit is 20
with a possession limit of 30.
The Tribe proposes a goose season
from October 1, 2014, to February 28,
2015, with a daily bag limit of 7 geese
and a possession limit of 10. For brant,
the Tribe proposes a season from
November 1 to November 10, 2014, with
a daily bag and possession limit of 2.
The Tribe proposes a mourning dove
season between September 1 and
December 31, 2014, with a daily bag
limit of 12 and possession limit of 15.
The anticipated migratory bird
harvest under this proposal would be
100 ducks, 5 geese, 2 brant, and 10
coots. Tribal members must have the
tribal identification and tribal 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 15
minutes before official sunrise to 15
minutes after official sunset.
We propose to approve the Tribe’s
2014–15 special migratory bird hunting
regulations.
(bb) Wampanoag Tribe of Gay Head,
Aquinnah, Massachusetts (Tribal
Members Only)
The Wampanoag Tribe of Gay Head is
a federally recognized Tribe located on
the island of Martha’s Vineyard in
Massachusetts. The Tribe has
approximately 560 acres of land, which
it manages for wildlife through its
natural resources department. The Tribe
also enforces its own wildlife laws and
regulations through the natural
resources department.
For the 2014–15 season, we have not
yet heard from the Tribe. The Tribe
usually proposes a duck season of
October 14, 2014, through February 22,
2015. The Tribe usually proposes a
daily bag limit of eight birds, which
could include no more than four hen
mallards, four mottled ducks, one
fulvous whistling duck, four
mergansers, three scaup, two hooded
mergansers, three wood ducks, one
canvasback, two redheads, two pintail,
and four of all other species not listed.
The season for harlequin ducks is
usually closed. The Tribe usually
proposes a teal (green-winged and blue)
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tkelley on DSK3SPTVN1PROD with PROPOSALS3
season of October 10, 2014, through
February 22, 2015. A daily bag limit of
six teal would be in addition to the
daily bag limit for ducks.
For sea ducks, the Tribe usually
proposes a season between October 7,
2014, and February 22, 2015, with a
daily bag limit of seven, which could
include no more than one hen eider and
four of any one species unless otherwise
noted above.
For Canada geese, the Tribe usually
requests a season between September 4
and September 21, 2014, and October
28, 2014, and February 22, 2015, with
a daily bag limit of 8 Canada geese. For
snow geese, the tribe requests a season
between September 4 to September 21,
2014, and November 25, 2014, to
February 22, 2015, with a daily bag limit
of 15 snow geese.
For woodcock, the Tribe usually
proposes a season between October 10
and November 23, 2014, with a daily
bag limit of three. For sora and Virginia
rails, the Tribe usually requests a season
of September 2, 2014, through
November 10, 2014, with a daily bag
limit of 5 sora and 10 Virginia rails. For
snipe, the Tribe usually requests a
season of September 2, 2014, through
December 16, 2014, with a daily bag
limit of 8.
Prior to 2012, the Tribe had 22
registered tribal hunters and estimates
harvest to be no more than 15 geese, 25
mallards, 25 teal, 50 black ducks, and 50
of all other species combined. Tribal
members hunting on the Reservation
will observe all basic Federal migratory
bird hunting regulations found in 50
CFR part 20. The Tribe requires hunters
to register with the Harvest Information
Program.
If we receive a proposal that matches
the Tribe’s usual request, we propose to
approve those 2014–15 special
migratory bird hunting regulations.
(cc) White Earth Band of Ojibwe, White
Earth, Minnesota (Tribal Members Only)
The White Earth Band of Ojibwe is a
federally recognized tribe located in
northwest Minnesota and encompasses
all of Mahnomen County and parts of
Becker and Clearwater Counties. The
reservation employs conservation
officers to enforce migratory bird
regulations. The Tribe and the Service
first cooperated to establish special
tribal regulations in 1999.
For the 2014–15 migratory bird
hunting season, the White Earth Band of
Ojibwe requests a duck season to start
September 13 and end December 14,
2014. For ducks, they request a daily
bag limit of 10, including no more than
2 mallards, 1 pintail, and 1 canvasback.
For mergansers, the Tribe proposes the
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season to start September 13 and end
December 14, 2014. The merganser daily
bag limit would be five with no more
than two hooded mergansers. For geese,
the Tribe proposes an early season from
September 1 through September 21,
2014, and a late season from September
22, 2014, through December 14, 2014.
The early season daily bag limit is eight
geese, and the late season daily bag limit
is five geese.
For coots, the Tribe proposes a
September 13 through December 14,
2014, season with daily bag limits of 20
coots. Shooting hours are one-half hour
before sunrise to one-half hour after
sunset. Nontoxic shot is required.
Based on past harvest surveys, the
Tribe anticipates harvest of 1,000 to
2,000 Canada geese and 1,000 to 1,500
ducks. The White Earth Reservation
Tribal Council employs four full-time
conservation officers to enforce
migratory bird regulations.
We propose to approve the Tribe’s
2014–15 special migratory bird hunting
regulations.
(dd) White Mountain Apache Tribe, Fort
Apache Indian Reservation, Whiteriver,
Arizona (Tribal Members and Nontribal
Hunters)
The White Mountain Apache Tribe
owns all reservation lands, and the
Tribe has recognized full wildlife
management authority. As in past years,
the White Mountain Apache Tribe has
requested regulations that are
essentially unchanged from those agreed
to since the 1997–98 hunting year.
The hunting zone for waterfowl is
restricted and is described as: The
length of the Black River west of the
Bonito Creek and Black River
confluence and the entire length of the
Salt River forming the southern
boundary of the reservation; the White
River, extending from the Canyon Day
Stockman Station to the Salt River; and
all stock ponds located within Wildlife
Management Units 4, 5, 6, and 7. Tanks
located below the Mogollon Rim, within
Wildlife Management Units 2 and 3,
will be open to waterfowl hunting
during the 2014–15 season. The length
of the Black River east of the Black
River/Bonito Creek confluence is closed
to waterfowl hunting. All other waters
of the reservation would be closed to
waterfowl hunting for the 2014–15
season.
For nontribal and tribal hunters, the
Tribe proposes a continuous duck, coot,
merganser, gallinule, and moorhen
hunting season, with an opening date of
October 18, 2014, and a closing date of
January 25, 2015. The Tribe proposes a
separate pintail and canvasback season,
with an opening date of October 18,
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2014, and a closing date of November
30, 2014. The season on scaup is closed.
The Tribe proposes a daily duck
(including mergansers) bag limit of
seven, which may include no more than
two redheads, two pintail, seven
mallards (including no more than two
hen mallards), and one canvasback. The
daily bag limit for coots, gallinules, and
moorhens would be 25, singly or in the
aggregate.
For geese, the Tribe proposes a season
from October 18, 2014, through January
25, 2015. Hunting would be limited to
Canada geese, and the daily bag limit
would be three.
Season dates for band-tailed pigeons
and mourning doves would run from
September 1, and end September 15,
2014, in Wildlife Management Unit 10
and all areas south of Y–70 and Y–10 in
Wildlife Management Unit 7, only.
Proposed daily bag limits for bandtailed pigeons and mourning doves
would be 3 and 10, respectively.
Possession limits for the above
species are twice the daily bag limits.
Shooting hours would be from one-half
hour before sunrise to sunset. There
would be no open season for sandhill
cranes, rails, and snipe on the White
Mountain Apache lands under this
proposal.
A number of special regulations apply
to tribal and nontribal hunters, which
may be obtained from the White
Mountain Apache Tribe Game and Fish
Department.
We plan to approve the White
Mountain Apache Tribe’s requested
2014–15 special migratory bird hunting
regulations.
(ee) Yankton Sioux Tribe, Marty, South
Dakota (Tribal Members and Nontribal
Hunters)
The Yankton Sioux Tribe has yet to
submit a waterfowl hunting proposal for
the 2014–15 season. The Yankton Sioux
tribal waterfowl hunting season usually
would be open to both tribal members
and nontribal hunters. The waterfowl
hunting regulations would apply to
tribal and trust lands within the external
boundaries of the reservation.
For ducks (including mergansers) and
coots, we expect the Yankton Sioux
Tribe to, as usual, propose a season
starting October 9, 2014, and running
for the maximum amount of days
allowed under the final Federal
frameworks. Daily bag and possession
limits would be six ducks, which may
include no more than five mallards (no
more than two hens), one canvasback
(when the season is open), two
redheads, three scaup, one pintail, or
two wood ducks. The bag limit for
mergansers would be five, which would
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include no more than one hooded
merganser. The coot daily bag limit
would be 15.
For geese, the Tribe will likely request
a dark goose (Canada geese, brant,
white-fronted geese) season starting
October 29, 2014, and closing January
31, 2015. The daily bag limit would be
three geese (including no more than one
white-fronted goose or brant).
Possession limits would be twice the
daily bag limit.
For white geese, the proposed hunting
season would start October 29, 2014,
and run for the maximum amount of
days allowed under the final Federal
frameworks for the State of South
Dakota. Daily bag and possession limits
would equal the maximum allowed
under Federal frameworks.
All hunters would have to be in
possession of a valid tribal license while
hunting on Yankton Sioux trust lands.
Tribal and nontribal hunters must
comply with all basic Federal migratory
bird hunting regulations in 50 CFR part
20 pertaining to shooting hours and the
manner of taking. Special regulations
established by the Yankton Sioux Tribe
also apply on the reservation.
During the 2005–06 hunting season,
the Tribe reported that 90 nontribal
hunters took 400 Canada geese, 75 light
geese, and 90 ducks. Forty-five tribal
members harvested fewer than 50 geese
and 50 ducks.
If we receive a proposal that matches
the Tribe’s usual request, we propose to
approve those 2014–15 special
migratory bird hunting regulations.
tkelley on DSK3SPTVN1PROD with PROPOSALS3
Public Comments
The Department of the Interior’s
policy is, whenever possible, to afford
the public an opportunity to participate
in the rulemaking process. Accordingly,
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we invite interested persons to submit
written comments, suggestions, or
recommendations regarding the
proposed regulations. Before
promulgating final migratory game bird
hunting regulations, we will consider all
comments we receive. These comments,
and any additional information we
receive, may lead to final regulations
that differ from these proposals.
You may submit your comments and
materials concerning this proposed rule
by one of the methods listed in the
ADDRESSES section. We will not accept
comments sent by email or fax. We will
not consider hand-delivered comments
that we do not receive, or mailed
comments that are not postmarked, by
the date specified in the DATES section.
We will post all comments in their
entirety—including your personal
identifying information—on https://
www.regulations.gov. Before including
your address, phone number, email
address, or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Comments and materials we receive,
as well as supporting documentation we
used in preparing this proposed rule,
will be available for public inspection
on https://www.regulations.gov, or by
appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service, Division of Migratory Bird
Management, 5275 Leesburg Pike, Falls
Church, VA 22041–3803.
PO 00000
Frm 00017
Fmt 4701
Sfmt 9990
46955
For each series of proposed
rulemakings, we will establish specific
comment periods. We will consider, but
possibly may not respond in detail to,
each comment. As in the past, we will
summarize all comments we receive
during the comment period and respond
to them after the closing date in the
preambles of any final rules.
Required Determinations
Based on our most current data, we
are affirming our required
determinations made in the proposed
rule; for descriptions of our actions to
ensure compliance with the following
statutes and Executive Orders, see our
April 30, 2014, proposed rule (79 FR
24512):
• National Environmental Policy Act;
• Endangered Species Act;
• Regulatory Planning and Review;
• Regulatory Flexibility Act;
• Small Business Regulatory
Enforcement Fairness Act;
• Paperwork Reduction Act;
• Unfunded Mandates Reform Act;
• Executive Orders 12630, 12988,
13175, 13132, and 13211.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting
and recordkeeping requirements,
Transportation, Wildlife.
The rules that eventually will be
promulgated for the 2014–15 hunting
season are authorized under 16 U.S.C.
703–712 and 16 U.S.C. 742 a–j.
Dated: July 29, 2014.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2014–18861 Filed 8–8–14; 8:45 am]
BILLING CODE 4310–55–P
E:\FR\FM\11AUP3.SGM
11AUP3
]]>Agencies
[Federal Register Volume 79, Number 154 (Monday, August 11, 2014)]
[Proposed Rules]
[Pages 46939-46955]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18861]
[[Page 46939]]
Vol. 79
Monday,
No. 154
August 11, 2014
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; Proposed Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations and Ceded Lands for the 2014-15
Season; Proposed Rule
Federal Register / Vol. 79 , No. 154 / Monday, August 11, 2014 /
Proposed Rules
[[Page 46940]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS-HQ-MB-2014-0017; FF09M21200-134-FXMB1231099BPP0]
RIN 1018-AZ80
Migratory Bird Hunting; Proposed Migratory Bird Hunting
Regulations on Certain Federal Indian Reservations and Ceded Lands for
the 2014-15 Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
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, off-reservation trust lands, and
ceded lands for the 2014-15 migratory bird hunting season.
DATES: You must submit comments on the proposed regulations by August
21, 2014.
ADDRESSES: You may submit comments on the proposals by one of the
following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments on Docket No. FWS-HQ-
MB-2014-0017.
U.S. mail or hand delivery: Public Comments Processing,
Attn: FWS-HQ-MB-2014-0017; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; U.S. Fish & Wildlife
Headquarters, MS: BPHC; 5275 Leesburg Pike, Falls Church, VA 22041-
3803.
We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Public Comments section below for more information).
FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, U.S. Fish and Wildlife
Service, Department of the Interior, MS: MB, 5275 Leesburg Pike, Falls
Church, VA 22041-3803; (703) 358-1967.
SUPPLEMENTARY INFORMATION: In the April 30, 2014, Federal Register (79
FR 24512), we requested proposals from Indian Tribes wishing to
establish special migratory bird hunting regulations for the 2014-15
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 31 Indian
Tribes, based on the input we received in response to the April 30,
2014, proposed rule, and our previous rules. As described in that
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) On-reservation 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) On-reservation 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) 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 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 off-reservation 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 non-Indians within the reservation.
Tribes usually have the authority to regulate migratory bird
hunting by nonmembers on Indian-owned reservation lands, subject to
Service approval. The question of jurisdiction is more complex on
reservations that include lands owned by non-Indians, especially when
the surrounding States have established or intend to establish
regulations governing hunting by non-Indians 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, and we may modify regulations or
establish experimental special hunts, after evaluation of 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
[[Page 46941]]
is paramount. Further, 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 1988-89 hunting
season (53 FR 31612, August 18, 1988). 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 25-26, 2014, meetings reviewed information
on the current status of migratory shore and upland game birds and
developed 2014-15 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 30-31, 2014, meetings
will review information on the current status of waterfowl and develop
recommendations for the 2014-15 regulations pertaining to regular
waterfowl seasons and other species and seasons not previously
discussed at the early-season meetings. In accordance with Department
of the Interior policy, these meetings are open to public observation
and you may submit comments on the matters discussed.
Population Status and Harvest
Preliminary information on the status of waterfowl and information
on the status and harvest of migratory shore and upland game birds was
excerpted from various reports and provided in the July 31, 2014,
Federal Register (79 FR 44580). 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 https://www.fws.gov/migratorybirds/NewsPublicationsReports.html.
Hunting Season Proposals From Indian Tribes and Organizations
For the 2014-15 hunting season, we received requests from 25 Tribes
and Indian organizations. In this proposed rule, we respond to these
requests and also evaluate anticipated requests for six Tribes from
whom we usually hear but from whom we have not yet received proposals.
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 late-season hunting. A final rule will
be published in a late-August 2014 Federal Register that will include
tribal regulations for the early-hunting season. Early seasons
generally begin around September 1 each year, and most commonly include
such species as American woodcock, sandhill cranes, mourning doves, and
white-winged 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 late-season
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 early-season regulations were published
in the Federal Register on July 31, 2014 (79 FR 44580); early-season
final frameworks will be published in late August. Proposed late-season
frameworks for waterfowl and coots will be published in mid-August, 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 31 Tribes 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 2014-15 proposal, the Colorado River Indian Tribes request
split dove seasons. They propose that their early season begin
September 1 and end September 15, 2014. Daily bag limits would be 10
mourning or white-winged doves in the aggregate. The late season for
doves is proposed to open November 8, 2014, and close December 22,
2014. 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 one-half 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 17, 2014, and close January 26, 2015. 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,
two cinnamon teal, and one canvasback. 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. Shooting hours would be from one-half hour
before sunrise to sunset.
For geese, the Colorado River Indian Tribes propose a season of
October 19, 2014, through January 20, 2015. 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.
Shooting hours would be from one-half hour before sunrise to sunset.
In 1996, the Tribes 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 hunter-days. Field observations and permit sales indicate
that fewer than 200 hunters participate in waterfowl seasons. Under the
proposed regulations described here and
[[Page 46942]]
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 2014-15 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, which 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, duck, and coot 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, 2014, through March 9, 2015. Daily bag and
possession 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 1993-94 and 1994-95 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 2014-15 hunting season.
(c) 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 26, 2014,
proposal covers land set apart for the band under the Treaties of 1837
and 1854 in northeastern and east-central Minnesota and the Band's
Reservation near Duluth.
The band's proposal for 2014-15 is essentially the same as that
approved last year except for an expansion of the sandhill crane season
to include both the 1854 and 1837 ceded territories only and not
reservation lands. The proposed 2014-15 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, 2014.
Daily Bag Limit: 18 ducks, including no more than 12 mallards (only
3 of which may be hens), 9 black ducks, 9 scaup, 9 wood ducks, 9
redheads, 9 pintails, and 9 canvasbacks.
B. Reservation:
Season Dates: Begin September 1 and end November 24, 2014.
Daily Bag Limit: 12 ducks, including no more than 8 mallards (only
2 of which may be hens), 6 black ducks, 6 scaup, 6 redheads, 6
pintails, 6 wood ducks, and 6 canvasbacks.
Mergansers
A. 1854 and 1837 Ceded Territories:
Season Dates: Begin September 13 and end November 30, 2014.
Daily Bag Limit: 15 mergansers, including no more than 6 hooded
mergansers.
B. Reservation:
Season Dates: Begin September 1 and end November 24, 2014.
Daily Bag Limit: 10 mergansers, including no more than 4 hooded
mergansers.
Canada Geese
A. 1854 and 1837 Ceded Territories:
Season Dates: Begin September 13 and end November 30, 2014.
Daily Bag Limit: 20 geese.
B. Reservation:
Season Dates: Begin September 1 and end November 24, 2014.
Daily Bag Limit: 20 geese.
Sandhill Cranes: 1854 and 1837 Ceded Territories Only
Season Dates: Begin September 1 and end November 30, 2014.
Daily Bag Limit: One sandhill crane. A crane carcass tag is
required prior to hunting.
Coots and Common Moorhens (Common Gallinules)
A. 1854 and 1837 Ceded Territories:
Season Dates: Begin September 13 and end November 30, 2014.
Daily Bag Limit: 20 coots and common moorhens, singly or in the
aggregate.
B. Reservation:
Season Dates: Begin September 1 and end November 24, 2014.
Daily Bag Limit: 20 coots and common moorhens, singly or in the
aggregate.
Sora and Virginia Rails: All Areas
A. 1854 and 1837 Ceded Territories:
Season Dates: Begin September 1 and end November 30, 2014.
Daily Bag Limit: 25 sora and Virginia rails, singly or in the
aggregate.
B. Reservation:
Season Dates: Begin September 1 and end November 24, 2014.
Daily Bag Limit: 25 sora and Virginia rails, singly or in the
aggregate.
Common Snipe
A. 1854 and 1837 Ceded Territories:
Season Dates: Begin September 1 and end November 30, 2014.
Daily Bag Limit: Eight common snipe.
B. Reservation:
Season Dates: Begin September 1 and end November 24, 2014.
Daily Bag Limit: Eight common snipe.
Woodcock
A. 1854 and 1837 Ceded Territories:
Season Dates: Begin September 1 and end November 30, 2014.
Daily Bag Limit: Three woodcock.
B. Reservation:
Season Dates: Begin September 1 and end November 25, 2014.
Daily Bag Limit: Three woodcock.
Mourning Dove
A. 1854 and 1837 Ceded Territories:
Season Dates: Begin September 1 and end November 30, 2014.
Daily Bag Limit: 30 mourning doves.
B. Reservation:
Season Dates: Begin September 1 and end October 30, 2014.
Daily Bag Limit: 30 mourning doves.
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 one-half hour before
sunrise to one-half hour after sunset.
3. Except as otherwise noted, tribal members will be required to
comply
[[Page 46943]]
with tribal codes that will be no less restrictive than the provisions
of Chapter 10 of the Model Off-Reservation Code. Except as modified by
the Service 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 for migratory birds. 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 on-reservation. All migratory birds that
fall on reservation lands will not count as part of any off-reservation
bag or possession limit.
The band anticipates harvest will be fewer than 500 ducks and
geese, and fewer than 10 sandhill cranes.
We propose to approve the request for special migratory bird
hunting regulations for the Fond du Lac Band of Lake Superior Chippewa
Indians.
(d) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay,
Michigan (Tribal Members Only)
In the 1995-96 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 self-governing, 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 1986-87 hunting season.
For the 2014-15 season, the Tribe requests that the tribal member
duck season run from September 15, 2014, through January 15, 2015. A
daily bag limit of 20 would include no more than 5 pintail, 5
canvasback, 1 hooded merganser, 5 black ducks, 5 wood ducks, 3
redheads, and 9 mallards (only 4 of which may be hens).
For Canada and snow geese, the Tribe proposes a September 1 through
November 30, 2014, and a January 1 through February 8, 2015, season.
For white-fronted geese and brant, the Tribe proposes a September 20
through November 30, 2014, season. The daily bag limit for Canada and
snow geese would be 10, and the daily bag limit for white-fronted geese
and including brant would be 5 birds. We further note that, based on
available data (of major goose migration routes), 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,
2014, 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, 2014, 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 2013-14
hunting season indicated that approximately 30 tribal hunters harvested
an estimated 100 ducks and 45 Canada geese.
We propose to approve the Grand Traverse Band of Ottawa and
Chippewa Indians 2014-15 special migratory bird hunting proposal.
(e) 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, off-reservation 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) (GLIFWC is an intertribal agency
exercising delegated natural resource management and regulatory
authority from its member Tribes in portions of Wisconsin, Michigan,
and Minnesota). Beginning in 1986, a Tribal season on ceded lands in
the western portion of the Michigan Upper Peninsula was developed in
coordination with the Michigan Department of Natural Resources. We have
approved regulations for Tribal members in both Michigan and Wisconsin
since the 1986-87 hunting season. In 1987, GLIFWC requested, and we
approved, 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 both Wisconsin and Michigan have raised various concerns over
the years. 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. In 1999,
the U.S. Supreme Court upheld the existence of the tribes' treaty
reserved rights in Minnesota v. Mille Lacs Band, 199 S.Ct. 1187 (1999).
We acknowledge all of the States' concerns, but point out that the
U.S. Government has recognized the Indian treaty reserved rights, and
that acceptable hunting regulations have been successfully implemented
in Minnesota, Michigan, and Wisconsin. Consequently, in view of the
above, we have approved regulations since the 1987-88 hunting season on
ceded lands in all three States. In fact, this recognition of the
principle of treaty reserved rights for band members to hunt and fish
was pivotal in our decision to approve a 1991-92 season for the 1836
ceded area in Michigan. Since then, in the 2007 Consent Decree the 1836
Treaty Tribes' and Michigan Department of Natural Resources and
Environment established court-approved regulations pertaining to off-
reservation hunting rights for migratory birds.
For 2014, the GLIFWC proposes off-reservation 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 in Wisconsin and Michigan), the Mille Lacs Band of Ojibwe and the
six Wisconsin Bands (for the 1837 Treaty area in Minnesota), and the
Bay Mills Indian Community (for the 1836 Treaty area in Michigan).
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, and the Sokaogon
Chippewa Community (Mole Lake Band), all in Wisconsin; the Mille Lacs
Band of Chippewa Indians and the Fond du Lac Band of Lake Superior
Chippewa Indians in Minnesota; and the Lac Vieux Desert Band of
Chippewa Indians and the Keweenaw Bay Indian Community in Michigan.
The GLIFWC 2014 proposal has several significant changes from
regulations approved last season. In the 1837 and 1842 Treaty Areas,
the GLIFWC proposal would allow the use of electronic calls; would
extend shooting hours to 40 minutes before
[[Page 46944]]
sunrise and after sunset in the 1837 and 1842 ceded territories; would
allow the first hunting season of swans; and would remove restrictions
on the use and placement of (non-living) decoys in Wisconsin.
GLIFWC states that the proposed regulatory changes are intended to
provide tribal members a harvest opportunity within the scope of rights
reserved in their various treaties and increase tribal subsistence
harvest opportunities, while protecting migratory bird populations.
Under the GLIFWC's proposed regulations, GLIFWC expects total ceded
territory harvest to be approximately 1,650 ducks, 375 geese, 20
sandhill cranes, and 20 swans, which is roughly similar to anticipated
levels in previous years for those species for which seasons were
established. GLIWFC further anticipates that tribal harvest will remain
low given the small number of tribal hunters and the limited
opportunity to harvest more than a small number of birds on most
hunting trips.
Recent GLIFWC harvest surveys (1996-98, 2001, 2004, and 2007-08,
2011, and 2012) indicate that tribal off-reservation waterfowl harvest
has averaged fewer than 1,100 ducks and 250 geese annually. In the
latest survey year for which we have specific results (2012), an
estimated 86 hunters took an estimated 1,090 trips and harvested 1,799
ducks (1.7 ducks per trip) and 822 geese. Analysis of hunter survey
data over 1996-2012 indicates a general downward trend in both harvest
and hunter participation. While we acknowledge that tribal harvest and
participation has declined in recent years, we do not believe that some
of the GLIFWC's proposal for tribal waterfowl seasons on ceded lands in
Wisconsin, Michigan, and Minnesota for the 2014-15 season is in the
best interest of the conservation of migratory birds. More specific
discussion follows below.
Allowing Electronic Calls
As we have stated the last three years (76 FR 54676, September 1,
2011; 77 FR 54451, September 5, 2012; 78 FR 53218, August 28, 2013),
the issue of allowing electronic calls and other electronic devices for
migratory game bird hunting has been highly debated and highly
controversial over the last 40 years, similar to other prohibited
hunting methods such as baiting. Electronic calls, i.e., the use or aid
of recorded or electronic amplified bird calls or sounds, or recorded
or electrically amplified imitations of bird calls or sounds to lure or
attract migratory game birds to hunters, was Federally prohibited in
1957, because of their effectiveness in attracting and aiding the
harvest of ducks and geese and are generally not considered a
legitimate component of hunting. In 1999, after much debate, the
migratory bird regulations were revised to allow the use of electronic
calls for the take of light geese (lesser snow geese and Ross geese)
during a light-goose-only season when all other waterfowl and crane
hunting seasons, excluding falconry, were closed (64 FR 7507, February
16, 1999; 64 FR 71236, December 20, 1999; 73 FR 65926, November 5,
2008). The regulations were also changed in 2006, to allow the use of
electronic calls for the take of resident Canada geese during Canada-
goose-only September seasons when all other waterfowl and crane
seasons, excluding falconry, were closed (71 FR 45964, August 10,
2006). In both instances, these changes were made in order to
significantly increase the harvest of these species due to either
serious population overabundance, depredation issues, or public health
and safety issues, or a combination of these.
Available information from the use of additional hunting methods,
such as electronic calls, during the special light-goose seasons
indicate that total harvest increased approximately 50 to 69 percent.
On specific days when light-goose special regulations were in effect,
the mean light goose harvest increased 244 percent. One research study
found that lesser snow goose flocks were 5.0 times more likely to fly
within gun range (<=50 meters) in response to electronic calls than to
traditional calls, and the mean number of snow geese killed per hour
per hunter averaged 9.1 times greater for electronic calls than for
traditional calls. While these results are only directly applicable to
light geese, we believe these results are applicable to most waterfowl
species, and indicative of some likely adverse harvest impacts on other
geese and ducks.
Removal of the electronic call prohibition would be inconsistent
with our long-standing conservation concerns. Given available evidence
on the effectiveness of electronic calls, and the large biological
uncertainty surrounding any widespread use of electronic calls, we
believe the potential for overharvest could contribute to long-term
population declines. Further, migratory patterns could be affected, and
it is possible that hunter participation could increase beyond GLIFWC's
estimates (50 percent) and could result in additional conservation
impacts, particularly on locally breeding populations. Thus, we
continue to not support allowing the use of electronic calls in the
1837 and 1842 Treaty Areas.
Additionally, given the fact that tribal waterfowl hunting covered
by this proposal would occur on ceded lands that are not in the
ownership of the Tribes, we believe the use of electronic calls to take
waterfowl would lead to confusion on the part of the public, wildlife-
management agencies, and law enforcement officials in implementing the
requirements of 50 CFR part 20. Further, similar to the impacts of
baiting, uncertainties concerning the zone of influence attributed to
the use of electronic calls could potentially increase harvest from
nontribal hunters operating within areas electronic calls are being
used during the dates of the general hunt, thereby posing risks to the
migratory patterns and distribution of migratory waterfowl.
Lastly, we remind GLIFWC that electronic calls generally are
permitted for the take of resident Canada geese during Canada-goose-
only September seasons when all other waterfowl and crane seasons are
closed (generally September 1-15 in the areas in question). However, in
the case of GLIFWC's proposed seasons, electronic calls could be not
used since GLIFWC has elected a September 1 duck season opener. This
specific regulatory change was implemented in 2006, in order to
significantly control resident Canada geese due to widespread
population overabundance, depredation issues, and public health and
safety issues.
Expanded Shooting Hours
Normally, shooting hours for migratory game birds are one-half hour
before sunrise to sunset. A number of reasons and concerns have been
cited for extending shooting hours past sunset. Potential impacts to
some locally breeding populations (e.g., wood ducks), hunter safety,
difficulty of identifying birds, retrieval of downed birds, and impacts
on law enforcement are some of the normal concerns raised when
discussing potential expansions of shooting hours. However, despite
these concerns, in 2007, we supported the expansion of shooting hours
by 15 minutes after sunset in the 1837, 1842, and 1836 Treaty Areas (72
FR 58452, October 15, 2007). We had previously supported this expansion
in other tribal areas and have not been made aware of any wide-scale
problems. Further, at that time, we believed that the continuation of a
specific species restriction within the daily bag limit for mallards,
and the implementation of a species restriction within the daily bag
limit for wood ducks, would allay potential conservation concerns for
these species. We supported the increase with the understanding that
the
[[Page 46945]]
Tribe and we would closely monitor tribal harvest.
In 2012, in deference to tribal traditions and in the interest of
cooperation, and in spite of our previously identified concerns
regarding species identification, species conservation of locally
breeding populations, retrieval of downed birds, hunter safety, and law
enforcement impacts, we approved shooting 30 minutes after sunset (an
extension of 15 minutes from the then-current 15 minutes after sunset)
(77 FR 54451, September 5, 2012). This was consistent with other Tribes
in the general area (Fond du Lac, Leech Lake, Oneida, Sault Ste Marie,
and White Earth). Extending shooting hours on both the front end and
the back end of the day to 40 minutes before sunrise and 40 minutes
after sunset as GLIWFC has proposed would be contrary to public safety
and only heightens our previously identified concerns. We see no viable
remedies to allay our concerns. Shooting this early or late would also
significantly increase the potential take of non-game birds. Thus, we
cannot support increasing the shooting hours by an additional 10
minutes in the 1837 and 1842 Treaty Areas (to 40 minutes before sunrise
and 40 minutes after sunset).
Swan Season
As we stated the last two years (77 FR 54451, September 5, 2012; 78
FR 53218, August 28, 2013), we are not opposed to the establishment of
a tundra swan season in Wisconsin. Further, we are not conceptually
opposed to the establishment of a general swan season. However, before
the establishment of such a season in the ceded territory areas in
question, we stated that there were several significant concerns and
special considerations. We believe that GLIFWC has addressed those
concerns with their current proposal.
First, the proposed areas in question are home to significant
numbers of trumpeter swans. While the GLIFWC's proposed season is for
both tundra and trumpeter swans, there are important differences that
require careful consideration. Many cooperators, including GLIFWC,
worked together to reestablish a breeding trumpeter swan population in
the Great Lakes. These efforts have been largely successful with the
removal of this species from Wisconsin's endangered species list in
2009. After a 25-year recovery program, there are currently about 200
breeding pairs in Wisconsin. Further, within Wisconsin, the northern
ceded territory is an area of high trumpeter swan use containing over
80 percent of the breeding pairs. While we believe it is always best to
avoid such areas either temporally or geographically to the extent
possible, and to focus hunting efforts on the primary tundra swan
migration concentrations while avoiding areas of significant trumpeter
swan numbers, most such areas are located outside of the ceded
territories of northern Wisconsin.
To address concerns about the potential harvest of trumpeter swans
by tribal hunters hunting during a general swan season, GLIFWC has
proposed 2 significant conditions. First, all harvested swans would
have to be registered by presenting the fully-feathered carcass to a
tribal registration station or GLIFWC warden. This requirement would
allow the harvested bird to be identified as to the species. Second, if
the total number of trumpeter swans harvested reaches 10, the swan
season would be closed by emergency tribal rule. Hunters would be
expected to check GLIFWC's Web site each day they hunt to determine the
current season status. We believe both of these proposed restrictions
will significantly limit any potential impacts to trumpeter swans.
Further, GLIWFC's proposal to not open the season until November 1,
when they state that migrant swans have typically arrived into the
ceded areas in appreciable numbers, contributes to alleviating our
concerns regarding the potential take of trumpeter swans. GLIFWC
anticipates a total swan harvest of fewer than 20 birds (tundra and
trumpeter).
For these reasons, we believe that a tribal swan hunting season in
the ceded territory should be implemented this year.
Remove Restrictions on Decoy Use in Wisconsin
In Wisconsin, State law requires that decoys may not be placed more
than an hour before legal shooting hours or left out more than 20
minutes after legal shooting hours. As we stated in 2011 concerning a
similar decoy restriction in Michigan (76 FR 54676, September 1, 2011),
and in 2012 concerning this restriction (77 FR 54451, September 5,
2012), while we believe that there may be safety concerns with
elimination of such a restriction, we take no position on the relative
need or lack of need for such a restriction. Other than regulations on
National Wildlife Refuges and other Federal lands, there are no Federal
restrictions requiring the removal of unattended decoys.
Additionally, given the fact that tribal waterfowl hunting covered
by this rule would occur on ceded lands that are not in the ownership
of the Tribes, we believe the use of unattended decoys to ``reserve''
hunting areas in public waters (i.e., those lands in the ceded
territories outside of lands directly controlled by the Tribes) could
lead to confusion and frustration on the part of the public, hunters,
wildlife-management agencies, and law enforcement officials due to the
inherent difficulties of different sets of hunting regulations for
different areas and groups of hunters. While we have included GLIFWC's
proposed language regarding the restriction in their General Conditions
portion of their proposed regulations as a courtesy, we view this issue
as a Tribal-State issue, and the Service takes no position on it in
this proposed rule.
The proposed 2014-15 waterfowl hunting season regulations apply to
all treaty areas (except where noted) for GLIFWC as follows:
Ducks
Season Dates: Begin September 1 and end December 31, 2014.
Daily Bag Limit: 50 ducks in the 1837 and 1842 Treaty Area; 30
ducks in the 1836 Treaty Area.
Mergansers
Season Dates: Begin September 1 and end December 31, 2014.
Daily Bag Limit: 10 mergansers.
Geese
Season Dates: Begin September 1 and end December 31, 2014. In
addition, any portion of the ceded territory that is open to State-
licensed hunters for goose hunting outside of these dates will also be
open concurrently for tribal members.
Daily Bag Limit: 20 geese in aggregate.
Other Migratory Birds
A. Coots and Common Moorhens (Common Gallinules):
Season Dates: Begin September 1 and end December 31, 2014.
Daily Bag Limit: 20 coots and common moorhens (common gallinules),
singly or in the aggregate.
B. Sora and Virginia Rails:
Season Dates: Begin September 1 and end December 31, 2014.
Daily Bag and Possession Limits: 20, singly, or in the aggregate,
25.
C. Common Snipe:
Season Dates: Begin September 1 and end December 31, 2014.
Daily Bag Limit: 16 common snipe.
D. Woodcock:
Season Dates: Begin September 2 and end December 31, 2014.
Daily Bag Limit: 10 woodcock.
E. Mourning Dove: 1837 and 1842 Ceded Territories only.
Season Dates: Begin September 1 and end November 9, 2014.
[[Page 46946]]
Daily Bag Limit: 15 mourning doves.
F. Sandhill Cranes: 1837 and 1842 Ceded Territories only.
Season Dates: Begin September 1 and end December 31, 2014.
Daily Bag Limit: 2 cranes.
G. Swans: 1837 and 1842 Ceded Territories only.
Season Dates: Begin November 1 and end December 31, 2014.
Daily Bag Limit: 2 swans. All harvested swans must be registered by
presenting the fully-feathered carcass to a tribal registration station
or GLIFWC warden. If the total number of trumpeter swans harvested
reaches 10, the swan season will be closed by emergency tribal rule.
General Conditions
A. All tribal members will be required to obtain a valid tribal
waterfowl hunting permit.
B. Except as otherwise noted, tribal members will be required to
comply with tribal codes that will be no less restrictive than the
model ceded territory conservation codes approved by Federal courts in
the Lac Courte Oreilles v. State of Wisconsin (Voigt) and Mille Lacs
Band v. State of Minnesota cases. Chapter 10 in each of these model
codes regulates ceded territory migratory bird hunting. Both versions
of Chapter 10 parallel Federal requirements as to hunting methods,
transportation, sale, exportation, and other conditions generally
applicable to migratory bird hunting. They also automatically
incorporate by reference the Federal migratory bird regulations adopted
in response to this proposal.
C. Particular regulations of note include:
1. Nontoxic shot will be required for all waterfowl hunting by
tribal members.
2. Tribal members in each zone will comply with tribal regulations
providing for closed and restricted waterfowl hunting areas. These
regulations generally incorporate the same restrictions contained in
parallel State regulations.
3. There are no possession limits, with the exception of 2 swans
(in the aggregate) and 25 rails (in the aggregate). For purposes of
enforcing bag limits, all migratory birds in the possession and custody
of tribal members on ceded lands will be considered to have been taken
on those lands unless tagged by a tribal or State conservation warden
as taken on reservation lands. All migratory birds that fall on
reservation lands will not count as part of any off-reservation bag or
possession limit.
4. The baiting restrictions included in the respective section
10.05(2)(h) of the model ceded territory conservation codes will be
amended to include language which parallels that in place for nontribal
members as published at 64 FR 29799, June 3, 1999.
5. The shell limit restrictions included in the respective section
10.05(2)(b) of the model ceded territory conservation codes will be
removed.
6. Hunting hours shall be from a half hour before sunrise to 30
minutes after sunset.
7. Duck Blind and Decoys:
A. Michigan: Tribal members hunting in Michigan will comply with
duck blind and decoy regulations contained in the tribal conservation
codes listed above under item 4, except that unattended decoys can be
kept out overnight in the Michigan portion of the 1842 ceded territory.
B. Wisconsin: Tribal members hunting in Wisconsin will comply with
duck blind regulations contained in the tribal conservation codes
listed above under Item 4, but there shall be no restrictions on decoy
use except for the prohibition on using live decoys.
We propose to approve the above GLIFWC regulations for the 2014-15
hunting season.
(f) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New
Mexico (Tribal Members and Nontribal Hunters)
The Jicarilla Apache Tribe has had special migratory bird hunting
regulations for tribal members and nonmembers since the 1986-87 hunting
season. The Tribe owns all lands on the reservation and has recognized
full wildlife management authority. In general, the proposed seasons
would be more conservative than allowed by the Federal frameworks of
last season and by States in the Pacific Flyway.
The Tribe proposes a 2014-15 waterfowl and Canada goose season
beginning October 11, 2014, and a closing date of November 30, 2014.
Daily bag and possession limits for waterfowl would be the same as
Pacific Flyway States. The Tribe proposes a daily bag limit for Canada
geese of two. Other regulations specific to the Pacific Flyway
guidelines for New Mexico would be in effect.
During the Jicarilla Game and Fish Department's 2012-13 season,
estimated duck harvest was 132, which is within the historical harvest
range. The species composition included mainly mallards, northern
shovelor, gadwall, American wigeon, and teal. The estimated harvest of
geese was 9 birds.
The proposed regulations are essentially the same as were
established last year. The Tribe anticipates the maximum 2014-15
waterfowl harvest would be around 300 ducks and 30 geese.
We propose to approve the Tribe's requested 2014-15 hunting
seasons.
(g) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal
Members and Nontribal Hunters)
The Kalispel Reservation was established by Executive Order in
1914, and currently comprises approximately 4,600 acres. The Tribe owns
all Reservation land and has full management authority. The Kalispel
Tribe has a fully developed wildlife program with hunting and fishing
codes. The Tribe enjoys excellent wildlife management relations with
the State. The Tribe and the State have an operational memorandum of
understanding with emphasis on fisheries but also for wildlife.
The nontribal member seasons described below pertain to a 176-acre
waterfowl management unit and 800 acres of reservation land with a
guide for waterfowl hunting. The Tribe is utilizing this opportunity to
rehabilitate an area that needs protection because of past land use
practices, as well as to provide additional waterfowl hunting in the
area. Beginning in 1996, the requested regulations also included a
proposal for Kalispel-member-only migratory bird hunting on Kalispel-
ceded lands within Washington, Montana, and Idaho.
For the 2014-15 migratory bird hunting seasons, the Kalispel Tribe
proposes tribal and nontribal member waterfowl seasons. The Tribe
requests that both duck and goose seasons open at the earliest possible
date and close on the latest date under Federal frameworks.
For nontribal hunters on reservation, the Tribe requests the
seasons open at the earliest possible date and remain open, for the
maximum amount of open days. Specifically, the Tribe requests that the
season for ducks begin September 20, 2014, and end September 22, 2014,
open again beginning September 27, and end September 29, 2014, and then
begin October 1, 2014, and end January 20, 2015. In that period,
nontribal hunters would be allowed to hunt approximately 103 days.
Hunters should obtain further information on specific hunt days from
the Kalispel Tribe.
For nontribal hunters on reservation, the Tribe also requests the
season for geese run from September 6 to September 14, 2014, and from
October 1, 2014, to January 20, 2015. Total number of days should not
exceed 107. Nontribal hunters should obtain further information on
specific hunt days from
[[Page 46947]]
the Tribe. Daily bag and possession limits would be the same as those
for the State of Washington.
The Tribe reports past nontribal harvest of 1.5 ducks per day.
Under the proposal, the Tribe expects harvest to be similar to last
year, that is, fewer than 100 geese and 200 ducks.
All other State and Federal regulations contained in 50 CFR part
20, such as use of nontoxic shot and possession of a signed migratory
bird hunting stamp, would be required.
For tribal members on Kalispel-ceded lands, the Kalispel Tribe
proposes season dates for ducks of September 20, 2014, through January
20, 2015, and for geese of September 6, 2014, through January 20, 2015.
Daily bag and possession limits would parallel those in the Federal
regulations contained in 50 CFR part 20.
The Tribe reports that there was no tribal harvest. Under the
proposal, the Tribe expects harvest to be fewer than 200 birds for the
season with fewer than 100 geese. Tribal members would be required to
possess a signed Federal migratory bird stamp and a tribal ceded lands
permit.
We propose to approve the regulations requested by the Kalispel
Tribe, provided that the nontribal seasons conform to Treaty
limitations and final Federal frameworks for the Pacific Flyway.
(h) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only)
The Klamath Tribe currently has no reservation, per se. However,
the Klamath Tribe has reserved hunting, fishing, and gathering rights
within its former reservation boundary. This area of former
reservation, granted to the Klamaths by the Treaty of 1864, is over 1
million acres. Tribal natural resource management authority is derived
from the Treaty of 1864, and carried out cooperatively under the
judicially enforced Consent Decree of 1981. The parties to this Consent
Decree are the Federal Government, the State of Oregon, and the Klamath
Tribe. The Klamath Indian Game Commission sets the seasons. The tribal
biological staff and tribal regulatory enforcement officers monitor
tribal harvest by frequent bag checks and hunter interviews.
For the 2014-15 season, we have not yet heard from the Tribe;
however, the Tribe usually requests proposed season dates of October 1,
2014, through January 31, 2015. Daily bag limits would be 9 for ducks,
9 for geese, and 9 for coot, with possession limits twice the daily bag
limit. Shooting hours would be one-half hour before sunrise to one-half
hour after sunset. Steel shot is required.
Based on the number of birds produced in the Klamath Basin, this
year's harvest would be similar to last year's. Information on tribal
harvest suggests that more than 70 percent of the annual goose harvest
is local birds produced in the Klamath Basin.
If we receive a proposal that matches the Tribe's usual request, we
propose to approve those 2014-15 special migratory bird hunting
regulations.
(i) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members
Only)
The Leech Lake Band of Ojibwe is a federally recognized Tribe
located in Cass Lake, Minnesota. The reservation employs conservation
officers to enforce conservation regulations. The Service and the Tribe
have cooperatively established migratory bird hunting regulations since
2000.
For the 2014-15 season, the Tribe requests a duck season starting
on September 13 and ending December 31, 2014, and a goose season to run
from September 1 through December 31, 2014. Daily bag limits for ducks
would be 10, including no more than 5 pintail, 5 canvasback, and 5
black ducks. Daily bag limits for geese would be 10. Possession limits
would be twice the daily bag limit. Shooting hours are one-half hour
before sunrise to one-half hour after sunset.
The annual harvest by tribal members on the Leech Lake Reservation
is estimated at 250 to 500 birds.
We propose to approve the Leech Lake Band of Ojibwe's requested
2014-15 special migratory bird hunting season.
(j) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal
Members Only)
The Little River Band of Ottawa Indians is a self-governing,
federally recognized Tribe located in Manistee, Michigan, and 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 1986-87 hunting season. Ceded lands
are located in Lake, Mason, Manistee, and Wexford Counties. The Band
normally proposes regulations to govern the hunting of migratory birds
by Tribal members within the 1836 Ceded Territory as well as on the
Band's Reservation.
For the 2014-15 season, the Little River Band of Ottawa Indians
proposes a duck and merganser season from September 12, 2014, through
January 25, 2015. A daily bag limit of 12 ducks would include no more
than 2 pintail, 2 canvasback, 3 black ducks, 3 wood ducks, 3 redheads,
6 mallards (only 2 of which may be a hen), and 1 hooded merganser.
Possession limits would be twice the daily bag limit.
For white-fronted geese, snow geese, and brant, the Tribe proposes
a September 19 through November 30, 2014, season. Daily bag limits
would be five geese.
For Canada geese only, the Tribe proposes a September 1, 2014,
through February 8, 2015, season with a daily bag limit of five. The
possession limit would be twice the daily bag limit.
For snipe, woodcock, rails, and mourning doves, the Tribe proposes
a September 1 to November 14, 2014, season. The daily bag limit would
be 10 common snipe, 5 woodcock, 10 rails, and 10 mourning doves.
Possession limits for all species would be twice the daily bag limit.
The Tribe monitors harvest through mail surveys. General conditions
are as follows:
A. All tribal members will be required to obtain a valid tribal
resource card and 2014-15 hunting license.
B. Except as modified by the Service rules adopted in response to
this proposal, these amended regulations parallel all Federal
regulations contained in 50 CFR part 20.
C. Particular regulations of note include:
(1) Nontoxic shot will be required for all waterfowl hunting by
tribal members.
(2) Tribal members in each zone will comply with tribal regulations
providing for closed and restricted waterfowl hunting areas. These
regulations generally incorporate the same restrictions contained in
parallel State regulations.
D. Tribal members hunting in Michigan will comply with tribal codes
that contain provisions parallel to Michigan law regarding duck blinds
and decoys.
We plan to approve Little River Band of Ottawa Indians' requested
2014-15 special migratory bird hunting seasons.
(k) The Little Traverse Bay Bands of Odawa Indians, Petoskey, Michigan
(Tribal Members Only)
The Little Traverse Bay Bands of Odawa Indians (LTBB) is a self-
governing, federally recognized Tribe located in Petoskey, Michigan,
and 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 1986-87 hunting season.
[[Page 46948]]
For the 2014-15 season, the Little Traverse Bay Bands of Odawa
Indians propose regulations similar to those of other Tribes in the
1836 treaty area. LTBB proposes the regulations to govern the hunting
of migratory birds by tribal members on the LTBB reservation and within
the 1836 Treaty Ceded Territory. The tribal member duck and merganser
season would run from September 15, 2014, through January 31, 2015. A
daily bag limit of 20 ducks and 10 mergansers would include no more
than 5 hen mallards, 5 pintail, 5 canvasback, 5 scaup, 5 hooded
merganser, 5 black ducks, 5 wood ducks, and 5 redheads.
For Canada geese, the LTBB proposes a September 1, 2014, through
February 8, 2015, season. The daily bag limit for Canada geese would be
20 birds. We further note that, based on available data (of major goose
migration routes), it is unlikely that any Canada geese from the
Southern James Bay Population would be harvested by the LTBB.
Possession limits are twice the daily bag limit.
For woodcock, the LTBB proposes a September 1 to December 1, 2014,
season. The daily bag limit will not exceed 10 birds. For snipe, the
LTBB proposes a September 1 to December 31, 2014, season. The daily bag
limit will not exceed 16 birds. For mourning doves, the LTBB proposes a
September 1 to November 14, 2014, season. The daily bag limit will not
exceed 15 birds. For Virginia and sora rails, the LTBB proposes a
September 1 to December 31, 2014, season. The daily bag limit will not
exceed 20 birds per species. For coots and gallinules, the LTBB
proposes a September 15 to December 31, 2014, season. The daily bag
limit will not exceed 20 birds per species. The possession limit will
not exceed 2 days' bag limit for all birds.
The LTBB also proposes a sandhill crane season to begin September 1
and end December 1, 2014. The daily bag limit will not exceed one bird.
The possession limit will not exceed two times the bag limit.
All other Federal regulations contained in 50 CFR part 20 would
apply.
Harvest surveys from 2013-14 hunting season indicated that
approximately 13 hunters harvested 7 different waterfowl species. The
LTBB proposes to monitor harvest closely through game bag checks,
patrols, and mail surveys. In particular, the LTBB proposes monitoring
the harvest of Southern James Bay Canada geese and sandhill cranes to
assess any impacts of tribal hunting on the population.
We propose to approve the Little Traverse Bay Bands of Odawa
Indians' requested 2014-15 special migratory bird hunting regulations.
(l) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,
South Dakota (Tribal Members and Nontribal Hunters)
The Lower Brule Sioux Tribe first established tribal migratory bird
hunting regulations for the Lower Brule Reservation in 1994. The Lower
Brule Reservation is about 214,000 acres in size and is located on and
adjacent to the Missouri River, south of Pierre. Land ownership on the
reservation is mixed, and until recently, the Lower Brule Tribe had
full management authority over fish and wildlife via a memorandum of
agreement (MOA) with the State of South Dakota. The MOA provided the
Tribe jurisdiction over fish and wildlife on reservation lands,
including deeded and U.S. Army Corps of Engineers-taken lands. For the
2014-15 season, the two parties have come to an agreement that provides
the public a clear understanding of the Lower Brule Sioux Wildlife
Department license requirements and hunting season regulations. The
Lower Brule Reservation waterfowl season is open to tribal and
nontribal hunters.
For the 2014-15 migratory bird hunting season, the Lower Brule
Sioux Tribe proposes a nontribal member duck, merganser, and coot
season length of 107 days, or the maximum number of days allowed by
Federal frameworks in the High Plains Management Unit for this season.
The Tribe proposes a duck season from October 11, 2014, through January
15, 2015. The daily bag limit would be six birds or maximum amount
federal regulations allow, including no more than two hen mallard and
five mallards total, two pintail, two redhead, two canvasback, three
wood duck, three scaup, and one mottled duck. The daily bag limit for
mergansers would be five, only two of which could be a hooded
merganser. The daily bag limit for coots would be 15. Possession limits
would be three times the daily bag limits.
The Tribe's proposed nontribal-member Canada goose season would run
from November 1, 2014, through February 15, 2015 (107-day season
length), with a daily bag limit of six Canada geese. The Tribe's
proposed nontribal member white-fronted goose season would run from
November 1, 2014, through January 27, 2015, with a daily bag and
possession limits concurrent with Federal regulations. The Tribe's
proposed nontribal-member light goose season would run from November 1,
2014, through February 15, 2015, and February 16 through May 3, 2015.
The light goose daily bag limit would be 20 or maximum amount federal
regulations allow with no possession limits.
For tribal members, the Lower Brule Sioux Tribe proposes a duck,
merganser, and coot season from September 1, 2014, through March 10,
2015. The daily bag limit would be six ducks, including no more than
two hen mallard and five mallards total, two pintail, two redheads, two
canvasback, three wood ducks, three scaup, and one mottled duck or the
maximum amount federal regulations allow. The daily bag limit for
mergansers would be five, only two of which could be hooded mergansers.
The daily bag limit for coots would be 15. Possession limits would be
three times the daily bag limits.
The Tribe's proposed Canada goose season for tribal members would
run from September 1, 2014, through March 10, 2015, with a daily bag
limit of six Canada geese. The Tribe's proposed white-fronted goose
tribal season would run from September 1, 2014, through March 10, 2015,
with a daily bag limit of two white-fronted geese or the maximum that
Federal regulations allow. The Tribe's proposed light goose tribal
season would run from September 1, 2014, through March 10, 2015, and
March 11, 2015 through May 3, 2015. The light goose daily bag limit
would be 20 or the maximum that Federal regulations allow, with no
possession limits.
In the 2012-13 season, non-tribal members harvested 414 geese and
658 ducks. In the 2012-13 season, duck harvest species composition was
primarily mallard (69 percent), gadwall, and green-winged teal (10
percent each).
The Tribe anticipates a duck harvest similar to those of the
previous 3 years and a goose harvest below the target harvest level of
3,000 to 4,000 geese. All basic Federal regulations contained in 50 CFR
part 20, including the use of nontoxic shot, Migratory Waterfowl
Hunting and Conservation Stamps, etc., would be observed by the Tribe's
proposed regulations. In addition, the Lower Brule Sioux Tribe has an
official Conservation Code that was established by Tribal Council
Resolution in June 1982 and updated in 1996.
We plan to approve the Tribe's requested regulations for the Lower
Brule Reservation given that the seasons' dates fall within final
Federal flyway frameworks (applies to nontribal hunters only).
(m) Lower Elwha Klallam Tribe, Port Angeles, Washington (Tribal Members
Only)
Since 1996, the Service and the Point No Point Treaty Tribes, of
which Lower Elwha was one, have cooperated to
[[Page 46949]]
establish special regulations for migratory bird hunting. The Tribes
are now acting independently, and the Lower Elwha Klallam Tribe would
like to establish migratory bird hunting regulations for tribal members
for the 2014-15 season. The Tribe has a reservation on the Olympic
Peninsula in Washington State and is a successor to the signatories of
the Treaty of Point No Point of 1855.
For the 2014-15 season, the Lower Elway Klallam Tribe requests
special migratory bird hunting regulations for ducks (including
mergansers), geese, coots, band-tailed pigeons, snipe, and mourning
doves. The Lower Elwha Klallam Tribe requests a duck and coot season
from September 13, 2014, to January 4, 2015. The daily bag limit will
be seven ducks, including no more than two hen mallards, one pintail,
one canvasback, and two redheads. The daily bag and possession limit on
harlequin duck will be one per season. The coot daily bag limit will be
25. The possession limit will be twice the daily bag limit, except as
noted above.
For geese, the Tribe requests a season from September 13, 2014, to
January 4, 2015. The daily bag limit will be four, including no more
than three light geese. The season on Aleutian Canada geese will be
closed.
For brant, the Tribe proposes to close the season.
For mourning doves, band-tailed pigeon, and snipe, the Tribe
requests a season from September 1, 2014, to January 11, 2015, with a
daily bag limit of 10, 2, and 8, respectively. The possession limit
will be twice the daily bag limit.
All Tribal hunters authorized to hunt migratory birds are required
to obtain a tribal hunting permit from the Lower Elwha Klallam Tribe
pursuant to tribal law. Hunting hours would be from one-half hour
before sunrise to sunset. Only steel, tungsten-iron, tungsten-polymer,
tungsten-matrix, and tin shot are allowed for hunting waterfowl. It is
unlawful to use or possess lead shot while hunting waterfowl.
The Tribe typically anticipates harvest to be fewer than 10 birds.
Tribal reservation police and Tribal fisheries enforcement officers
have the authority to enforce these migratory bird hunting regulations.
The Service proposes to approve the request for special migratory
bird hunting regulations for the Lower Elwha Klallam Tribe.
(n) Makah Indian Tribe, Neah Bay, Washington (Tribal Members Only)
The Makah Indian Tribe and the Service have been cooperating to
establish special regulations for migratory game birds on the Makah
Reservation and traditional hunting land off the Makah Reservation
since the 2001-02 hunting season. Lands off the Makah Reservation are
those contained within the boundaries of the State of Washington Game
Management Units 601-603.
The Makah Indian Tribe proposes a duck and coot hunting season from
September 27, 2014, to January 25, 2015. The daily bag limit is seven
ducks, including no more than five mallards (only two hen mallard), one
canvasback, one pintail, three scaup, and one redhead. The daily bag
limit for coots is 25. The Tribe has a year-round closure on wood ducks
and harlequin ducks. Shooting hours for all species of waterfowl are
one-half hour before sunrise to sunset.
For geese, the Tribe proposes that the season open on September 27,
2014, and close January 25, 2015. The daily bag limit for geese is four
and one brant. The Tribe notes that there is a year-round closure on
Aleutian and dusky Canada geese.
For band-tailed pigeons, the Tribe proposes that the season open
September 13, 2014, and close October 26, 2014. The daily bag limit for
band-tailed pigeons is two.
The Tribe anticipates that harvest under this regulation will be
relatively low since there are no known dedicated waterfowl hunters and
any harvest of waterfowl or band-tailed pigeons is usually incidental
to hunting for other species, such as deer, elk, and bear. The Tribe
expects fewer than 50 ducks and 10 geese to be harvested during the
2014-15 migratory bird hunting season.
All other Federal regulations contained in 50 CFR part 20 would
apply. The following restrictions are also usually proposed by the
Tribe:
(1) As per Makah Ordinance 44, only shotguns may be used to hunt
any species of waterfowl. Additionally, shotguns must not be discharged
within 0.25 miles of an occupied area.
(2) Hunters must be eligible, enrolled Makah tribal members and
must carry their Indian Treaty Fishing and Hunting Identification Card
while hunting. No tags or permits are required to hunt waterfowl.
(3) The Cape Flattery area is open to waterfowl hunting, except in
designated wilderness areas, or within 1 mile of Cape Flattery Trail,
or in any area that is closed to hunting by another ordinance or
regulation.
(4) The use of live decoys and/or baiting to pursue any species of
waterfowl is prohibited.
(5) Steel or bismuth shot only for waterfowl is allowed; the use of
lead shot is prohibited.
(6) The use of dogs is permitted to hunt waterfowl.
The Service proposes to approve the Makah Indian Tribe's requested
2014-15 special migratory bird hunting regulations.
(o) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona
(Tribal Members and Nontribal Hunters)
Since 1985, we have established uniform migratory bird hunting
regulations for tribal members and nonmembers on the Navajo Indian
Reservation (in parts of Arizona, New Mexico, and Utah). The Navajo
Nation owns almost all lands on the reservation and has full wildlife
management authority.
For the 2014-15 season, the Tribe requests the earliest opening
dates and longest duck, mergansers, Canada geese and coots seasons, and
the same daily bag and possession limits allowed to Pacific Flyway
States under final Federal frameworks for tribal and non-tribal
members.
For both mourning dove and band-tailed pigeons, the Navajo Nation
proposes seasons of September 1 through September 30, 2014, with daily
bag limits of 10 and 5, respectively. Possession limits would be twice
the daily bag limits.
The Nation requires tribal members and nonmembers to comply with
all basic Federal migratory bird hunting regulations in 50 CFR part 20
pertaining to 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), which
must be signed in ink across the face. Special regulations established
by the Navajo Nation also apply on the reservation.
The Tribe anticipates a total harvest of fewer than 500 mourning
doves; fewer than 10 band-tailed pigeons; fewer than 1,000 ducks,
coots, and mergansers; and fewer than 1,000 Canada geese for the 2014-
15 season. The Tribe measures harvest by mail survey forms. Through the
established Navajo Nation Code, titles 17 and 18, and 23 U.S.C. 1165,
the Tribe will take action to close the season, reduce bag limits, or
take other appropriate actions if the harvest is detrimental to the
migratory bird resource.
We propose to approve those the Navajo Nation's 2014-15 special
migratory bird hunting regulations.
[[Page 46950]]
(p) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal
Members Only)
Since 1991-92, the Oneida Tribe of Indians of Wisconsin and the
Service have cooperated to establish uniform regulations for migratory
bird hunting by tribal and nontribal hunters within the original Oneida
Reservation boundaries. Since 1985, the Oneida Tribe's Conservation
Department has enforced the Tribe's hunting regulations within those
original reservation limits. The Oneida Tribe also has a good working
relationship with the State of Wisconsin and the majority of the
seasons and limits are the same for the Tribe and Wisconsin.
In a May 30, 2014, letter, the Tribe proposes special migratory
bird hunting regulations. For ducks, the Tribe describes the general
outside dates as being September 20 through December 7, 2014, with a
closed segment of November 22 to 30, 2014. The Tribe proposes a daily
bag limit of six birds, which could include no more than six mallards
(three hen mallards), six wood duck, one redhead, two pintail, and one
hooded merganser.
For geese, the Tribe requests a season between September 1 and
December 31, 2014, with a daily bag limit of five Canada geese. The
Tribe will close the season November 22 to 30, 2014. If a quota of 500
geese is attained before the season concludes, the Tribe will recommend
closing the season early.
For woodcock, the Tribe proposes a season between September 6 and
November 2, 2014, with a daily bag and possession limit of two and
four, respectively.
For mourning dove, the Tribe proposes a season between September 6
and November 2, 2014, with a daily bag and possession limit of 10 and
20, respectively.
The Tribe proposes shooting hours be one-half hour before sunrise
to one-half hour after sunset. Nontribal hunters hunting on the
Reservation or on lands under the jurisdiction of the Tribe must comply
with all State of Wisconsin regulations, including shooting hours of
one-half hour before sunrise to sunset, season dates, and daily bag
limits. Tribal members and nontribal hunters hunting on the Reservation
or on lands under the jurisdiction of the Tribe must observe all basic
Federal migratory bird hunting regulations found in 50 CFR part 20,
with the following exceptions: Oneida members would be exempt from the
purchase of the Migratory Waterfowl Hunting and Conservation Stamp
(Duck Stamp); and shotgun capacity is not limited to three shells.
The Service proposes to approve the request for 2014-15 special
migratory bird hunting regulations for the Oneida Tribe of Indians of
Wisconsin.
(q) Point No Point Treaty Council Tribes, Kingston, Washington (Tribal
Members Only)
We are establishing uniform migratory bird hunting regulations for
tribal members on behalf of the Point No Point Treaty Council Tribes,
consisting of the Port Gamble S'Klallam and Jamestown S'Klallam Tribes.
The two tribes have reservations and ceded areas in northwestern
Washington State and are the successors to the signatories of the
Treaty of Point No Point of 1855. These proposed regulations will apply
to tribal members both on and off reservations within the Point No
Point Treaty Areas; however, the Port Gamble S'Klallam and Jamestown
S'Klallam Tribal season dates differ only where indicated below.
For the 2014-15 season, the Point No Point Treaty Council requests
special migratory bird hunting regulations for the 2014-15 hunting
season for both the Jamestown S'Klallam and Port Gamble S'Klallam
Tribes. For ducks and coots hunting season, the Jamestown S'Klallam
Tribe season would open September 13, 2014, and close February 1, 2015.
The Port Gamble S'Klallam Tribes season would open from September 2,
2014, to January 31, 2015. The daily bag limit would be seven ducks,
including no more than two hen mallards, one canvasback, one pintail,
two redhead, and four scoters. The daily bag limit for coots would be
25. The daily bag limit and possession limit on harlequin ducks would
be one per season. The daily possession limits are double the daily bag
limits except where noted.
For geese, the Point No Point Treaty Council proposes the season
open on September 9, 2014, and close March 10, 2015, for the Jamestown
S'Klallam Tribe, and open on September 14, 2014, and close March 9,
2015, for the Port Gamble S'Klallam Tribe. The daily bag limit for
geese would be four, not to include more than three light geese. The
Council notes that there is a year-round closure on dusky Canada geese.
For brant, the Council proposes the season open on November 9, 2014,
and close January 31, 2015, for the Port Gamble S'Klallam Tribe, and
open on January 10 and close January 25, 2015, for the Jamestown
S'Klallam Tribe. The daily bag limit for brant would be two.
For band-tailed pigeons, the Port Gamble S'Klallam Tribe season
would open September 2, 2014, and close March 9, 2015. The Jamestown
S'Klallam Tribe season would open September 13, 2014, and close January
18, 2015. The daily bag limit for band-tailed pigeons would be two. For
snipe, the Port Gamble S'Klallam Tribe season would open September 2,
2014, and close March 9, 2015. The Jamestown S'Klallam Tribe season
would open September 13, 2014, and close March 10, 2015. The daily bag
limit for snipe would be eight. For mourning dove, the Port Gamble
S'Klallam Tribe season would open September 2, 2014, and close January
31, 2015. The Jamestown S'Klallam Tribe would open September 13, 2014,
and close January 18, 2015. The daily bag limit for mourning dove would
be 10.
The Tribe anticipates a total harvest of fewer than 200 birds for
the 2014-15 season. The tribal fish and wildlife enforcement officers
have the authority to enforce these tribal regulations.
We propose to approve the Point No Point Treaty Council Tribe's
requested 2014-15 special migratory bird seasons.
(r) Saginaw Tribe of Chippewa Indians, Mt. Pleasant, Michigan (Tribal
Members Only)
The Saginaw Tribe of Chippewa Indians is a federally recognized,
self-governing Indian Tribe, located on the Isabella Reservation lands
bound by Saginaw Bay in Isabella and Arenac Counties, Michigan.
In a May 15, 2014, letter, the Tribe proposes special migratory
bird hunting regulations. For ducks, mergansers, and common snipe, the
Tribe proposes outside dates as September 1, 2014, through January 31,
2015. The Tribe proposes a daily bag limit of 20 ducks, which could
include no more than five each of the following: hen mallards; wood
duck; black duck; pintail; red head; scaup; and canvasback. The
merganser daily bag limit is 10 with no more than 5 hooded mergansers
and 16 for common snipe.
For geese, coot, gallinule, sora, and Virginia rail, the Tribe
requests a season from September 1, 2014, to January 31, 2015. The
daily bag limit for geese is 20, in the aggregate. The daily bag limit
for coot, gallinule, sora, and Virginia rail is 20 in the aggregate.
For woodcock and mourning dove, the Tribe proposes a season between
September 1, 2014, and January 31, 2015, with daily bag limits of 10
and 25, respectively.
For sandhill crane, the Tribe proposes a season between September
1, 2014, and January 31, 2015, with a daily bag limit of one.
All Saginaw Tribe members exercising hunting treaty rights are
required to comply with Tribal Ordinance 11. Hunting hours would be
[[Page 46951]]
from one-half hour before sunrise to one-half hour after sunset. All
other regulations in 50 CFR part 20 apply including the use of only
nontoxic shot for hunting waterfowl.
The Service proposes to approve the request for 2014-15 special
migratory bird hunting regulations for the Saginaw Tribe of Chippewa
Indians.
(s) Sault Ste. Marie Tribe of Chippewa Indians, Sault Ste. Marie,
Michigan (Tribal Members Only)
The Sault Ste. Marie Tribe of Chippewa Indians is a federally
recognized, self-governing Indian Tribe, distributed throughout the
eastern Upper Peninsula and northern Lower Peninsula of Michigan. The
Tribe has retained the right to hunt, fish, trap, and gather on the
lands ceded in the Treaty of Washington (1836).
In a May 27, 2014, letter, the Tribe proposes special migratory
bird hunting regulations. For ducks, mergansers, and common snipe, the
Tribe proposes outside dates as September 15 through December 31, 2014.
The Tribe proposes a daily bag limit of 20 ducks, which could include
no more than 10 mallards (5 hen mallards), 5 wood duck, 5 black duck,
and 5 canvasback. The merganser daily bag limit is 10 in the aggregate
and 16 for common snipe.
For geese, coot, gallinule, sora, and Virginia rail, the Tribe
requests a season from September 1 to December 31, 2014. The daily bag
limit for geese is 20, in the aggregate. The daily bag limit for coot,
gallinule, sora, and Virginia rail is 20 in the aggregate.
For woodcock, the Tribe proposes a season between September 2 and
December 1, 2014, with a daily bag and possession limit of 10 and 20,
respectively.
For mourning dove, the Tribe proposes a season between September 1
and November 14, 2014, with a daily bag and possession limit of 10 and
20, respectively.
In 2013, the total estimated waterfowl hunters was 261. All Sault
Ste. Marie Tribe members exercising hunting treaty rights within the
1836 Ceded Territory are required to submit annual harvest reports
including date of harvest, number and species harvested, and location
of harvest. Hunting hours would be from one-half hour before sunrise to
one-half hour after sunset. All other regulations in 50 CFR part 20
apply including the use of only nontoxic shot for hunting waterfowl.
The Service proposes to approve the request for 2014-15 special
migratory bird hunting regulations for the Sault Ste. Marie Tribe of
Chippewa Indians.
(t) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall,
Idaho (Nontribal Hunters)
Almost all of the Fort Hall Indian Reservation is tribally owned.
The Tribes claim full wildlife management authority throughout the
reservation, but the Idaho Fish and Game Department has disputed tribal
jurisdiction, especially for hunting by nontribal members on
reservation lands owned by non-Indians. As a compromise, since 1985, we
have established the same waterfowl hunting regulations on the
reservation and in a surrounding off-reservation State zone. The
regulations were requested by the Tribes and provided for different
season dates than in the remainder of the State. We agreed to the
season dates because they would provide additional protection to
mallards and pintails. The State of Idaho concurred with the zoning
arrangement. We have no objection to the State's use of this zone again
in the 2014-15 hunting season, provided the duck and goose hunting
season dates are the same as on the reservation.
In a proposal for the 2014-15 hunting season, the Shoshone-Bannock
Tribes request a continuous duck (including mergansers) season, with
the maximum number of days and the same daily bag and possession limits
permitted for Pacific Flyway States under the final Federal frameworks.
The Tribes propose a duck and coot season with, if the same number of
hunting days is permitted as last year, an opening date of October 4,
2014, and a closing date of January 18, 2015. The Tribes anticipate
harvest will be about 7,000 ducks.
The Tribes also request a continuous goose season with the maximum
number of days and the same daily bag and possession limits permitted
in Idaho under Federal frameworks. The Tribes propose that, if the same
number of hunting days is permitted as in previous years, the season
would have an opening date of October 4, 2014, and a closing date of
January 18, 2015. The Tribes anticipate harvest will be about 5,000
geese.
The Tribes request a common snipe season with the maximum number of
days and the same daily bag and possession limits permitted in Idaho
under Federal frameworks. The Tribes propose that, if the same number
of hunting days is permitted as in previous years, the season would
have an opening date of October 4, 2014, and a closing date of January
18, 2015.
Nontribal hunters must comply with all basic Federal migratory bird
hunting regulations in 50 CFR part 20 pertaining to shooting hours, use
of steel shot, and manner of taking. Special regulations established by
the Shoshone-Bannock Tribes also apply on the reservation.
We note that the requested regulations are nearly identical to
those of last year, and we propose to approve them for the 2014-15
hunting season given that the seasons' dates fall within the final
Federal flyway frameworks (applies to nontribal hunters only).
(u) Skokomish Tribe, Shelton, Washington (Tribal Members Only)
Since 1996, the Service and the Point No Point Treaty Tribes, of
which the Skokomish Tribe was one, have cooperated to establish special
regulations for migratory bird hunting. The Tribes have been acting
independently since 2005, and the Skokomish Tribe would like to
establish migratory bird hunting regulations for tribal members for the
2014-15 season. The Tribe has a reservation on the Olympic Peninsula in
Washington State and is a successor to the signatories of the Treaty of
Point No Point of 1855.
We have not yet received a proposal from the Skokomish Tribe at
this time. The Skokomish Tribe usually requests a duck and coot season
from September 16, 2014, to February 28, 2015. The daily bag limit is
seven ducks, including no more than two hen mallards, one pintail, one
canvasback, and two redheads. The daily bag and possession limit on
harlequin duck is one per season. The coot daily bag limit is 25. The
possession limit is twice the daily bag limit, except as noted above.
For geese, the Tribe usually requests a season from September 16,
2014, to February 28, 2015. The daily bag limit is four, including no
more than three light geese. The season on Aleutian Canada geese is
usually closed. For brant, the Tribe usually proposes a season from
November 1, 2014, to February 15, 2015, with a daily bag limit of two.
The possession limit is twice the daily bag limit.
For mourning doves, band-tailed pigeon, and snipe, the Tribe
usually requests a season from September 16, 2014, to February 28,
2015, with a daily bag limit of 10, 2, and 8, respectively. The
possession limit is twice the daily bag limit.
All Tribal hunters authorized to hunt migratory birds are required
to obtain a tribal hunting permit from the Skokomish Tribe pursuant to
tribal law. Hunting hours would be from one-half hour before sunrise to
sunset. Only steel, tungsten-iron, tungsten-polymer, tungsten-matrix,
and tin shot are allowed for hunting waterfowl. It is
[[Page 46952]]
unlawful to use or possess lead shot while hunting waterfowl.
The Tribe anticipates harvest to be fewer than 150 birds. The
Skokomish Public Safety Office enforcement officers have the authority
to enforce these migratory bird hunting regulations.
If we receive a proposal that matches the Tribe's usual request, we
propose to approve the Skokomish Tribe's 2014-15 migratory bird hunting
season.
(v) Spokane Tribe of Indians, Spokane Indian Reservation, Wellpinit,
Washington (Tribal Members Only)
The Spokane Tribe of Indians wishes to establish waterfowl seasons
on their reservation for its membership to access as an additional
resource. An established waterfowl season on the reservation will allow
access to a resource for members to continue practicing a subsistence
lifestyle.
The Spokane Indian Reservation is located in northeastern
Washington State. The reservation comprises approximately 157,000
acres. The boundaries of the Reservation are the Columbia River to the
west, the Spokane River to the south (now Lake Roosevelt), Tshimikn
Creek to the east, and the 48th Parallel as the north boundary. Tribal
membership comprises approximately 2,300 enrolled Spokane Tribal
Members.
These proposed regulations would allow Tribal Members, spouses of
Spokane Tribal Members, and first-generation descendants of a Spokane
Tribal Member with a tribal permit and Federal Waterfowl stamp an
opportunity to utilize the reservation and ceded lands for waterfowl
hunting. These regulations would also benefit tribal membership through
access to this resource throughout Spokane Tribal ceded lands in
eastern Washington. By Spokane Tribal Referendum, spouses of Spokane
Tribal Members and children of Spokane Tribal Members not enrolled are
allowed to harvest game animals within the Spokane Indian Reservation
with the issuance of hunting permits.
For the 2014-15 season, the Tribe requests to establish duck
seasons that would run from September 2, 2014, through January 31,
2015. The tribe is requesting the daily bag limit for ducks to be
consistent with final Federal frameworks. The possession limit is twice
the daily bag limit.
The Tribe proposes a season on geese starting September 2, 2014,
and ending on January 31, 2015. The tribe is requesting the daily bag
limit for geese to be consistent with final Federal frameworks. The
possession limit is twice the daily bag limit.
Based on the quantity of requests the Spokane Tribe of Indians has
received, the tribe anticipates harvest levels for the 2014-15 season
for both ducks and geese to be fewer than 100 total birds with goose
harvest at fewer than 50. Hunter success will be monitored through
mandatory harvest reports returned within 30 days of the season
closure.
We propose to approve the Spokane Tribe's requested 2014-15 special
migratory bird hunting regulations.
(w) Squaxin Island Tribe, Squaxin Island Reservation, Shelton,
Washington (Tribal Members Only)
The Squaxin Island Tribe of Washington and the Service have
cooperated since 1995, to establish special tribal migratory bird
hunting regulations. These special regulations apply to tribal members
on the Squaxin Island Reservation, located in western Washington near
Olympia, and all lands within the traditional hunting grounds of the
Squaxin Island Tribe.
For the 2014-15 season, the Tribe requests to establish duck and
coot seasons that would run from September 1, 2014, through January 15,
2015. The daily bag limit for ducks would be five per day and could
include only one canvasback. The season on harlequin ducks is closed.
For coots, the daily bag limit is 25. For snipe, the Tribe proposes
that the season start on September 15, 2014, and end on January 15,
2015. The daily bag limit for snipe would be eight. For band-tailed
pigeon, the Tribe proposes that the season start on September 1, 2014,
and end on December 31, 2014. The daily bag limit would be five. The
possession limit would be twice the daily bag limit.
The Tribe proposes a season on geese starting September 15, 2014,
and ending on January 15, 2015. The daily bag limit for geese would be
four, including no more than two snow geese. The season on Aleutian and
cackling Canada geese would be closed. For brant, the Tribe proposes
that the season start on September 1, 2014, and end on December 31,
2014. The daily bag limit for brant would be two. The possession limit
would be twice the daily bag limit.
We propose to approve the Tribe's 2014-15 special migratory bird
hunting regulations.
(x) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal
Members Only)
The Stillaguamish Tribe of Indians and the Service have cooperated
to establish special regulations for migratory game birds since 2001.
For the 2014-15 season, the Tribe requests regulations to hunt all open
and unclaimed lands under the Treaty of Point Elliott of January 22,
1855, including their main hunting grounds around Camano Island, Skagit
Flats, and Port Susan to the border of the Tulalip Tribes Reservation.
Ceded lands are located in Whatcom, Skagit, Snohomish, and Kings
Counties, and a portion of Pierce County, Washington. The Stillaguamish
Tribe of Indians is a federally recognized Tribe and reserves the
Treaty Right to hunt (U.S. v. Washington).
We have yet to hear from the Stillaguamish Tribe of Indians;
however the Tribe usually proposes their duck (including mergansers)
and goose seasons run from October 1, 2014, to February 15, 2015. The
daily bag limit on ducks (including sea ducks and mergansers) is 10.
For geese, the daily bag limit is six. Possession limits are totals of
these two daily bag limits.
The Tribe usually proposes that coot, brant, and snipe seasons run
from October 1, 2014, to January 31, 2015. The daily bag limit for coot
is 25. The daily bag limit on brant is three. The daily bag limit for
snipe is 10. Possession limits are twice the daily bag limit.
The Tribe usually proposes that band-tailed pigeon and dove seasons
run from September 1, 2014, to October 31, 2014. The daily bag limit
for band-tailed pigeon is four. The daily bag limit on dove is 10.
Possession limits are twice the daily bag limit.
Harvest is regulated by a punch card system. Tribal members hunting
on lands under this proposal will observe all basic Federal migratory
bird hunting regulations found in 50 CFR part 20, which will be
enforced by the Stillaguamish Tribal law enforcement. Tribal members
are required to use steel shot or a nontoxic shot as required by
Federal regulations.
The Tribe usually anticipates a total harvest of 200 ducks, 100
geese, 50 mergansers, 100 coots, and 100 snipe. Anticipated harvest
needs include subsistence and ceremonial needs. Certain species may be
closed to hunting for conservation purposes, and consideration for the
needs of certain species will be addressed.
The Service proposes to approve the Stillaguamish Tribe's request
for 2014-15 special migratory bird hunting regulations upon receipt of
the proposal.
(y) Swinomish Indian Tribal Community, LaConner, Washington (Tribal
Members Only)
In 1996, the Service and the Swinomish Indian Tribal Community
began cooperating to establish special
[[Page 46953]]
regulations for migratory bird hunting. The Swinomish Indian Tribal
Community is a federally recognized Indian Tribe consisting of the
Swinomish, Lower Skagit, Samish, and Kikialous. The Swinomish
Reservation was established by the Treaty of Point Elliott of January
22, 1855, and lies in the Puget Sound area north of Seattle,
Washington.
We have not yet heard from the Swinomish Indian Tribal Community.
For the 2014-15 season, the Tribal Community usually requests to
establish a migratory bird hunting season on all areas that are open
and unclaimed and consistent with the meaning of the treaty. The Tribal
Community usually requests to establish duck, merganser, Canada goose,
brant, and coot seasons opening on the earliest possible date allowed
by the final Federal frameworks for the Pacific Flyway and closing 30
days after the State of Washington closes its season. On reservation,
the Tribal Community usually requests to establish duck, merganser,
Canada goose, brant, and coot seasons opening on the earliest possible
date allowed by the final Federal frameworks for the Pacific Flyway and
closing March 9, 2015. The Swinomish Indian Tribal Community usually
requests an additional three birds of each species over the numbers
allowed by the State for daily bag and possession limits.
The Community usually anticipates that the regulations will result
in the harvest of approximately 600 ducks and 200 geese. The Swinomish
utilize a report card and permit system to monitor harvest and will
implement steps to limit harvest where conservation is needed. All
tribal regulations will be enforced by tribal fish and game officers.
If we receive a proposal that matches the Tribe's usual request, we
propose to approve those 2014-15 special migratory bird hunting
regulations.
(z) The Tulalip Tribes of Washington, Tulalip Indian Reservation,
Marysville, Washington (Tribal Members Only)
The Tulalip Tribes are the successors in interest to the Tribes and
bands signatory to the Treaty of Point Elliott of January 22, 1855. The
Tulalip Tribes' government is located on the Tulalip Indian Reservation
just north of the City of Everett in Snohomish County, Washington. The
Tribes or individual tribal members own all of the land on the
reservation, and they have full wildlife management authority. All
lands within the boundaries of the Tulalip Tribes Reservation are
closed to nonmember hunting unless opened by Tulalip Tribal
regulations.
The Tribe proposes tribal hunting regulations for the 2014-15
season. Migratory waterfowl hunting by Tulalip Tribal members is
authorized by Tulalip Tribal Ordinance No. 67. For ducks, mergansers,
coot, and snipe, the proposed season for tribal members is from
September 3, 2014, through February 28, 2015. Daily bag and possession
limits would be 7 and 14 ducks, respectively, except that for blue-
winged teal, canvasback, harlequin, pintail, and wood duck, the bag and
possession limits would be the same as those established in accordance
with final Federal frameworks. For coot, daily bag and possession
limits are 25 and 50, respectively, and for snipe 8 and 16,
respectively. Ceremonial hunting may be authorized by the Department of
Natural Resources at any time upon application of a qualified tribal
member. Such a hunt must have a bag limit designed to limit harvest
only to those birds necessary to provide for the ceremony.
For geese, tribal members propose a season from September 3, 2014,
through February 28, 2015. The goose daily bag and possession limits
would be 7 and 14, respectively, except that the bag limits for brant,
cackling Canada geese, and dusky Canada geese would be those
established in accordance with final Federal frameworks.
All hunters on Tulalip Tribal lands are required to adhere to
shooting hour regulations set at one-half hour before sunrise to
sunset, special tribal permit requirements, and a number of other
tribal regulations enforced by the Tribe. Each nontribal hunter 16
years of age and older hunting pursuant to Tulalip Tribes' Ordinance
No. 67 must possess a valid Federal Migratory Bird Hunting and
Conservation Stamp and a valid State of Washington Migratory Waterfowl
Stamp. Each hunter must validate stamps by signing across the face.
Although the season length requested by the Tulalip Tribes appears
to be quite liberal, harvest information indicates a total take by
tribal and nontribal hunters of fewer than 1,000 ducks and 500 geese
annually.
We propose to approve the Tulalip Tribe's request for 2014-15
special migratory bird hunting regulations.
(aa) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal
Members Only)
The Upper Skagit Indian Tribe and the Service have cooperated to
establish special regulations for migratory game birds since 2001. The
Tribe has jurisdiction over lands within Skagit, Island, and Whatcom
Counties, Washington. The Tribe issues tribal hunters a harvest report
card that will be shared with the State of Washington.
For the 2014-15 season, the Tribe requests a duck season starting
October 1, 2014, and ending February 28, 2015. The Tribe proposes a
daily bag limit of 15 with a possession limit of 20. The Tribe requests
a coot season starting October 1, 2014, and ending February 15, 2015.
The coot daily bag limit is 20 with a possession limit of 30.
The Tribe proposes a goose season from October 1, 2014, to February
28, 2015, with a daily bag limit of 7 geese and a possession limit of
10. For brant, the Tribe proposes a season from November 1 to November
10, 2014, with a daily bag and possession limit of 2.
The Tribe proposes a mourning dove season between September 1 and
December 31, 2014, with a daily bag limit of 12 and possession limit of
15.
The anticipated migratory bird harvest under this proposal would be
100 ducks, 5 geese, 2 brant, and 10 coots. Tribal members must have the
tribal identification and tribal 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 15 minutes before official sunrise to 15
minutes after official sunset.
We propose to approve the Tribe's 2014-15 special migratory bird
hunting regulations.
(bb) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal
Members Only)
The Wampanoag Tribe of Gay Head is a federally recognized Tribe
located on the island of Martha's Vineyard in Massachusetts. The Tribe
has approximately 560 acres of land, which it manages for wildlife
through its natural resources department. The Tribe also enforces its
own wildlife laws and regulations through the natural resources
department.
For the 2014-15 season, we have not yet heard from the Tribe. The
Tribe usually proposes a duck season of October 14, 2014, through
February 22, 2015. The Tribe usually proposes a daily bag limit of
eight birds, which could include no more than four hen mallards, four
mottled ducks, one fulvous whistling duck, four mergansers, three
scaup, two hooded mergansers, three wood ducks, one canvasback, two
redheads, two pintail, and four of all other species not listed. The
season for harlequin ducks is usually closed. The Tribe usually
proposes a teal (green-winged and blue)
[[Page 46954]]
season of October 10, 2014, through February 22, 2015. A daily bag
limit of six teal would be in addition to the daily bag limit for
ducks.
For sea ducks, the Tribe usually proposes a season between October
7, 2014, and February 22, 2015, with a daily bag limit of seven, which
could include no more than one hen eider and four of any one species
unless otherwise noted above.
For Canada geese, the Tribe usually requests a season between
September 4 and September 21, 2014, and October 28, 2014, and February
22, 2015, with a daily bag limit of 8 Canada geese. For snow geese, the
tribe requests a season between September 4 to September 21, 2014, and
November 25, 2014, to February 22, 2015, with a daily bag limit of 15
snow geese.
For woodcock, the Tribe usually proposes a season between October
10 and November 23, 2014, with a daily bag limit of three. For sora and
Virginia rails, the Tribe usually requests a season of September 2,
2014, through November 10, 2014, with a daily bag limit of 5 sora and
10 Virginia rails. For snipe, the Tribe usually requests a season of
September 2, 2014, through December 16, 2014, with a daily bag limit of
8.
Prior to 2012, the Tribe had 22 registered tribal hunters and
estimates harvest to be no more than 15 geese, 25 mallards, 25 teal, 50
black ducks, and 50 of all other species combined. Tribal members
hunting on the Reservation will observe all basic Federal migratory
bird hunting regulations found in 50 CFR part 20. The Tribe requires
hunters to register with the Harvest Information Program.
If we receive a proposal that matches the Tribe's usual request, we
propose to approve those 2014-15 special migratory bird hunting
regulations.
(cc) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal Members
Only)
The White Earth Band of Ojibwe is a federally recognized tribe
located in northwest Minnesota and encompasses all of Mahnomen County
and parts of Becker and Clearwater Counties. The reservation employs
conservation officers to enforce migratory bird regulations. The Tribe
and the Service first cooperated to establish special tribal
regulations in 1999.
For the 2014-15 migratory bird hunting season, the White Earth Band
of Ojibwe requests a duck season to start September 13 and end December
14, 2014. For ducks, they request a daily bag limit of 10, including no
more than 2 mallards, 1 pintail, and 1 canvasback. For mergansers, the
Tribe proposes the season to start September 13 and end December 14,
2014. The merganser daily bag limit would be five with no more than two
hooded mergansers. For geese, the Tribe proposes an early season from
September 1 through September 21, 2014, and a late season from
September 22, 2014, through December 14, 2014. The early season daily
bag limit is eight geese, and the late season daily bag limit is five
geese.
For coots, the Tribe proposes a September 13 through December 14,
2014, season with daily bag limits of 20 coots. Shooting hours are one-
half hour before sunrise to one-half hour after sunset. Nontoxic shot
is required.
Based on past harvest surveys, the Tribe anticipates harvest of
1,000 to 2,000 Canada geese and 1,000 to 1,500 ducks. The White Earth
Reservation Tribal Council employs four full-time conservation officers
to enforce migratory bird regulations.
We propose to approve the Tribe's 2014-15 special migratory bird
hunting regulations.
(dd) White Mountain Apache Tribe, Fort Apache Indian Reservation,
Whiteriver, Arizona (Tribal Members and Nontribal Hunters)
The White Mountain Apache Tribe owns all reservation lands, and the
Tribe has recognized full wildlife management authority. As in past
years, the White Mountain Apache Tribe has requested regulations that
are essentially unchanged from those agreed to since the 1997-98
hunting year.
The hunting zone for waterfowl is restricted and is described as:
The length of the Black River west of the Bonito Creek and Black River
confluence and the entire length of the Salt River forming the southern
boundary of the reservation; the White River, extending from the Canyon
Day Stockman Station to the Salt River; and all stock ponds located
within Wildlife Management Units 4, 5, 6, and 7. Tanks located below
the Mogollon Rim, within Wildlife Management Units 2 and 3, will be
open to waterfowl hunting during the 2014-15 season. The length of the
Black River east of the Black River/Bonito Creek confluence is closed
to waterfowl hunting. All other waters of the reservation would be
closed to waterfowl hunting for the 2014-15 season.
For nontribal and tribal hunters, the Tribe proposes a continuous
duck, coot, merganser, gallinule, and moorhen hunting season, with an
opening date of October 18, 2014, and a closing date of January 25,
2015. The Tribe proposes a separate pintail and canvasback season, with
an opening date of October 18, 2014, and a closing date of November 30,
2014. The season on scaup is closed. The Tribe proposes a daily duck
(including mergansers) bag limit of seven, which may include no more
than two redheads, two pintail, seven mallards (including no more than
two hen mallards), and one canvasback. The daily bag limit for coots,
gallinules, and moorhens would be 25, singly or in the aggregate.
For geese, the Tribe proposes a season from October 18, 2014,
through January 25, 2015. Hunting would be limited to Canada geese, and
the daily bag limit would be three.
Season dates for band-tailed pigeons and mourning doves would run
from September 1, and end September 15, 2014, in Wildlife Management
Unit 10 and all areas south of Y-70 and Y-10 in Wildlife Management
Unit 7, only. Proposed daily bag limits for band-tailed pigeons and
mourning doves would be 3 and 10, respectively.
Possession limits for the above species are twice the daily bag
limits. Shooting hours would be from one-half hour before sunrise to
sunset. There would be no open season for sandhill cranes, rails, and
snipe on the White Mountain Apache lands under this proposal.
A number of special regulations apply to tribal and nontribal
hunters, which may be obtained from the White Mountain Apache Tribe
Game and Fish Department.
We plan to approve the White Mountain Apache Tribe's requested
2014-15 special migratory bird hunting regulations.
(ee) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and
Nontribal Hunters)
The Yankton Sioux Tribe has yet to submit a waterfowl hunting
proposal for the 2014-15 season. The Yankton Sioux tribal waterfowl
hunting season usually would be open to both tribal members and
nontribal hunters. The waterfowl hunting regulations would apply to
tribal and trust lands within the external boundaries of the
reservation.
For ducks (including mergansers) and coots, we expect the Yankton
Sioux Tribe to, as usual, propose a season starting October 9, 2014,
and running for the maximum amount of days allowed under the final
Federal frameworks. Daily bag and possession limits would be six ducks,
which may include no more than five mallards (no more than two hens),
one canvasback (when the season is open), two redheads, three scaup,
one pintail, or two wood ducks. The bag limit for mergansers would be
five, which would
[[Page 46955]]
include no more than one hooded merganser. The coot daily bag limit
would be 15.
For geese, the Tribe will likely request a dark goose (Canada
geese, brant, white-fronted geese) season starting October 29, 2014,
and closing January 31, 2015. The daily bag limit would be three geese
(including no more than one white-fronted goose or brant). Possession
limits would be twice the daily bag limit.
For white geese, the proposed hunting season would start October
29, 2014, and run for the maximum amount of days allowed under the
final Federal frameworks for the State of South Dakota. Daily bag and
possession limits would equal the maximum allowed under Federal
frameworks.
All hunters would have to be in possession of a valid tribal
license while hunting on Yankton Sioux trust lands. Tribal and
nontribal hunters must comply with all basic Federal migratory bird
hunting regulations in 50 CFR part 20 pertaining to shooting hours and
the manner of taking. Special regulations established by the Yankton
Sioux Tribe also apply on the reservation.
During the 2005-06 hunting season, the Tribe reported that 90
nontribal hunters took 400 Canada geese, 75 light geese, and 90 ducks.
Forty-five tribal members harvested fewer than 50 geese and 50 ducks.
If we receive a proposal that matches the Tribe's usual request, we
propose to approve those 2014-15 special migratory bird hunting
regulations.
Public Comments
The Department of the Interior's policy is, whenever possible, to
afford the public an opportunity to participate in the rulemaking
process. Accordingly, we invite interested persons to submit written
comments, suggestions, or recommendations regarding the proposed
regulations. Before promulgating final migratory game bird hunting
regulations, we will consider all comments we receive. These comments,
and any additional information we receive, may lead to final
regulations that differ from these proposals.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in the ADDRESSES section. We will not
accept comments sent by email or fax. We will not consider hand-
delivered comments that we do not receive, or mailed comments that are
not postmarked, by the date specified in the DATES section.
We will post all comments in their entirety--including your
personal identifying information--on https://www.regulations.gov. Before
including your address, phone number, email address, or other personal
identifying information in your comment, you should be aware that your
entire comment--including your personal identifying information--may be
made publicly available at any time. While you can ask us in your
comment to withhold your personal identifying information from public
review, we cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on https://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Division of Migratory Bird Management, 5275 Leesburg
Pike, Falls Church, VA 22041-3803.
For each series of proposed rulemakings, we will establish specific
comment periods. We will consider, but possibly may not respond in
detail to, each comment. As in the past, we will summarize all comments
we receive during the comment period and respond to them after the
closing date in the preambles of any final rules.
Required Determinations
Based on our most current data, we are affirming our required
determinations made in the proposed rule; for descriptions of our
actions to ensure compliance with the following statutes and Executive
Orders, see our April 30, 2014, proposed rule (79 FR 24512):
National Environmental Policy Act;
Endangered Species Act;
Regulatory Planning and Review;
Regulatory Flexibility Act;
Small Business Regulatory Enforcement Fairness Act;
Paperwork Reduction Act;
Unfunded Mandates Reform Act;
Executive Orders 12630, 12988, 13175, 13132, and 13211.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
The rules that eventually will be promulgated for the 2014-15
hunting season are authorized under 16 U.S.C. 703-712 and 16 U.S.C. 742
a-j.
Dated: July 29, 2014.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2014-18861 Filed 8-8-14; 8:45 am]
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