Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2016-17 Season, 34225-34240 [2016-12576]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 81, Number 103 (Friday, May 27, 2016)]
[Proposed Rules]
[Pages 34225-34240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12576]



[[Page 34225]]

Vol. 81

Friday,

No. 103

May 27, 2016

Part V





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 2016-17 
Season; Proposed Rule

Federal Register / Vol. 81 , No. 103 / Friday, May 27, 2016 / 
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[Docket No. FWS-HQ-MB-2015-0034; FF09M21200-167-FXMB1231099BPP0]
RIN 1018-BA70


Migratory Bird Hunting; Proposed Migratory Bird Hunting 
Regulations on Certain Federal Indian Reservations and Ceded Lands for 
the 2016-17 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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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 2016-17 migratory bird hunting season.

DATES: You must submit comments on the proposed regulations by June 27, 
2016.

ADDRESSES: Comments: 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-2015-0034.
     U.S. mail or hand delivery: Public Comments Processing, 
Attn: FWS-HQ-MB-2015-0034; Division of Policy, Performance, and 
Management Programs; U.S. Fish and Wildlife Service; 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 Public Comments, 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: As part of DOI's retrospective regulatory 
review, we developed a schedule for migratory game bird hunting 
regulations that is more efficient and will provide dates much earlier 
than was possible under the old process. This will facilitate planning 
for the States and all parties interested in migratory bird hunting. 
Beginning with the 2016-17 hunting season, we are using a new schedule 
for establishing our annual migratory game bird hunting regulations. We 
will combine the current early- and late-season regulatory actions into 
a single process, based on predictions derived from long-term 
biological information and harvest strategies, to establish migratory 
bird hunting seasons much earlier than the system we have used for many 
years. Under the new process, we will develop proposed hunting season 
frameworks for a given year in the fall of the prior year. We will 
finalize those frameworks a few months later, thereby enabling the 
State agencies to select and publish their season dates in early 
summer. This rulemaking is part of that process.
    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

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evaluation of information obtained by the Tribes.
    The guidelines provide appropriate opportunity to accommodate the 
reserved hunting rights and management authority of Indian Tribes while 
ensuring that the migratory bird resource receives necessary 
protection. The conservation of this important international resource 
is paramount. Further, the guidelines should not be viewed as 
inflexible. In this regard, we note that they have been employed 
successfully since 1985. 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.

Regulations Schedule for 2016

    On August 6, 2015, we published in the Federal Register (80 FR 
47388) a proposal to amend 50 CFR part 20. The proposal provided a 
background and overview of the migratory bird hunting regulations 
process, and addressed the establishment of seasons, limits, and other 
regulations for hunting migratory game birds under Sec. Sec.  20.101 
through 20.107, 20.109, and 20.110 of subpart K. Major steps in the 
2016-17 regulatory cycle relating to open public meetings and Federal 
Register notifications were also identified in the August 6, 2015, 
proposed rule.
    The August 6 proposed rule also provided detailed information on 
the proposed 2016-17 regulatory schedule and announced the Service 
Regulations Committee (SRC) and Flyway Council meetings.
    On October 20-21, 2015, we held open meetings with the Flyway 
Council Consultants, at which the participants reviewed information on 
the current status of migratory game birds and developed 
recommendations for the 2016-17 regulations for these species.
    On December 11, 2015, we published in the Federal Register (80 FR 
77088) the proposed frameworks for the 2016-17 season migratory bird 
hunting regulations. On March 28, 2016, we published in the Federal 
Register (81 FR 17302) a final rule that contained final frameworks for 
migratory bird hunting seasons from which wildlife conservation agency 
officials from the States, Puerto Rico, the Virgin Islands, and the 
Tribes will select hunting dates, hours, areas, and limits. We will 
publish a subsequent final rule in late May amending subpart K of title 
50 CFR part 20 to set hunting seasons, hours, areas, and limits for the 
2016-17 hunting seasons.

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 21, 2015, 
Federal Register (80 FR 43266). 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 2016-17 hunting season, we received requests from 23 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.
    The proposed frameworks for flyway regulations were published in 
the Federal Register on December 11, 2015 (80 FR 77088), and the final 
frameworks published on March 28, 2016 (81 FR 17302). We notified 
affected Tribes of season dates, bag limits, etc., of the final 
frameworks. 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 
30 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.
    We have yet to hear from the Colorado River Indian Tribes. The 
Tribes usually request a split dove season, with the early season 
beginning on September 1 and ending on September 15, 2016. Daily bag 
limits would be 15 mourning or white-winged doves in the aggregate, of 
which no more than 10 may be white-winged dove. Possession limit would 
be 45, of which no more than 30 may be white-winged dove. The Tribes 
usually request the late season for doves to open November 7 and close 
December 20, 2016. The daily bag limit would be 15 mourning doves. The 
possession limit would be 45. 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 usually propose duck hunting seasons. The season 
would usually open October 17, 2016, and close January 25, 2017. The 
Tribes usually 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 usually propose a 
season of October 18, 2016, through January 19, 2017. 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 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 Hunting and Conservation 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 2016-17 hunting season, if the seasons'

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dates fall within final flyway frameworks (applies to nontribal hunters 
only) and upon receipt of their proposal.

(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 one-half hour before sunrise to one-half hour 
after 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, 2016, through March 9, 2017. 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 2016-17 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, 2016, 
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 2016-17 is essentially the same as that 
approved last year. The proposed 2016-17 waterfowl hunting season 
regulations for Fond du Lac are as follows:

Ducks

A. 1854 and 1837 Ceded Territories

    Season Dates: Begin September 10 and end November 30, 2016.
    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 30, 2016.
    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 10 and end November 30, 2016.
    Daily Bag Limit: 15 mergansers, including no more than 6 hooded 
mergansers.

B. Reservation

    Season Dates: Begin September 1 and end November 30, 2016.
    Daily Bag Limit: 10 mergansers, including no more than 4 hooded 
mergansers.

Canada Geese

A. 1854 and 1837 Ceded Territories

    Season Dates: Begin September 1 and end November 30, 2016.
    Daily Bag Limit: 20 geese.

B. Reservation:

    Season Dates: Begin September 1 and end November 30, 2016.
    Daily Bag Limit: 20 geese.

Sandhill Cranes

1854 and 1837 Ceded Territories Only

    Season Dates: Begin September 1 and end November 30, 2016.
    Daily Bag Limit: Two sandhill cranes. 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 10 and end November 30, 2016.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.

B. Reservation

    Season Dates: Begin September 1 and end November 30, 2016.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.

Sora and Virginia Rails

All Areas

    Season Dates: Begin September 1 and end November 30, 2016.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate.

Snipe

All Areas

    Season Dates: Begin September 1 and end November 30, 2016.
    Daily Bag Limit: Eight snipe.

Woodcock

All Areas

    Season Dates: Begin September 1 and end November 30, 2016.
    Daily Bag Limit: Three woodcock.

Mourning Dove

All Areas

    Season Dates: Begin September 1 and end November 30, 2016.
    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 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

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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 2016-17 season, the Tribe requests that the tribal member 
duck season run from September 1, 2016, through January 15, 2017. A 
daily bag limit of 25 would include no more than 6 pintail, 4 
canvasback, 3 hooded merganser, 6 black ducks, 6 wood ducks, 5 
redheads, and 12 mallards (only 6 of which may be hens).
    For Canada and snow geese, the Tribe proposes a September 1, 2016, 
through January 31, 2017, season. For white-fronted geese and brant, 
the Tribe proposes a September 20 through December 30, 2016, 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, 
2016, 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, 2016, season. The daily bag limit would be 10 per 
species.
    For sandhill crane, the Tribe proposes a September 1 through 
November 14, 2016, season. The daily bag limit would be two birds and a 
season limit of six birds.
    Shooting hours would be from one-half hour before sunrise to one-
half hour after sunset. 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 2016-17 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 2016, 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 2016 proposal has four changes from regulations approved 
last season. In the 1837 and 1842 Treaty Areas, the GLIFWC proposal 
would allow the use of electronic calls for any open season under a 
limited and experimental design with up to only 50 Tribal hunters to 
obtain permits and use electronic calls during any open season. In 
addition to obtaining a special permit, the Tribal hunter would be 
required to complete and submit a hunt diary for each hunt where 
electronic calls were used. In addition, GLIFWC would also like to 
develop regulations for night hunting of waterfowl, baiting of 
waterfowl, and trapping migratory birds.
    GLIFWC states that the proposed regulatory changes are intended to 
increase the subsistence opportunities for tribal migratory bird 
hunters and

[[Page 34230]]

provide opportunities for more efficient harvesting. Under GLIFWC's 
proposed regulations, GLIFWC expects total ceded territory harvest to 
be approximately 2,000 to 3,000 ducks, 400 to 600 geese, 20 sandhill 
cranes, and 20 swans, which, with the exception of ducks, 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, 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. Two sandhill cranes were reported 
harvested in each of the first three Tribal sandhill crane seasons, and 
no swans were harvested in 2014. 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 
allowing the use of electronic calls at this time for tribal waterfowl 
seasons on ceded lands in Wisconsin, Michigan, and Minnesota for the 
2016-17 season is in the best interest of the conservation of migratory 
birds. We have no issues with extending the mourning dove season. More 
specific discussion on the use of electronic calls follows below.

Allowing Electronic Calls

    As we have stated the last 5 years (76 FR 54676, September 1, 2011; 
77 FR 54451, September 5, 2012; 78 FR 53218, August 28, 2013; 79 FR 
52226, September 3, 2014; 80 FR 52663, September 1, 2015), 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, were Federally prohibited in 1957 
because of their effectiveness in attracting and aiding the harvest of 
ducks and geese and because they 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 take of these species due to either serious 
population overabundance, depredation issues, or public health and 
safety issues, or a combination of these.
    In our previous responses on this issue, we have discussed 
available information regarding the use of electronic calls during the 
special light-goose seasons and our conclusions to its applicability to 
other waterfowl species. Given available evidence on the effectiveness 
of electronic calls, we continue to be concerned about the large 
biological uncertainty surrounding any widespread use of electronic 
calls. 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 remain very concerned that 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.
    Notwithstanding our concerns, we appreciate GLIFWC's latest 
proposal on the issue. GLIFWC has proposed a limited use of electronic 
calls under an experimental design with up to only 50 Tribal hunters. 
Hunters would be required to obtain special permits and complete and 
submit a hunt diary for each hunt where electronic calls were used. 
Clearly, GLIFWC has given this issue considerable thought. We also 
understand GLIFWC's position on this issue; their desire to increase 
tribal hunter opportunity, harvest, and participation; and the 
importance that GLIFWC has ascribed to this and other issues. In our 
recent discussions with them, they have expressed a willingness to work 
with us to further discuss these issues, all the uncertainties and 
difficulties surrounding them, and the overall Federal-Tribal process 
for addressing these and other such issues. However, these discussions 
are ongoing, and we are not yet at a point that would allow our 
approval of this proposal, or any such proposal. Further, it would be 
premature at this time to approve such a measure, or any such measure, 
until we finalize the Federal-Tribal process, roles, and 
responsibilities for addressing this and other such issues. It is our 
hope that over the next year, we can continue these discussions. We 
remain hopeful that we can reach a mutually agreeable resolution.
    Thus, at this time, removal of the electronic-call prohibition, 
even with the proposed limited and experimental design, would be 
inconsistent with our long-standing concerns, and we do not support 
allowing the use of electronic calls in the 1837 and 1842 Treaty Areas 
for any open season.
    The proposed 2016-17 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, 2016.
    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, 2016.
    Daily Bag Limit: 10 mergansers.

Geese

    Season Dates: Begin September 1 and end December 31, 2016. 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, 2016.
    Daily Bag Limit: 20 coots and common moorhens (common gallinules), 
singly or in the aggregate.

[[Page 34231]]

B. Sora and Virginia Rails

    Season Dates: Begin September 1 and end December 31, 2016.
    Daily Bag and Possession Limits: 20, singly, or in the aggregate, 
25.

C. Snipe

    Season Dates: Begin September 1 and end December 31, 2016.
    Daily Bag Limit: 16 snipe.

D. Woodcock

    Season Dates: Begin September 6 and end December 31, 2016.
    Daily Bag Limit: 10 woodcock.

E. Mourning Dove

1837 and 1842 Ceded Territories Only

    Season Dates: Begin September 1 and end November 29, 2016.
    Daily Bag Limit: 15 mourning doves.

F. Sandhill Cranes

1837 and 1842 Ceded Territories Only

    Season Dates: Begin September 1 and end December 31, 2016.
    Daily Bag Limit: 2 cranes.

G. Swans

1837 and 1842 Ceded Territories Only

    Season Dates: Begin November 1 and end December 31, 2016.
    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 that parallels the language in place for 
nontribal members as published at 64 FR 29799, June 3, 1999.
    5. There are no shell-limit restrictions.
    6. Hunting hours are from 30 minutes before sunrise to 30 minutes 
after sunset.
    We propose to approve the above GLIFWC regulations for the 2016-17 
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 2016-17 waterfowl and Canada goose season 
beginning October 8, 2016, and a closing date of November 30, 2016. 
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 2014-15 season, 
estimated duck harvest was 83, which is the lowest on record. The 
species composition included mainly mallards, northern shovelor, 
gadwall, American wigeon, and teal. The estimated harvest of geese was 
7 birds.
    The proposed regulations are essentially the same as were 
established last year. The Tribe anticipates the maximum 2016-17 
waterfowl harvest would be around 300 ducks and 30 geese.
    We propose to approve the Tribe's requested 2016-17 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 an emphasis on fisheries but that also covers 
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 2016-17 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 Tribally-managed lands, 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 a season 
for ducks on September 10-11, 2016, September 17-18, 2016, and between 
October 3, 2016, and January 17, 2017. The total number of days would 
not exceed 107. Hunters should obtain further information on specific 
hunt days from the Kalispel Tribe.
    For nontribal hunters on Tribally managed lands, the Tribe also 
requests the season for geese run on September 10-11, 2016, September 
17-18, 2016, and between October 3, 2016, and

[[Page 34232]]

January 17, 2017. The total number of days would not exceed 107. 
Nontribal hunters should obtain further information on specific hunt 
days from 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 and conservation stamp, would be required.
    For tribal members on Kalispel-ceded lands, the Kalispel Tribe 
proposes season dates for ducks of October 10, 2016, through January 
31, 2017, and for geese of September 10, 2016, through January 31, 
2017. 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, except for the early duck season dates proposed for nontribal 
hunters. These mid-September dates do not conform to Federal flyway 
frameworks for the Pacific Flyway which specify that waterfowl seasons 
can begin September 24.

(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 2016-17 season, we have not yet heard from the Tribe; 
however, the Tribe usually requests proposed season dates of October 1, 
2016, through January 31, 2017. 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 2016-17 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 2016-17 season, the Tribe requests a duck season starting 
on September 17 and ending December 31, 2016, and a goose season to run 
from September 1 through December 31, 2016. 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 
2016-17 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 
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 2016-17 season, the Little River Band of Ottawa Indians 
proposes a duck and merganser season from September 9, 2016, through 
January 22, 2017. 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 7 through December 4, 2016, season. Daily bag limits would 
be five geese.
    For Canada geese only, the Tribe proposes a September 1, 2016, 
through February 5, 2017, 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 13, 2016, season. The daily bag limit would 
be 10 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 2016-17 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. Shooting hours will be from 
one-half hour before sunrise to sunset.
    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' 2016-17 
special migratory bird hunting seasons.

[[Page 34233]]

(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.
    For the 2016-17 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 1, 2016, through January 31, 2017. 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, 2016, through 
February 8, 2017, 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, 2016, 
season. The daily bag limit will not exceed 10 birds. For snipe, the 
LTBB proposes a September 1 to December 31, 2016, season. The daily bag 
limit will not exceed 16 birds. For mourning doves, the LTBB proposes a 
September 1 to November 14, 2016, season. The daily bag limit will not 
exceed 15 birds. For Virginia and sora rails, the LTBB proposes a 
September 1 to December 31, 2016, 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, 2016, 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, 2016. 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 2014-15 hunting season indicated that 
approximately 10 hunters harvested 10 different waterfowl species 
totaling 69 birds. No sandhill cranes were reported harvested during 
the 2014-15 season. 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 2016-17 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 
2016-17 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 2016-17 migratory bird hunting season, the Lower Brule 
Sioux Tribe proposes a nontribal-member duck, merganser, and coot 
season length of 97 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 8, 2016, through January 
12, 2017. The daily bag limit would be six birds or the maximum number 
that 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 October 29, 2016, through February 12, 2017 (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 
October 29, 2016, through January 24, 2017, with a daily bag and 
possession limits concurrent with Federal regulations. The Tribe's 
proposed nontribal-member light goose season would run from October 29, 
2016, through February 12, 2017, and February 13 through May 1, 2017. 
The light goose daily bag limit would be 20 or the maximum number that 
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, 2016, through March 10, 
2017. 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, two bonus teal during the 
first 16 days of the season, and one mottled duck or the maximum number 
that 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, 2016, through March 10, 2017, with a daily bag 
limit of six Canada geese. The Tribe's proposed white-fronted goose 
tribal season would run from September 1, 2016, through March 10, 2017, 
with a daily bag limit of two white-fronted geese or the maximum number 
that Federal regulations allow. The Tribe's proposed light goose tribal 
season would run from September 1, 2016, through March 10, 2017. The 
light goose daily bag limit would be 20 or the maximum number that 
Federal regulations allow, with no possession limits.
    In the 2013-14 season, non-tribal members harvested 641 geese and 
1,616 ducks. In the 2013-14 season, duck harvest species composition 
was primarily mallard (67 percent), gadwall (5 percent), green-winged 
teal (7 percent), and wigeon (5 percent).
    The Tribe anticipates a duck and goose harvest similar to those of 
the previous years. All basic Federal regulations contained in 50 CFR 
part 20, including the use of nontoxic shot,

[[Page 34234]]

Migratory Bird 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 if 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 Klallam was one, have cooperated to establish special 
regulations for migratory bird hunting. The Tribes are now acting 
independently, and the Lower Elwha Klallam Tribe has in recent years 
established migratory bird hunting regulations for tribal members. 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 2016-17 season, we have yet to hear from the Lower Elwha 
Klallam Tribe. The Tribe usually requests special migratory bird 
hunting regulations for ducks (including mergansers), geese, coots, 
band-tailed pigeons, snipe, and mourning doves. The Lower Elwha Klallam 
Tribe usually requests a duck and coot season from September 13, 2016, 
to January 4, 2017. 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 usually requests a season from September 13, 
2016, to January 4, 2017. 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 usually proposes to close the season.
    For mourning doves, band-tailed pigeon, and snipe, the Tribe 
usually requests a season from September 1, 2016, to January 11, 2017, 
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 special migratory bird hunting 
regulations for the Lower Elwha Klallam Tribe upon receipt of their 
proposal.

(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 24, 2016, to January 29, 2017. 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 24, 
2016, and close January 29, 2017. 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 17, 2016, and close October 23, 2016. 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 
2016-17 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 
2016-17 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 2016-17 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, 2016, 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

[[Page 34235]]

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 2016-
17 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 2016-17 special 
migratory bird hunting regulations.

(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.
    For the 2016-17 season, the Tribe submitted a proposal requesting 
special migratory bird hunting regulations. For ducks, the Tribe 
proposal describes the general outside dates as being September 17 
through December 4, 2016. The Tribe proposes a daily bag limit of six 
birds, which could include no more than six mallards (three hen 
mallards), six wood ducks, one redhead, two pintails, and one hooded 
merganser.
    For geese, the Tribe requests a season between September 1 and 
December 31, 2016, with a daily bag limit of five Canada geese. 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 3 and 
November 6, 2016, with a daily bag and possession limit of two and 
four, respectively.
    For mourning dove, the Tribe proposes a season between September 3 
and November 6, 2016, 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 Bird Hunting and Conservation Stamp (Duck 
Stamp); and shotgun capacity is not limited to three shells.
    The Service proposes to approve the 2016-17 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 2016-17 season, the Point No Point Treaty Council requests 
special migratory bird hunting regulations for both the Jamestown 
S'Klallam and Port Gamble S'Klallam Tribes. For ducks, the Jamestown 
S'Klallam Tribe season would open September 1, 2016, and close March 
10, 2017, and coots would open September 13, 2016, and close February 
1, 2017. The Port Gamble S'Klallam Tribes duck and coot seasons would 
open from September 1, 2016, to March 10, 2017. 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, 2016, and close March 10, 2017, for the Jamestown 
S'Klallam Tribe, and open on September 1, 2016, and close March 10, 
2017, 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, 2016, 
and close January 31, 2017, for the Port Gamble S'Klallam Tribe, and 
open on January 10 and close January 25, 2017, 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 1, 2016, and close March 10, 2017. The Jamestown 
S'Klallam Tribe season would open September 13, 2016, and close January 
18, 2017. The daily bag limit for band-tailed pigeons would be two. For 
snipe, the Port Gamble S'Klallam Tribe season would open September 1, 
2016, and close March 10, 2017. The Jamestown S'Klallam Tribe season 
would open September 13, 2016, and close March 10, 2017. The daily bag 
limit for snipe would be eight. For mourning dove, the Port Gamble 
S'Klallam Tribe season would open September 1, 2016, and close January 
31, 2017. The Jamestown S'Klallam Tribe would open September 13, 2016, 
and close January 18, 2017. The daily bag limit for mourning dove would 
be 10.
    The Tribe anticipates a total harvest of fewer than 200 birds for 
the 2016-17 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 2016-17 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 November 25, 2015, letter, the Tribe proposes special 
migratory bird hunting regulations. For ducks, mergansers, and snipe, 
the Tribe proposes outside dates as September 1, 2016, through January 
31, 2017. 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

[[Page 34236]]

mergansers; the daily bag limit for snipe is 16.
    For geese, coot, gallinule, sora, and Virginia rail, the Tribe 
requests a season from September 1, 2016, to January 31, 2017. 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, 2016, and January 31, 2017, with daily bag limits of 10 
and 25, respectively.
    For sandhill crane, the Tribe proposes a season between September 
1, 2016, and January 31, 2017, 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 
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 2016-17 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).
    The Tribe proposes special migratory bird hunting regulations. For 
ducks, mergansers, and snipe, the Tribe proposes outside dates as 
September 15 through December 31, 2016. 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 canvasbacks. The merganser 
daily bag limit is 10 in the aggregate; the daily bag limit for snipe 
is 16.
    For geese, teal, coot, gallinule, sora, and Virginia rail, the 
Tribe requests a season from September 1 to December 31, 2016. The 
daily bag limit for geese is 20, in the aggregate. The daily bag limit 
for coot, teal, gallinule, sora, and Virginia rail is 20, in the 
aggregate.
    For woodcock, the Tribe proposes a season between September 2 and 
December 1, 2016, 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, 2016, with a daily bag and possession limit of 10 and 
20, respectively.
    In 2014, the total estimated waterfowl hunters were 266. 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 2016-17 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 2016-17 hunting season, provided the duck and goose hunting 
season dates are the same as on the reservation.
    In a proposal for the 2016-17 hunting season, the Shoshone-Bannock 
Tribes request a continuous duck (including mergansers and coots) 
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 8, 2016, and a closing date of January 20, 2017. 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 8, 2016, and a closing date of 
January 20, 2017. The Tribes anticipate harvest will be about 5,000 
geese.
    The Tribes request a 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 8, 2016, and a closing date of January 20, 
2017.
    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 2016-17 
hunting season if 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. The Skokomish Tribe has yet to send in a 
proposal to establish migratory bird hunting regulations for tribal 
members for the 2016-17 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.
    The Skokomish Tribe usually requests a duck and coot season from 
September 16, 2016, to February 28, 2017. 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, 
2016, to February 28, 2017. The daily bag limit is four, including no 
more than three light geese. The season on Aleutian Canada geese is 
closed. For brant, the

[[Page 34237]]

Tribe usually proposes a season from November 1, 2016, to February 15, 
2017, 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, 2016, to February 28, 
2017, 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 unlawful to use 
or possess lead shot while hunting waterfowl.
    The Tribe usually 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.
    We propose to approve the Skokomish Tribe's 2016-17 migratory bird 
hunting season upon receipt of their proposal.

(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 Migratory Bird Hunting 
and Conservation 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 2016-17 season, the Tribe requests to establish duck 
seasons that would run from September 2, 2016, through January 31, 
2017. 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, 2016, 
and ending on January 31, 2017. 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 2016-17 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 2016-17 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 2016-17 season, we have yet to hear from the Squaxin Island 
Tribe. The Tribe usually requests to establish duck and coot seasons 
that would run from September 1, 2016, through January 15, 2017. 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 usually proposes that the 
season start on September 15, 2016, and end on January 15, 2017. The 
daily bag limit for snipe would be eight. For band-tailed pigeon, the 
Tribe usually proposes that the season start on September 1, 2016, and 
end on December 31, 2016. The daily bag limit would be five. The 
possession limit would be twice the daily bag limit.
    The Tribe usually proposes a season on geese starting September 15, 
2016, and ending on January 15, 2017. 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 usually proposes that the season start on September 1 and end on 
December 31, 2016. 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 2016-17 special migratory bird 
hunting regulations, upon receipt of their proposal.

(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 2016-17 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).
    The Tribe proposes their duck (including mergansers and coot) and 
goose seasons run from October 1, 2016, to March 10, 2017. The daily 
bag limit on ducks (including sea ducks and mergansers) is 10. The 
daily bag limit for coot is 25. For geese, the daily bag limit is six. 
The season on brant is closed. Possession limits are totals of these 
three daily bag limits.
    The Tribe proposes the snipe seasons run from October 1, 2016, to 
January 31, 2017. The daily bag limit for snipe is 10. Possession 
limits are three times 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 anticipates a total harvest of 200 ducks, 100 geese, 50 
mergansers, 100 coots, and 100 snipe. Anticipated harvest needs include 
subsistence and

[[Page 34238]]

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 2016-17 special migratory bird hunting regulations.

(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 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.
    For the 2016-17 season, the Tribal Community 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 Tribe 
proposes their duck (including mergansers and coot) and goose seasons 
run from September 1, 2016, to March 9, 2017. The daily bag limit on 
ducks is 20. The daily bag limit for coot is 25. For geese, the daily 
bag limit is 10. The season on brant runs from September 1, 2016, to 
March 9, 2017. The daily bag limit is 5.
    The Tribe proposes the snipe season run from September 1, 2016, to 
March 9, 2017. The daily bag limit for snipe is 15. The Tribe proposes 
the mourning dove season run from September 1, 2016, to March 9, 2017. 
The daily bag limit for mourning dove is 15. The Tribe proposes the 
band-tailed pigeon season run from September 1, 2016, to March 9, 2017. 
The daily bag limit for band-tailed pigeon is 3. The Swinomish Indian 
Tribal Community requests to have no 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.
    We propose to approve these 2016-17 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.
    We have yet to hear from the Tulalip Tribe regarding their 2016-17 
season proposal. Migratory waterfowl hunting by Tulalip Tribal members 
is authorized by Tulalip Tribal Ordinance No. 67. For ducks, 
mergansers, coot, and snipe, the Tribe usually proposes seasons for 
tribal members from September 3, 2016, through February 28, 2017. 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 usually propose a season from September 
3, 2016, through February 28, 2017. 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 2016-17 
special migratory bird hunting regulations upon receipt of their 
proposal.

(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 2016-17 season, the Tribe requests a duck season starting 
October 1, 2016, and ending February 28, 2017. The Tribe proposes a 
daily bag limit of 15 with a possession limit of 20. The Tribe requests 
a coot season starting October 1, 2016, and ending February 15, 2017. 
The coot daily bag limit is 20 with a possession limit of 30.
    The Tribe proposes a goose season from October 1, 2016, to February 
28, 2017, 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, 2016, with a daily bag and possession limit of 2.
    The Tribe proposes a mourning dove season between September 1 and 
December 31, 2016, 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 2016-17 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

[[Page 34239]]

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 2016-17 season, we have not yet heard from the Tribe. The 
Tribe usually proposes a duck season of October 14, 2016, through 
February 22, 2017. 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) season of October 10, 2016, 
through February 22, 2017. 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, 2016, and February 22, 2017, 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, 2016, and between October 28, 2016, and 
February 22, 2017, with a daily bag limit of 8 Canada geese. For snow 
geese, the tribe usually requests a season between September 4 to 
September 21, 2016, and between November 25, 2016, and February 22, 
2017, with a daily bag limit of 15 snow geese.
    For woodcock, the Tribe usually proposes a season between October 
10 and November 23, 2016, with a daily bag limit of three. For sora and 
Virginia rails, the Tribe usually requests a season of September 2, 
2016, through November 10, 2016, with a daily bag limit of 5 sora and 
10 Virginia rails. For snipe, the Tribe usually requests a season of 
September 2, 2016, through December 16, 2016, 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 2016-17 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 2016-17 migratory bird hunting season, the White Earth Band 
of Ojibwe requests a duck season to start September 10 and end December 
18, 2016. For ducks, they request a daily bag limit of 10, including no 
more than 2 hen mallards, 1 pintail, and 2 canvasback. For mergansers, 
the Tribe proposes the season to start September 10 and end December 
18, 2016. 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 23, 2016, and a late season 
from September 24, 2016, through December 18, 2016. The early season 
daily bag limit is 12 geese, and the late season daily bag limit is 5 
geese.
    For coots, the Tribe proposes a September 1 through November 30, 
2016, season with daily bag limits of 20 coots. For snipe, woodcock, 
rail, and mourning dove, the Tribe proposes a September 1 through 
November 30, 2016, season with daily bag limits of 10, 10, 25, and 25 
respectively. 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 2016-17 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 2016-17 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 2016-17 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 15, 2016, and a closing date of January 29, 
2017. The season on scaup would open November 5, 2016, and end January 
29, 2017. The Tribe proposes a daily duck (including mergansers) bag 
limit of seven, which may include no more than two redheads, two 
pintail, three scaup (when open), seven mallards (including no more 
than two hen mallards), and two 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 15, 2016, 
through January 29, 2017. 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, 2016, 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 
2016-17 special migratory bird hunting regulations.

[[Page 34240]]

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 ADDRESSES. 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 DATES.
    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.
    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 August 6 proposed rule; for descriptions of 
our actions to ensure compliance with the following statutes and 
Executive Orders, see our August 6, 2015, proposed rule (80 FR 47388):
     National Environmental Policy Act (NEPA) Consideration;
     Endangered Species Act Consideration;
     Regulatory Flexibility Act;
     Small Business Regulatory Enforcement Fairness Act;
     Paperwork Reduction Act of 1995
     Unfunded Mandates Reform Act;
     Executive Orders 12630, 12866, 12988, 13132, 13175, 13211, 
and 13563.

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 2016-17 
hunting season are authorized under 16 U.S.C. 703-712 and 16 U.S.C. 
742a-j.

    Dated: May 19, 2016.
Karen Hyun,
Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2016-12576 Filed 5-26-16; 8:45 am]
 BILLING CODE 4333-15-P