Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2015-16 Late Season, 58157-58163 [2015-24162]

Download as PDF Vol. 80 Friday, No. 186 September 25, 2015 Part VI Department of the Interior mstockstill on DSK4VPTVN1PROD with RULES4 Fish and Wildlife Service 50 CFR Part 20 Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2015–16 Late Season; Final Rule VerDate Sep<11>2014 20:47 Sep 24, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\25SER4.SGM 25SER4 58158 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 20 [Docket No. FWS–HQ– MB–2014–0064; FF09M21200–156–FXMB1231099BPP0] RIN 1018–BA67 Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2015–16 Late Season Fish and Wildlife Service, Interior. ACTION: Final rule. AGENCY: SUMMARY: This rule prescribes special late-season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This rule responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of their authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest at levels compatible with populations and habitat conditions. This rule takes effect on September 26, 2015. ADDRESSES: You may inspect comments received on the special hunting regulations and Tribal proposals during normal business hours at U.S. Fish and Wildlife Headquarters, 5275 Leesburg Pike, Falls Church, VA 22041–3803, or at http://www.regulations.gov at Docket No. FWS–HQ–MB–2014–0064. 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: DATES: mstockstill on DSK4VPTVN1PROD with RULES4 Background The Migratory Bird Treaty Act of July 3, 1918 (16 U.S.C. 703 et seq.), authorizes and directs the Secretary of the Department of the Interior, having due regard for the zones of temperature and for the distribution, abundance, economic value, breeding habits, and times and lines of flight of migratory game birds, to determine when, to what extent, and by what means such birds or any part, nest, or egg thereof may be taken, hunted, captured, killed, possessed, sold, purchased, shipped, carried, exported, or transported. In the August 4, 2015, Federal Register (80 FR 46218), we proposed VerDate Sep<11>2014 20:47 Sep 24, 2015 Jkt 235001 special migratory bird hunting regulations for the 2015–16 hunting season for certain Indian tribes, under the guidelines described in the June 4, 1985, Federal Register (50 FR 23467). The guidelines respond to tribal requests for Service recognition of their reserved hunting rights, and for some tribes, recognition of their authority to regulate hunting by both tribal members and nonmembers on their reservations. The guidelines include possibilities for: (1) On-reservation hunting by both tribal members and nonmembers, with hunting by nontribal members on some reservations to take place within Federal frameworks but on dates different from those selected by the surrounding State(s); (2) On-reservation hunting by tribal members only, outside of usual Federal frameworks for season dates and length, and for daily bag and possession limits; and (3) Off-reservation hunting by tribal members on ceded lands, outside of usual framework dates and season length, with some added flexibility in daily bag and possession limits. In all cases, the regulations established under the guidelines must be consistent with the March 10– September 1 closed season mandated by the 1916 Migratory Bird Treaty with Canada. In the April 13, 2015, Federal Register (80 FR 19852), we requested that tribes desiring special hunting regulations in the 2015–16 hunting season submit a proposal including details on: (1) Harvest anticipated under the requested regulations; (2) Methods that would be employed to measure or monitor harvest (such as bag checks, mail questionnaires, etc.); (3) Steps that would be taken to limit level of harvest, where it could be shown that failure to limit such harvest would adversely impact the migratory bird resource; and (4) Tribal capabilities to establish and enforce migratory bird hunting regulations. No action is required if a tribe wishes to observe the hunting regulations established by the State(s) in which an Indian reservation is located. We have successfully used the guidelines since the 1985–86 hunting season. We finalized the guidelines beginning with the 1988–89 hunting season (August 18, 1988, Federal Register [53 FR 31612]). Although the August 4 proposed rule included generalized regulations for both early- and late-season hunting, this rulemaking addresses only the lateseason proposals. Early-season proposals were addressed in a final rule PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 published in the September 1, 2015, Federal Register (80 FR 52663). As a general rule, early seasons begin during September each year and have a primary emphasis on such species as mourning and white-winged dove. Late seasons begin about September 24 or later each year and have a primary emphasis on waterfowl. All the regulations contained in this final rule were either submitted by the tribes or approved by the tribes and follow our proposals in the August 4 proposed rule. Status of Populations Information on the status of waterfowl and information on the status and harvest of migratory shore and upland game birds, including detailed information on methodologies and results, is available at the address indicated under FOR FURTHER INFORMATION CONTACT or from our Web site at http://www.fws.gov/ migratorybirds/ NewsPublicationsReports.html. Comments and Issues Concerning Tribal Proposals For the 2015–16 migratory bird hunting season, we proposed regulations for 31 tribes or Indian groups that followed the 1985 guidelines and were considered appropriate for final rulemaking. Some of the proposals submitted by the tribes had both early- and late-season elements. However, as noted earlier, only those with late-season proposals are included in this final rulemaking; 10 tribes have proposals with late seasons. We also noted in the August 4 proposed rule (80 FR 46218) that we were proposing seasons for seven Tribes who have submitted proposals in past years but from whom we had not yet received proposals this year. We did not receive proposals from five of those Tribes and, therefore, have not included them in this final rule. The comment period for the August 4 proposed rule closed on August 14, 2015. We received three comments on our August 4 proposed rule, which announced proposed seasons for migratory bird hunting by American Indian Tribes. We responded to all three comments in the September 1, 2015, final rule. National Environmental Policy Act (NEPA) The programmatic document, ‘‘Second Final Supplemental Environmental Impact Statement: Issuance of Annual Regulations Permitting the Sport Hunting of Migratory Birds (EIS 20130139),’’ filed with the Environmental Protection E:\FR\FM\25SER4.SGM 25SER4 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations Agency (EPA) on May 24, 2013, addresses NEPA compliance by the Service for issuance of the annual framework regulations for hunting of migratory game bird species. We published a notice of availability in the Federal Register on May 31, 2013 (78 FR 32686), and our Record of Decision on July 26, 2013 (78 FR 45376). We also address NEPA compliance for waterfowl hunting frameworks through the annual preparation of separate environmental assessments, the most recent being ‘‘Duck Hunting Regulations for 2015– 16,’’ with its corresponding August 2015 finding of no significant impact. In addition, an August 1985 environmental assessment entitled ‘‘Guidelines for Migratory Bird Hunting Regulations on Federal Indian Reservations and Ceded Lands’’ is available from the person indicated under the caption FOR FURTHER INFORMATION CONTACT. mstockstill on DSK4VPTVN1PROD with RULES4 Endangered Species Act Consideration Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), provides that, ‘‘The Secretary shall review other programs administered by him and utilize such programs in furtherance of the purposes of this Act’’ (and) shall ‘‘insure that any action authorized, funded, or carried out . . . is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of [critical] habitat. . . . .’’ Consequently, we conducted formal consultations to ensure that actions resulting from these regulations would not likely jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitat. Findings from these consultations are included in a biological opinion, which concluded that the regulations are not likely to jeopardize the continued existence of any endangered or threatened species. Additionally, these findings may have caused modification of some regulatory measures previously proposed, and the final rule reflects any such modifications. Our biological opinions resulting from this section 7 consultation are public documents available for public inspection at the address indicated under ADDRESSES. Regulatory Planning and Review (Executive Orders 12866 and 13563) Executive Order 12866 provides that the Office of Information and Regulatory Affairs (OIRA) will review all significant rules. OIRA has reviewed this rule and has determined that this rule is significant because it would have an VerDate Sep<11>2014 20:47 Sep 24, 2015 Jkt 235001 annual effect of $100 million or more on the economy. Executive Order 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nation’s regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements. An updated economic analysis was prepared for the 2013–14 season. This analysis was based on data from the newly released 2011 National Hunting and Fishing Survey, the most recent year for which data are available (see discussion in Regulatory Flexibility Act section, below). This analysis estimated consumer surplus for three alternatives for duck hunting (estimates for other species are not quantified due to lack of data). The alternatives were: (1) Issue restrictive regulations allowing fewer days than those issued during the 2012– 13 season, (2) issue moderate regulations allowing more days than those in alternative 1, and (3) issue liberal regulations identical to the regulations in the 2012–13 season. For the 2013–14 season, we chose Alternative 3, with an estimated consumer surplus across all flyways of $317.8–$416.8 million. For the 2015–16 season, we have also chosen alternative 3. We also chose alternative 3 for the 2009–10, the 2010–11, the 2011–12, the 2012–13, and the 2014–15 seasons. The 2013–14 analysis is part of the record for this rule and is available at http:// www.regulations.gov at Docket No. FWS–HQ–MB–2014–0064. Regulatory Flexibility Act The annual migratory bird hunting regulations have a significant economic impact on substantial numbers of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). We analyzed the economic impacts of the annual hunting regulations on small business entities in detail as part of the 1981 costbenefit analysis. This analysis was revised annually from 1990–95. In 1995, the Service issued a Small Entity Flexibility Analysis (Analysis), which PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 58159 was subsequently updated in 1996, 1998, 2004, 2008, and 2013. The primary source of information about hunter expenditures for migratory game bird hunting is the National Hunting and Fishing Survey, which is conducted at 5-year intervals. The 2013 Analysis was based on the 2011 National Hunting and Fishing Survey and the U.S. Department of Commerce’s County Business Patterns, from which it was estimated that migratory bird hunters would spend approximately $1.5 billion at small businesses in 2013. Copies of the Analysis are available upon request from the Division of Migratory Bird Management (see FOR FURTHER INFORMATION CONTACT) or from our Web site at http://www.fws.gov/ migratorybirds/ NewReportsPublications/SpecialTopics/ SpecialTopics.html#HuntingRegs or at http://www.regulations.gov at Docket No. FWS–HQ–MB–2014–0064. Small Business Regulatory Enforcement Fairness Act This rule is a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. For the reasons outlined above, this rule will have an annual effect on the economy of $100 million or more. However, because this rule establishes hunting seasons, we are not deferring the effective date under the exemption contained in 5 U.S.C. 808(1). Paperwork Reduction Act This final rule does not contain any new information collection requirements that require approval under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. OMB has reviewed and approved the information collection requirements associated with migratory bird surveys and assigned the following OMB control numbers: • 1018–0019—North American Woodcock Singing Ground Survey (expires 5/31/2018). • 1018–0023—Migratory Bird Surveys (expires 6/30/2017). Includes Migratory Bird Harvest Information Program, Migratory Bird Hunter Surveys, Sandhill Crane Survey, and Parts Collection Survey. Unfunded Mandates Reform Act We have determined and certify, in compliance with the requirements of the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this rulemaking E:\FR\FM\25SER4.SGM 25SER4 58160 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations will not impose a cost of $100 million or more in any given year on local or State government or private entities. Therefore, this rule is not a ‘‘significant regulatory action’’ under the Unfunded Mandates Reform Act. Civil Justice Reform—Executive Order 12988 The Department, in promulgating this rule, has determined that this rule will not unduly burden the judicial system and that it meets the requirements of sections 3(a) and 3(b)(2) of Executive Order 12988. Takings Implication Assessment In accordance with Executive Order 12630, this rule, authorized by the Migratory Bird Treaty Act (16 U.S.C. 703–711), does not have significant takings implications and does not affect any constitutionally protected property rights. This rule will not result in the physical occupancy of property, the physical invasion of property, or the regulatory taking of any property. In fact, this rule allows hunters to exercise otherwise unavailable privileges and, therefore, reduces restrictions on the use of private and public property. Energy Effects—Executive Order 13211 Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. While this rule is a significant regulatory action under Executive Order 12866, it is not expected to adversely affect energy supplies, distribution, or use. Therefore, this action is not a significant energy action and no Statement of Energy Effects is required. mstockstill on DSK4VPTVN1PROD with RULES4 Government-to-Government Relationship With Tribes In accordance with the President’s memorandum of April 29, 1994, ‘‘Government-to-Government Relations with Native American Tribal Governments’’ (59 FR 22951), Executive Order 13175, and 512 DM 2, we have evaluated possible effects on Federally recognized Indian tribes and have determined that there are no effects on Indian trust resources. However, in the April 13, 2015, Federal Register, we solicited proposals for special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands for the 2015–16 migratory bird hunting season. The resulting proposals were contained in a separate August 4, 2015, proposed rule (80 FR 46218). By virtue of these actions, we have consulted with affected Tribes. VerDate Sep<11>2014 20:47 Sep 24, 2015 Jkt 235001 Federalism Effects Due to the migratory nature of certain species of birds, the Federal Government has been given responsibility over these species by the Migratory Bird Treaty Act. We annually prescribe frameworks from which the States make selections regarding the hunting of migratory birds, and we employ guidelines to establish special regulations on Federal Indian reservations and ceded lands. This process preserves the ability of the States and tribes to determine which seasons meet their individual needs. Any State or Indian tribe may be more restrictive than the Federal frameworks at any time. The frameworks are developed in a cooperative process with the States and the Flyway Councils. This process allows States to participate in the development of frameworks from which they will make selections, thereby having an influence on their own regulations. These rules do not have a substantial direct effect on fiscal capacity, change the roles or responsibilities of Federal or State governments, or intrude on State policy or administration. Therefore, in accordance with Executive Order 13132, these regulations do not have significant federalism effects and do not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. Regulations Promulgation The rulemaking process for migratory game bird hunting must, by its nature, operate under severe time constraints. However, we intend that the public be given the greatest possible opportunity to comment. Thus, when the preliminary proposed rulemaking was published, we established what we believed were the longest periods possible for public comment. In doing this, we recognized that when the comment period closed, time would be of the essence. That is, if there were a delay in the effective date of these regulations after this final rulemaking, Tribes would have insufficient time to publicize the necessary regulations and procedures to their hunters. We therefore find that ‘‘good cause’’ exists, within the terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and this rule will, therefore, take effect less than 30 days after the date of publication. Accordingly, with each participating Tribe having had an opportunity to participate in selecting the hunting seasons desired for its reservation or ceded territory on those species of migratory birds for which open seasons PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 are now prescribed, and consideration having been given to all other relevant matters presented, certain sections of title 50, chapter I, subchapter B, part 20, subpart K, are hereby amended as set forth below. List of Subjects in 50 CFR Part 20 Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife. Regulations Promulgation Accordingly, part 20, subchapter B, chapter I of title 50 of the Code of Federal Regulations is amended as follows: PART 20—[AMENDED] 1. The authority citation for part 20 continues to read as follows: ■ Authority: Migratory Bird Treaty Act, 40 Stat. 755, 16 U.S.C. 703–712; Fish and Wildlife Act of 1956, 16 U.S.C. 742a–j; Public Law 106–108, 113 Stat. 1491, Note Following 16 U.S.C. 703. (Note: The following hunting regulations provided for by 50 CFR 20.110 will not appear in the Code of Federal Regulations because of their seasonal nature.) 2. Further amend § 20.110, as published on September 1, 2015 (80 FR 52663), by revising paragraphs (a), (b), (f), (l), (o), (t), (x), (y), (aa), and (dd) to read as follows: ■ § 20.110 Seasons, limits, and other regulations for certain Federal Indian reservations, Indian Territory, and ceded lands. * * * * * (a) Colorado River Indian Tribes, Colorado River Indian Reservation, Parker, Arizona (Tribal Members and Nontribal Hunters). Doves Season Dates: Open September 1 through 15, 2015; then open November 7 through December 20, 2015. Daily Bag and Possession Limits: For the early season, daily bag limit is 10 mourning or white-winged doves, singly, or in the aggregate. For the late season, the daily bag limit is 15 mourning doves. Possession limits are twice the daily bag limits after the first day of the season. Ducks (Including Mergansers) Season Dates: Open October 17, 2015, through January 25, 2016. Daily Bag and Possession Limits: Seven ducks, including two hen mallards, two redheads, two Mexican ducks, two goldeneye, two cinnamon teal, three scaup, one canvasback, and E:\FR\FM\25SER4.SGM 25SER4 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations one pintail. The possession limit is twice the daily bag limit. Coots and Common Moorhens Season Dates: Same as ducks. Daily Bag and Possession Limits: 25 coots and common moorhens, singly or in the aggregate. The possession limit is twice the daily bag limit. Geese Season Dates: Open October 18, 2015, through January 19, 2016. Daily Bag and Possession Limits: Three dark (Canada and white-fronted) geese and three white (snow, blue, Ross’s) geese. The possession limit is six dark geese and six white geese. General Conditions: All persons 14 years and older must be in possession of a valid Colorado River Indian Reservation hunting permit before taking any wildlife on tribal lands. Any person transporting game birds off the Colorado River Indian Reservation must have a valid transport declaration form. Other tribal regulations apply, and may be obtained at the Fish and Game Office in Parker, Arizona. The early season will be open from one-half hour before sunrise until noon. For the late season, shooting hours are from one-half hour before sunrise to sunset. (b) Confederated Salish and Kootenai Tribes, Flathead Indian Reservation, Pablo, Montana (Tribal Members and Nontribal Hunters). Tribal Members Only Ducks (Including Mergansers) Season Dates: Open September 2, 2015, through March 9, 2016. Daily Bag and Possession Limits: The Tribe does not have specific bag and possession restrictions for Tribal members. The season on harlequin duck is closed. Coots Season Dates: Same as ducks. Daily Bag and Possession Limits: Same as ducks. Geese Season Dates: Same as ducks. Daily Bag and Possession Limits: Same as ducks. mstockstill on DSK4VPTVN1PROD with RULES4 Nontribal Hunters Ducks (Including Mergansers) Season Dates: Open September 26, 2015, through January 10, 2016. Scaup Season Dates: September 26, 2015, through December 20, 2015. Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, two pintail, three VerDate Sep<11>2014 20:47 Sep 24, 2015 Jkt 235001 scaup (when open), two canvasback, and two redheads. The possession limit is three times the daily bag limit. Coots Season Dates: Same as ducks. Daily Bag and Possession Limits: 25 and 75, respectively. 58161 the Jicarilla Tribe also apply on the reservation. * * * * * (l) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule, South Dakota (Tribal Members and Nontribal Hunters). Tribal Members Geese Ducks, Mergansers, and Coots Dark Geese Season Dates: Open September 26, 2015, through January 10, 2016. Daily Bag and Possession Limits: 4 and 12 geese, respectively. Light Geese Season Dates: Open September 1, 2015, through March 10, 2016. Daily Bag and Possession Limits: Six ducks, including no more five mallards (only two of which may be hens), three scaup, one mottled duck, two redheads, three wood ducks, two canvasback, and two pintail. Coot daily bag limit is 15. Merganser daily bag limit is five, including no more than two hooded mergansers. The possession limit is three times the daily bag limit. Season Dates: Open September 26, 2015, through January 10, 2016. Daily Bag and Possession Limits: 20 and 60 geese, respectively. General Conditions: Tribal and nontribal hunters must comply with all basic Federal migratory bird hunting regulations contained in 50 CFR part 20 regarding manner of taking. In addition, shooting hours are one-half hour before sunrise to one-half hour after sunset, and each waterfowl hunter 16 years of age or older must carry on his/her person a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed in ink across the stamp face. Special regulations established by the Confederated Salish and Kootenai Tribes also apply on the reservation. * * * * * (f) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New Mexico (Tribal Members and Nontribal Hunters). Nontribal Hunters Ducks (Including Mergansers) Ducks (Including Mergansers and Coots) Season Dates: Open October 10 through November 30, 2015. Daily Bag and Possession Limits: The daily bag limit is seven, including no more than two hen mallards, two pintail, two redheads, two canvasback, and three scaup. The possession limit is three times the daily bag limit. Canada Geese Season Dates: Open October 10 through November 30, 2015. Daily Bag and Possession Limits: Two and six, respectively. General Conditions: Tribal and nontribal hunters must comply with all basic Federal migratory bird hunting regulations in 50 CFR part 20 regarding shooting hours and manner of taking. In addition, each waterfowl hunter 16 years of age or older must carry on his/ her person a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed in ink across the stamp face. Special regulations established by PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 Canada Geese Season Dates: Open September 1, 2015, through March 10, 2016. Daily Bag and Possession Limits: 6 and 18, respectively. White-fronted Geese Season Dates: Open September 1, 2015, through March 10, 2016. Daily Bag and Possession Limits: Two and six, respectively. Light Geese Season Dates: Open September 1, 2015, through March 10, 2016. Daily Bag Limit: 20. Season Dates: Open October 10, 2015, through January 14, 2016. Daily Bag and Possession Limits: Six ducks, including five mallards (no more of which can be two hen mallard), three scaup, two canvasback, two redheads, three wood ducks, one mottled duck, and two pintail. Coot daily bag limit is 15. Merganser daily bag limit is five, including no more than two hooded mergansers. The possession limit is three times the daily bag limit. Canada Geese Season Dates: Open October 31, 2015, through February 14, 2016. Daily Bag and Possession Limits: 6 and 18, respectively. White-fronted Geese Season Dates: Open October 31, 2015, through January 26, 2016. Daily Bag and Possession Limits: Two and six, respectively. E:\FR\FM\25SER4.SGM 25SER4 58162 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations Light Geese Season Dates: Open October 31, 2015, through February 14, 2016. Daily Bag and Possession Limits: 50 and no possession limit. General Conditions: All hunters must comply with the basic Federal migratory bird hunting regulations in 50 CFR part 20, including the use of steel shot and shooting hours. Nontribal hunters must possess a validated Migratory Bird Hunting and Conservation Stamp. The Lower Brule Sioux Tribe has an official Conservation Code that hunters must adhere to when hunting in areas subject to control by the Tribe. * * * * * (o) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona (Tribal Members and Nontribal Hunters). Band-tailed Pigeons Season Dates: Open September 1 through 30, 2015. Daily Bag and Possession Limits: 5 and 10 pigeons, respectively. Ducks (including Mergansers and Coots) Season Dates: Open September 27, 2015, through January 10, 2016. mstockstill on DSK4VPTVN1PROD with RULES4 Scaup Season Dates: Open September 27 through December 20, 2015. Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, one mottled duck, two canvasback, three scaup (when open), two redheads, and two pintail. Coot daily bag limit is 25. Merganser daily bag limit is seven. The possession limit is three times the daily bag limit. Canada Geese Season Dates: Open September 27, 2015, through January 10, 2016. Daily Bag and Possession Limits: 4 and 12, respectively. General Conditions: Tribal and nontribal hunters will comply with all basic Federal migratory bird hunting regulations in 50 CFR part 20, regarding shooting hours and manner of taking. In addition, each waterfowl hunter 16 years of age or over must carry on his/ her person a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed in ink across the face. Special regulations established by the Navajo Nation also apply on the reservation. * * * * * 20:47 Sep 24, 2015 Jkt 235001 Daily Bag and Possession Limits: 10 ducks. The possession limit is three times the daily bag limit. Ducks including Scaup Duck Season Dates: Open October 3, 2015, through January 19, 2016. Scaup Season Dates: Open October 3, 2015, through December 27, 2015. Daily Bag and Possession Limits: Seven ducks and mergansers, including no more than two hen mallards, two pintail, three scaup, two canvasback, and two redheads. The possession limit is three times the daily bag limit. Coots Season Dates: Open October 1, 2015, through March 10, 2016. Daily Bag and Possession Limits: 25 coots. The possession limit is three times the daily bag limit. Coots Season Dates: Same as ducks. Daily Bag and Possession Limits: 25 coots. The possession limit is three times the daily bag limit. Common Snipe Season Dates: Same as ducks. Daily Bag and Possession Limits: 8 and 24 snipe, respectively. Canada Geese Season Dates: Open October 3, 2015, through January 19, 2016. Daily Bag and Possession Limits: 4 and 12, respectively. Mourning Doves Season Dates: Open September 1 through 30, 2015. Daily Bag and Possession Limits: 10 and 20 doves, respectively. VerDate Sep<11>2014 (t) Shoshone–Bannock Tribes, Fort Hall Indian Reservation, Fort Hall, Idaho (Nontribal Hunters). White-fronted Geese Season Dates: Open October 3, 2015, through January 19, 2016. Daily Bag and Possession Limits: 10 and 30, respectively. Light Geese Season Dates: Open October 3, 2015, through January 19, 2016. Daily Bag and Possession Limits: 20 and 60, respectively General Conditions: Nontribal hunters must comply with all basic Federal migratory bird hunting regulations in 50 CFR part 20 regarding shooting hours and manner of taking. In addition, each waterfowl hunter 16 years of age or older must possess a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed in ink across the stamp face. Other regulations established by the Shoshone–Bannock Tribes also apply on the reservation. * * * * * (x) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal Members Only). Common Snipe Season Dates: Open October 1, 2015, through March 10, 2016. Daily Bag and Possession Limits: 10 and 30, respectively. Ducks Season Dates: Open October 1, 2015, through March 10, 2016. PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 Geese Season Dates: Open October 1, 2015, through March 10, 2016. Daily Bag and Possession Limits: 6 and 18, respectively. The season on brant is closed. Tribal members hunting on lands will observe all basic Federal migratory bird hunting regulations found in 50 CFR part 20, which will be enforced by the Stillaguamish Tribal Law Enforcement. Tribal members are required to use steel shot or a nontoxic shot as required by Federal regulations. (y) Swinomish Indian Tribal Community, LaConner, Washington (Tribal Members Only). Ceded Territory Ducks and Megansers Season Dates: Open September 26, 2015, through March 1, 2016. Daily Bag and Possession Limits: Fourteen ducks and mergansers, including no more than four hen mallards, four pintail, six scaup, four canvasback, one harlequin per season, and four redheads. Possession limit is three times the daily bag limit (except for harlequin). Canada Geese Season Dates: Open September 26, 2015, through March 1, 2016. Daily Bag and Possession Limits: 8 and 24 geese, respectively. Brant Season Dates: Open September 26, 2015, through February 23, 2016. Daily Bag and Possession Limits: 4 and 12 brant, respectively. Coots Season Dates: Open September 21, 2015, through February 26, 2016. Daily Bag and Possession Limits: 50 and 150 coots, respectively. Swinomish Reservation Ducks and Mergansers Season Dates: Open September 26, 2015, through March 9, 2016. Daily Bag and Possession Limits: Fourteen ducks and mergansers, including no more than four hen mallards, four pintail, six scaup, four canvasback, one harlequin per season, E:\FR\FM\25SER4.SGM 25SER4 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations Brant and four redheads. Possession limit is three times the daily bag limit (except for harlequin). Canada Geese Season Dates: Open September 26, 2015, through March 9, 2016. Daily Bag and Possession Limits: Eight geese. Possession limit is three times the daily bag limit. Brant Season Dates: Open September 26, 2015, through March 9, 2016. Daily Bag and Possession Limits: 4 and 12 brant, respectively. Coots Season Dates: Open September 26, 2015, through March 9, 2016. Daily Bag and Possession Limits: 50 and 150 coots, respectively. * * * * * (aa) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal Members Only). Mourning Doves Season Dates: Open September 1 through December 31, 2015. Daily Bag and Possession Limits: 12 and 15 mourning doves, respectively. Coots Season Dates: Open October 1, 2015, through February 15, 2016. Daily Bag and Possession Limits: 20 and 30, respectively. mstockstill on DSK4VPTVN1PROD with RULES4 Geese Season Dates: Open October 1, 2015, through February 28, 2016. Daily Bag and Possession Limits: 7 and 10 geese, respectively. 20:47 Sep 24, 2015 Jkt 235001 Pintail and Canvasback Season Dates: Open November 1 through 10, 2015. Daily Bag and Possession Limits: Two and two, respectively. General Conditions: Tribal members must have the tribal identification and harvest report card on their person to hunt. Tribal members hunting on the Reservation will observe all basic Federal migratory bird hunting regulations found in 50 CFR part 20, except shooting hours would be 15 minutes before official sunrise to 15 minutes after official sunset. * * * * * (dd) White Mountain Apache Tribe, Fort Apache Indian Reservation, Whiteriver, Arizona (Tribal Members and Nontribal Hunters). Season Dates: Open October 17 through November 29, 2015. Daily Bag Limits: Two pintail and one canvasback. Possession Limits: Twice the daily bag limit. Band-tailed Pigeons (Wildlife Management Unit 10 and Areas South of Y–70 and Y–10 in Wildlife Management Unit 7, only) Season Dates: Open September 1 through 15, 2015. Daily Bag and Possession Limits: Three and six pigeons, respectively. Ducks Season Dates: Open October 1, 2015, through February 28, 2016. Daily Bag and Possession Limits: 15 and 20, respectively. VerDate Sep<11>2014 58163 Mourning Doves (Wildlife Management Unit 10 and Areas South of Y–70 and Y–10 in Wildlife Management Unit 7, only) Season Dates: Open September 1 through 15, 2015. Daily Bag and Possession Limits: 10 and 20 doves, respectively. Ducks and Mergansers Season Dates: Open October 17, 2015, through January 24, 2016. Daily Bag Limits: Seven, including no more than two female mallards and two redhead. The season on scaup is closed. Possession Limits: Twice the daily bag limit. PO 00000 Frm 00007 Fmt 4701 Sfmt 9990 Coots Season Dates: Open October 17, 2015, through January 24, 2016. Daily Bag and Possession Limits: 25 and 50, respectively. Canada Geese Season Dates: Open October 18, 2015, through January 24, 2016. Daily Bag and Possession Limits: Three and six Canada geese, respectively. General Conditions: All nontribal hunters hunting band-tailed pigeons and mourning doves on Reservation lands shall have in their possession a valid White Mountain Apache Daily or Yearly Small Game Permit. In addition to a small game permit, all nontribal hunters hunting band-tailed pigeons must have in their possession a White Mountain Special Band-tailed Pigeon Permit. Other special regulations established by the White Mountain Apache Tribe apply on the reservation. Tribal and nontribal hunters will comply with all basic Federal migratory bird hunting regulations in 50 CFR part 20 regarding shooting hours and manner of taking. * * * * * Dated: September 4, 2015. Michael J. Bean, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2015–24162 Filed 9–24–15; 8:45 am] BILLING CODE 4310–55–P E:\FR\FM\25SER4.SGM 25SER4

Agencies

[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Rules and Regulations]
[Pages 58157-58163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24162]



[[Page 58157]]

Vol. 80

Friday,

No. 186

September 25, 2015

Part VI





Department of the Interior





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 Fish and Wildlife Service





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50 CFR Part 20





Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain 
Federal Indian Reservations and Ceded Lands for the 2015-16 Late 
Season; Final Rule

Federal Register / Vol. 80 , No. 186 / Friday, September 25, 2015 / 
Rules and Regulations

[[Page 58158]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[Docket No. FWS-HQ- MB-2014-0064; FF09M21200-156-FXMB1231099BPP0]
RIN 1018-BA67


Migratory Bird Hunting; Migratory Bird Hunting Regulations on 
Certain Federal Indian Reservations and Ceded Lands for the 2015-16 
Late Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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

DATES: This rule takes effect on September 26, 2015.

ADDRESSES: You may inspect comments received on the special hunting 
regulations and Tribal proposals during normal business hours at U.S. 
Fish and Wildlife Headquarters, 5275 Leesburg Pike, Falls Church, VA 
22041-3803, or at http://www.regulations.gov at Docket No. FWS-HQ-MB-
2014-0064.

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: 

Background

    The Migratory Bird Treaty Act of July 3, 1918 (16 U.S.C. 703 et 
seq.), authorizes and directs the Secretary of the Department of the 
Interior, having due regard for the zones of temperature and for the 
distribution, abundance, economic value, breeding habits, and times and 
lines of flight of migratory game birds, to determine when, to what 
extent, and by what means such birds or any part, nest, or egg thereof 
may be taken, hunted, captured, killed, possessed, sold, purchased, 
shipped, carried, exported, or transported.
    In the August 4, 2015, Federal Register (80 FR 46218), we proposed 
special migratory bird hunting regulations for the 2015-16 hunting 
season for certain Indian tribes, under the guidelines described in the 
June 4, 1985, Federal Register (50 FR 23467). The guidelines respond to 
tribal requests for Service recognition of their reserved hunting 
rights, and for some tribes, recognition of their authority to regulate 
hunting by both tribal members and nonmembers on their reservations. 
The guidelines include possibilities for:
    (1) On-reservation hunting by both tribal members and nonmembers, 
with hunting by nontribal members on some reservations to take place 
within Federal frameworks but on dates different from those selected by 
the surrounding State(s);
    (2) On-reservation hunting by tribal members only, outside of usual 
Federal frameworks for season dates and length, and for daily bag and 
possession limits; and
    (3) Off-reservation hunting by tribal members on ceded lands, 
outside of usual framework dates and season length, with some added 
flexibility in daily bag and possession limits.
    In all cases, the regulations established under the guidelines must 
be consistent with the March 10-September 1 closed season mandated by 
the 1916 Migratory Bird Treaty with Canada.
    In the April 13, 2015, Federal Register (80 FR 19852), we requested 
that tribes desiring special hunting regulations in the 2015-16 hunting 
season submit a proposal including details on:
    (1) Harvest anticipated under the requested regulations;
    (2) Methods that would be employed to measure or monitor harvest 
(such as bag checks, mail questionnaires, etc.);
    (3) Steps that would be taken to limit level of harvest, where it 
could be shown that failure to limit such harvest would adversely 
impact the migratory bird resource; and
    (4) Tribal capabilities to establish and enforce migratory bird 
hunting regulations.
    No action is required if a tribe wishes to observe the hunting 
regulations established by the State(s) in which an Indian reservation 
is located. We have successfully used the guidelines since the 1985-86 
hunting season. We finalized the guidelines beginning with the 1988-89 
hunting season (August 18, 1988, Federal Register [53 FR 31612]).
    Although the August 4 proposed rule included generalized 
regulations for both early- and late-season hunting, this rulemaking 
addresses only the late-season proposals. Early-season proposals were 
addressed in a final rule published in the September 1, 2015, Federal 
Register (80 FR 52663). As a general rule, early seasons begin during 
September each year and have a primary emphasis on such species as 
mourning and white-winged dove. Late seasons begin about September 24 
or later each year and have a primary emphasis on waterfowl. All the 
regulations contained in this final rule were either submitted by the 
tribes or approved by the tribes and follow our proposals in the August 
4 proposed rule.

Status of Populations

    Information on the status of waterfowl and information on the 
status and harvest of migratory shore and upland game birds, including 
detailed information on methodologies and results, is available at the 
address indicated under FOR FURTHER INFORMATION CONTACT or from our Web 
site at http://www.fws.gov/migratorybirds/NewsPublicationsReports.html.

Comments and Issues Concerning Tribal Proposals

    For the 2015-16 migratory bird hunting season, we proposed 
regulations for 31 tribes or Indian groups that followed the 1985 
guidelines and were considered appropriate for final rulemaking. Some 
of the proposals submitted by the tribes had both early- and late-
season elements. However, as noted earlier, only those with late-season 
proposals are included in this final rulemaking; 10 tribes have 
proposals with late seasons. We also noted in the August 4 proposed 
rule (80 FR 46218) that we were proposing seasons for seven Tribes who 
have submitted proposals in past years but from whom we had not yet 
received proposals this year. We did not receive proposals from five of 
those Tribes and, therefore, have not included them in this final rule.
    The comment period for the August 4 proposed rule closed on August 
14, 2015. We received three comments on our August 4 proposed rule, 
which announced proposed seasons for migratory bird hunting by American 
Indian Tribes. We responded to all three comments in the September 1, 
2015, final rule.

National Environmental Policy Act (NEPA)

    The programmatic document, ``Second Final Supplemental 
Environmental Impact Statement: Issuance of Annual Regulations 
Permitting the Sport Hunting of Migratory Birds (EIS 20130139),'' filed 
with the Environmental Protection

[[Page 58159]]

Agency (EPA) on May 24, 2013, addresses NEPA compliance by the Service 
for issuance of the annual framework regulations for hunting of 
migratory game bird species. We published a notice of availability in 
the Federal Register on May 31, 2013 (78 FR 32686), and our Record of 
Decision on July 26, 2013 (78 FR 45376). We also address NEPA 
compliance for waterfowl hunting frameworks through the annual 
preparation of separate environmental assessments, the most recent 
being ``Duck Hunting Regulations for 2015-16,'' with its corresponding 
August 2015 finding of no significant impact. In addition, an August 
1985 environmental assessment entitled ``Guidelines for Migratory Bird 
Hunting Regulations on Federal Indian Reservations and Ceded Lands'' is 
available from the person indicated under the caption FOR FURTHER 
INFORMATION CONTACT.

Endangered Species Act Consideration

    Section 7 of the Endangered Species Act of 1973, as amended (16 
U.S.C. 1531 et seq.), provides that, ``The Secretary shall review other 
programs administered by him and utilize such programs in furtherance 
of the purposes of this Act'' (and) shall ``insure that any action 
authorized, funded, or carried out . . . is not likely to jeopardize 
the continued existence of any endangered species or threatened species 
or result in the destruction or adverse modification of [critical] 
habitat. . . . .'' Consequently, we conducted formal consultations to 
ensure that actions resulting from these regulations would not likely 
jeopardize the continued existence of endangered or threatened species 
or result in the destruction or adverse modification of their critical 
habitat. Findings from these consultations are included in a biological 
opinion, which concluded that the regulations are not likely to 
jeopardize the continued existence of any endangered or threatened 
species. Additionally, these findings may have caused modification of 
some regulatory measures previously proposed, and the final rule 
reflects any such modifications. Our biological opinions resulting from 
this section 7 consultation are public documents available for public 
inspection at the address indicated under ADDRESSES.

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) will review all significant rules. OIRA has 
reviewed this rule and has determined that this rule is significant 
because it would have an annual effect of $100 million or more on the 
economy.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.
    An updated economic analysis was prepared for the 2013-14 season. 
This analysis was based on data from the newly released 2011 National 
Hunting and Fishing Survey, the most recent year for which data are 
available (see discussion in Regulatory Flexibility Act section, 
below). This analysis estimated consumer surplus for three alternatives 
for duck hunting (estimates for other species are not quantified due to 
lack of data). The alternatives were: (1) Issue restrictive regulations 
allowing fewer days than those issued during the 2012-13 season, (2) 
issue moderate regulations allowing more days than those in alternative 
1, and (3) issue liberal regulations identical to the regulations in 
the 2012-13 season. For the 2013-14 season, we chose Alternative 3, 
with an estimated consumer surplus across all flyways of $317.8-$416.8 
million. For the 2015-16 season, we have also chosen alternative 3. We 
also chose alternative 3 for the 2009-10, the 2010-11, the 2011-12, the 
2012-13, and the 2014-15 seasons. The 2013-14 analysis is part of the 
record for this rule and is available at http://www.regulations.gov at 
Docket No. FWS-HQ-MB-2014-0064.

Regulatory Flexibility Act

    The annual migratory bird hunting regulations have a significant 
economic impact on substantial numbers of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). We analyzed the 
economic impacts of the annual hunting regulations on small business 
entities in detail as part of the 1981 cost-benefit analysis. This 
analysis was revised annually from 1990-95. In 1995, the Service issued 
a Small Entity Flexibility Analysis (Analysis), which was subsequently 
updated in 1996, 1998, 2004, 2008, and 2013. The primary source of 
information about hunter expenditures for migratory game bird hunting 
is the National Hunting and Fishing Survey, which is conducted at 5-
year intervals. The 2013 Analysis was based on the 2011 National 
Hunting and Fishing Survey and the U.S. Department of Commerce's County 
Business Patterns, from which it was estimated that migratory bird 
hunters would spend approximately $1.5 billion at small businesses in 
2013. Copies of the Analysis are available upon request from the 
Division of Migratory Bird Management (see FOR FURTHER INFORMATION 
CONTACT) or from our Web site at http://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or 
at http://www.regulations.gov at Docket No. FWS-HQ-MB-2014-0064.

Small Business Regulatory Enforcement Fairness Act

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

Paperwork Reduction Act

    This final rule does not contain any new information collection 
requirements that require approval under the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.). We may not conduct or sponsor and you 
are not required to respond to a collection of information unless it 
displays a currently valid Office of Management and Budget (OMB) 
control number. OMB has reviewed and approved the information 
collection requirements associated with migratory bird surveys and 
assigned the following OMB control numbers:
     1018-0019--North American Woodcock Singing Ground Survey 
(expires 5/31/2018).
     1018-0023--Migratory Bird Surveys (expires 6/30/2017). 
Includes Migratory Bird Harvest Information Program, Migratory Bird 
Hunter Surveys, Sandhill Crane Survey, and Parts Collection Survey.

Unfunded Mandates Reform Act

    We have determined and certify, in compliance with the requirements 
of the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this 
rulemaking

[[Page 58160]]

will not impose a cost of $100 million or more in any given year on 
local or State government or private entities. Therefore, this rule is 
not a ``significant regulatory action'' under the Unfunded Mandates 
Reform Act.

Civil Justice Reform--Executive Order 12988

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

Takings Implication Assessment

    In accordance with Executive Order 12630, this rule, authorized by 
the Migratory Bird Treaty Act (16 U.S.C. 703-711), does not have 
significant takings implications and does not affect any 
constitutionally protected property rights. This rule will not result 
in the physical occupancy of property, the physical invasion of 
property, or the regulatory taking of any property. In fact, this rule 
allows hunters to exercise otherwise unavailable privileges and, 
therefore, reduces restrictions on the use of private and public 
property.

Energy Effects--Executive Order 13211

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

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we 
have evaluated possible effects on Federally recognized Indian tribes 
and have determined that there are no effects on Indian trust 
resources. However, in the April 13, 2015, Federal Register, we 
solicited proposals for special migratory bird hunting regulations for 
certain Tribes on Federal Indian reservations, off-reservation trust 
lands, and ceded lands for the 2015-16 migratory bird hunting season. 
The resulting proposals were contained in a separate August 4, 2015, 
proposed rule (80 FR 46218). By virtue of these actions, we have 
consulted with affected Tribes.

Federalism Effects

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

Regulations Promulgation

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

List of Subjects in 50 CFR Part 20

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

Regulations Promulgation

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

PART 20--[AMENDED]

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


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

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


0
2. Further amend Sec.  20.110, as published on September 1, 2015 (80 FR 
52663), by revising paragraphs (a), (b), (f), (l), (o), (t), (x), (y), 
(aa), and (dd) to read as follows:


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

* * * * *
    (a) Colorado River Indian Tribes, Colorado River Indian 
Reservation, Parker, Arizona (Tribal Members and Nontribal Hunters).
Doves
    Season Dates: Open September 1 through 15, 2015; then open November 
7 through December 20, 2015.
    Daily Bag and Possession Limits: For the early season, daily bag 
limit is 10 mourning or white-winged doves, singly, or in the 
aggregate. For the late season, the daily bag limit is 15 mourning 
doves. Possession limits are twice the daily bag limits after the first 
day of the season.
Ducks (Including Mergansers)
    Season Dates: Open October 17, 2015, through January 25, 2016.
    Daily Bag and Possession Limits: Seven ducks, including two hen 
mallards, two redheads, two Mexican ducks, two goldeneye, two cinnamon 
teal, three scaup, one canvasback, and

[[Page 58161]]

one pintail. The possession limit is twice the daily bag limit.
Coots and Common Moorhens
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots and common moorhens, 
singly or in the aggregate. The possession limit is twice the daily bag 
limit.
Geese
    Season Dates: Open October 18, 2015, through January 19, 2016.
    Daily Bag and Possession Limits: Three dark (Canada and white-
fronted) geese and three white (snow, blue, Ross's) geese. The 
possession limit is six dark geese and six white geese.
    General Conditions: All persons 14 years and older must be in 
possession of a valid Colorado River Indian Reservation hunting permit 
before taking any wildlife on tribal lands. Any person transporting 
game birds off the Colorado River Indian Reservation must have a valid 
transport declaration form. Other tribal regulations apply, and may be 
obtained at the Fish and Game Office in Parker, Arizona. The early 
season will be open from one-half hour before sunrise until noon. For 
the late season, shooting hours are from one-half hour before sunrise 
to sunset.
    (b) Confederated Salish and Kootenai Tribes, Flathead Indian 
Reservation, Pablo, Montana (Tribal Members and Nontribal Hunters).
Tribal Members Only
Ducks (Including Mergansers)
    Season Dates: Open September 2, 2015, through March 9, 2016.
    Daily Bag and Possession Limits: The Tribe does not have specific 
bag and possession restrictions for Tribal members. The season on 
harlequin duck is closed.
Coots
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: Same as ducks.
Geese
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: Same as ducks.
Nontribal Hunters
Ducks (Including Mergansers)
    Season Dates: Open September 26, 2015, through January 10, 2016.
Scaup
    Season Dates: September 26, 2015, through December 20, 2015.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, two pintail, three scaup (when open), two 
canvasback, and two redheads. The possession limit is three times the 
daily bag limit.
Coots
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 and 75, respectively.
Geese
Dark Geese
    Season Dates: Open September 26, 2015, through January 10, 2016.
    Daily Bag and Possession Limits: 4 and 12 geese, respectively.
Light Geese
    Season Dates: Open September 26, 2015, through January 10, 2016.
    Daily Bag and Possession Limits: 20 and 60 geese, respectively.
    General Conditions: Tribal and nontribal hunters must comply with 
all basic Federal migratory bird hunting regulations contained in 50 
CFR part 20 regarding manner of taking. In addition, shooting hours are 
one-half hour before sunrise to one-half hour after sunset, and each 
waterfowl hunter 16 years of age or older must carry on his/her person 
a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) 
signed in ink across the stamp face. Special regulations established by 
the Confederated Salish and Kootenai Tribes also apply on the 
reservation.
* * * * *
    (f) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, 
New Mexico (Tribal Members and Nontribal Hunters).
Ducks (Including Mergansers)
    Season Dates: Open October 10 through November 30, 2015.
    Daily Bag and Possession Limits: The daily bag limit is seven, 
including no more than two hen mallards, two pintail, two redheads, two 
canvasback, and three scaup. The possession limit is three times the 
daily bag limit.
Canada Geese
    Season Dates: Open October 10 through November 30, 2015.
    Daily Bag and Possession Limits: Two and six, respectively.
    General Conditions: Tribal and nontribal hunters must comply with 
all basic Federal migratory bird hunting regulations in 50 CFR part 20 
regarding shooting hours and manner of taking. In addition, each 
waterfowl hunter 16 years of age or older must carry on his/her person 
a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) 
signed in ink across the stamp face. Special regulations established by 
the Jicarilla Tribe also apply on the reservation.
* * * * *
    (l) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule, 
South Dakota (Tribal Members and Nontribal Hunters).
Tribal Members
Ducks, Mergansers, and Coots
    Season Dates: Open September 1, 2015, through March 10, 2016.
    Daily Bag and Possession Limits: Six ducks, including no more five 
mallards (only two of which may be hens), three scaup, one mottled 
duck, two redheads, three wood ducks, two canvasback, and two pintail. 
Coot daily bag limit is 15. Merganser daily bag limit is five, 
including no more than two hooded mergansers. The possession limit is 
three times the daily bag limit.
Canada Geese
    Season Dates: Open September 1, 2015, through March 10, 2016.
    Daily Bag and Possession Limits: 6 and 18, respectively.
White-fronted Geese
    Season Dates: Open September 1, 2015, through March 10, 2016.
    Daily Bag and Possession Limits: Two and six, respectively.
Light Geese
    Season Dates: Open September 1, 2015, through March 10, 2016.
    Daily Bag Limit: 20.
Nontribal Hunters
Ducks (Including Mergansers and Coots)
    Season Dates: Open October 10, 2015, through January 14, 2016.
    Daily Bag and Possession Limits: Six ducks, including five mallards 
(no more of which can be two hen mallard), three scaup, two canvasback, 
two redheads, three wood ducks, one mottled duck, and two pintail. Coot 
daily bag limit is 15. Merganser daily bag limit is five, including no 
more than two hooded mergansers. The possession limit is three times 
the daily bag limit.
Canada Geese
    Season Dates: Open October 31, 2015, through February 14, 2016.
    Daily Bag and Possession Limits: 6 and 18, respectively.
White-fronted Geese
    Season Dates: Open October 31, 2015, through January 26, 2016.
    Daily Bag and Possession Limits: Two and six, respectively.

[[Page 58162]]

Light Geese
    Season Dates: Open October 31, 2015, through February 14, 2016.
    Daily Bag and Possession Limits: 50 and no possession limit.
    General Conditions: All hunters must comply with the basic Federal 
migratory bird hunting regulations in 50 CFR part 20, including the use 
of steel shot and shooting hours. Nontribal hunters must possess a 
validated Migratory Bird Hunting and Conservation Stamp. The Lower 
Brule Sioux Tribe has an official Conservation Code that hunters must 
adhere to when hunting in areas subject to control by the Tribe.
* * * * *
    (o) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona 
(Tribal Members and Nontribal Hunters).
Band-tailed Pigeons
    Season Dates: Open September 1 through 30, 2015.
    Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
    Season Dates: Open September 1 through 30, 2015.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Ducks (including Mergansers and Coots)
    Season Dates: Open September 27, 2015, through January 10, 2016.
Scaup
    Season Dates: Open September 27 through December 20, 2015.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one mottled duck, two canvasback, three scaup 
(when open), two redheads, and two pintail. Coot daily bag limit is 25. 
Merganser daily bag limit is seven. The possession limit is three times 
the daily bag limit.
Canada Geese
    Season Dates: Open September 27, 2015, through January 10, 2016.
    Daily Bag and Possession Limits: 4 and 12, respectively.
    General Conditions: Tribal and nontribal hunters will comply with 
all basic Federal migratory bird hunting regulations in 50 CFR part 20, 
regarding shooting hours and manner of taking. In addition, each 
waterfowl hunter 16 years of age or over must carry on his/her person a 
valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed 
in ink across the face. Special regulations established by the Navajo 
Nation also apply on the reservation.
* * * * *
    (t) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort 
Hall, Idaho (Nontribal Hunters).
Ducks including Scaup
    Duck Season Dates: Open October 3, 2015, through January 19, 2016.
    Scaup Season Dates: Open October 3, 2015, through December 27, 
2015.
    Daily Bag and Possession Limits: Seven ducks and mergansers, 
including no more than two hen mallards, two pintail, three scaup, two 
canvasback, and two redheads. The possession limit is three times the 
daily bag limit.
Coots
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots. The possession limit is 
three times the daily bag limit.
Common Snipe
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 8 and 24 snipe, respectively.
Canada Geese
    Season Dates: Open October 3, 2015, through January 19, 2016.
    Daily Bag and Possession Limits: 4 and 12, respectively.
White-fronted Geese
    Season Dates: Open October 3, 2015, through January 19, 2016.
    Daily Bag and Possession Limits: 10 and 30, respectively.
Light Geese
    Season Dates: Open October 3, 2015, through January 19, 2016.
    Daily Bag and Possession Limits: 20 and 60, respectively
    General Conditions: Nontribal hunters must comply with all basic 
Federal migratory bird hunting regulations in 50 CFR part 20 regarding 
shooting hours and manner of taking. In addition, each waterfowl hunter 
16 years of age or older must possess a valid Migratory Bird Hunting 
and Conservation Stamp (Duck Stamp) signed in ink across the stamp 
face. Other regulations established by the Shoshone-Bannock Tribes also 
apply on the reservation.
* * * * *
    (x) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal 
Members Only).
Common Snipe
    Season Dates: Open October 1, 2015, through March 10, 2016.
    Daily Bag and Possession Limits: 10 and 30, respectively.
Ducks
    Season Dates: Open October 1, 2015, through March 10, 2016.
    Daily Bag and Possession Limits: 10 ducks. The possession limit is 
three times the daily bag limit.
Coots
    Season Dates: Open October 1, 2015, through March 10, 2016.
    Daily Bag and Possession Limits: 25 coots. The possession limit is 
three times the daily bag limit.
Geese
    Season Dates: Open October 1, 2015, through March 10, 2016.
    Daily Bag and Possession Limits: 6 and 18, respectively. The season 
on brant is closed.
    Tribal members hunting on lands will observe all basic Federal 
migratory bird hunting regulations found in 50 CFR part 20, which will 
be enforced by the Stillaguamish Tribal Law Enforcement. Tribal members 
are required to use steel shot or a nontoxic shot as required by 
Federal regulations.
    (y) Swinomish Indian Tribal Community, LaConner, Washington (Tribal 
Members Only).
Ceded Territory
Ducks and Megansers
    Season Dates: Open September 26, 2015, through March 1, 2016.
    Daily Bag and Possession Limits: Fourteen ducks and mergansers, 
including no more than four hen mallards, four pintail, six scaup, four 
canvasback, one harlequin per season, and four redheads. Possession 
limit is three times the daily bag limit (except for harlequin).
Canada Geese
    Season Dates: Open September 26, 2015, through March 1, 2016.
    Daily Bag and Possession Limits: 8 and 24 geese, respectively.
Brant
    Season Dates: Open September 26, 2015, through February 23, 2016.
    Daily Bag and Possession Limits: 4 and 12 brant, respectively.
Coots
    Season Dates: Open September 21, 2015, through February 26, 2016.
    Daily Bag and Possession Limits: 50 and 150 coots, respectively.
Swinomish Reservation
Ducks and Mergansers
    Season Dates: Open September 26, 2015, through March 9, 2016.
    Daily Bag and Possession Limits: Fourteen ducks and mergansers, 
including no more than four hen mallards, four pintail, six scaup, four 
canvasback, one harlequin per season,

[[Page 58163]]

and four redheads. Possession limit is three times the daily bag limit 
(except for harlequin).
Canada Geese
    Season Dates: Open September 26, 2015, through March 9, 2016.
    Daily Bag and Possession Limits: Eight geese. Possession limit is 
three times the daily bag limit.
Brant
    Season Dates: Open September 26, 2015, through March 9, 2016.
    Daily Bag and Possession Limits: 4 and 12 brant, respectively.
Coots
    Season Dates: Open September 26, 2015, through March 9, 2016.
    Daily Bag and Possession Limits: 50 and 150 coots, respectively.
* * * * *
    (aa) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal 
Members Only).
Mourning Doves
    Season Dates: Open September 1 through December 31, 2015.
    Daily Bag and Possession Limits: 12 and 15 mourning doves, 
respectively.
Ducks
    Season Dates: Open October 1, 2015, through February 28, 2016.
    Daily Bag and Possession Limits: 15 and 20, respectively.
Coots
    Season Dates: Open October 1, 2015, through February 15, 2016.
    Daily Bag and Possession Limits: 20 and 30, respectively.
Geese
    Season Dates: Open October 1, 2015, through February 28, 2016.
    Daily Bag and Possession Limits: 7 and 10 geese, respectively.
Brant
    Season Dates: Open November 1 through 10, 2015.
    Daily Bag and Possession Limits: Two and two, respectively.
    General Conditions: Tribal members must have the tribal 
identification and harvest report card on their person to hunt. Tribal 
members hunting on the Reservation will observe all basic Federal 
migratory bird hunting regulations found in 50 CFR part 20, except 
shooting hours would be 15 minutes before official sunrise to 15 
minutes after official sunset.
* * * * *
    (dd) White Mountain Apache Tribe, Fort Apache Indian Reservation, 
Whiteriver, Arizona (Tribal Members and Nontribal Hunters).
Band-tailed Pigeons (Wildlife Management Unit 10 and Areas South of Y-
70 and Y-10 in Wildlife Management Unit 7, only)
    Season Dates: Open September 1 through 15, 2015.
    Daily Bag and Possession Limits: Three and six pigeons, 
respectively.
Mourning Doves (Wildlife Management Unit 10 and Areas South of Y-70 and 
Y-10 in Wildlife Management Unit 7, only)
    Season Dates: Open September 1 through 15, 2015.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Ducks and Mergansers
    Season Dates: Open October 17, 2015, through January 24, 2016.
    Daily Bag Limits: Seven, including no more than two female mallards 
and two redhead. The season on scaup is closed.
    Possession Limits: Twice the daily bag limit.
Pintail and Canvasback
    Season Dates: Open October 17 through November 29, 2015.
    Daily Bag Limits: Two pintail and one canvasback.
    Possession Limits: Twice the daily bag limit.
Coots
    Season Dates: Open October 17, 2015, through January 24, 2016.
    Daily Bag and Possession Limits: 25 and 50, respectively.
Canada Geese
    Season Dates: Open October 18, 2015, through January 24, 2016.
    Daily Bag and Possession Limits: Three and six Canada geese, 
respectively.
    General Conditions: All nontribal hunters hunting band-tailed 
pigeons and mourning doves on Reservation lands shall have in their 
possession a valid White Mountain Apache Daily or Yearly Small Game 
Permit. In addition to a small game permit, all nontribal hunters 
hunting band-tailed pigeons must have in their possession a White 
Mountain Special Band-tailed Pigeon Permit. Other special regulations 
established by the White Mountain Apache Tribe apply on the 
reservation. Tribal and nontribal hunters will comply with all basic 
Federal migratory bird hunting regulations in 50 CFR part 20 regarding 
shooting hours and manner of taking.
* * * * *

    Dated: September 4, 2015.
Michael J. Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2015-24162 Filed 9-24-15; 8:45 am]
 BILLING CODE 4310-55-P