Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2016-17 Season, 62404-62418 [2016-21739]
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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
(g)(2)(G)(ii)(I)–(III).’’ Notably, AOA
board certification is specifically listed
in 21 U.S.C. 823(g)(2)(G)(ii)(III), as
amended by the Comprehensive
Addiction and Recovery Act of 2016
(CARA), Public Law 114–198. As a
result, the listing of AOAAM instead of
AOA was the result of a technical error
that needs to be corrected immediately.
If this error is not immediately
corrected, practitioners who have
received training from AOAAM, and
who do not satisfy any of the other
‘‘additional credentialing’’ requirements
under the final rule, may argue that they
are eligible to increase their patient
limit even though they do not possess
the qualifications that HHS has deemed
necessary to dispense or prescribe
relevant medications safely and
effectively at the higher patient cap. In
addition, the error has resulted in
SAMHSA receiving numerous questions
seeking clarification regarding the
credentials that osteopathic providers
need to have in order to be eligible for
the higher patient limit. Failure to
correct this error could, therefore,
significantly compromise the quality of
care delivered to patients in need of
MAT and could pose a substantial threat
to public safety.
The technical error at issue will
therefore be fixed by removing the
reference to the ‘‘American Osteopathic
Academy of Addiction Medicine’’ in the
final rule’s definition of ‘‘additional
credentialing,’’ and inserting a reference
to the ‘‘American Osteopathic
Association.’’ It should be noted that
although reference was made to
‘‘subspecialty board certification’’ by
AOA in the NPRM, the term
‘‘subspecialty’’ will not be included in
the final rule’s definition of ‘‘additional
credentialing’’ because CARA amended
the Controlled Substances Act by
removing the term ‘‘subspecialty’’ from
the description of AOA board
certification under 21 U.S.C.
823(g)(2)(G)(ii)(III). CARA was enacted
on July 22, 2016, after the final rule was
published on July 8, 2016. As explained
in the preamble of the final rule, HHS’s
reason for changing the definition of
‘‘board certification’’ in the NPRM to
‘‘additional credentialing’’ in the final
rule was to ensure that the training
credentials described in 21 U.S.C.
823(g)(2)(G)(ii)(I)–(III) (which include
AOA board certification) were included
as eligible pathways for practicing at the
higher patient cap. Therefore, the
technical fix made to the definition of
‘‘additional credentialing’’ in the final
rule reflects HHS’s continuing intention
to include the type of training described
in 21 U.S.C. 823(g)(2)(G)(ii)(I)–(III), as
amended by CARA.
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List of Subjects in 42 CFR Part 8
Health professions, Methadone,
Reporting and recordkeeping
requirements.
Accordingly, 42 CFR part 8 is
corrected by making the following
correcting amendment:
PART 8—MEDICATION ASSISTED
TREATMENT FOR OPIOID USE
DISORDERS
1. The authority citation for part 8
continues to read as follows:
■
Authority: 21 U.S.C. 823; 42 U.S.C. 257a,
290bb–2a, 290aa(d), 290dd–2, 300x–23,
300x–27(a), 300y–11.
2. In § 8.2, revise the definition of
Additional Credentialing to read as
follows:
■
§ 8.2
Definitions.
*
*
*
*
*
Additional Credentialing means board
certification in addiction medicine or
addiction psychiatry by the American
Board of Addiction Medicine, the
American Board of Medical Specialties,
or the American Osteopathic
Association or certification by the
American Board of Addiction Medicine,
or the American Society of Addiction
Medicine.
*
*
*
*
*
Dated: September 2, 2016.
Wilma Robinson,
Deputy Executive Secretary, U.S. Department
of Health and Human Services.
[FR Doc. 2016–21674 Filed 9–8–16; 8:45 am]
BILLING CODE P
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; Migratory Bird
Hunting Regulations on Certain
Federal Indian Reservations and
Ceded Lands for the 2016–17 Season
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
This rule prescribes special
migratory bird hunting regulations for
certain Tribes on Federal Indian
reservations, off-reservation trust lands,
and ceded lands. This rule responds to
tribal requests for U.S. Fish and Wildlife
Service (hereinafter Service or we)
SUMMARY:
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recognition of their authority to regulate
hunting under established guidelines.
This rule allows the establishment of
season bag limits and, thus, harvest at
levels compatible with populations and
habitat conditions.
DATES: This rule takes effect on
September 9, 2016.
ADDRESSES: You may inspect comments
received on the special hunting
regulations and Tribal proposals during
normal business hours at U.S. Fish and
Wildlife Headquarters, 5275 Leesburg
Pike, Falls Church, VA 22041–3803, or
at https://www.regulations.gov at Docket
No. FWS–HQ–MB–2015–0034.
FOR FURTHER INFORMATION CONTACT: Ron
W. Kokel, U.S. Fish and Wildlife
Service, Department of the Interior, MS:
MB, 5275 Leesburg Pike, Falls Church,
VA 22041–3803; (703) 358–1967.
SUPPLEMENTARY INFORMATION:
Background
The Migratory Bird Treaty Act of July
3, 1918 (16 U.S.C. 703 et seq.),
authorizes and directs the Secretary of
the Department of the Interior, having
due regard for the zones of temperature
and for the distribution, abundance,
economic value, breeding habits, and
times and lines of flight of migratory
game birds, to determine when, to what
extent, and by what means such birds or
any part, nest, or egg thereof may be
taken, hunted, captured, killed,
possessed, sold, purchased, shipped,
carried, exported, or transported.
In the May 27, 2016, Federal Register
(81 FR 34226), we proposed special
migratory bird hunting regulations for
the 2016–17 hunting season for certain
Indian tribes, under the guidelines
described in the June 4, 1985, Federal
Register (50 FR 23467). The guidelines
respond to tribal requests for Service
recognition of their reserved hunting
rights, and for some tribes, recognition
of their authority to regulate hunting by
both tribal members and nonmembers
on their reservations. The guidelines
include possibilities for:
(1) On-reservation hunting by both
tribal members and nonmembers, with
hunting by nontribal members on some
reservations to take place within Federal
frameworks but on dates different from
those selected by the surrounding
State(s);
(2) On-reservation hunting by tribal
members only, outside of usual Federal
frameworks for season dates and length,
and for daily bag and possession limits;
and
(3) Off-reservation hunting by tribal
members on ceded lands, outside of
usual framework dates and season
length, with some added flexibility in
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daily bag and possession limits. In all
cases, the regulations established under
the guidelines must be consistent with
the March 10–September 1 closed
season mandated by the 1916 Migratory
Bird Treaty with Canada.
In the August 6, 2015, Federal
Register (80 FR 47388), we requested
that tribes desiring special hunting
regulations in the 2016–17 hunting
season submit a proposal including
details on:
(1) Harvest anticipated under the
requested regulations;
(2) Methods that would be employed
to measure or monitor harvest (such as
bag checks, mail questionnaires, etc.);
(3) Steps that would be taken to limit
level of harvest, where it could be
shown that failure to limit such harvest
would adversely impact the migratory
bird resource; and
(4) Tribal capabilities to establish and
enforce migratory bird hunting
regulations.
No action is required if a tribe wishes
to observe the hunting regulations
established by the State(s) in which an
Indian reservation is located. We have
successfully used the guidelines since
the 1985–86 hunting season. We
finalized the guidelines beginning with
the 1988–89 hunting season (August 18,
1988, Federal Register [53 FR 31612]).
The final rule described here is the
final in the series of proposed and final
rulemaking documents for Migratory
Bird Hunting Regulations on Certain
Federal Indian Reservations and Ceded
Lands for the 2016–17 Season. It sets
hunting seasons, hours, areas, and limits
for migratory game bird species on
reservations and ceded territories. This
final rule is the culmination of the
rulemaking process for the Tribal
migratory game bird hunting seasons,
which started with the August 6, 2015,
proposed rule. As discussed elsewhere
in this document, we proposed special
migratory bird hunting regulations for
the 2016–17 hunting season for certain
Indian tribes, on May 27, 2016. This
final rule sets the Migratory Bird
Hunting Regulations on Certain Federal
Indian Reservations and Ceded Lands
for the 2016–17 Season.
Status of Populations
Information on the status of waterfowl
and information on the status and
harvest of migratory shore and upland
game birds, including detailed
information on methodologies and
results, was discussed in the December
11, 2015, Federal Register (80 FR
77088) and is available at the address
indicated under FOR FURTHER
INFORMATION CONTACT or from our Web
site at https://www.fws.gov/
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migratorybirds/
NewsPublicationsReports.html.
Comments and Issues Concerning
Tribal Proposals
For the 2016–17 migratory bird
hunting season, we proposed
regulations for 23 Tribes or Indian
groups that followed the 1985
guidelines and were considered
appropriate for final rulemaking. We
noted in the May 27 proposed rule that
we were proposing seasons for seven
Tribes who have submitted proposals in
past years but from whom we had not
yet received proposals this year. We did
not receive proposals from five of those
Tribes and, therefore, have not included
them in this final rule. No other changes
were made to this final rule.
The comment period for the May 27
proposed rule closed on June 27, 2016.
We received nine comments on our May
27 proposed rule, which announced
proposed seasons for migratory bird
hunting by American Indian Tribes.
Similar comments were combined
below.
Written Comments: The Village of
Hobart requested we explore Wisconsin
Department of Natural Resource
(WIDNR) guidelines for hunting and
fishing, and consider the following: (1)
Cease our Migratory Bird Program as an
unnecessary and costly replication of
State hunting and fishing guidelines;
and/or (2) rescind section (p) of the
proposed rule specific to the Oneida
Nation where their tribal lands are
significantly less than 10 percent of the
municipal boundary. The Village also
expressed concern that during the
hunting season tribal members could
potentially trespass on land in the
Village or on/around the Austin
Straubel Airport.
Service Response: We have approved
of Oneida Nation’s proposed
regulations, or regulations similar to
those proposed, since 1991. To our
knowledge, this is only the second time
that the Village has opposed these
special migratory bird hunting
regulations. Also, to our knowledge,
there have been no indications of
conflicts (e.g., arrests for trespass, etc.)
on these lands during Oneida Nation’s
hunting season since their inception in
1991. Similarly, we note that the Airport
property is a fenced and secured facility
so potential conflict is unlikely. Lastly,
we disagree with the Village’s assertions
that the Oneida Reservation has been
disestablished or diminished. Our
position is consistent with the
Department calling an election for the
Oneida Nation under Section 18 of the
Indian Reorganization Act (‘‘IRA’’) and
the Department’s subsequent approval
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of its constitution under the IRA in
1936. Most recently in May 2016, the
Department’s Interior Board of Indian
Appeals (IBIA) reaffirmed its earlier
ruling that the Oneida Nation was
organized in accordance with the IRA.
Dillenburg v. Midwest Regional
Director, Bureau of Indian Affairs,63
IBIA 56, (2016); see also, Village of
Hobart v. Acting Midwest Regional
Director,57 IBIA 4, (2013). For these
reasons, we have decided to finalize
Oneida’s regulations as proposed. We
encourage both the Village and Oneida
to meet with us before special tribal
regulations for the 2017–18 season are
proposed in early 2017 if they still have
questions related to the status of Oneida
reservation and treaty rights; and to
address any perceived conflicts with
Oneida’s hunting activity.
Written Comments: We received one
comment from the Great Lakes Indian
Fish and Wildlife Commission
(GLIFWC) on the May 27 proposed rule.
GLIFWC comments that we have
maintained that confusion on the part of
the public, law enforcement, and other
reasons justify our denial of the tribes’
proposal to use electronic calls to hunt
migratory birds, and GLIFWC contends
that the courts have ruled that tribal
treaty rights can be limited only when
and if they can be shown to be
detrimental to the conservation of
natural resources or represent a threat to
human health and safety. GLIFWC
believes that, contrary to case law, we
continue to apply inappropriate
constraints and an unfounded rationale
in our consideration of the tribes’
proposal. GLFWC gives specific
examples of this from the commentary
in the proposed rule, which included:
• In the discussion regarding the
proposed use of electronic calls, we
state, ‘‘we do not believe that allowing
the use of electronic calls . . . is in the
best interest of the conservation of
migratory birds.’’ This statement is
made without providing any evidence of
the negative impacts to migratory bird
resource that might be caused by the
highly limited application of this
technique that the tribes proposed.
• We also state that electronic calls
‘‘are not generally considered a
legitimate component of hunting.’’ This
is a cultural statement made through a
lens that views the harvest of migratory
birds as a sport activity. It has no place
in the evaluation of tribal subsistence
regulations (as ‘‘legitimacy’’ is an ethical
consideration that is not consistent with
biological impact), and this language
continues to be offensive to the tribes.
• We also state that we remain very
concerned that the use of electronic
calls would ‘‘lead to confusion on the
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part of the public, wildlife management
agencies, and law enforcement
officials.’’ Again, no evidence is
provided to support this concern (and
the fact that a wide range of tribal
harvesting regulations have differed
from those for State hunters for decades
without ‘‘confusion’’ is overlooked). It
also disregards the case law on treaty
rights that ‘‘confusion’’ is not a valid
reason to restrict the treaty-rights
exercise, even if it should exist.
GLFWC also believes the proposed
rule falls short of meeting the Service’s
responsibility to the tribes in other ways
as well. For example, we state that the
Service ‘‘continue[s] to be concerned
about the large biological uncertainty
surrounding any widespread use of
electronic calls,’’ and yet rejected a very
limited experimental application of
electronic calls that could provide the
very evidence needed to reduce that
uncertainty. No acceptable alternative to
the tribes’ proposal was suggested. The
Service indicated that ‘‘discussions are
ongoing’’ with the tribes over various
management issues; however, the
Service made no effort to engage in
government-to-government consultation
with the tribes about the season
proposal before publishing the proposed
rule. Lack of government-to-government
consultation on a regulation directly
affecting tribal interests constitutes an
agency action contravening Executive
Order 13175, a memorandum to Federal
agencies by President Obama
reaffirming Executive Order 13175, and
official policy of the Department of the
Interior and the Service, and is contrary
to the 2011 Service Tribal Consultation
Handbook.
Notably, the Service rejected
provisions regarding baiting, trapping,
and hunting at night without providing
any discussion, any evidence of
biological or safety impacts, or making
any effort to consult with the tribes on
these issues—despite the recent ruling
by the Seventh Circuit in the Lac Courte
Oreille case and the above-mentioned
Executive Order and department- and
agency-level policies.
GLIFWC requests that we issue a final
rule that approves the tribes’ original
proposal for migratory bird harvesting
in the 1837 and 1842 ceded territories.
If we have legitimate natural resource,
or public health or safety, concerns
about the tribes’ proposal, the tribes
would welcome the opportunity to
discuss those concerns in greater detail.
However, as described above, GLIFWC
asserts that the justification provided in
the proposed rule does not appear to
support a denial of the tribes’ proposal.
Service Response: The GLIFWC 2016–
17 proposal has one specific proposed
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change from regulations approved last
season: in the 1837 and 1842 Treaty
Areas, the GLIFWC proposal would
allow the use of electronic calls.
GLIFWC’s proposal also mentions
developing regulations to allow for the
night hunting and baiting of waterfowl,
and the trapping of migratory birds.
However, no specificity or development
timetable is contained in their proposal.
Thus, we will largely defer our response
to those latter items until the
appropriate time. However, we hope to
continue discussions with GLIFWC in
the near future on these important
issues.
GLIFWC states that the specific
proposed regulatory changes are
intended to provide tribal members a
harvest opportunity within the scope of
rights reserved in their various treaties
and increase tribal subsistence harvest
opportunities, while protecting
migratory bird populations. Under the
GLIFWC’s proposed regulations,
GLIFWC expects total ceded territory
harvest to be approximately 1,650
ducks, 375 geese, 20 sandhill cranes,
and 20 swans, which is roughly similar
to anticipated levels in previous years
for those species for which seasons were
established. GLIFWC 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 offreservation waterfowl harvest has
averaged fewer than 1,100 ducks and
250 geese annually. Two sandhill cranes
were reported harvested in each of the
first three tribal crane seasons (2014–
16). In the latest survey year for which
we have specific results (2012), an
estimated 86 hunters took an estimated
1,090 trips and harvested 1,799 ducks
(1.7 ducks per trip) and 822 geese.
Analysis of hunter survey data over
1996–2012 indicates a general
downward trend in both harvest and
hunter participation. We note that
GLIFWC also mentions a 2015 hunter
survey that has not yet been completed.
GLIFWC cites United States v.
Bresette (D.Minn. 1991) and Lac Courte
Oreilles Band of Lake Superior
Chippewa Indians v. Wisconsin (7th Cir.
2014) as cases that the Migratory Bird
Treaty Act (MBTA) does not abrogate
their treaty rights, and that the Service
should permit the use of electronic
calls, baiting, night hunting, and
trapping as they have either specifically
proposed this year (electronic calls) or
have proposed developing regulations
allowing for future implementation
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(baiting, night hunting, and trapping).
While we agree that the MBTA does not
abrogate the tribe’s treaty rights, we
disagree with GLIFWC’s conclusion that
the tribe is therefore entitled to use
electronic calls, baiting, night hunting,
and trapping. We still retain the
authority to reasonably regulate the
manner of take for migratory bird
hunting on ceded lands. For example,
the Bresette case involved a defense to
a criminal prosecution and did not
address the issue of the manner in
which tribal members were permitted to
take birds.
Similarly in the Lac Courte Oreilles
case, the 7th Circuit required the State
of Wisconsin to justify its rationale for
safety concerns prohibiting the night
hunting of deer when other surrounding
States allowed for deer night hunting.
We believe this case is distinguishable
in that no night waterfowl hunting is
currently allowed anywhere, nor has it
ever been allowed in the past. Further,
night deer hunting uses spotlights that
enable hunters to specifically identify
intended targets. Waterfowl are much
smaller targets than deer, and hunters
should be required to reasonably
identify their target to avoid the
unintentional take of non-game species.
Shooting at night makes target
identification impractical and would
significantly increase the potential take
of non-game and other protected birds,
including the potential take of
threatened and endangered species.
In addition to conservation concerns
relating to the unintentional take of
protected species, we have also
continually cited significant safety
concerns related to migratory bird
hunting outside of the normal allowed
shooting hours. Normally, shooting
hours for migratory game birds are onehalf hour before sunrise to sunset.
Potential impacts to hunter safety,
difficulty of identifying birds, retrieval
of downed birds, and impacts on law
enforcement are some of the concerns
we have raised when discussing
potential expansions of shooting hours.
In 2012, in deference to tribal traditions
and in the interest of cooperation, and
in spite of our previously identified
concerns regarding species
identification, retrieval of downed birds,
hunter safety, and law enforcement
impacts, we approved shooting 30
minutes after sunset (an extension of 15
minutes from the then-current 15
minutes after sunset) (77 FR 54451,
September 5, 2012). This was consistent
with other Tribes in the general area
(Fond du Lac, Leech Lake, Oneida, Sault
Ste Marie, and White Earth). However,
we stated in 2014 (79 FR 52226,
September 3, 2014) that any further
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extension of shooting hours on either
the front end or the back end of the day
would be contrary to public safety and
would only heighten our previously
identified safety and conservation
concerns. We are unaware of any other
migratory bird hunting that occurs more
than 30 minutes after sunset. Thus, we
conclude that for safety and
conservation concerns, it is appropriate
for us to deny GLIFWC’s proposed
request to develop regulations allowing
the night hunting of waterfowl.
Regarding GLIWFC’s request to
develop regulations allowing the baiting
of waterfowl and the trapping of
migratory birds, as we noted above, the
lack of specificity or a development
timetable in their proposal makes this
request difficult to adequately respond
to at this time. We do not believe that
a large-scale discussion of the merits
and practicality, or lack thereof, of such
practices is appropriate at this time, but
would rather have further discussions
with GLIFWC on these issues. Thus, we
will defer our response to these items
until such appropriate time. Further
discussion on allowing the use of
electronic calls is contained 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, was
Federally prohibited in 1957, because of
their effectiveness in attracting and
aiding the harvest of ducks and geese
and are generally not considered a
legitimate component of hunting. In
1999, after much debate, the migratory
bird regulations were revised to allow
the use of electronic calls for the take of
light geese (lesser snow geese and Ross
geese) during a light-goose-only season
when all other waterfowl and crane
hunting seasons, excluding falconry,
were closed (64 FR 7507, February 16,
1999; 64 FR 71236, December 20, 1999;
73 FR 65926, November 5, 2008). The
regulations were also changed in 2006,
to allow the use of electronic calls for
the take of resident Canada geese during
Canada-goose-only September seasons
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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 serious
population overabundance, habitat
degradation due to high populations,
depredation issues, or public health and
safety issues, or a combination of these.
In our previous responses on this
issue, we discussed available
information from the use of electronic
calls during the special light-goose
seasons its applicability to most
waterfowl species. We have also
provided information to GLIWFC
regarding the availability of using
electronic calls for resident Canada
geese in early-September or during
special light-goose seasons when all
other waterfowl seasons are closed. To
our knowledge, GLIFWC members have
not utilized electronic calls during
either the special light-goose season or
the early-September resident Canada
goose season. We note that these
opportunities would seem to provide a
perfect opportunity to gauge not only
hunter interest and participation, but
the effectiveness of the methodology.
Further, 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. The
Treaty areas of Michigan, Minnesota,
and Wisconsin covered by GLIWFC’s
proposal are a large area subject to
widely varying degrees of hunting
pressure. These factors logically lead us
to a large degree of uncertainty
surrounding any widespread use of
electronic calls in such an area.
Additionally, we remained concerned
that tribal waterfowl hunting covered by
GLIFWC’s proposal would occur on
ceded lands that are not in the
ownership of the Tribes. We continue to
believe that the use of electronic calls to
take waterfowl would likely lead to
significantly increased 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.
Lastly, and perhaps most importantly,
GLIFWC has repeatedly stated that tribal
hunter participation is low, and that the
proposals for electronic calls are
intended to increase migratory bird
hunting participation and harvest by
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tribal members. While we also have
concerns over hunter-participation
numbers and a common desire to
increase hunter recruitment and
retention of not only tribal hunters but
migratory bird sport hunters, GLIFWC
has not defined these goals nor
presented any evidence that their
proposals would help achieve this
intended goal. Further, GLIWFC has
provided no evidence or data that tribal
migratory bird hunting has increased
because of recently proposed and
implemented harvest liberalizations
over the past few years (increased bag
limits; removal of species restrictions;
increased shooting hours; longer
seasons; implementation of tundra
swan, sandhill crane, and dove seasons;
removal of possession limits; and
removal of shot-shell limits); nor any
evidence that the cause of low tribal
hunter interest in hunting migratory
birds is due to restrictive harvest
regulations. Likewise, GLIFWC has not
shown that they have utilized electronic
calls for existing goose seasons where
they may be used (discussed above) in
an effort to increase hunter interest,
participation, and harvest.
Many State and Federal wildlife
agencies, as well as other
nongovernmental organizations, have
devoted considerable resources to the
topic of hunter recruitment and
retention. However, the most recent
research indicates that changes in
hunting regulations are not very
effective in recruiting hunters. Thus,
given this research information and the
lack of evidence that GLIFWC’s
proposals will help achieve their stated
objective, we cannot justify the
acceptance of the inherent risks to
migratory bird conservation associated
with this proposal at this time.
However, we would be glad to review
any data or information GLIWFC may
have that would help address these
concerns and we would welcome
opportunities to work with GLIFWC on
our common desire to increase hunter
recruitment and retention.
Notwithstanding our concerns, we
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 these issues. In
our recent discussions with them over
the past year or more, 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. As a first
step in this process, we have begun
work on a memorandum of
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understanding that further defines and
clarifies the overall process, the
administrative roles and
responsibilities, and the
communications process between us.
However, this process is only the first
step and we are not yet at a point in
these discussions 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 GLIFWC’s proposed limited and
experimental design, would be
inconsistent with our long-standing
conservation concerns, and we do not
support allowing the use of electronic
calls in the 1837 and 1842 Treaty Areas
for any open waterfowl season
Written Comments: The Wisconsin
Department of Natural Resources
(WIDNR) and the Mississippi Flyway
Council (MFC) expressed opposition to
GLIFWC’s proposal allowing the use of
electronic calls, night hunting and
baiting for waterfowl, and the trapping
of migratory birds. Both expressed
continued concerns about the potential
negative impacts to local waterbird
populations, the increased potential for
take of nongame species, the
incompatibility with Federal and State
waterfowl management, public safety,
potential user conflicts, lawenforcement problems, and the potential
to place non-tribal hunters in violation
of migratory game bird hunting
regulations. Both further questioned
GLIFWC’s justification for proposed
additional hunting methods to achieve
an objective of increased migratory-birdhunting participation by tribal members
in the absence of evidence. However,
the MFC welcomed opportunities to
work with GLIFWC on their common
desire to increase hunter recruitment
and retention.
Service Response: We agree with the
MFC and the WIDNR about continuing
concerns over declining hunter
participation and our common desire to
increase hunter recruitment and
retention of not only tribal hunters but
migratory bird sport hunters. Many
State and Federal wildlife agencies, as
well as other nongovernmental
organizations, have devoted
considerable resources to this topic.
However, we agree with the MFC that
the most recent research indicates that
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changes in hunting regulations are not
very effective in recruiting hunters.
As we stated earlier, GLIFWC has
repeatedly stated that tribal
participation is low, but presents no
evidence that tribal migratory bird
hunting has increased because of recent
liberalizations over the past few years,
nor that tribal members have stated that
restrictive regulations are the cause of
low tribal hunter interest in hunting
migratory birds. Given the lack of
evidence that GLIFWC’s proposals will
help achieve their stated objective, we
agree that there is no justification to
accept the inherent risks to migratory
bird conservation and public safety
associated with GLIFWC’s proposals.
However, like the MFC, we would
welcome opportunities to work with
GLIFWC on our common desire to
increase hunter recruitment and
retention.
Written Comments: Three
commenters protested the entire
migratory bird hunting regulations
process, the killing of all migratory
birds, and the status and habitat data on
which the migratory bird hunting
regulations are based. Two commenters
believed certain migratory bird species
such as sandhill cranes, woodcock, and
mourning doves should not ever be
hunted.
Service Response: Our long-term
objectives continue to include providing
opportunities to harvest portions of
certain migratory game bird populations
and to limit harvests to levels
compatible with each population’s
ability to maintain healthy, viable
numbers. Further, there exists a long
history of establishing hunting seasons
for migratory game bird species such as
waterfowl, cranes, woodcock, doves,
and migratory shore and upland game
birds. Tribes, such as those included in
this final rule, have hunted these
species before and since the inception of
our establishment of migratory game
bird hunting seasons. These seasons are
culturally important to them, and
applicable treaties allow for hunting of
these species.
Having taken into account the zones
of temperature and the distribution,
abundance, economic value, breeding
habits, and times and lines of flight of
migratory game birds, we believe that
the hunting seasons provided for herein
are compatible with the current status of
migratory bird populations and longterm population goals. Additionally, we
are obligated to, and do, give serious
consideration to all information
received as public comment. We
continue to believe that the current
Flyway-Council system of migratory
bird management is one of the most
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Fmt 4700
Sfmt 4700
longstanding, successful examples of
State–Federal cooperative management
since its establishment in 1952.
Likewise, the establishment of special
tribal migratory bird hunting regulations
has been a successful Federal-Tribal
partnership since 1988. However, as
always, we continue to seek new ways
to improve the process.
National Environmental Policy Act
(NEPA)
The programmatic document,
‘‘Second Final Supplemental
Environmental Impact Statement:
Issuance of Annual Regulations
Permitting the Sport Hunting of
Migratory Birds (EIS 20130139),’’ filed
with the Environmental Protection
Agency (EPA) on May 24, 2013,
addresses NEPA compliance by the
Service for issuance of the annual
framework regulations for hunting of
migratory game bird species. We
published a notice of availability in the
Federal Register on May 31, 2013 (78
FR 32686), and our Record of Decision
on July 26, 2013 (78 FR 45376). We also
address NEPA compliance for waterfowl
hunting frameworks through the annual
preparation of separate environmental
assessments, the most recent being
‘‘Duck Hunting Regulations for 2016–
17,’’ with its corresponding January
2016 finding of no significant impact. In
addition, an August 1985 environmental
assessment entitled ‘‘Guidelines for
Migratory Bird Hunting Regulations on
Federal Indian Reservations and Ceded
Lands’’ is available from the person
indicated under the caption FOR
FURTHER INFORMATION CONTACT.
Endangered Species Act Consideration
Section 7 of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531
et seq.), provides that, ‘‘The Secretary
shall review other programs
administered by him and utilize such
programs in furtherance of the purposes
of this Act’’ (and) shall ‘‘insure that any
action authorized, funded, or carried out
* * * is not likely to jeopardize the
continued existence of any endangered
species or threatened species or result in
the destruction or adverse modification
of [critical] habitat. * * *.’’
Consequently, we conducted formal
consultations to ensure that actions
resulting from these regulations would
not likely jeopardize the continued
existence of endangered or threatened
species or result in the destruction or
adverse modification of their critical
habitat. Findings from these
consultations are included in a
biological opinion, which concluded
that the regulations are not likely to
jeopardize the continued existence of
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any endangered or threatened species.
Additionally, these findings may have
caused modification of some regulatory
measures previously proposed, and the
final frameworks reflect any such
modifications. Our biological opinions
resulting from this section 7
consultation are public documents
available for public inspection at the
address indicated under ADDRESSES.
Regulatory Planning and Review
(Executive Orders 12866 and 13563)
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs (OIRA) will review all significant
rules. OIRA has reviewed this rule and
has determined that this rule is
significant because it would have an
annual effect of $100 million or more on
the economy.
Executive Order 13563 reaffirms the
principles of E.O. 12866 while calling
for improvements in the nation’s
regulatory system to promote
predictability, to reduce uncertainty,
and to use the best, most innovative,
and least burdensome tools for
achieving regulatory ends. The
executive order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
public participation and an open
exchange of ideas. We have developed
this rule in a manner consistent with
these requirements.
An updated economic analysis was
prepared for the 2013–14 season. This
analysis was based on data from the
newly released 2011 National Hunting
and Fishing Survey, the most recent
year for which data are available (see
discussion in Regulatory Flexibility Act
section below). This analysis estimated
consumer surplus for three alternatives
for duck hunting (estimates for other
species are not quantified due to lack of
data). The alternatives were: (1) Issue
restrictive regulations allowing fewer
days than those issued during the 2012–
13 season, (2) issue moderate
regulations allowing more days than
those in alternative 1, and (3) issue
liberal regulations identical to the
regulations in the 2012–13 season. For
the 2013–14 season, we chose
Alternative 3, with an estimated
consumer surplus across all flyways of
$317.8–$416.8 million. For the 2016–17
season, we have also chosen alternative
3. We also chose alternative 3 for the
2009–10, the 2010–11, the 2011–12, the
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2012–13, the 2014–15, and the 2015–16
seasons. The 2013–14 analysis is part of
the record for this rule and is available
at https://www.regulations.gov at Docket
No. FWS–HQ–MB–2015–0034.
Regulatory Flexibility Act
The annual migratory bird hunting
regulations have a significant economic
impact on substantial numbers of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). We analyzed
the economic impacts of the annual
hunting regulations on small business
entities in detail as part of the 1981 costbenefit analysis. This analysis was
revised annually from 1990–95. In 1995,
the Service issued a Small Entity
Flexibility Analysis (Analysis), which
was subsequently updated in 1996,
1998, 2004, 2008, and 2013. The
primary source of information about
hunter expenditures for migratory game
bird hunting is the National Hunting
and Fishing Survey, which is conducted
at 5-year intervals. The 2013 Analysis
was based on the 2011 National Hunting
and Fishing Survey and the U.S.
Department of Commerce’s County
Business Patterns, from which it was
estimated that migratory bird hunters
would spend approximately $1.5 billion
at small businesses in 2013. Copies of
the Analysis are available upon request
from the person listed under FOR
FURTHER INFORMATION CONTACT, from our
Web site at https://www.fws.gov/
migratorybirds, or at https://
www.regulations.gov at Docket No.
FWS–HQ–MB–2015–0034.
Small Business Regulatory Enforcement
Fairness Act
This rule is a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
For the reasons outlined above, this rule
will have an annual effect on the
economy of $100 million or more.
However, because this rule establishes
hunting seasons, we are not deferring
the effective date under the exemption
contained in 5 U.S.C. 808(1).
Paperwork Reduction Act
This final rule does not contain any
new information collection that requires
approval under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). We may not conduct or sponsor
and you are not required to respond to
a collection of information unless it
displays a currently valid Office of
Management and Budget (OMB) control
number. OMB has reviewed and
approved the information collection
requirements associated with migratory
bird surveys and assigned the following
OMB control numbers:
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62409
• 1018–0019—North American
Woodcock Singing Ground Survey
(expires 5/31/2018).
• 1018–0023—Migratory Bird
Surveys (expires 6/30/2017). Includes
Migratory Bird Harvest Information
Program, Migratory Bird Hunter
Surveys, Sandhill Crane Survey, and
Parts Collection Survey.
Unfunded Mandates Reform Act
We have determined and certify, in
compliance with the requirements of the
Unfunded Mandates Reform Act, 2
U.S.C. 1502 et seq., that this rulemaking
will not impose a cost of $100 million
or more in any given year on local or
State government or private entities.
Therefore, this rule is not a ‘‘significant
regulatory action’’ under the Unfunded
Mandates Reform Act.
Civil Justice Reform—Executive Order
12988
The Department, in promulgating this
rule, has determined that this rule will
not unduly burden the judicial system
and that it meets the requirements of
sections 3(a) and 3(b)(2) of Executive
Order 12988.
Takings Implication Assessment
In accordance with Executive Order
12630, this rule, authorized by the
Migratory Bird Treaty Act (16 U.S.C.
703–711), does not have significant
takings implications and does not affect
any constitutionally protected property
rights. This rule will not result in the
physical occupancy of property, the
physical invasion of property, or the
regulatory taking of any property. In
fact, this rule allows hunters to exercise
otherwise unavailable privileges and,
therefore, reduces restrictions on the use
of private and public property.
Energy Effects—Executive Order 13211
Executive Order 13211 requires
agencies to prepare Statements of
Energy Effects when undertaking certain
actions. While this rule is a significant
regulatory action under Executive Order
12866, it is not expected to adversely
affect energy supplies, distribution, or
use. Therefore, this action is not a
significant energy action and no
Statement of Energy Effects is required.
Government-to-Government
Relationship With Tribes
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government-to-Government Relations
with Native American Tribal
Governments’’ (59 FR 22951), Executive
Order 13175, and 512 DM 2, we have
evaluated possible effects on Federally
recognized Indian tribes and have
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determined that there are no effects on
Indian trust resources. However, in the
August 6, 2015, Federal Register (80 FR
47388), we solicited proposals for
special migratory bird hunting
regulations for certain Tribes on Federal
Indian reservations, off-reservation trust
lands, and ceded lands for the 2016–17
migratory bird hunting season. The
resulting proposals were contained in a
separate May 27, 2016, proposed rule
(81 FR 34226). By virtue of these
actions, we have consulted with affected
Tribes.
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Federalism Effects
Due to the migratory nature of certain
species of birds, the Federal
Government has been given
responsibility over these species by the
Migratory Bird Treaty Act. We annually
prescribe frameworks from which the
States make selections regarding the
hunting of migratory birds, and we
employ guidelines to establish special
regulations on Federal Indian
reservations and ceded lands. This
process preserves the ability of the
States and tribes to determine which
seasons meet their individual needs.
Any State or Indian tribe may be more
restrictive than the Federal frameworks
at any time. The frameworks are
developed in a cooperative process with
the States and the Flyway Councils.
This process allows States to participate
in the development of frameworks from
which they will make selections,
thereby having an influence on their
own regulations. These rules do not
have a substantial direct effect on fiscal
capacity, change the roles or
responsibilities of Federal or State
governments, or intrude on State policy
or administration. Therefore, in
accordance with Executive Order 13132,
these regulations do not have significant
federalism effects and do not have
sufficient federalism implications to
warrant the preparation of a federalism
summary impact statement.
Regulation Promulgation
The rulemaking process for migratory
game bird hunting must, by its nature,
operate under severe time constraints.
However, we intend that the public be
given the greatest possible opportunity
to comment. Thus, when the
preliminary proposed rulemaking was
published, we established what we
believed were the longest periods
possible for public comment. In doing
this, we recognized that when the
comment period closed, time would be
of the essence. That is, if there were a
delay in the effective date of these
regulations after this final rulemaking,
Tribes would have insufficient time to
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publicize the necessary regulations and
procedures to their hunters. We
therefore find that ‘‘good cause’’ exists,
within the terms of 5 U.S.C. 553(d)(3) of
the Administrative Procedure Act, and
this rule will, therefore, take effect
immediately upon publication.
Accordingly, with each participating
Tribe having had an opportunity to
participate in selecting the hunting
seasons desired for its reservation or
ceded territory on those species of
migratory birds for which open seasons
are now prescribed, and consideration
having been given to all other relevant
matters presented, certain sections of
title 50, chapter I, subchapter B, part 20,
subpart K, are hereby amended as set
forth below.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting
and recordkeeping requirements,
Transportation, Wildlife.
Accordingly, part 20, subchapter B,
chapter I of title 50 of the Code of
Federal Regulations is amended as
follows:
PART 20—MIGRATORY BIRD
HUNTING
Authority: Migratory Bird Treaty Act, 40
Stat. 755, 16 U.S.C. 703–712; Fish and
Wildlife Act of 1956, 16 U.S.C. 742a–j; Public
Law 106–108, 113 Stat. 1491, Note Following
16 U.S.C. 703.
Note: The following hunting regulations
provided for by 50 CFR 20.110 will not
appear in the Code of Federal Regulations
because of their seasonal nature.
2. Section 20.110 is revised to read as
follows:
■
§ 20.110 Seasons, limits, and other
regulations for certain Federal Indian
reservations, Indian Territory, and ceded
lands.
Unless specifically provided for
below, all of the regulations contained
in 50 CFR part 20 apply to the seasons
listed herein.
(a) [Reserved.]
(b) Confederated Salish and Kootenai
Tribes, Flathead Indian Reservation,
Pablo, Montana (Tribal Members and
Nontribal Hunters).
Tribal Members Only
Ducks (Including Mergansers)
Season Dates: Open September 1,
2016, through March 9, 2017.
Daily Bag and Possession Limits: The
Tribe does not have specific bag and
possession restrictions for Tribal
members. The season on harlequin duck
is closed.
Frm 00058
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Geese
Season Dates: Same as ducks.
Daily Bag and Possession Limits:
Same as ducks.
Nontribal Hunters
Ducks (Including Mergansers)
Season Dates: Open October 1, 2016,
through January 8, 2017, and open
January 14 through 18, 2017.
Scaup
Season Dates: Open October 1
through December 25, 2016.
Daily Bag and Possession Limits:
Seven ducks, including no more than
two hen mallards, two pintail, three
scaup (when open), two canvasback,
and two redheads. The possession limit
is three times the daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25
and 25, respectively.
Geese
1. The authority citation for part 20
continues to read as follows:
■
PO 00000
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits:
Same as ducks.
Dark Geese
Season Dates: Open October 1, 2016,
through January 8, 2017, and open
January 14 through 18, 2017.
Daily Bag and Possession Limits: 4
and 12, respectively.
Light Geese
Season Dates: Same as for dark geese.
Daily Bag and Possession Limits: 20
and 60, respectively.
General Conditions: Tribal and
nontribal hunters must comply with all
basic Federal migratory bird hunting
regulations contained in 50 CFR part 20
regarding manner of taking. In addition,
shooting hours are one-half hour before
sunrise to one-half hour after sunset,
and each waterfowl hunter 16 years of
age or older must carry on his/her
person a valid Migratory Bird Hunting
and Conservation Stamp (Duck Stamp)
signed in ink across the stamp face.
Special regulations established by the
Confederated Salish and Kootenai
Tribes also apply on the reservation.
(c) Fond du Lac Band of Lake
Superior Chippewa Indians, Cloquet,
Minnesota (Tribal Members Only).
Ducks
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
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Common Snipe
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
Season Dates: Open September 1,
2016, through January 31, 2017.
Daily Bag Limit: 10 geese.
Season Dates: Begin September 1 and
end November 30, 2016.
Daily Bag Limit: Eight common snipe.
Woodcock
All Areas
Season Dates: Begin September 1 and
end November 30, 2016.
Daily Bag Limit: Three woodcock.
Mourning Doves
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.
All Areas
Season Dates: Begin September 1 and
end November 30, 2016.
Daily Bag Limit: 30 mourning doves.
General Conditions
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
1854 and 1837 Ceded Territories
Season Dates: Begin September 1 and
end November 30, 2016.
Daily Bag Limit: 20 geese.
Reservation
Season Dates: Begin September 1 and
end November 30, 2016.
Daily Bag Limit: 20 geese.
Coots and Common Moorhens
(Common Gallinules)
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.
Reservation
Season Dates: Begin September 1 and
end November 30, 2016.
Daily Bag Limit: 20 coots and
common moorhens, singly or in the
aggregate.
Sandhill Cranes: 1854 and 1837 Ceded
Territories
Season Dates: Begin September 1 and
end November 30, 2016.
Daily Bag Limit: Two sandhill cranes.
Crane carcass tags are required prior to
hunting.
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Canada and Snow Geese
All Areas
which may be hens), 9 black ducks, 9
scaup, 9 wood ducks, 9 redheads, 9
pintails, and 9 canvasbacks.
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.
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1. While hunting waterfowl, a tribal
member must carry on his/her person a
valid Ceded Territory License.
2. Shooting hours for migratory birds
are one-half hour before sunrise to onehalf hour after sunset.
3. Except as otherwise noted, tribal
members will be required to comply
with tribal codes that will be no less
restrictive than the provisions of
Chapter 10 of the Model Off-Reservation
Code. Except as modified by the Service
rules adopted in response to this
proposal, these amended regulations
parallel Federal requirements in 50 CFR
part 20 as to hunting methods,
transportation, sale, exportation, and
other conditions generally applicable to
migratory bird hunting.
4. Band members in each zone will
comply with State regulations providing
for closed and restricted waterfowl
hunting areas.
5. There are no possession limits for
migratory birds. For purposes of
enforcing bag limits, all migratory birds
in the possession or custody of band
members on ceded lands will be
considered to have been taken on those
lands unless tagged by a tribal or State
conservation warden as having been
taken on-reservation. All migratory
birds that fall on reservation lands will
not count as part of any off-reservation
bag or possession limit.
(d) Grand Traverse Band of Ottawa
and Chippewa Indians, Suttons Bay,
Michigan (Tribal Members Only).
Other Geese (White-Fronted Geese and
Brant)
Season Dates: Open September 20
through December 30, 2016.
Daily Bag Limit: Five geese.
Sora Rails, Common Snipe, and
Woodcock
Season Dates: Open September 1
through November 14, 2016.
Daily Bag Limit: 10 rails, 10 snipe,
and 5 woodcock.
Mourning Doves
Season Dates: Open September 1
through November 14, 2016.
Daily Bag Limit: 10 mourning doves.
Sandhill Crane
Season Dates: Open September 1
through November 14, 2016.
Daily Bag Limit: Two sandhill crane,
with a season limit of six.
General Conditions: A valid Grand
Traverse Band Tribal license is required
and must be in possession before taking
any wildlife. Shooting hours for
migratory birds are one-half hour before
sunrise to one-half hour after sunset. All
other basic regulations contained in 50
CFR part 20 are valid. Other tribal
regulations apply, and may be obtained
at the tribal office in Suttons Bay,
Michigan.
(e) Great Lakes Indian Fish and
Wildlife Commission, Odanah,
Wisconsin (Tribal Members Only).
The 2016–17 waterfowl hunting
season regulations apply to all treaty
areas (except where noted):
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.
Ducks
Geese
Season Dates: Open September 1,
2016, through January 15, 2017.
Daily Bag Limit: 25 ducks, which may
include no more than 6 pintail, 4
canvasback, 6 black ducks, 1 hooded
merganser, 6 wood ducks, 5 redheads,
and 12 mallards (only 6 of which may
be hens).
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.
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Other Migratory Birds
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.
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.
Common Snipe
Season Dates: Begin September 1 and
end December 31, 2016.
Daily Bag Limit: 16 common snipe.
Woodcock
Season Dates: Begin September 6 and
end December 31, 2016.
Daily Bag Limit: 10 woodcock.
Mourning Dove
1837 and 1842 Ceded Territories Only
Season Dates: Begin September 1 and
end November 29, 2016.
Daily Bag Limit: 15 mourning doves.
Sandhill Cranes
1837 and 1842 Ceded Territories Only
Season Dates: Begin September 1 and
end December 31, 2016.
Daily Bag Limit: 2 cranes.
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.
ehiers on DSK5VPTVN1PROD with RULES
General Conditions
A. All tribal members are required to
obtain a valid tribal waterfowl hunting
permit.
B. Except as otherwise noted, tribal
members are required to comply with
tribal codes that are 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,
VerDate Sep<11>2014
15:26 Sep 08, 2016
Jkt 238001
exportation, and other conditions
generally applicable to migratory bird
hunting. They also automatically
incorporate by reference the Federal
migratory bird regulations.
C. Particular regulations of note
include:
1. Nontoxic shot is required for all
waterfowl hunting by tribal members.
2. Tribal members in each zone must
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 are 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 do not
count as part of any off-reservation bag
or possession limit.
4. The baiting restrictions included in
the respective section 10.05(2)(h) of the
model ceded territory conservation
codes will be amended to include
language which parallels that in place
for nontribal members as published at
64 FR 29799, June 3, 1999.
5. There are no shell limit restrictions.
6. Hunting hours are from 30 minutes
before sunrise to 30 minutes after
sunset.
(f) Jicarilla Apache Tribe, Jicarilla
Indian Reservation, Dulce, New Mexico
(Tribal Members and Nontribal
Hunters).
Ducks (Including Mergansers)
Season Dates: Open October 8
through November 30, 2016.
Daily Bag and Possession Limits: The
daily bag limit is seven, including no
more than two hen mallards, two
pintail, two redheads, two canvasback,
and three scaup. The possession limit is
three times the daily bag limit.
Stamp) signed in ink across the stamp
face. Special regulations established by
the Jicarilla Tribe also apply on the
reservation.
(g) Kalispel Tribe, Kalispel
Reservation, Usk, Washington (Tribal
Members and Nontribal Hunters).
Nontribal Hunters on Reservation
Geese
Season Dates: Open September 10
through September 11, 2016; open
September 17 through September 18,
2016; and open October 1, 2016,
through January 20, 2017. During these
period, days to be hunted are specified
by the Kalispel Tribe. Nontribal hunters
should contact the Tribe for more detail
on hunting days.
Daily Bag and Possession Limits: 5
Canada geese for the early season, and
3 light geese and 4 dark geese, for the
late season. The daily bag limit is 2
brant (when the State’s season is open)
and is in addition to dark goose limits
for the late-season. The possession limit
is twice the daily bag limit.
Ducks
Season Dates: Open September 24,
2016, through January 8, 2017.
Scaup
Season Dates: Open September 24,
2016, through December 18, 2017.
Daily Bag and Possession Limits: 7
ducks, including no more than 2 female
mallards, 2 pintail, 1 canvasback, 3
scaup (when open), and 2 redheads. The
possession limit is twice the daily bag
limit.
Tribal Hunters Within Kalispel Ceded
Lands
Ducks
Season Dates: Open October 10, 2016,
through January 31, 2017.
Daily Bag and Possession Limits: 7
ducks, including no more than 2 female
mallards, 2 pintail, 1 canvasback, 3
scaup, and 2 redheads. The possession
limit is twice the daily bag limit.
Canada Geese
Geese
Season Dates: Open October 8
through November 30, 2016.
Daily Bag and Possession Limits: Two
and six, respectively.
General Conditions: Tribal and
nontribal hunters must comply with all
basic Federal migratory bird hunting
regulations in 50 CFR part 20 regarding
shooting hours and manner of taking. In
addition, each waterfowl hunter 16
years of age or older must carry on his/
her person a valid Migratory Bird
Hunting and Conservation Stamp (Duck
Season Dates: Open September 10,
2016, through January 31, 2017.
Daily Bag Limit: 6 light geese and 4
dark geese. The daily bag limit is 2 brant
and is in addition to dark goose limits.
General: Tribal members must possess
a validated Migratory Bird Hunting and
Conservation Stamp and a tribal ceded
lands permit.
(h) [Reserved.]
(i) Leech Lake Band of Ojibwe, Cass
Lake, Minnesota (Tribal Members Only).
PO 00000
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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
Ducks
Season Dates: Open September 17
through December 31, 2016.
Daily Bag Limits: 10 ducks, including
no more than 5 pintail, 5 canvasback,
and 5 black ducks.
Geese
Season Dates: Open September 1
through December 31, 2016.
Daily Bag Limits: 10 geese.
General: Possession limits are twice
the daily bag limits. Shooting hours are
one-half hour before sunrise to one-half
hour after sunset. Nontoxic shot is
required. Use of live decoys, bait, and
commercial use of migratory birds are
prohibited. Waterfowl may not be
pursued or taken while using motorized
craft.
(j) Little River Band of Ottawa
Indians, Manistee, Michigan (Tribal
Members Only).
1836 Ceded Territory and Tribal
Reservation:
Ducks
Season Dates: Open September 9,
2016, through January 22, 2017.
Daily Bag Limits: 12 ducks, including
no more than 6 mallards (2 of which
may be hens), 3 black ducks, 3
redheads, 3 wood ducks, 2 pintail, 1
hooded merganser, and 2 canvasback.
Canada Geese
Season Dates: Open September 1,
2016, through February 5, 2017.
Daily Bag Limit: Five.
White-fronted Geese, Brant, and Snow
Geese
Season Dates: Open September 7
through December 4, 2016.
Daily Bag Limit: Five.
ehiers on DSK5VPTVN1PROD with RULES
Woodcock, Mourning Doves, Snipe, and
Sora and Virginia Rails
Season Dates: Open September 1
through November 13, 2016.
Daily Bag Limit: 5 woodcock and 10
each of the other species.
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.
VerDate Sep<11>2014
15:26 Sep 08, 2016
Jkt 238001
(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.
E. Possession limits are twice the
daily bag limits.
(k) The Little Traverse Bay Bands of
Odawa Indians, Petoskey, Michigan
(Tribal Members Only).
Ducks
Season Dates: Open September 1,
2016, through January 31, 2017.
Daily Bag Limits: 20 ducks, including
no more than 5 hen mallards, 5 black
ducks, 5 redheads, 5 wood ducks, 5
pintail, 5 scaup, and 5 canvasback.
Mergansers
Season Dates: Open September 15,
2016, through January 31, 2017.
Daily Bag Limits: 10 mergansers,
including no more than 5 hooded
mergansers.
Coots and Gallinules
Season Dates: Open September 15
through December 31, 2016.
Daily Bag Limit: 20.
Canada Geese
Season Dates: Open September 1,
2016, through February 8, 2017.
Daily Bag Limit: 20 in the aggregate.
Sora and Virginia Rails
Season Dates: Open September 1
through December 31, 2016.
Daily Bag Limit: 20.
Snipe
Season Dates: Open September 1
through December 31, 2016.
Daily Bag Limit: 16.
Mourning Doves
Season Dates: Open September 1
through November 14, 2016.
Daily Bag Limit: 15.
Woodcock
Season Dates: Open September 1
through December 1, 2016.
Daily Bag Limit: 10.
Sandhill Cranes
Season Dates: Open September 1
through December 1, 2016.
Daily Bag Limit: 1.
General: Possession limits are twice
the daily bag limits.
(l) Lower Brule Sioux Tribe, Lower
Brule Reservation, Lower Brule, South
PO 00000
Frm 00061
Fmt 4700
Sfmt 4700
62413
Dakota (Tribal Members and Nontribal
Hunters).
Tribal Members
Ducks, Mergansers, and Coots
Season Dates: Open September 1,
2016, through March 10, 2017.
Daily Bag and Possession Limits: 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 Coot daily
bag limit is 15. Merganser daily bag
limit is five, including no more than two
hooded mergansers. The possession
limit is three times the daily bag limit.
Canada Geese
Season Dates: Open September 1,
2016, through March 10, 2017.
Daily Bag and Possession Limits: 6
and 18, respectively.
White-Fronted Geese
Season Dates: Open September 1,
2016, through March 10, 2017.
Daily Bag and Possession Limits: Two
and six, respectively.
Light Geese
Season Dates: Open September 1,
2016, through March 10, 2017.
Daily Bag Limit: 20.
Nontribal Hunters
Ducks (Including Mergansers and
Coots)
Season Dates: Open October 8, 2016,
through January 12, 2017.
Daily Bag and Possession Limits: Six
ducks, including five mallards (no more
of which can be two hen mallard), three
scaup, two canvasback, two redheads,
three wood ducks, one mottled duck,
and two pintail. Coot daily bag limit is
15. Merganser daily bag limit is five,
including no more than two hooded
mergansers. The possession limit is
three times the daily bag limit.
Canada Geese
Season Dates: Open October 29, 2016,
through February 12, 2017.
Daily Bag and Possession Limits: 6
and 18, respectively.
White-Fronted Geese
Season Dates: Open October 29, 2016,
through January 24, 2017.
Daily Bag and Possession Limits: Two
and six, respectively.
Light Geese
Season Dates: Open October 29, 2016,
through February 12, 2017.
Daily Bag and Possession Limits: 50
and no possession limit.
E:\FR\FM\09SER1.SGM
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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
General Conditions: All hunters must
comply with the basic Federal migratory
bird hunting regulations in 50 CFR part
20, including the use of steel shot and
shooting hours. Nontribal hunters must
possess a validated Migratory Bird
Hunting and Conservation Stamp. The
Lower Brule Sioux Tribe has an official
Conservation Code that hunters must
adhere to when hunting in areas subject
to control by the Tribe.
(m) [Reserved.]
(n) Makah Indian Tribe, Neah Bay,
Washington (Tribal Members).
Band-Tailed Pigeons
Season Dates: Open September 17
through October 23, 2016.
Daily Bag Limit: Two band-tailed
pigeons.
Season Dates: Open September 24,
2016, through January 29, 2017.
Daily Bag Limit: Seven ducks
including no more than five mallards
(only two of which can be a hen), one
redhead, one pintail, three scaup, and
one canvasback. The seasons on wood
duck and harlequin are closed. The coot
daily bag limit is 25.
Geese
Season Dates: Open September 24,
2016, through January 29, 2017.
Daily Bag Limit: Four, including no
more than one brant. The seasons on
Aleutian and dusky Canada geese are
closed.
ehiers on DSK5VPTVN1PROD with RULES
General Conditions
All other Federal regulations
contained in 50 CFR part 20 apply. The
following restrictions also apply:
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.
15:26 Sep 08, 2016
Jkt 238001
Band-Tailed Pigeons
Season Dates: Open September 1
through September 30, 2016.
Daily Bag and Possession Limits: 5
and 10 pigeons, respectively.
Mourning Doves
Ducks and Coots
VerDate Sep<11>2014
7. Shooting hours for all species of
waterfowl are one-half hour before
sunrise to sunset.
8. Open hunting areas are: GMUs 601
(Hoko), a portion of the 602 (Dickey)
encompassing the area north of a line
between Norwegian Memorial and east
to Highway 101, and 603 (Pysht).
(o) Navajo Nation, Navajo Indian
Reservation, Window Rock, Arizona
(Tribal Members and Nontribal
Hunters).
Season Dates: Open September 1
through September 30, 2016.
Daily Bag and Possession Limits: 10
and 20 doves, respectively.
Ducks (Including Mergansers and
Coots)
Season Dates: Open September 24,
2016, through January 8, 2017.
Scaup
Season Dates: Open September 24
through December 18, 2016.
Daily Bag and Possession Limits:
Seven ducks, including no more than
two hen mallards, one mottled duck,
two canvasback, three scaup (when
open), two redheads, and two pintail.
Coot daily bag limit is 25. Merganser
daily bag limit is seven. The possession
limit is three times the daily bag limit.
Canada Geese
Season Dates: Open September 24,
2016, through January 8, 2017.
Daily Bag and Possession Limits: 4
and 12, respectively.
General Conditions: Tribal and
nontribal hunters will comply with all
basic Federal migratory bird hunting
regulations in 50 CFR part 20, regarding
shooting hours and manner of taking. In
addition, each waterfowl hunter 16
years of age or over must carry on his/
her person a valid Migratory Bird
Hunting and Conservation Stamp (Duck
Stamp) signed in ink across the face.
Special regulations established by the
Navajo Nation also apply on the
reservation.
(p) Oneida Tribe of Indians of
Wisconsin, Oneida, Wisconsin (Tribal
Members Only).
Ducks (Including Mergansers)
Season Dates: Open September 17
through December 4, 2016.
Daily Bag and Possession Limits: Six,
including no more than six mallards
PO 00000
Frm 00062
Fmt 4700
Sfmt 4700
(three hen mallards), six wood ducks,
one redhead, two pintail, and one
hooded merganser. The possession limit
is twice the daily bag limit.
Geese
Season Dates: Open September 1
through December 31, 2016.
Daily Bag and Possession Limits: 5
Canada geese with a possession limit of
10. A seasonal quota of 500 birds is
adopted. If the quota is reached before
the season concludes, the season will be
closed at that time.
Woodcock
Season Dates: Open September 3
through November 6, 2016.
Daily Bag and Possession Limits: Two
and four woodcock, respectively.
Doves
Season Dates: Open September 3
through November 6, 2016.
Daily Bag and Possession Limits: 10
and 20 doves, respectively.
General Conditions: Tribal member
shooting hours are one-half hour before
sunrise to one-half hour after sunset.
Nontribal members hunting on the
Reservation or on lands under the
jurisdiction of the Tribe must comply
with all State of Wisconsin regulations,
including season dates, shooting hours,
and bag limits, which differ from tribal
member seasons. Tribal members and
nontribal members hunting on the
Reservation or on lands under the
jurisdiction of the Tribe will observe all
basic Federal migratory bird hunting
regulations found in 50 CFR part 20,
with the following exceptions: Tribal
members are exempt from the purchase
of the Migratory Waterfowl Hunting and
Conservation Stamp (Duck Stamp); and
shotgun capacity is not limited to three
shells.
(q) Point No Point Treaty Council,
Kingston, Washington (Tribal Members
Only).
Jamestown S’Klallam Tribe
Ducks
Season Dates: Open September 1,
2016, through March 10, 2017.
Daily Bag and Possession Limits:
Seven ducks, including no more than
two hen mallards, one pintail, one
canvasback, four scoters, and two
redheads. Possession limit is twice the
daily bag limit. Bag and possession
limits for harlequin ducks is one per
season.
Geese
Season Dates: Open September 9,
2016, through March 10, 2017.
Daily Bag and Possession Limits: Four
geese, and may include no more than
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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
three light geese. The season on dusky
Canada geese is closed. Possession limit
is twice the daily bag limit.
Brant
Season Dates: Open January 10
through January 25, 2017.
Daily Bag and Possession Limits: Two
and four, respectively.
Coots
Season Dates: Open September 13,
2016, through February 1, 2017.
Daily Bag and Possession Limits: 25
and 50 coots, respectively.
Snipe
Season Dates: Open September 1,
2016, through March 10, 2017.
Daily Bag and Possession Limits: 8
and 16 snipe, respectively.
Season Dates: Open September 1,
2016, through March 10, 2017.
Daily Bag and Possession Limits: Two
and four pigeons, respectively.
General: Tribal members must possess
a tribal hunting permit from the Point
No Point Tribal Council pursuant to
tribal law. Hunting hours are from onehalf hour before sunrise to sunset.
Hunters must observe all other basic
Federal migratory bird hunting
regulations in 50 CFR part 20.
(r) The Saginaw Chippewa Indian
Tribe of Michigan, Isabella Reservation,
Mt. Pleasant, Michigan (Tribal Members
Only)
Season Dates: Open September 13,
2016, through January 18, 2017.
Daily Bag and Possession Limits: 10
and 20 doves, respectively.
Snipe
Season Dates: Open September 13,
2016, through March 10, 2017.
Daily Bag and Possession Limits: 8
and 16 snipe, respectively.
Band-Tailed Pigeons
Season Dates: Open September 13,
2016, through January 18, 2017.
Daily Bag and Possession Limits: Two
and four pigeons, respectively.
Port Gamble S’Klallam Tribe
Mourning Doves
Season Dates: Open September 1,
2016, through January 31, 2017.
Daily Bag Limit: 25 doves.
Ducks
Ducks
Season Dates: Open September 1,
2016, through March 10, 2017.
Daily Bag and Possession Limits:
Seven ducks, including no more than
two hen mallards, one pintail, one
canvasback, four scoters, and two
redheads. Possession limit is twice the
daily bag limit. Bag and possession
limits for harlequin ducks is one per
season.
Geese
Season Dates: Open September 1,
2016, through March 10, 2017.
Daily Bag and Possession Limits: Four
geese, and may include no more than
three light geese. The season on dusky
Canada geese is closed. Possession limit
is twice the daily bag limit.
Brant
ehiers on DSK5VPTVN1PROD with RULES
Season Dates: Open September 1,
2016, through January 31, 2017.
Daily Bag and Possession Limits: 10
and 20 doves, respectively.
Band-Tailed Pigeons
Mourning Doves
Season Dates: Open November 9,
2016, through January 31, 2017.
Daily Bag and Possession Limits: Two
and four, respectively.
Coots
Season Dates: Open September 1,
2016, through March 10, 2017.
Daily Bag and Possession Limits: 7
and 14 coots, respectively.
VerDate Sep<11>2014
Mourning Doves
15:26 Sep 08, 2016
Jkt 238001
Season Dates: Open September 1,
2016, through January 31, 2017.
Daily Bag Limits: 20, including no
more than 5 hen mallard, 5 wood duck,
5 black duck, 5 pintail, 5 redhead, 5
scaup, and 5 canvasback.
Mergansers
Season Dates: Open September 1,
2016, through January 31, 2017.
Daily Bag Limit: 10, including no
more than 5 hooded mergansers.
Canada Geese
Season Dates: Open September 1,
2016, through January 31, 2017.
Daily Bag Limit: 20 in the aggregate.
Coots and Gallinule
Season Dates: Open September 1,
2016, through January 31, 2017.
Daily Bag Limit: 20 in the aggregate.
Woodcock
62415
Sora and Virginia Rails
Season Dates: Open September 1,
2016, through January 31, 2017.
Daily Bag Limits: 20 in the aggregate.
Sandhill Crane
Season Dates: Open September 1,
2016, through January 31, 2017.
Daily Bag Limits: One.
General: Possession limits are twice
the daily bag limits except for rails, of
which the possession limit equals the
daily bag limit (20). Tribal members
must possess a tribal hunting permit
from the Sault Ste. Marie Tribe pursuant
to tribal law. Shooting hours are onehalf hour before sunrise until one-half
hour after sunset. Hunters must observe
all other basic Federal migratory bird
hunting regulations in 50 CFR part 20.
(s) Sault Ste. Marie Tribe of Chippewa
Indians, Sault Ste. Marie, Michigan
(Tribal Members Only).
Mourning Doves
Season Dates: Open September 1
through November 14, 2016.
Daily Bag Limit: 10 doves.
Teal
Season Dates: Open September 1
through December 31, 2016.
Daily Bag Limits: 20 in the aggregate
Ducks
Season Dates: Open September 15
through December 31, 2016.
Daily Bag Limits: 20, including no
more than 10 mallards (only 5 of which
may be hens), 5 canvasback, 5 black
duck, and 5 wood duck.
Mergansers
Season Dates: Open September 15
through December 31, 2016.
Daily Bag Limit: 10 in the aggregate.
Geese
Season Dates: Open September 1
through December 31, 2016.
Daily Bag Limit: 20 in the aggregate.
Coots and Gallinule
Season Dates: Open September 1
through December 31, 2016.
Daily Bag Limit: 20 in the aggregate.
Woodcock
Season Dates: Open September 2
through December 1, 2016.
Daily Bag Limits: 10.
Common Snipe
Common Snipe
Season Dates: Open September 15
through December 31, 2016.
Daily Bag Limits: 16.
Season Dates: Open September 1,
2016, through January 31, 2017.
Daily Bag Limits: 16.
Sora and Virginia Rails
Season Dates: Open September 1
through December 31, 2016.
Season Dates: Open September 1,
2016, through January 31, 2017.
Daily Bag Limits: 10.
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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
Daily Bag Limits: 20 in the aggregate.
General: Possession limits are twice
the daily bag limits except for rails, of
which the possession limit equals the
daily bag limit (20). Tribal members
must possess a tribal hunting permit
from the Sault Ste. Marie Tribe pursuant
to tribal law. Shooting hours are onehalf hour before sunrise until one-half
hour after sunset. Hunters must observe
all other basic Federal migratory bird
hunting regulations in 50 CFR part 20.
(t) Shoshone-Bannock Tribes, Fort
Hall Indian Reservation, Fort Hall,
Idaho (Nontribal Hunters).
Ducks, Including Scaup
Duck Season Dates: Open October 8,
2016, through January 20, 2017.
Scaup Season Dates: Open October 8,
2016, through January 1, 2017.
Daily Bag and Possession Limits:
Seven ducks and mergansers, including
no more than two hen mallards, two
pintail, three scaup, two canvasback,
and two redheads. The possession limit
is three times the daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25
coots. The possession limit is three
times the daily bag limit.
Common Snipe
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 8
and 24 snipe, respectively.
Common Snipe
Canada Geese
Season Dates: Open October 8, 2016,
through January 20, 2017.
Daily Bag and Possession Limits: 4
and 12, respectively.
White-Fronted Geese
Season Dates: Open October 8, 2016,
through January 20, 2017.
Daily Bag and Possession Limits: 10
and 30, respectively.
ehiers on DSK5VPTVN1PROD with RULES
Light Geese
Season Dates: Open October 8, 2016,
through January 20, 2017.
Daily Bag and Possession Limits: 20
and 60, respectively
General Conditions: Nontribal hunters
must comply with all basic Federal
migratory bird hunting regulations in 50
CFR part 20 regarding shooting hours
and manner of taking. In addition, each
waterfowl hunter 16 years of age or
older must possess a valid Migratory
Bird Hunting and Conservation Stamp
(Duck Stamp) signed in ink across the
stamp face. Other regulations
established by the Shoshone–Bannock
Tribes also apply on the reservation.
(u) [Reserved.]
VerDate Sep<11>2014
15:26 Sep 08, 2016
Jkt 238001
(v) Spokane Tribe of Indians, Spokane shot or a nontoxic shot as required by
Federal regulations.
Indian Reservation and Ceded Lands,
(y) Swinomish Indian Tribal
Wellpinit, Washington (Tribal Members
Community, LaConner, Washington
Only).
(Tribal Members Only). Ceded Territory
Ducks
and Swinomish Reservation
Season Dates: Open September 2,
Ducks and Mergansers
2016, through January 31, 2017.
Season Dates: Open September 1,
Daily Bag and Possession Limits:
2016, through March 9, 2017.
Seven ducks, including no more than
Daily Bag and Possession Limits: 20
two hen mallards, two pintail, two
and 40, respectively.
canvasback, three scaup, and two
redheads. Possession limit is twice the
Canada Geese
daily bag limit.
Season Dates: Open September 1,
Geese
2016, through March 9, 2017.
Daily Bag and Possession Limits: 10
Season Dates: Open September 2,
and 20 geese, respectively.
2016, through January 31, 2017.
Daily Bag and Possession Limits: Four Brant
dark geese and six light geese.
Season Dates: Open September 1,
Possession limit is twice the daily bag
2016, through March 9, 2017.
limit.
Daily Bag and Possession Limits: 5
General Conditions: All tribal hunters and 10 brant, respectively.
must have a valid Tribal identification
card on his or her person while hunting. Coots
Shooting hours are one-half hour before
Season Dates: Open September 1,
sunrise to sunset, and steel shot is
2016, through March 9, 2017.
Daily Bag and Possession Limits: 25
required for all migratory bird hunting.
and 75 coots, respectively.
Hunters must observe all other basic
Federal migratory bird hunting
Mourning Dove
regulations in 50 CFR part 20.
Season Dates: Open September 1,
(w) [Reserved.]
2016, through March 9, 2017.
(x) Stillaguamish Tribe of Indians,
Daily Bag and Possession Limits: 15
Arlington, Washington (Tribal Members
and 30 mourning dove, respectively.
Only).
Season Dates: Open October 1, 2016,
through January 31, 2017.
Daily Bag and Possession Limits: 10
and 30, respectively.
Ducks
Season Dates: Open October 1, 2016,
through March 10, 2017.
Daily Bag and Possession Limits: 10
ducks. The possession limit is three
times the daily bag limit.
Coots
Season Dates: Open October 1, 2016,
through March 10, 2017.
Daily Bag and Possession Limits: 25
coots. The possession limit is three
times the daily bag limit.
Geese
Season Dates: Open October 1, 2016,
through March 10, 2017.
Daily Bag and Possession Limits: 6
and 18, respectively. The season on
brant is closed.
General Conditions: Tribal members
hunting on lands will observe all basic
Federal migratory bird hunting
regulations found in 50 CFR part 20,
which will be enforced by the
Stillaguamish Tribal Law Enforcement.
Tribal members are required to use steel
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
Band-Tailed Pigeon
Season Dates: Open September 1,
2016, through March 9, 2017.
Daily Bag and Possession Limits:
Three and six band-tailed pigeon,
respectively.
(z) The Tulalip Tribes of Washington,
Tulalip Indian Reservation, Marysville,
Washington (Tribal Members Only).
Ducks and Mergansers
Season Dates: Open September 1,
2016, through February 28, 2017.
Daily Bag and Possession Limits:
Seven ducks, including no more than
two hen mallards, two pintail, two
canvasback, three scaup, and two
redheads. Possession limit is twice the
daily bag limit.
Geese
Season Dates: Open September 1,
2016, through February 28, 2017.
Daily Bag and Possession Limits:
Seven geese, including no more than
four cackling and dusky Canada geese.
Possession limit is twice the daily bag
limit.
Brant
Season Dates: Open September 1,
2016, through February 28, 2017.
Daily Bag and Possession Limits: Two
and four brant, respectively.
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Teal
Coots
Season Dates: Open September 1,
2016, through February 28, 2017.
Daily Bag and Possession Limits: 25
and 25 coots, respectively.
Season Dates: Open October 10, 2016,
through February 18, 2017.
Daily Bag Limits: 10 teal.
Snipe
Season Dates: Open September 1,
2016, through February 28, 2017.
Daily Bag and Possession Limits: 8
and 16 snipe, respectively.
General Conditions: All tribal hunters
must have a valid Tribal identification
card on his or her person while hunting.
All nontribal hunters must obtain and
possess while hunting a valid Tulalip
Tribe hunting permit and be
accompanied by a Tulalip Tribal
member. Shooting hours are one-half
hour before sunrise to sunset, and steel
shot is required for all migratory bird
hunting. Hunters must observe all other
basic Federal migratory bird hunting
regulations in 50 CFR part 20.
(aa) Upper Skagit Indian Tribe, Sedro
Woolley, Washington (Tribal Members
Only).
Coots
Season Dates: Open October 1, 2016,
through February 15, 2017.
Daily Bag and Possession Limits: 20
and 30, respectively.
ehiers on DSK5VPTVN1PROD with RULES
Geese
Season Dates: Open October 1, 2016,
through February 28, 2017.
Daily Bag and Possession Limits: 7
and 10 geese, respectively.
Brant
Season Dates: Open November 1
through 10, 2016.
Daily Bag and Possession Limits: Two
and two, respectively.
General Conditions: Tribal members
must have the tribal identification and
harvest report card on their person to
hunt. Tribal members hunting on the
Reservation will observe all basic
Federal migratory bird hunting
regulations found in 50 CFR part 20,
except shooting hours would be 15
minutes before official sunrise to 15
minutes after official sunset.
(bb) Wampanoag Tribe of Gay Head,
Aquinnah, Massachusetts (Tribal
Members Only).
Jkt 238001
Sea Ducks
Season Dates: Open October 3, 2016,
through February 18, 2017.
Daily Bag Limits: Seven ducks
including no more than four of any one
species (only one of which may be a hen
eider).
Woodcock
Canada Geese
Ducks
Season Dates: Open October 1, 2016,
through February 28, 2017.
Daily Bag and Possession Limits: 15
and 20, respectively.
15:26 Sep 08, 2016
Season Dates: Open October 10, 2016,
through February 18, 2017.
Daily Bag Limits: Six ducks, including
no more than four hen mallards, six
black ducks, four mottled ducks, one
fulvous whistling duck, four
mergansers, three scaup, two hooded
merganser, three wood ducks, one
canvasback, two redheads, and two
pintail. The season is closed for
harlequin ducks.
Season Dates: Open October 10
through November 26, 2016.
Daily Bag Limits: Three woodcock.
Mourning Doves
Season Dates: Open September 1
through December 31, 2016.
Daily Bag and Possession Limits: 12
and 15 mourning doves, respectively.
VerDate Sep<11>2014
Ducks
Season Dates: Open September 1
through 17, 2016, and open October 24,
2016, through February 18, 2017.
Daily Bag Limits: Eight Canada geese.
Snow Geese
Season Dates: Open September 1
through 17, 2016, and open November
21, 2016, through February 20, 2017.
Daily Bag Limits: 15 snow geese.
Sora and Virginia Rails
Season Dates: Open September 1
through November 5, 2016.
Daily Bag Limits: 5 sora and 10
Virginia rails.
Snipe
Season Dates: Open September 1
through December 8, 2016.
Daily Bag Limits: Eight snipe.
General Conditions: Shooting hours
are one-half hour before sunrise to
sunset. Nontoxic shot is required. All
other basic Federal migratory bird
hunting regulations contained in 50 CFR
part 20 will be observed.
(cc) White Earth Band of Ojibwe,
White Earth, Minnesota (Tribal
Members Only).
Ducks
Season Dates: Open September 10
through December 18, 2016.
Daily Bag Limit for Ducks: 10 ducks,
including no more than 2 female
mallards, 1 pintail, and 1 canvasback.
PO 00000
Frm 00065
Fmt 4700
Sfmt 4700
62417
Mergansers
Season Dates: Open September 10
through December 18, 2016.
Daily Bag Limit for Mergansers: Five
mergansers, including no more than two
hooded mergansers.
Geese
Season Dates: Open September 1
through December 15, 2016.
Daily Bag Limit: 12 geese through
September 23, and 5 thereafter.
Coots
Season Dates: Open September 1
through November 30, 2016.
Daily Bag Limit: 20 coots.
Snipe
Season Dates: Open September 1
through November 30, 2016.
Daily Bag Limit: 10 snipe.
Mourning Dove
Season Dates: Open September 1
through November 30, 2016.
Daily Bag Limit: 25 mourning dove.
Woodcock
Season Dates: Open September 1
through November 30, 2016.
Daily Bag Limit: 10 woodcock.
Rail
Season Dates: Open September 1
through November 30, 2016.
Daily Bag Limit: 25 rail.
General Conditions: Shooting hours
are one-half hour before sunrise to onehalf hour after sunset. Nontoxic shot is
required. All other basic Federal
migratory bird hunting regulations
contained in 50 CFR part 20 will be
observed.
(dd) White Mountain Apache Tribe,
Fort Apache Indian Reservation,
Whiteriver, Arizona (Tribal Members
and Nontribal Hunters).
Band-Tailed Pigeons (Wildlife
Management Unit 10 and Areas South
of Y–70 and Y–10 in Wildlife
Management Unit 7, Only)
Season Dates: Open September 1
through 15, 2016.
Daily Bag and Possession Limits:
Three and six pigeons, respectively.
Mourning Doves (Wildlife Management
Unit 10 and Areas South of Y–70 and
Y–10 in Wildlife Management Unit 7,
Only)
Season Dates: Open September 1
through 15, 2016.
Daily Bag and Possession Limits: 10
and 20 doves, respectively.
Ducks and Mergansers
Season Dates: Open October 15, 2016,
through January 29, 2017.
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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
Scaup
Season Dates: Open November 5,
2016, through January 29, 2017.
Daily Bag Limits: Seven including no
more than two redheads, two pintail,
three scaup (when open), seven
mallards (including no more than two
hen mallards), and two canvasback.
Possession Limits: Twice the daily bag
limit.
ehiers on DSK5VPTVN1PROD with RULES
Coots
Season Dates: Open October 15, 2016,
through January 29, 2017.
Daily Bag and Possession Limits: 25
and 50, respectively.
VerDate Sep<11>2014
15:26 Sep 08, 2016
Jkt 238001
Canada Geese
Season Dates: Open October 15, 2016,
through January 29, 2017.
Daily Bag and Possession Limits:
Three and six Canada geese,
respectively.
General Conditions: All nontribal
hunters hunting band-tailed pigeons
and mourning doves on Reservation
lands shall have in their possession a
valid White Mountain Apache Daily or
Yearly Small Game Permit. In addition
to a small game permit, all nontribal
hunters hunting band-tailed pigeons
must have in their possession a White
PO 00000
Frm 00066
Fmt 4700
Sfmt 9990
Mountain Special Band-tailed Pigeon
Permit. Other special regulations
established by the White Mountain
Apache Tribe apply on the reservation.
Tribal and nontribal hunters will
comply with all basic Federal migratory
bird hunting regulations in 50 CFR part
20 regarding shooting hours and manner
of taking.
Dated: August 31, 2016.
Karen Hyun,
Acting Principal Deputy Assistant Secretary
for Fish and Wildlife and Parks.
[FR Doc. 2016–21739 Filed 9–8–16; 8:45 am]
BILLING CODE 4333–15–P
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]]>Agencies
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Rules and Regulations]
[Pages 62404-62418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21739]
=======================================================================
-----------------------------------------------------------------------
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; Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations and Ceded Lands for the 2016-17
Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule prescribes special migratory bird hunting
regulations for certain Tribes on Federal Indian reservations, off-
reservation trust lands, and ceded lands. This rule responds to tribal
requests for U.S. Fish and Wildlife Service (hereinafter Service or we)
recognition of their authority to regulate hunting under established
guidelines. This rule allows the establishment of season bag limits
and, thus, harvest at levels compatible with populations and habitat
conditions.
DATES: This rule takes effect on September 9, 2016.
ADDRESSES: You may inspect comments received on the special hunting
regulations and Tribal proposals during normal business hours at U.S.
Fish and Wildlife Headquarters, 5275 Leesburg Pike, Falls Church, VA
22041-3803, or at https://www.regulations.gov at Docket No. FWS-HQ-MB-
2015-0034.
FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, U.S. Fish and Wildlife
Service, Department of the Interior, MS: MB, 5275 Leesburg Pike, Falls
Church, VA 22041-3803; (703) 358-1967.
SUPPLEMENTARY INFORMATION:
Background
The Migratory Bird Treaty Act of July 3, 1918 (16 U.S.C. 703 et
seq.), authorizes and directs the Secretary of the Department of the
Interior, having due regard for the zones of temperature and for the
distribution, abundance, economic value, breeding habits, and times and
lines of flight of migratory game birds, to determine when, to what
extent, and by what means such birds or any part, nest, or egg thereof
may be taken, hunted, captured, killed, possessed, sold, purchased,
shipped, carried, exported, or transported.
In the May 27, 2016, Federal Register (81 FR 34226), we proposed
special migratory bird hunting regulations for the 2016-17 hunting
season for certain Indian tribes, under the guidelines described in the
June 4, 1985, Federal Register (50 FR 23467). The guidelines respond to
tribal requests for Service recognition of their reserved hunting
rights, and for some tribes, recognition of their authority to regulate
hunting by both tribal members and nonmembers on their reservations.
The guidelines include possibilities for:
(1) On-reservation hunting by both tribal members and nonmembers,
with hunting by nontribal members on some reservations to take place
within Federal frameworks but on dates different from those selected by
the surrounding State(s);
(2) On-reservation hunting by tribal members only, outside of usual
Federal frameworks for season dates and length, and for daily bag and
possession limits; and
(3) Off-reservation hunting by tribal members on ceded lands,
outside of usual framework dates and season length, with some added
flexibility in
[[Page 62405]]
daily bag and possession limits. In all cases, the regulations
established under the guidelines must be consistent with the March 10-
September 1 closed season mandated by the 1916 Migratory Bird Treaty
with Canada.
In the August 6, 2015, Federal Register (80 FR 47388), we requested
that tribes desiring special hunting regulations in the 2016-17 hunting
season submit a proposal including details on:
(1) Harvest anticipated under the requested regulations;
(2) Methods that would be employed to measure or monitor harvest
(such as bag checks, mail questionnaires, etc.);
(3) Steps that would be taken to limit level of harvest, where it
could be shown that failure to limit such harvest would adversely
impact the migratory bird resource; and
(4) Tribal capabilities to establish and enforce migratory bird
hunting regulations.
No action is required if a tribe wishes to observe the hunting
regulations established by the State(s) in which an Indian reservation
is located. We have successfully used the guidelines since the 1985-86
hunting season. We finalized the guidelines beginning with the 1988-89
hunting season (August 18, 1988, Federal Register [53 FR 31612]).
The final rule described here is the final in the series of
proposed and final rulemaking documents for Migratory Bird Hunting
Regulations on Certain Federal Indian Reservations and Ceded Lands for
the 2016-17 Season. It sets hunting seasons, hours, areas, and limits
for migratory game bird species on reservations and ceded territories.
This final rule is the culmination of the rulemaking process for the
Tribal migratory game bird hunting seasons, which started with the
August 6, 2015, proposed rule. As discussed elsewhere in this document,
we proposed special migratory bird hunting regulations for the 2016-17
hunting season for certain Indian tribes, on May 27, 2016. This final
rule sets the Migratory Bird Hunting Regulations on Certain Federal
Indian Reservations and Ceded Lands for the 2016-17 Season.
Status of Populations
Information on the status of waterfowl and information on the
status and harvest of migratory shore and upland game birds, including
detailed information on methodologies and results, was discussed in the
December 11, 2015, Federal Register (80 FR 77088) and is available at
the address indicated under FOR FURTHER INFORMATION CONTACT or from our
Web site at https://www.fws.gov/migratorybirds/NewsPublicationsReports.html.
Comments and Issues Concerning Tribal Proposals
For the 2016-17 migratory bird hunting season, we proposed
regulations for 23 Tribes or Indian groups that followed the 1985
guidelines and were considered appropriate for final rulemaking. We
noted in the May 27 proposed rule that we were proposing seasons for
seven Tribes who have submitted proposals in past years but from whom
we had not yet received proposals this year. We did not receive
proposals from five of those Tribes and, therefore, have not included
them in this final rule. No other changes were made to this final rule.
The comment period for the May 27 proposed rule closed on June 27,
2016. We received nine comments on our May 27 proposed rule, which
announced proposed seasons for migratory bird hunting by American
Indian Tribes. Similar comments were combined below.
Written Comments: The Village of Hobart requested we explore
Wisconsin Department of Natural Resource (WIDNR) guidelines for hunting
and fishing, and consider the following: (1) Cease our Migratory Bird
Program as an unnecessary and costly replication of State hunting and
fishing guidelines; and/or (2) rescind section (p) of the proposed rule
specific to the Oneida Nation where their tribal lands are
significantly less than 10 percent of the municipal boundary. The
Village also expressed concern that during the hunting season tribal
members could potentially trespass on land in the Village or on/around
the Austin Straubel Airport.
Service Response: We have approved of Oneida Nation's proposed
regulations, or regulations similar to those proposed, since 1991. To
our knowledge, this is only the second time that the Village has
opposed these special migratory bird hunting regulations. Also, to our
knowledge, there have been no indications of conflicts (e.g., arrests
for trespass, etc.) on these lands during Oneida Nation's hunting
season since their inception in 1991. Similarly, we note that the
Airport property is a fenced and secured facility so potential conflict
is unlikely. Lastly, we disagree with the Village's assertions that the
Oneida Reservation has been disestablished or diminished. Our position
is consistent with the Department calling an election for the Oneida
Nation under Section 18 of the Indian Reorganization Act (``IRA'') and
the Department's subsequent approval of its constitution under the IRA
in 1936. Most recently in May 2016, the Department's Interior Board of
Indian Appeals (IBIA) reaffirmed its earlier ruling that the Oneida
Nation was organized in accordance with the IRA. Dillenburg v. Midwest
Regional Director, Bureau of Indian Affairs,63 IBIA 56, (2016); see
also, Village of Hobart v. Acting Midwest Regional Director,57 IBIA 4,
(2013). For these reasons, we have decided to finalize Oneida's
regulations as proposed. We encourage both the Village and Oneida to
meet with us before special tribal regulations for the 2017-18 season
are proposed in early 2017 if they still have questions related to the
status of Oneida reservation and treaty rights; and to address any
perceived conflicts with Oneida's hunting activity.
Written Comments: We received one comment from the Great Lakes
Indian Fish and Wildlife Commission (GLIFWC) on the May 27 proposed
rule. GLIFWC comments that we have maintained that confusion on the
part of the public, law enforcement, and other reasons justify our
denial of the tribes' proposal to use electronic calls to hunt
migratory birds, and GLIFWC contends that the courts have ruled that
tribal treaty rights can be limited only when and if they can be shown
to be detrimental to the conservation of natural resources or represent
a threat to human health and safety. GLIFWC believes that, contrary to
case law, we continue to apply inappropriate constraints and an
unfounded rationale in our consideration of the tribes' proposal. GLFWC
gives specific examples of this from the commentary in the proposed
rule, which included:
In the discussion regarding the proposed use of electronic
calls, we state, ``we do not believe that allowing the use of
electronic calls . . . is in the best interest of the conservation of
migratory birds.'' This statement is made without providing any
evidence of the negative impacts to migratory bird resource that might
be caused by the highly limited application of this technique that the
tribes proposed.
We also state that electronic calls ``are not generally
considered a legitimate component of hunting.'' This is a cultural
statement made through a lens that views the harvest of migratory birds
as a sport activity. It has no place in the evaluation of tribal
subsistence regulations (as ``legitimacy'' is an ethical consideration
that is not consistent with biological impact), and this language
continues to be offensive to the tribes.
We also state that we remain very concerned that the use
of electronic calls would ``lead to confusion on the
[[Page 62406]]
part of the public, wildlife management agencies, and law enforcement
officials.'' Again, no evidence is provided to support this concern
(and the fact that a wide range of tribal harvesting regulations have
differed from those for State hunters for decades without ``confusion''
is overlooked). It also disregards the case law on treaty rights that
``confusion'' is not a valid reason to restrict the treaty-rights
exercise, even if it should exist.
GLFWC also believes the proposed rule falls short of meeting the
Service's responsibility to the tribes in other ways as well. For
example, we state that the Service ``continue[s] to be concerned about
the large biological uncertainty surrounding any widespread use of
electronic calls,'' and yet rejected a very limited experimental
application of electronic calls that could provide the very evidence
needed to reduce that uncertainty. No acceptable alternative to the
tribes' proposal was suggested. The Service indicated that
``discussions are ongoing'' with the tribes over various management
issues; however, the Service made no effort to engage in government-to-
government consultation with the tribes about the season proposal
before publishing the proposed rule. Lack of government-to-government
consultation on a regulation directly affecting tribal interests
constitutes an agency action contravening Executive Order 13175, a
memorandum to Federal agencies by President Obama reaffirming Executive
Order 13175, and official policy of the Department of the Interior and
the Service, and is contrary to the 2011 Service Tribal Consultation
Handbook.
Notably, the Service rejected provisions regarding baiting,
trapping, and hunting at night without providing any discussion, any
evidence of biological or safety impacts, or making any effort to
consult with the tribes on these issues--despite the recent ruling by
the Seventh Circuit in the Lac Courte Oreille case and the above-
mentioned Executive Order and department- and agency-level policies.
GLIFWC requests that we issue a final rule that approves the
tribes' original proposal for migratory bird harvesting in the 1837 and
1842 ceded territories. If we have legitimate natural resource, or
public health or safety, concerns about the tribes' proposal, the
tribes would welcome the opportunity to discuss those concerns in
greater detail. However, as described above, GLIFWC asserts that the
justification provided in the proposed rule does not appear to support
a denial of the tribes' proposal.
Service Response: The GLIFWC 2016-17 proposal has one specific
proposed change from regulations approved last season: in the 1837 and
1842 Treaty Areas, the GLIFWC proposal would allow the use of
electronic calls. GLIFWC's proposal also mentions developing
regulations to allow for the night hunting and baiting of waterfowl,
and the trapping of migratory birds. However, no specificity or
development timetable is contained in their proposal. Thus, we will
largely defer our response to those latter items until the appropriate
time. However, we hope to continue discussions with GLIFWC in the near
future on these important issues.
GLIFWC states that the specific proposed regulatory changes are
intended to provide tribal members a harvest opportunity within the
scope of rights reserved in their various treaties and increase tribal
subsistence harvest opportunities, while protecting migratory bird
populations. Under the GLIFWC's proposed regulations, GLIFWC expects
total ceded territory harvest to be approximately 1,650 ducks, 375
geese, 20 sandhill cranes, and 20 swans, which is roughly similar to
anticipated levels in previous years for those species for which
seasons were established. GLIFWC 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. Two sandhill
cranes were reported harvested in each of the first three tribal crane
seasons (2014-16). In the latest survey year for which we have specific
results (2012), an estimated 86 hunters took an estimated 1,090 trips
and harvested 1,799 ducks (1.7 ducks per trip) and 822 geese. Analysis
of hunter survey data over 1996-2012 indicates a general downward trend
in both harvest and hunter participation. We note that GLIFWC also
mentions a 2015 hunter survey that has not yet been completed.
GLIFWC cites United States v. Bresette (D.Minn. 1991) and Lac
Courte Oreilles Band of Lake Superior Chippewa Indians v. Wisconsin
(7th Cir. 2014) as cases that the Migratory Bird Treaty Act (MBTA) does
not abrogate their treaty rights, and that the Service should permit
the use of electronic calls, baiting, night hunting, and trapping as
they have either specifically proposed this year (electronic calls) or
have proposed developing regulations allowing for future implementation
(baiting, night hunting, and trapping). While we agree that the MBTA
does not abrogate the tribe's treaty rights, we disagree with GLIFWC's
conclusion that the tribe is therefore entitled to use electronic
calls, baiting, night hunting, and trapping. We still retain the
authority to reasonably regulate the manner of take for migratory bird
hunting on ceded lands. For example, the Bresette case involved a
defense to a criminal prosecution and did not address the issue of the
manner in which tribal members were permitted to take birds.
Similarly in the Lac Courte Oreilles case, the 7th Circuit required
the State of Wisconsin to justify its rationale for safety concerns
prohibiting the night hunting of deer when other surrounding States
allowed for deer night hunting. We believe this case is distinguishable
in that no night waterfowl hunting is currently allowed anywhere, nor
has it ever been allowed in the past. Further, night deer hunting uses
spotlights that enable hunters to specifically identify intended
targets. Waterfowl are much smaller targets than deer, and hunters
should be required to reasonably identify their target to avoid the
unintentional take of non-game species. Shooting at night makes target
identification impractical and would significantly increase the
potential take of non-game and other protected birds, including the
potential take of threatened and endangered species.
In addition to conservation concerns relating to the unintentional
take of protected species, we have also continually cited significant
safety concerns related to migratory bird hunting outside of the normal
allowed shooting hours. Normally, shooting hours for migratory game
birds are one-half hour before sunrise to sunset. Potential impacts to
hunter safety, difficulty of identifying birds, retrieval of downed
birds, and impacts on law enforcement are some of the concerns we have
raised when discussing potential expansions of shooting hours. In 2012,
in deference to tribal traditions and in the interest of cooperation,
and in spite of our previously identified concerns regarding species
identification, retrieval of downed birds, hunter safety, and law
enforcement impacts, we approved shooting 30 minutes after sunset (an
extension of 15 minutes from the then-current 15 minutes after sunset)
(77 FR 54451, September 5, 2012). This was consistent with other Tribes
in the general area (Fond du Lac, Leech Lake, Oneida, Sault Ste Marie,
and White Earth). However, we stated in 2014 (79 FR 52226, September 3,
2014) that any further
[[Page 62407]]
extension of shooting hours on either the front end or the back end of
the day would be contrary to public safety and would only heighten our
previously identified safety and conservation concerns. We are unaware
of any other migratory bird hunting that occurs more than 30 minutes
after sunset. Thus, we conclude that for safety and conservation
concerns, it is appropriate for us to deny GLIFWC's proposed request to
develop regulations allowing the night hunting of waterfowl.
Regarding GLIWFC's request to develop regulations allowing the
baiting of waterfowl and the trapping of migratory birds, as we noted
above, the lack of specificity or a development timetable in their
proposal makes this request difficult to adequately respond to at this
time. We do not believe that a large-scale discussion of the merits and
practicality, or lack thereof, of such practices is appropriate at this
time, but would rather have further discussions with GLIFWC on these
issues. Thus, we will defer our response to these items until such
appropriate time. Further discussion on allowing the use of electronic
calls is contained 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, was Federally prohibited in 1957,
because of their effectiveness in attracting and aiding the harvest of
ducks and geese and are generally not considered a legitimate component
of hunting. In 1999, after much debate, the migratory bird regulations
were revised to allow the use of electronic calls for the take of light
geese (lesser snow geese and Ross geese) during a light-goose-only
season when all other waterfowl and crane hunting seasons, excluding
falconry, were closed (64 FR 7507, February 16, 1999; 64 FR 71236,
December 20, 1999; 73 FR 65926, November 5, 2008). The regulations were
also changed in 2006, to allow the use of electronic calls for the take
of resident Canada geese during Canada-goose-only September seasons
when all other waterfowl and crane seasons, excluding falconry, were
closed (71 FR 45964, August 10, 2006). In both instances, these changes
were made in order to significantly increase the take of these species
due to serious population overabundance, habitat degradation due to
high populations, depredation issues, or public health and safety
issues, or a combination of these.
In our previous responses on this issue, we discussed available
information from the use of electronic calls during the special light-
goose seasons its applicability to most waterfowl species. We have also
provided information to GLIWFC regarding the availability of using
electronic calls for resident Canada geese in early-September or during
special light-goose seasons when all other waterfowl seasons are
closed. To our knowledge, GLIFWC members have not utilized electronic
calls during either the special light-goose season or the early-
September resident Canada goose season. We note that these
opportunities would seem to provide a perfect opportunity to gauge not
only hunter interest and participation, but the effectiveness of the
methodology.
Further, 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. The Treaty areas of Michigan, Minnesota, and Wisconsin covered
by GLIWFC's proposal are a large area subject to widely varying degrees
of hunting pressure. These factors logically lead us to a large degree
of uncertainty surrounding any widespread use of electronic calls in
such an area.
Additionally, we remained concerned that tribal waterfowl hunting
covered by GLIFWC's proposal would occur on ceded lands that are not in
the ownership of the Tribes. We continue to believe that the use of
electronic calls to take waterfowl would likely lead to significantly
increased 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.
Lastly, and perhaps most importantly, GLIFWC has repeatedly stated
that tribal hunter participation is low, and that the proposals for
electronic calls are intended to increase migratory bird hunting
participation and harvest by tribal members. While we also have
concerns over hunter-participation numbers and a common desire to
increase hunter recruitment and retention of not only tribal hunters
but migratory bird sport hunters, GLIFWC has not defined these goals
nor presented any evidence that their proposals would help achieve this
intended goal. Further, GLIWFC has provided no evidence or data that
tribal migratory bird hunting has increased because of recently
proposed and implemented harvest liberalizations over the past few
years (increased bag limits; removal of species restrictions; increased
shooting hours; longer seasons; implementation of tundra swan, sandhill
crane, and dove seasons; removal of possession limits; and removal of
shot-shell limits); nor any evidence that the cause of low tribal
hunter interest in hunting migratory birds is due to restrictive
harvest regulations. Likewise, GLIFWC has not shown that they have
utilized electronic calls for existing goose seasons where they may be
used (discussed above) in an effort to increase hunter interest,
participation, and harvest.
Many State and Federal wildlife agencies, as well as other
nongovernmental organizations, have devoted considerable resources to
the topic of hunter recruitment and retention. However, the most recent
research indicates that changes in hunting regulations are not very
effective in recruiting hunters. Thus, given this research information
and the lack of evidence that GLIFWC's proposals will help achieve
their stated objective, we cannot justify the acceptance of the
inherent risks to migratory bird conservation associated with this
proposal at this time. However, we would be glad to review any data or
information GLIWFC may have that would help address these concerns and
we would welcome opportunities to work with GLIFWC on our common desire
to increase hunter recruitment and retention.
Notwithstanding our concerns, we 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 these issues. In our recent discussions with them over the past year
or more, 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. As a first step in this process, we have
begun work on a memorandum of
[[Page 62408]]
understanding that further defines and clarifies the overall process,
the administrative roles and responsibilities, and the communications
process between us. However, this process is only the first step and we
are not yet at a point in these discussions 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 GLIFWC's proposed limited and experimental design, would
be inconsistent with our long-standing conservation concerns, and we do
not support allowing the use of electronic calls in the 1837 and 1842
Treaty Areas for any open waterfowl season
Written Comments: The Wisconsin Department of Natural Resources
(WIDNR) and the Mississippi Flyway Council (MFC) expressed opposition
to GLIFWC's proposal allowing the use of electronic calls, night
hunting and baiting for waterfowl, and the trapping of migratory birds.
Both expressed continued concerns about the potential negative impacts
to local waterbird populations, the increased potential for take of
nongame species, the incompatibility with Federal and State waterfowl
management, public safety, potential user conflicts, law-enforcement
problems, and the potential to place non-tribal hunters in violation of
migratory game bird hunting regulations. Both further questioned
GLIFWC's justification for proposed additional hunting methods to
achieve an objective of increased migratory-bird-hunting participation
by tribal members in the absence of evidence. However, the MFC welcomed
opportunities to work with GLIFWC on their common desire to increase
hunter recruitment and retention.
Service Response: We agree with the MFC and the WIDNR about
continuing concerns over declining hunter participation and our common
desire to increase hunter recruitment and retention of not only tribal
hunters but migratory bird sport hunters. Many State and Federal
wildlife agencies, as well as other nongovernmental organizations, have
devoted considerable resources to this topic. However, we agree with
the MFC that the most recent research indicates that changes in hunting
regulations are not very effective in recruiting hunters.
As we stated earlier, GLIFWC has repeatedly stated that tribal
participation is low, but presents no evidence that tribal migratory
bird hunting has increased because of recent liberalizations over the
past few years, nor that tribal members have stated that restrictive
regulations are the cause of low tribal hunter interest in hunting
migratory birds. Given the lack of evidence that GLIFWC's proposals
will help achieve their stated objective, we agree that there is no
justification to accept the inherent risks to migratory bird
conservation and public safety associated with GLIFWC's proposals.
However, like the MFC, we would welcome opportunities to work with
GLIFWC on our common desire to increase hunter recruitment and
retention.
Written Comments: Three commenters protested the entire migratory
bird hunting regulations process, the killing of all migratory birds,
and the status and habitat data on which the migratory bird hunting
regulations are based. Two commenters believed certain migratory bird
species such as sandhill cranes, woodcock, and mourning doves should
not ever be hunted.
Service Response: Our long-term objectives continue to include
providing opportunities to harvest portions of certain migratory game
bird populations and to limit harvests to levels compatible with each
population's ability to maintain healthy, viable numbers. Further,
there exists a long history of establishing hunting seasons for
migratory game bird species such as waterfowl, cranes, woodcock, doves,
and migratory shore and upland game birds. Tribes, such as those
included in this final rule, have hunted these species before and since
the inception of our establishment of migratory game bird hunting
seasons. These seasons are culturally important to them, and applicable
treaties allow for hunting of these species.
Having taken into account the zones of temperature and the
distribution, abundance, economic value, breeding habits, and times and
lines of flight of migratory game birds, we believe that the hunting
seasons provided for herein are compatible with the current status of
migratory bird populations and long-term population goals.
Additionally, we are obligated to, and do, give serious consideration
to all information received as public comment. We continue to believe
that the current Flyway-Council system of migratory bird management is
one of the most longstanding, successful examples of State-Federal
cooperative management since its establishment in 1952. Likewise, the
establishment of special tribal migratory bird hunting regulations has
been a successful Federal-Tribal partnership since 1988. However, as
always, we continue to seek new ways to improve the process.
National Environmental Policy Act (NEPA)
The programmatic document, ``Second Final Supplemental
Environmental Impact Statement: Issuance of Annual Regulations
Permitting the Sport Hunting of Migratory Birds (EIS 20130139),'' filed
with the Environmental Protection Agency (EPA) on May 24, 2013,
addresses NEPA compliance by the Service for issuance of the annual
framework regulations for hunting of migratory game bird species. We
published a notice of availability in the Federal Register on May 31,
2013 (78 FR 32686), and our Record of Decision on July 26, 2013 (78 FR
45376). We also address NEPA compliance for waterfowl hunting
frameworks through the annual preparation of separate environmental
assessments, the most recent being ``Duck Hunting Regulations for 2016-
17,'' with its corresponding January 2016 finding of no significant
impact. In addition, an August 1985 environmental assessment entitled
``Guidelines for Migratory Bird Hunting Regulations on Federal Indian
Reservations and Ceded Lands'' is available from the person indicated
under the caption FOR FURTHER INFORMATION CONTACT.
Endangered Species Act Consideration
Section 7 of the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq.), provides that, ``The Secretary shall review other
programs administered by him and utilize such programs in furtherance
of the purposes of this Act'' (and) shall ``insure that any action
authorized, funded, or carried out * * * is not likely to jeopardize
the continued existence of any endangered species or threatened species
or result in the destruction or adverse modification of [critical]
habitat. * * *.'' Consequently, we conducted formal consultations to
ensure that actions resulting from these regulations would not likely
jeopardize the continued existence of endangered or threatened species
or result in the destruction or adverse modification of their critical
habitat. Findings from these consultations are included in a biological
opinion, which concluded that the regulations are not likely to
jeopardize the continued existence of
[[Page 62409]]
any endangered or threatened species. Additionally, these findings may
have caused modification of some regulatory measures previously
proposed, and the final frameworks reflect any such modifications. Our
biological opinions resulting from this section 7 consultation are
public documents available for public inspection at the address
indicated under ADDRESSES.
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) will review all significant rules. OIRA has
reviewed this rule and has determined that this rule is significant
because it would have an annual effect of $100 million or more on the
economy.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
An updated economic analysis was prepared for the 2013-14 season.
This analysis was based on data from the newly released 2011 National
Hunting and Fishing Survey, the most recent year for which data are
available (see discussion in Regulatory Flexibility Act section below).
This analysis estimated consumer surplus for three alternatives for
duck hunting (estimates for other species are not quantified due to
lack of data). The alternatives were: (1) Issue restrictive regulations
allowing fewer days than those issued during the 2012-13 season, (2)
issue moderate regulations allowing more days than those in alternative
1, and (3) issue liberal regulations identical to the regulations in
the 2012-13 season. For the 2013-14 season, we chose Alternative 3,
with an estimated consumer surplus across all flyways of $317.8-$416.8
million. For the 2016-17 season, we have also chosen alternative 3. We
also chose alternative 3 for the 2009-10, the 2010-11, the 2011-12, the
2012-13, the 2014-15, and the 2015-16 seasons. The 2013-14 analysis is
part of the record for this rule and is available at https://www.regulations.gov at Docket No. FWS-HQ-MB-2015-0034.
Regulatory Flexibility Act
The annual migratory bird hunting regulations have a significant
economic impact on substantial numbers of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). We analyzed the
economic impacts of the annual hunting regulations on small business
entities in detail as part of the 1981 cost-benefit analysis. This
analysis was revised annually from 1990-95. In 1995, the Service issued
a Small Entity Flexibility Analysis (Analysis), which was subsequently
updated in 1996, 1998, 2004, 2008, and 2013. The primary source of
information about hunter expenditures for migratory game bird hunting
is the National Hunting and Fishing Survey, which is conducted at 5-
year intervals. The 2013 Analysis was based on the 2011 National
Hunting and Fishing Survey and the U.S. Department of Commerce's County
Business Patterns, from which it was estimated that migratory bird
hunters would spend approximately $1.5 billion at small businesses in
2013. Copies of the Analysis are available upon request from the person
listed under FOR FURTHER INFORMATION CONTACT, from our Web site at
https://www.fws.gov/migratorybirds, or at https://www.regulations.gov at
Docket No. FWS-HQ-MB-2015-0034.
Small Business Regulatory Enforcement Fairness Act
This rule is a major rule under 5 U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act. For the reasons outlined above,
this rule will have an annual effect on the economy of $100 million or
more. However, because this rule establishes hunting seasons, we are
not deferring the effective date under the exemption contained in 5
U.S.C. 808(1).
Paperwork Reduction Act
This final rule does not contain any new information collection
that requires approval under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). We may not conduct or sponsor and you are not
required to respond to a collection of information unless it displays a
currently valid Office of Management and Budget (OMB) control number.
OMB has reviewed and approved the information collection requirements
associated with migratory bird surveys and assigned the following OMB
control numbers:
1018-0019--North American Woodcock Singing Ground Survey
(expires 5/31/2018).
1018-0023--Migratory Bird Surveys (expires 6/30/2017).
Includes Migratory Bird Harvest Information Program, Migratory Bird
Hunter Surveys, Sandhill Crane Survey, and Parts Collection Survey.
Unfunded Mandates Reform Act
We have determined and certify, in compliance with the requirements
of the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this
rulemaking will not impose a cost of $100 million or more in any given
year on local or State government or private entities. Therefore, this
rule is not a ``significant regulatory action'' under the Unfunded
Mandates Reform Act.
Civil Justice Reform--Executive Order 12988
The Department, in promulgating this rule, has determined that this
rule will not unduly burden the judicial system and that it meets the
requirements of sections 3(a) and 3(b)(2) of Executive Order 12988.
Takings Implication Assessment
In accordance with Executive Order 12630, this rule, authorized by
the Migratory Bird Treaty Act (16 U.S.C. 703-711), does not have
significant takings implications and does not affect any
constitutionally protected property rights. This rule will not result
in the physical occupancy of property, the physical invasion of
property, or the regulatory taking of any property. In fact, this rule
allows hunters to exercise otherwise unavailable privileges and,
therefore, reduces restrictions on the use of private and public
property.
Energy Effects--Executive Order 13211
Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. While this rule is a
significant regulatory action under Executive Order 12866, it is not
expected to adversely affect energy supplies, distribution, or use.
Therefore, this action is not a significant energy action and no
Statement of Energy Effects is required.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we
have evaluated possible effects on Federally recognized Indian tribes
and have
[[Page 62410]]
determined that there are no effects on Indian trust resources.
However, in the August 6, 2015, Federal Register (80 FR 47388), we
solicited proposals for special migratory bird hunting regulations for
certain Tribes on Federal Indian reservations, off-reservation trust
lands, and ceded lands for the 2016-17 migratory bird hunting season.
The resulting proposals were contained in a separate May 27, 2016,
proposed rule (81 FR 34226). By virtue of these actions, we have
consulted with affected Tribes.
Federalism Effects
Due to the migratory nature of certain species of birds, the
Federal Government has been given responsibility over these species by
the Migratory Bird Treaty Act. We annually prescribe frameworks from
which the States make selections regarding the hunting of migratory
birds, and we employ guidelines to establish special regulations on
Federal Indian reservations and ceded lands. This process preserves the
ability of the States and tribes to determine which seasons meet their
individual needs. Any State or Indian tribe may be more restrictive
than the Federal frameworks at any time. The frameworks are developed
in a cooperative process with the States and the Flyway Councils. This
process allows States to participate in the development of frameworks
from which they will make selections, thereby having an influence on
their own regulations. These rules do not have a substantial direct
effect on fiscal capacity, change the roles or responsibilities of
Federal or State governments, or intrude on State policy or
administration. Therefore, in accordance with Executive Order 13132,
these regulations do not have significant federalism effects and do not
have sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
Regulation Promulgation
The rulemaking process for migratory game bird hunting must, by its
nature, operate under severe time constraints. However, we intend that
the public be given the greatest possible opportunity to comment. Thus,
when the preliminary proposed rulemaking was published, we established
what we believed were the longest periods possible for public comment.
In doing this, we recognized that when the comment period closed, time
would be of the essence. That is, if there were a delay in the
effective date of these regulations after this final rulemaking, Tribes
would have insufficient time to publicize the necessary regulations and
procedures to their hunters. We therefore find that ``good cause''
exists, within the terms of 5 U.S.C. 553(d)(3) of the Administrative
Procedure Act, and this rule will, therefore, take effect immediately
upon publication.
Accordingly, with each participating Tribe having had an
opportunity to participate in selecting the hunting seasons desired for
its reservation or ceded territory on those species of migratory birds
for which open seasons are now prescribed, and consideration having
been given to all other relevant matters presented, certain sections of
title 50, chapter I, subchapter B, part 20, subpart K, are hereby
amended as set forth below.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Accordingly, part 20, subchapter B, chapter I of title 50 of the
Code of Federal Regulations is amended as follows:
PART 20--MIGRATORY BIRD HUNTING
0
1. The authority citation for part 20 continues to read as follows:
Authority: Migratory Bird Treaty Act, 40 Stat. 755, 16 U.S.C.
703-712; Fish and Wildlife Act of 1956, 16 U.S.C. 742a-j; Public Law
106-108, 113 Stat. 1491, Note Following 16 U.S.C. 703.
Note: The following hunting regulations provided for by 50 CFR
20.110 will not appear in the Code of Federal Regulations because of
their seasonal nature.
0
2. Section 20.110 is revised to read as follows:
Sec. 20.110 Seasons, limits, and other regulations for certain
Federal Indian reservations, Indian Territory, and ceded lands.
Unless specifically provided for below, all of the regulations
contained in 50 CFR part 20 apply to the seasons listed herein.
(a) [Reserved.]
(b) Confederated Salish and Kootenai Tribes, Flathead Indian
Reservation, Pablo, Montana (Tribal Members and Nontribal Hunters).
Tribal Members Only
Ducks (Including Mergansers)
Season Dates: Open September 1, 2016, through March 9, 2017.
Daily Bag and Possession Limits: The Tribe does not have specific
bag and possession restrictions for Tribal members. The season on
harlequin duck is closed.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: Same as ducks.
Geese
Season Dates: Same as ducks.
Daily Bag and Possession Limits: Same as ducks.
Nontribal Hunters
Ducks (Including Mergansers)
Season Dates: Open October 1, 2016, through January 8, 2017, and
open January 14 through 18, 2017.
Scaup
Season Dates: Open October 1 through December 25, 2016.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, two pintail, three scaup (when open), two
canvasback, and two redheads. The possession limit is three times the
daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 and 25, respectively.
Geese
Dark Geese
Season Dates: Open October 1, 2016, through January 8, 2017, and
open January 14 through 18, 2017.
Daily Bag and Possession Limits: 4 and 12, respectively.
Light Geese
Season Dates: Same as for dark geese.
Daily Bag and Possession Limits: 20 and 60, respectively.
General Conditions: Tribal and nontribal hunters must comply with
all basic Federal migratory bird hunting regulations contained in 50
CFR part 20 regarding manner of taking. In addition, shooting hours are
one-half hour before sunrise to one-half hour after sunset, and each
waterfowl hunter 16 years of age or older must carry on his/her person
a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp)
signed in ink across the stamp face. Special regulations established by
the Confederated Salish and Kootenai Tribes also apply on the
reservation.
(c) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet,
Minnesota (Tribal Members Only).
Ducks
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
[[Page 62411]]
which may be hens), 9 black ducks, 9 scaup, 9 wood ducks, 9 redheads, 9
pintails, and 9 canvasbacks.
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
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.
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
1854 and 1837 Ceded Territories
Season Dates: Begin September 1 and end November 30, 2016.
Daily Bag Limit: 20 geese.
Reservation
Season Dates: Begin September 1 and end November 30, 2016.
Daily Bag Limit: 20 geese.
Coots and Common Moorhens (Common Gallinules)
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.
Reservation
Season Dates: Begin September 1 and end November 30, 2016.
Daily Bag Limit: 20 coots and common moorhens, singly or in the
aggregate.
Sandhill Cranes: 1854 and 1837 Ceded Territories
Season Dates: Begin September 1 and end November 30, 2016.
Daily Bag Limit: Two sandhill cranes. Crane carcass tags are
required prior to hunting.
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.
Common Snipe
All Areas
Season Dates: Begin September 1 and end November 30, 2016.
Daily Bag Limit: Eight common snipe.
Woodcock
All Areas
Season Dates: Begin September 1 and end November 30, 2016.
Daily Bag Limit: Three woodcock.
Mourning Doves
All Areas
Season Dates: Begin September 1 and end November 30, 2016.
Daily Bag Limit: 30 mourning doves.
General Conditions
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 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.
(d) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons
Bay, Michigan (Tribal Members Only).
Ducks
Season Dates: Open September 1, 2016, through January 15, 2017.
Daily Bag Limit: 25 ducks, which may include no more than 6
pintail, 4 canvasback, 6 black ducks, 1 hooded merganser, 6 wood ducks,
5 redheads, and 12 mallards (only 6 of which may be hens).
Canada and Snow Geese
Season Dates: Open September 1, 2016, through January 31, 2017.
Daily Bag Limit: 10 geese.
Other Geese (White-Fronted Geese and Brant)
Season Dates: Open September 20 through December 30, 2016.
Daily Bag Limit: Five geese.
Sora Rails, Common Snipe, and Woodcock
Season Dates: Open September 1 through November 14, 2016.
Daily Bag Limit: 10 rails, 10 snipe, and 5 woodcock.
Mourning Doves
Season Dates: Open September 1 through November 14, 2016.
Daily Bag Limit: 10 mourning doves.
Sandhill Crane
Season Dates: Open September 1 through November 14, 2016.
Daily Bag Limit: Two sandhill crane, with a season limit of six.
General Conditions: A valid Grand Traverse Band Tribal license is
required and must be in possession before taking any wildlife. Shooting
hours for migratory birds are one-half hour before sunrise to one-half
hour after sunset. All other basic regulations contained in 50 CFR part
20 are valid. Other tribal regulations apply, and may be obtained at
the tribal office in Suttons Bay, Michigan.
(e) Great Lakes Indian Fish and Wildlife Commission, Odanah,
Wisconsin (Tribal Members Only).
The 2016-17 waterfowl hunting season regulations apply to all
treaty areas (except where noted):
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.
[[Page 62412]]
Other Migratory Birds
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.
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.
Common Snipe
Season Dates: Begin September 1 and end December 31, 2016.
Daily Bag Limit: 16 common snipe.
Woodcock
Season Dates: Begin September 6 and end December 31, 2016.
Daily Bag Limit: 10 woodcock.
Mourning Dove
1837 and 1842 Ceded Territories Only
Season Dates: Begin September 1 and end November 29, 2016.
Daily Bag Limit: 15 mourning doves.
Sandhill Cranes
1837 and 1842 Ceded Territories Only
Season Dates: Begin September 1 and end December 31, 2016.
Daily Bag Limit: 2 cranes.
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 are required to obtain a valid tribal
waterfowl hunting permit.
B. Except as otherwise noted, tribal members are required to comply
with tribal codes that are 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.
C. Particular regulations of note include:
1. Nontoxic shot is required for all waterfowl hunting by tribal
members.
2. Tribal members in each zone must 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 are 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 do not count as part of any off-reservation bag or
possession limit.
4. The baiting restrictions included in the respective section
10.05(2)(h) of the model ceded territory conservation codes will be
amended to include language which parallels that in place for nontribal
members as published at 64 FR 29799, June 3, 1999.
5. There are no shell limit restrictions.
6. Hunting hours are from 30 minutes before sunrise to 30 minutes
after sunset.
(f) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce,
New Mexico (Tribal Members and Nontribal Hunters).
Ducks (Including Mergansers)
Season Dates: Open October 8 through November 30, 2016.
Daily Bag and Possession Limits: The daily bag limit is seven,
including no more than two hen mallards, two pintail, two redheads, two
canvasback, and three scaup. The possession limit is three times the
daily bag limit.
Canada Geese
Season Dates: Open October 8 through November 30, 2016.
Daily Bag and Possession Limits: Two and six, respectively.
General Conditions: Tribal and nontribal hunters must comply with
all basic Federal migratory bird hunting regulations in 50 CFR part 20
regarding shooting hours and manner of taking. In addition, each
waterfowl hunter 16 years of age or older must carry on his/her person
a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp)
signed in ink across the stamp face. Special regulations established by
the Jicarilla Tribe also apply on the reservation.
(g) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal
Members and Nontribal Hunters).
Nontribal Hunters on Reservation
Geese
Season Dates: Open September 10 through September 11, 2016; open
September 17 through September 18, 2016; and open October 1, 2016,
through January 20, 2017. During these period, days to be hunted are
specified by the Kalispel Tribe. Nontribal hunters should contact the
Tribe for more detail on hunting days.
Daily Bag and Possession Limits: 5 Canada geese for the early
season, and 3 light geese and 4 dark geese, for the late season. The
daily bag limit is 2 brant (when the State's season is open) and is in
addition to dark goose limits for the late-season. The possession limit
is twice the daily bag limit.
Ducks
Season Dates: Open September 24, 2016, through January 8, 2017.
Scaup
Season Dates: Open September 24, 2016, through December 18, 2017.
Daily Bag and Possession Limits: 7 ducks, including no more than 2
female mallards, 2 pintail, 1 canvasback, 3 scaup (when open), and 2
redheads. The possession limit is twice the daily bag limit.
Tribal Hunters Within Kalispel Ceded Lands
Ducks
Season Dates: Open October 10, 2016, through January 31, 2017.
Daily Bag and Possession Limits: 7 ducks, including no more than 2
female mallards, 2 pintail, 1 canvasback, 3 scaup, and 2 redheads. The
possession limit is twice the daily bag limit.
Geese
Season Dates: Open September 10, 2016, through January 31, 2017.
Daily Bag Limit: 6 light geese and 4 dark geese. The daily bag
limit is 2 brant and is in addition to dark goose limits.
General: Tribal members must possess a validated Migratory Bird
Hunting and Conservation Stamp and a tribal ceded lands permit.
(h) [Reserved.]
(i) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members
Only).
[[Page 62413]]
Ducks
Season Dates: Open September 17 through December 31, 2016.
Daily Bag Limits: 10 ducks, including no more than 5 pintail, 5
canvasback, and 5 black ducks.
Geese
Season Dates: Open September 1 through December 31, 2016.
Daily Bag Limits: 10 geese.
General: Possession limits are twice the daily bag limits. Shooting
hours are one-half hour before sunrise to one-half hour after sunset.
Nontoxic shot is required. Use of live decoys, bait, and commercial use
of migratory birds are prohibited. Waterfowl may not be pursued or
taken while using motorized craft.
(j) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal
Members Only).
1836 Ceded Territory and Tribal Reservation:
Ducks
Season Dates: Open September 9, 2016, through January 22, 2017.
Daily Bag Limits: 12 ducks, including no more than 6 mallards (2 of
which may be hens), 3 black ducks, 3 redheads, 3 wood ducks, 2 pintail,
1 hooded merganser, and 2 canvasback.
Canada Geese
Season Dates: Open September 1, 2016, through February 5, 2017.
Daily Bag Limit: Five.
White-fronted Geese, Brant, and Snow Geese
Season Dates: Open September 7 through December 4, 2016.
Daily Bag Limit: Five.
Woodcock, Mourning Doves, Snipe, and Sora and Virginia Rails
Season Dates: Open September 1 through November 13, 2016.
Daily Bag Limit: 5 woodcock and 10 each of the other species.
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.
E. Possession limits are twice the daily bag limits.
(k) The Little Traverse Bay Bands of Odawa Indians, Petoskey,
Michigan (Tribal Members Only).
Ducks
Season Dates: Open September 1, 2016, through January 31, 2017.
Daily Bag Limits: 20 ducks, including no more than 5 hen mallards,
5 black ducks, 5 redheads, 5 wood ducks, 5 pintail, 5 scaup, and 5
canvasback.
Mergansers
Season Dates: Open September 15, 2016, through January 31, 2017.
Daily Bag Limits: 10 mergansers, including no more than 5 hooded
mergansers.
Coots and Gallinules
Season Dates: Open September 15 through December 31, 2016.
Daily Bag Limit: 20.
Canada Geese
Season Dates: Open September 1, 2016, through February 8, 2017.
Daily Bag Limit: 20 in the aggregate.
Sora and Virginia Rails
Season Dates: Open September 1 through December 31, 2016.
Daily Bag Limit: 20.
Snipe
Season Dates: Open September 1 through December 31, 2016.
Daily Bag Limit: 16.
Mourning Doves
Season Dates: Open September 1 through November 14, 2016.
Daily Bag Limit: 15.
Woodcock
Season Dates: Open September 1 through December 1, 2016.
Daily Bag Limit: 10.
Sandhill Cranes
Season Dates: Open September 1 through December 1, 2016.
Daily Bag Limit: 1.
General: Possession limits are twice the daily bag limits.
(l) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,
South Dakota (Tribal Members and Nontribal Hunters).
Tribal Members
Ducks, Mergansers, and Coots
Season Dates: Open September 1, 2016, through March 10, 2017.
Daily Bag and Possession Limits: 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 Coot daily bag limit
is 15. Merganser daily bag limit is five, including no more than two
hooded mergansers. The possession limit is three times the daily bag
limit.
Canada Geese
Season Dates: Open September 1, 2016, through March 10, 2017.
Daily Bag and Possession Limits: 6 and 18, respectively.
White-Fronted Geese
Season Dates: Open September 1, 2016, through March 10, 2017.
Daily Bag and Possession Limits: Two and six, respectively.
Light Geese
Season Dates: Open September 1, 2016, through March 10, 2017.
Daily Bag Limit: 20.
Nontribal Hunters
Ducks (Including Mergansers and Coots)
Season Dates: Open October 8, 2016, through January 12, 2017.
Daily Bag and Possession Limits: Six ducks, including five mallards
(no more of which can be two hen mallard), three scaup, two canvasback,
two redheads, three wood ducks, one mottled duck, and two pintail. Coot
daily bag limit is 15. Merganser daily bag limit is five, including no
more than two hooded mergansers. The possession limit is three times
the daily bag limit.
Canada Geese
Season Dates: Open October 29, 2016, through February 12, 2017.
Daily Bag and Possession Limits: 6 and 18, respectively.
White-Fronted Geese
Season Dates: Open October 29, 2016, through January 24, 2017.
Daily Bag and Possession Limits: Two and six, respectively.
Light Geese
Season Dates: Open October 29, 2016, through February 12, 2017.
Daily Bag and Possession Limits: 50 and no possession limit.
[[Page 62414]]
General Conditions: All hunters must comply with the basic Federal
migratory bird hunting regulations in 50 CFR part 20, including the use
of steel shot and shooting hours. Nontribal hunters must possess a
validated Migratory Bird Hunting and Conservation Stamp. The Lower
Brule Sioux Tribe has an official Conservation Code that hunters must
adhere to when hunting in areas subject to control by the Tribe.
(m) [Reserved.]
(n) Makah Indian Tribe, Neah Bay, Washington (Tribal Members).
Band-Tailed Pigeons
Season Dates: Open September 17 through October 23, 2016.
Daily Bag Limit: Two band-tailed pigeons.
Ducks and Coots
Season Dates: Open September 24, 2016, through January 29, 2017.
Daily Bag Limit: Seven ducks including no more than five mallards
(only two of which can be a hen), one redhead, one pintail, three
scaup, and one canvasback. The seasons on wood duck and harlequin are
closed. The coot daily bag limit is 25.
Geese
Season Dates: Open September 24, 2016, through January 29, 2017.
Daily Bag Limit: Four, including no more than one brant. The
seasons on Aleutian and dusky Canada geese are closed.
General Conditions
All other Federal regulations contained in 50 CFR part 20 apply.
The following restrictions also apply:
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.
7. Shooting hours for all species of waterfowl are one-half hour
before sunrise to sunset.
8. Open hunting areas are: GMUs 601 (Hoko), a portion of the 602
(Dickey) encompassing the area north of a line between Norwegian
Memorial and east to Highway 101, and 603 (Pysht).
(o) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona
(Tribal Members and Nontribal Hunters).
Band-Tailed Pigeons
Season Dates: Open September 1 through September 30, 2016.
Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
Season Dates: Open September 1 through September 30, 2016.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Ducks (Including Mergansers and Coots)
Season Dates: Open September 24, 2016, through January 8, 2017.
Scaup
Season Dates: Open September 24 through December 18, 2016.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one mottled duck, two canvasback, three scaup
(when open), two redheads, and two pintail. Coot daily bag limit is 25.
Merganser daily bag limit is seven. The possession limit is three times
the daily bag limit.
Canada Geese
Season Dates: Open September 24, 2016, through January 8, 2017.
Daily Bag and Possession Limits: 4 and 12, respectively.
General Conditions: Tribal and nontribal hunters will comply with
all basic Federal migratory bird hunting regulations in 50 CFR part 20,
regarding shooting hours and manner of taking. In addition, each
waterfowl hunter 16 years of age or over must carry on his/her person a
valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed
in ink across the face. Special regulations established by the Navajo
Nation also apply on the reservation.
(p) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal
Members Only).
Ducks (Including Mergansers)
Season Dates: Open September 17 through December 4, 2016.
Daily Bag and Possession Limits: Six, including no more than six
mallards (three hen mallards), six wood ducks, one redhead, two
pintail, and one hooded merganser. The possession limit is twice the
daily bag limit.
Geese
Season Dates: Open September 1 through December 31, 2016.
Daily Bag and Possession Limits: 5 Canada geese with a possession
limit of 10. A seasonal quota of 500 birds is adopted. If the quota is
reached before the season concludes, the season will be closed at that
time.
Woodcock
Season Dates: Open September 3 through November 6, 2016.
Daily Bag and Possession Limits: Two and four woodcock,
respectively.
Doves
Season Dates: Open September 3 through November 6, 2016.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
General Conditions: Tribal member shooting hours are one-half hour
before sunrise to one-half hour after sunset. Nontribal members hunting
on the Reservation or on lands under the jurisdiction of the Tribe must
comply with all State of Wisconsin regulations, including season dates,
shooting hours, and bag limits, which differ from tribal member
seasons. Tribal members and nontribal members hunting on the
Reservation or on lands under the jurisdiction of the Tribe will
observe all basic Federal migratory bird hunting regulations found in
50 CFR part 20, with the following exceptions: Tribal members are
exempt from the purchase of the Migratory Waterfowl Hunting and
Conservation Stamp (Duck Stamp); and shotgun capacity is not limited to
three shells.
(q) Point No Point Treaty Council, Kingston, Washington (Tribal
Members Only).
Jamestown S'Klallam Tribe
Ducks
Season Dates: Open September 1, 2016, through March 10, 2017.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one pintail, one canvasback, four scoters, and
two redheads. Possession limit is twice the daily bag limit. Bag and
possession limits for harlequin ducks is one per season.
Geese
Season Dates: Open September 9, 2016, through March 10, 2017.
Daily Bag and Possession Limits: Four geese, and may include no
more than
[[Page 62415]]
three light geese. The season on dusky Canada geese is closed.
Possession limit is twice the daily bag limit.
Brant
Season Dates: Open January 10 through January 25, 2017.
Daily Bag and Possession Limits: Two and four, respectively.
Coots
Season Dates: Open September 13, 2016, through February 1, 2017.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
Season Dates: Open September 13, 2016, through January 18, 2017.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 13, 2016, through March 10, 2017.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-Tailed Pigeons
Season Dates: Open September 13, 2016, through January 18, 2017.
Daily Bag and Possession Limits: Two and four pigeons,
respectively.
Port Gamble S'Klallam Tribe
Ducks
Season Dates: Open September 1, 2016, through March 10, 2017.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one pintail, one canvasback, four scoters, and
two redheads. Possession limit is twice the daily bag limit. Bag and
possession limits for harlequin ducks is one per season.
Geese
Season Dates: Open September 1, 2016, through March 10, 2017.
Daily Bag and Possession Limits: Four geese, and may include no
more than three light geese. The season on dusky Canada geese is
closed. Possession limit is twice the daily bag limit.
Brant
Season Dates: Open November 9, 2016, through January 31, 2017.
Daily Bag and Possession Limits: Two and four, respectively.
Coots
Season Dates: Open September 1, 2016, through March 10, 2017.
Daily Bag and Possession Limits: 7 and 14 coots, respectively.
Mourning Doves
Season Dates: Open September 1, 2016, through January 31, 2017.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 1, 2016, through March 10, 2017.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-Tailed Pigeons
Season Dates: Open September 1, 2016, through March 10, 2017.
Daily Bag and Possession Limits: Two and four pigeons,
respectively.
General: Tribal members must possess a tribal hunting permit from
the Point No Point Tribal Council pursuant to tribal law. Hunting hours
are from one-half hour before sunrise to sunset. Hunters must observe
all other basic Federal migratory bird hunting regulations in 50 CFR
part 20.
(r) The Saginaw Chippewa Indian Tribe of Michigan, Isabella
Reservation, Mt. Pleasant, Michigan (Tribal Members Only)
Mourning Doves
Season Dates: Open September 1, 2016, through January 31, 2017.
Daily Bag Limit: 25 doves.
Ducks
Season Dates: Open September 1, 2016, through January 31, 2017.
Daily Bag Limits: 20, including no more than 5 hen mallard, 5 wood
duck, 5 black duck, 5 pintail, 5 redhead, 5 scaup, and 5 canvasback.
Mergansers
Season Dates: Open September 1, 2016, through January 31, 2017.
Daily Bag Limit: 10, including no more than 5 hooded mergansers.
Canada Geese
Season Dates: Open September 1, 2016, through January 31, 2017.
Daily Bag Limit: 20 in the aggregate.
Coots and Gallinule
Season Dates: Open September 1, 2016, through January 31, 2017.
Daily Bag Limit: 20 in the aggregate.
Woodcock
Season Dates: Open September 1, 2016, through January 31, 2017.
Daily Bag Limits: 10.
Common Snipe
Season Dates: Open September 1, 2016, through January 31, 2017.
Daily Bag Limits: 16.
Sora and Virginia Rails
Season Dates: Open September 1, 2016, through January 31, 2017.
Daily Bag Limits: 20 in the aggregate.
Sandhill Crane
Season Dates: Open September 1, 2016, through January 31, 2017.
Daily Bag Limits: One.
General: Possession limits are twice the daily bag limits except
for rails, of which the possession limit equals the daily bag limit
(20). Tribal members must possess a tribal hunting permit from the
Sault Ste. Marie Tribe pursuant to tribal law. Shooting hours are one-
half hour before sunrise until one-half hour after sunset. Hunters must
observe all other basic Federal migratory bird hunting regulations in
50 CFR part 20.
(s) Sault Ste. Marie Tribe of Chippewa Indians, Sault Ste. Marie,
Michigan (Tribal Members Only).
Mourning Doves
Season Dates: Open September 1 through November 14, 2016.
Daily Bag Limit: 10 doves.
Teal
Season Dates: Open September 1 through December 31, 2016.
Daily Bag Limits: 20 in the aggregate
Ducks
Season Dates: Open September 15 through December 31, 2016.
Daily Bag Limits: 20, including no more than 10 mallards (only 5 of
which may be hens), 5 canvasback, 5 black duck, and 5 wood duck.
Mergansers
Season Dates: Open September 15 through December 31, 2016.
Daily Bag Limit: 10 in the aggregate.
Geese
Season Dates: Open September 1 through December 31, 2016.
Daily Bag Limit: 20 in the aggregate.
Coots and Gallinule
Season Dates: Open September 1 through December 31, 2016.
Daily Bag Limit: 20 in the aggregate.
Woodcock
Season Dates: Open September 2 through December 1, 2016.
Daily Bag Limits: 10.
Common Snipe
Season Dates: Open September 15 through December 31, 2016.
Daily Bag Limits: 16.
Sora and Virginia Rails
Season Dates: Open September 1 through December 31, 2016.
[[Page 62416]]
Daily Bag Limits: 20 in the aggregate.
General: Possession limits are twice the daily bag limits except
for rails, of which the possession limit equals the daily bag limit
(20). Tribal members must possess a tribal hunting permit from the
Sault Ste. Marie Tribe pursuant to tribal law. Shooting hours are one-
half hour before sunrise until one-half hour after sunset. Hunters must
observe all other basic Federal migratory bird hunting regulations in
50 CFR part 20.
(t) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort
Hall, Idaho (Nontribal Hunters).
Ducks, Including Scaup
Duck Season Dates: Open October 8, 2016, through January 20, 2017.
Scaup Season Dates: Open October 8, 2016, through January 1, 2017.
Daily Bag and Possession Limits: Seven ducks and mergansers,
including no more than two hen mallards, two pintail, three scaup, two
canvasback, and two redheads. The possession limit is three times the
daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 coots. The possession limit is
three times the daily bag limit.
Common Snipe
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 8 and 24 snipe, respectively.
Canada Geese
Season Dates: Open October 8, 2016, through January 20, 2017.
Daily Bag and Possession Limits: 4 and 12, respectively.
White-Fronted Geese
Season Dates: Open October 8, 2016, through January 20, 2017.
Daily Bag and Possession Limits: 10 and 30, respectively.
Light Geese
Season Dates: Open October 8, 2016, through January 20, 2017.
Daily Bag and Possession Limits: 20 and 60, respectively
General Conditions: Nontribal hunters must comply with all basic
Federal migratory bird hunting regulations in 50 CFR part 20 regarding
shooting hours and manner of taking. In addition, each waterfowl hunter
16 years of age or older must possess a valid Migratory Bird Hunting
and Conservation Stamp (Duck Stamp) signed in ink across the stamp
face. Other regulations established by the Shoshone-Bannock Tribes also
apply on the reservation.
(u) [Reserved.]
(v) Spokane Tribe of Indians, Spokane Indian Reservation and Ceded
Lands, Wellpinit, Washington (Tribal Members Only).
Ducks
Season Dates: Open September 2, 2016, through January 31, 2017.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, two pintail, two canvasback, three scaup, and
two redheads. Possession limit is twice the daily bag limit.
Geese
Season Dates: Open September 2, 2016, through January 31, 2017.
Daily Bag and Possession Limits: Four dark geese and six light
geese. Possession limit is twice the daily bag limit.
General Conditions: All tribal hunters must have a valid Tribal
identification card on his or her person while hunting. Shooting hours
are one-half hour before sunrise to sunset, and steel shot is required
for all migratory bird hunting. Hunters must observe all other basic
Federal migratory bird hunting regulations in 50 CFR part 20.
(w) [Reserved.]
(x) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal
Members Only).
Common Snipe
Season Dates: Open October 1, 2016, through January 31, 2017.
Daily Bag and Possession Limits: 10 and 30, respectively.
Ducks
Season Dates: Open October 1, 2016, through March 10, 2017.
Daily Bag and Possession Limits: 10 ducks. The possession limit is
three times the daily bag limit.
Coots
Season Dates: Open October 1, 2016, through March 10, 2017.
Daily Bag and Possession Limits: 25 coots. The possession limit is
three times the daily bag limit.
Geese
Season Dates: Open October 1, 2016, through March 10, 2017.
Daily Bag and Possession Limits: 6 and 18, respectively. The season
on brant is closed.
General Conditions: Tribal members hunting on lands will observe
all basic Federal migratory bird hunting regulations found in 50 CFR
part 20, which will be enforced by the Stillaguamish Tribal Law
Enforcement. Tribal members are required to use steel shot or a
nontoxic shot as required by Federal regulations.
(y) Swinomish Indian Tribal Community, LaConner, Washington (Tribal
Members Only). Ceded Territory and Swinomish Reservation
Ducks and Mergansers
Season Dates: Open September 1, 2016, through March 9, 2017.
Daily Bag and Possession Limits: 20 and 40, respectively.
Canada Geese
Season Dates: Open September 1, 2016, through March 9, 2017.
Daily Bag and Possession Limits: 10 and 20 geese, respectively.
Brant
Season Dates: Open September 1, 2016, through March 9, 2017.
Daily Bag and Possession Limits: 5 and 10 brant, respectively.
Coots
Season Dates: Open September 1, 2016, through March 9, 2017.
Daily Bag and Possession Limits: 25 and 75 coots, respectively.
Mourning Dove
Season Dates: Open September 1, 2016, through March 9, 2017.
Daily Bag and Possession Limits: 15 and 30 mourning dove,
respectively.
Band-Tailed Pigeon
Season Dates: Open September 1, 2016, through March 9, 2017.
Daily Bag and Possession Limits: Three and six band-tailed pigeon,
respectively.
(z) The Tulalip Tribes of Washington, Tulalip Indian Reservation,
Marysville, Washington (Tribal Members Only).
Ducks and Mergansers
Season Dates: Open September 1, 2016, through February 28, 2017.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, two pintail, two canvasback, three scaup, and
two redheads. Possession limit is twice the daily bag limit.
Geese
Season Dates: Open September 1, 2016, through February 28, 2017.
Daily Bag and Possession Limits: Seven geese, including no more
than four cackling and dusky Canada geese. Possession limit is twice
the daily bag limit.
Brant
Season Dates: Open September 1, 2016, through February 28, 2017.
Daily Bag and Possession Limits: Two and four brant, respectively.
[[Page 62417]]
Coots
Season Dates: Open September 1, 2016, through February 28, 2017.
Daily Bag and Possession Limits: 25 and 25 coots, respectively.
Snipe
Season Dates: Open September 1, 2016, through February 28, 2017.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
General Conditions: All tribal hunters must have a valid Tribal
identification card on his or her person while hunting. All nontribal
hunters must obtain and possess while hunting a valid Tulalip Tribe
hunting permit and be accompanied by a Tulalip Tribal member. Shooting
hours are one-half hour before sunrise to sunset, and steel shot is
required for all migratory bird hunting. Hunters must observe all other
basic Federal migratory bird hunting regulations in 50 CFR part 20.
(aa) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal
Members Only).
Mourning Doves
Season Dates: Open September 1 through December 31, 2016.
Daily Bag and Possession Limits: 12 and 15 mourning doves,
respectively.
Ducks
Season Dates: Open October 1, 2016, through February 28, 2017.
Daily Bag and Possession Limits: 15 and 20, respectively.
Coots
Season Dates: Open October 1, 2016, through February 15, 2017.
Daily Bag and Possession Limits: 20 and 30, respectively.
Geese
Season Dates: Open October 1, 2016, through February 28, 2017.
Daily Bag and Possession Limits: 7 and 10 geese, respectively.
Brant
Season Dates: Open November 1 through 10, 2016.
Daily Bag and Possession Limits: Two and two, respectively.
General Conditions: Tribal members must have the tribal
identification and harvest report card on their person to hunt. Tribal
members hunting on the Reservation will observe all basic Federal
migratory bird hunting regulations found in 50 CFR part 20, except
shooting hours would be 15 minutes before official sunrise to 15
minutes after official sunset.
(bb) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal
Members Only).
Teal
Season Dates: Open October 10, 2016, through February 18, 2017.
Daily Bag Limits: 10 teal.
Ducks
Season Dates: Open October 10, 2016, through February 18, 2017.
Daily Bag Limits: Six ducks, including no more than four hen
mallards, six black ducks, four mottled ducks, one fulvous whistling
duck, four mergansers, three scaup, two hooded merganser, three wood
ducks, one canvasback, two redheads, and two pintail. The season is
closed for harlequin ducks.
Sea Ducks
Season Dates: Open October 3, 2016, through February 18, 2017.
Daily Bag Limits: Seven ducks including no more than four of any
one species (only one of which may be a hen eider).
Woodcock
Season Dates: Open October 10 through November 26, 2016.
Daily Bag Limits: Three woodcock.
Canada Geese
Season Dates: Open September 1 through 17, 2016, and open October
24, 2016, through February 18, 2017.
Daily Bag Limits: Eight Canada geese.
Snow Geese
Season Dates: Open September 1 through 17, 2016, and open November
21, 2016, through February 20, 2017.
Daily Bag Limits: 15 snow geese.
Sora and Virginia Rails
Season Dates: Open September 1 through November 5, 2016.
Daily Bag Limits: 5 sora and 10 Virginia rails.
Snipe
Season Dates: Open September 1 through December 8, 2016.
Daily Bag Limits: Eight snipe.
General Conditions: Shooting hours are one-half hour before sunrise
to sunset. Nontoxic shot is required. All other basic Federal migratory
bird hunting regulations contained in 50 CFR part 20 will be observed.
(cc) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal
Members Only).
Ducks
Season Dates: Open September 10 through December 18, 2016.
Daily Bag Limit for Ducks: 10 ducks, including no more than 2
female mallards, 1 pintail, and 1 canvasback.
Mergansers
Season Dates: Open September 10 through December 18, 2016.
Daily Bag Limit for Mergansers: Five mergansers, including no more
than two hooded mergansers.
Geese
Season Dates: Open September 1 through December 15, 2016.
Daily Bag Limit: 12 geese through September 23, and 5 thereafter.
Coots
Season Dates: Open September 1 through November 30, 2016.
Daily Bag Limit: 20 coots.
Snipe
Season Dates: Open September 1 through November 30, 2016.
Daily Bag Limit: 10 snipe.
Mourning Dove
Season Dates: Open September 1 through November 30, 2016.
Daily Bag Limit: 25 mourning dove.
Woodcock
Season Dates: Open September 1 through November 30, 2016.
Daily Bag Limit: 10 woodcock.
Rail
Season Dates: Open September 1 through November 30, 2016.
Daily Bag Limit: 25 rail.
General Conditions: Shooting hours are one-half hour before sunrise
to one-half hour after sunset. Nontoxic shot is required. All other
basic Federal migratory bird hunting regulations contained in 50 CFR
part 20 will be observed.
(dd) White Mountain Apache Tribe, Fort Apache Indian Reservation,
Whiteriver, Arizona (Tribal Members and Nontribal Hunters).
Band-Tailed Pigeons (Wildlife Management Unit 10 and Areas South of Y-
70 and Y-10 in Wildlife Management Unit 7, Only)
Season Dates: Open September 1 through 15, 2016.
Daily Bag and Possession Limits: Three and six pigeons,
respectively.
Mourning Doves (Wildlife Management Unit 10 and Areas South of Y-70 and
Y-10 in Wildlife Management Unit 7, Only)
Season Dates: Open September 1 through 15, 2016.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Ducks and Mergansers
Season Dates: Open October 15, 2016, through January 29, 2017.
[[Page 62418]]
Scaup
Season Dates: Open November 5, 2016, through January 29, 2017.
Daily Bag Limits: Seven including no more than two redheads, two
pintail, three scaup (when open), seven mallards (including no more
than two hen mallards), and two canvasback. Possession Limits: Twice
the daily bag limit.
Coots
Season Dates: Open October 15, 2016, through January 29, 2017.
Daily Bag and Possession Limits: 25 and 50, respectively.
Canada Geese
Season Dates: Open October 15, 2016, through January 29, 2017.
Daily Bag and Possession Limits: Three and six Canada geese,
respectively.
General Conditions: All nontribal hunters hunting band-tailed
pigeons and mourning doves on Reservation lands shall have in their
possession a valid White Mountain Apache Daily or Yearly Small Game
Permit. In addition to a small game permit, all nontribal hunters
hunting band-tailed pigeons must have in their possession a White
Mountain Special Band-tailed Pigeon Permit. Other special regulations
established by the White Mountain Apache Tribe apply on the
reservation. Tribal and nontribal hunters will comply with all basic
Federal migratory bird hunting regulations in 50 CFR part 20 regarding
shooting hours and manner of taking.
Dated: August 31, 2016.
Karen Hyun,
Acting Principal Deputy Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2016-21739 Filed 9-8-16; 8:45 am]
BILLING CODE 4333-15-P
