Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2017-18 Season, 39716-39732 [2017-17722]
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39716
Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules
America platform (available on the
Commission’s Web site at www.fcc.gov/
health/maps) released on June 8, 2017;
as such, this extension will facilitate
such filings in GN Docket No. 16–46.
Federal Communications Commission.
Ryan Yates,
Attorney Advisor, Office of the General
Counsel.
[FR Doc. 2017–17731 Filed 8–21–17; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 17–196; RM–11794; DA 17–
726]
Radio Broadcasting Services; Cora,
Wyoming
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
This document requests
comments on a Petition for Rulemaking
filed by Wind River Broadcasting, Inc.,
proposing to amend the FM Table of
Allotments, of the Commission’s rules,
by allotting Channel 274C2 at Cora,
Wyoming, as a first local service. A staff
engineering analysis indicates that
Channel 274C2 can be allotted to Cora,
consistent with the minimum distance
separation requirements of the
Commission’s rules without a site
restriction. The reference coordinates
are 43–03–24 NL and 110–08–07 WL.
DATES: Comments must be filed on or
before September 21, 2017, and reply
comments on or before October 6, 2017.
ADDRESSES: Secretary, Federal
Communications Commission, 445
Twelfth Street SW., Washington, DC
20554. In addition to filing comments
with the FCC, interested parties should
serve counsel for the petitioner as
follows: Dan J. Alpert, Esq., The Law
Office of Dan J. Alpert, 2120 N. 21st Rd.,
Arlington, VA 22201
FOR FURTHER INFORMATION CONTACT:
Deborah A. Dupont, Media Bureau,
(202) 418–2700.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Notice of
Proposed Rulemaking (NPRM), MB
Docket No. 17–196, adopted July 28,
2017 and released July 31, 2017. The
full text of this Commission decision is
available for inspection and copying
during normal business hours in the
FCC’s Reference Information Center at
Portals II, CY–A257, 445 Twelfth Street
SW., Washington, DC 20554. The full
text is also available online at https://
sradovich on DSK3GMQ082PROD with PROPOSALS
SUMMARY:
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apps.fcc.gov/ecfs/. This document does
not contain proposed information
collection requirements subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13. In addition,
therefore, it does not contain any
proposed information collection burden
‘‘for small business concerns with fewer
than 25 employees,’’ pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4).
Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding.
Members of the public should note
that from the time a Notice of Proposed
Rule Making is issued until the matter
is no longer subject to Commission
consideration or court review, all ex
parte contacts are prohibited in
Commission proceedings, such as this
one, which involve channel allotments.
See 47 CFR 1.1204(b) for rules
governing permissible ex parte contacts.
For information regarding proper
filing procedures for comments, see 47
CFR 1.415 and 1.420.
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media
Bureau.
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 73 as follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 309, 310,
334, 336 and 339.
§ 73.202
[Amended]
2. Section 73.202(b), the table is
amended by adding an entry under
Wyoming for Cora to read as follows:
■
§ 73.202
*
Table of Allotments.
*
*
*
*
(b) Table of FM Allotments.
WYOMING
*
*
*
*
*
Cora ..............................................
*
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274C2
*
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[FR Doc. 2017–17730 Filed 8–21–17; 8:45 am]
BILLING CODE 6712–01–P
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS–HQ–MB–2016–0051;
FF09M21200–178–FXMB1231099BPP0]
RIN 1018–BB40
Migratory Bird Hunting; Proposed
Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations
and Ceded Lands for the 2017–18
Season
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
The U.S. Fish and Wildlife
Service (hereinafter, Service or we)
proposes special migratory bird hunting
regulations for certain Tribes on Federal
Indian reservations, off-reservation trust
lands, and ceded lands for the 2017–18
migratory bird hunting season.
DATES: You must submit comments on
the proposed regulations by September
21, 2017.
ADDRESSES: Comments: You may submit
comments on the proposals by one of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments
on Docket No. FWS–HQ–MB–2016–
0051.
• U.S. mail or hand delivery: Public
Comments Processing, Attn: FWS–HQ–
MB–2016–0051; Division of Policy,
Performance, and Management
Programs; U.S. Fish and Wildlife
Service; MS: BPHC; 5275 Leesburg Pike;
Falls Church, VA 22041–3803.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see Public
Comments, below, for more
information).
SUMMARY:
Ron
W. Kokel, U.S. Fish and Wildlife
Service, Department of the Interior, MS:
MB, 5275 Leesburg Pike, Falls Church,
VA 22041–3803; (703) 358–1967.
SUPPLEMENTARY INFORMATION: As part of
DOI’s retrospective regulatory review,
we developed a schedule for migratory
game bird hunting regulations that is
more efficient and will provide dates
much earlier than was possible under
the old process. This will facilitate
planning for the States and all parties
interested in migratory bird hunting.
Beginning in the summer of 2015, with
the development of the 2016–17 hunting
seasons, we are using a new schedule
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules
for establishing our annual migratory
game bird hunting regulations. We will
combine the current early- and lateseason regulatory actions into a single
process, based on predictions derived
from long-term biological information
and harvest strategies, to establish
migratory bird hunting seasons much
earlier than the system we have used for
many years. Under the new process, we
will develop proposed hunting season
frameworks for a given year in the fall
of the prior year. We will finalize those
frameworks a few months later, thereby
enabling the State agencies to select and
publish their season dates in early
summer. This rulemaking is part of that
process.
We developed the guidelines for
establishing special migratory bird
hunting regulations for Indian Tribes in
response to tribal requests for
recognition of their reserved hunting
rights and, for some Tribes, recognition
of their authority to regulate hunting by
both tribal and nontribal hunters on
their reservations. The guidelines
include possibilities for:
(1) On-reservation hunting by both
tribal and nontribal hunters, with
hunting by nontribal hunters on some
reservations to take place within Federal
frameworks but on dates different from
those selected by the surrounding
State(s);
(2) On-reservation hunting by tribal
members only, outside of the usual
Federal frameworks for season dates and
length, and for daily bag and possession
limits; and
(3) Off-reservation hunting by tribal
members on ceded lands, outside of
usual framework dates and season
length, with some added flexibility in
daily bag and possession limits.
In all cases, the regulations
established under the guidelines must
be consistent with the March 10 to
September 1 closed season mandated by
the 1916 Convention between the
United States and Great Britain (for
Canada) for the Protection of Migratory
Birds (Treaty). The guidelines apply to
those Tribes having recognized reserved
hunting rights on Federal Indian
reservations (including off-reservation
trust lands) and on ceded lands. They
also apply to establishing migratory bird
hunting regulations for nontribal
hunters on all lands within the exterior
boundaries of reservations where Tribes
have full wildlife management authority
over such hunting or where the Tribes
and affected States otherwise have
reached agreement over hunting by
nontribal hunters on lands owned by
non-Indians within the reservation.
Tribes usually have the authority to
regulate migratory bird hunting by
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nonmembers on Indian-owned
reservation lands, subject to Service
approval. The question of jurisdiction is
more complex on reservations that
include lands owned by non-Indians,
especially when the surrounding States
have established or intend to establish
regulations governing hunting by nonIndians on these lands. In such cases,
we encourage the Tribes and States to
reach agreement on regulations that
would apply throughout the
reservations. When appropriate, we will
consult with a Tribe and State with the
aim of facilitating an accord. We also
will consult jointly with tribal and State
officials in the affected States where
Tribes wish to establish special hunting
regulations for tribal members on ceded
lands. Because of past questions
regarding interpretation of what events
trigger the consultation process, as well
as who initiates it, we provide the
following clarification.
We routinely provide copies of
Federal Register publications pertaining
to migratory bird management to all
State Directors, Tribes, and other
interested parties. It is the responsibility
of the States, Tribes, and others to notify
us of any concern regarding any
feature(s) of any regulations. When we
receive such notification, we will
initiate consultation.
Our guidelines provide for the
continued harvest of waterfowl and
other migratory game birds by tribal
members on reservations where such
harvest has been a customary practice.
We do not oppose this harvest, provided
it does not take place during the closed
season defined by the Treaty, and does
not adversely affect the status of the
migratory bird resource. Before
developing the guidelines, we reviewed
available information on the current
status of migratory bird populations,
reviewed the current status of migratory
bird hunting on Federal Indian
reservations, and evaluated the potential
impact of such guidelines on migratory
birds. We concluded that the impact of
migratory bird harvest by tribal
members hunting on their reservations
is minimal.
One area of interest in Indian
migratory bird hunting regulations
relates to hunting seasons for nontribal
hunters on dates that are within Federal
frameworks, but which are different
from those established by the State(s)
where the reservation is located. A large
influx of nontribal hunters onto a
reservation at a time when the season is
closed in the surrounding State(s) could
result in adverse population impacts on
one or more migratory bird species. The
guidelines make this unlikely, and we
may modify regulations or establish
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experimental special hunts, after
evaluation of information obtained by
the Tribes.
We believe the guidelines provide
appropriate opportunity to
accommodate the reserved hunting
rights and management authority of
Indian Tribes while ensuring that the
migratory bird resource receives
necessary protection. The conservation
of this important international resource
is paramount. Further, the guidelines
should not be viewed as inflexible. In
this regard, we note that they have been
employed successfully since 1985. We
believe they have been tested
adequately and, therefore, we made
them final beginning with the 1988–89
hunting season (53 FR 31612, August
18, 1988). We should stress here,
however, that use of the guidelines is
not mandatory and no action is required
if a Tribe wishes to observe the hunting
regulations established by the State(s) in
which the reservation is located.
Regulations Schedule for 2017
On June 10, 2016, we published a
proposal to amend title 50 of the Code
of Federal Regulations (CFR) at part 20
(81 FR 38050). The proposal provided a
background and overview of the
migratory bird hunting regulations
process, and addressed the
establishment of seasons, limits, and
other regulations for hunting migratory
game birds under §§ 20.101 through
20.107, 20.109, and 20.110 of subpart K.
Major steps in the 2017–18 regulatory
cycle relating to open public meetings
and Federal Register notifications were
also identified in the June 10, 2016,
proposed rule.
The June 10 proposed rule also
provided detailed information on the
proposed 2017–18 regulatory schedule
and announced the Service Regulations
Committee (SRC) and Flyway Council
meetings.
On October 25–26, 2016, we held
open meetings with the Flyway Council
Consultants, at which the participants
reviewed information on the current
status of migratory game birds and
developed recommendations for the
2017–18 regulations for these species.
On February 9, 2017, we published in
the Federal Register (82 FR 10222) the
proposed frameworks for the 2017–18
season migratory bird hunting
regulations. On May 30, 2017, we
published in the Federal Register (82
FR 24786) final season frameworks for
migratory game bird hunting
regulations, from which wildlife
conservation agency officials from the
States, Puerto Rico, the Virgin Islands,
and the Tribes select hunting dates,
hours, areas, and limits.
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Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules
Population Status and Harvest
Each year we publish various species
status reports that provide detailed
information on the status and harvest of
migratory game birds, including
information on the methodologies and
results. These reports are available at
the address indicated under FOR
FURTHER INFORMATION CONTACT or from
our Web site at https://www.fws.gov/
birds/surveys-and-data/reports-andpublications/population-status.php.
We used the following reports:
Adaptive Harvest Management, 2017
Hunting Season (August 2016);
American Woodcock Population Status,
2016 (August 2016); Band-tailed Pigeon
Population Status, 2016 (September
2016); Migratory Bird Hunting Activity
and Harvest During the 2014–15 and
2015–16 Hunting Seasons (October
2016); Mourning Dove Population
Status, 2016 (August 2016); Status and
Harvests of Sandhill Cranes, Midcontinent, Rocky Mountain, Lower
Colorado River Valley and Eastern
Populations, 2016 (September 2016);
and Waterfowl Population Status, 2016
(August 2016).
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Hunting Season Proposals From Indian
Tribes and Organizations
For the 2017–18 hunting season, we
received requests from 24 Tribes and
Indian organizations. In this proposed
rule, we respond to these requests and
also evaluate anticipated requests for six
Tribes from whom we usually hear but
from whom we have not yet received
proposals. We actively solicit regulatory
proposals from other tribal groups that
are interested in working cooperatively
for the benefit of waterfowl and other
migratory game birds. We encourage
Tribes to work with us to develop
agreements for management of
migratory bird resources on tribal lands.
The proposed frameworks for flyway
regulations were published in the
Federal Register on February 9, 2017
(82 FR 10222), and the final frameworks
on May 30, 2017 (82 FR 24786). We
notified affected Tribes of season dates,
bag limits, etc., of the final frameworks.
As previously discussed, no action is
required by Tribes wishing to observe
migratory bird hunting regulations
established by the State(s) where they
are located. The proposed regulations
for the 30 Tribes that meet the
established criteria are shown below.
(a) Colorado River Indian Tribes,
Colorado River Indian Reservation,
Parker, Arizona (Tribal Members and
Nontribal Hunters)
The Colorado River Indian
Reservation is located in Arizona and
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California. The Tribes own almost all
lands on the reservation, and have full
wildlife management authority.
We have yet to hear from the Colorado
River Indian Tribes. The Tribes usually
request a split dove season, with the
early season beginning on September 1
and ending on September 15, 2017.
Daily bag limits would be 15 mourning
or white-winged doves in the aggregate,
of which no more than 10 may be whitewinged dove. Possession limit would be
45, of which no more than 30 may be
white-winged dove. They usually
request the late season for doves to open
November 7 and close December 20,
2017. The daily bag limit would be 15
mourning doves. The possession limit
would be 45. Shooting hours would be
from one-half hour before sunrise to
noon in the early season and until
sunset in the late season. Other special
tribally set regulations would apply.
The Tribes also usually propose duck
hunting seasons. The season would
usually open October 17, 2017, and
close January 25, 2018. The Tribes
usually propose the same season dates
for mergansers, coots, and common
moorhens. The daily bag limit for ducks,
including mergansers, would be seven,
except that the daily bag limits could
contain no more than two hen mallards,
two redheads, two Mexican ducks, two
goldeneye, three scaup, one pintail, two
cinnamon teal, and one canvasback. The
possession limit would be twice the
daily bag limit after the first day of the
season. The daily bag and possession
limit for coots and common moorhens
would be 25, singly or in the aggregate.
Shooting hours would be from one-half
hour before sunrise to sunset.
For geese, the Colorado River Indian
Tribes usually propose a season of
October 18, 2017, through January 19,
2018. The daily bag limit for geese
would be three light geese and three
dark geese. The possession limit would
be six light geese and six dark geese
after opening day. Shooting hours
would be from one-half hour before
sunrise to sunset.
In 1996, the Tribes conducted a
detailed assessment of dove hunting.
Results showed approximately 16,100
mourning doves and 13,600 whitewinged doves were harvested by
approximately 2,660 hunters who
averaged 1.45 hunter-days. Field
observations and permit sales indicate
that fewer than 200 hunters participate
in waterfowl seasons. Under the
proposed regulations described here and
based upon past seasons, we and the
Tribes estimate harvest will be similar.
Hunters must have a valid Colorado
River Indian Reservation hunting permit
and a Federal Migratory Bird Hunting
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and Conservation Stamp in their
possession while hunting. Other special
tribally set regulations would apply. As
in the past, the regulations would apply
both to tribal and nontribal hunters, and
nontoxic shot is required for waterfowl
hunting.
We propose to approve the Colorado
River Indian Tribes regulations for the
2017–18 hunting season, if the seasons’
dates fall within final flyway
frameworks (applies to nontribal
hunters only) and upon receipt of their
proposal.
(b) Confederated Salish and Kootenai
Tribes, Flathead Indian Reservation,
Pablo, Montana (Tribal and Nontribal
Hunters)
For the past several years, the
Confederated Salish and Kootenai
Tribes and the State of Montana have
entered into cooperative agreements for
the regulation of hunting on the
Flathead Indian Reservation. The State
and the Tribes are currently operating
under a cooperative agreement signed in
1990, which addresses fishing and
hunting management and regulation
issues of mutual concern. This
agreement enables all hunters to utilize
waterfowl hunting opportunities on the
reservation.
As in the past, tribal regulations for
nontribal hunters would be at least as
restrictive as those established for the
Pacific Flyway portion of Montana.
Goose, duck, and coot season dates
would also be at least as restrictive as
those established for the Pacific Flyway
portion of Montana. Shooting hours for
waterfowl hunting on the Flathead
Reservation are one-half hour before
sunrise to one-half hour after sunset.
Steel shot or other federally approved
nontoxic shots are the only legal
shotgun loads on the reservation for
waterfowl or other game birds.
For tribal members, the Tribe
proposes outside frameworks for ducks
and geese of September 1, 2017, through
March 9, 2018. Daily bag and possession
limits were not proposed for tribal
members.
The requested season dates and bag
limits are similar to past regulations.
Harvest levels are not expected to
change significantly. Standardized
check station data from the 1993–94 and
1994–95 hunting seasons indicated no
significant changes in harvest levels and
that the large majority of the harvest is
by nontribal hunters.
We propose to approve the Tribes’
request for special migratory bird
regulations for the 2017–18 hunting
season.
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Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules
(c) Fond du Lac Band of Lake Superior
Chippewa Indians, Cloquet, Minnesota
(Tribal Members Only)
Since 1996, the Service and the Fond
du Lac Band of Lake Superior Chippewa
Indians have cooperated to establish
special migratory bird hunting
regulations for tribal members. The
Fond du Lac’s December 6, 2017,
proposal covers land set apart for the
band under the Treaties of 1837 and
1854 in northeastern and east-central
Minnesota and the Band’s Reservation
near Duluth.
The band’s proposal for 2017–18 is
essentially the same as that approved
last year. The proposed 2017–18
waterfowl hunting season regulations
for Fond du Lac are as follows:
Ducks
A. 1854 and 1837 Ceded Territories
Season Dates: Begin September 9 and
end November 30, 2017.
Daily Bag Limit: 18 ducks, including
no more than 12 mallards (only 3 of
which may be hens), 9 black ducks, 9
scaup, 9 wood ducks, 9 redheads, 9
pintails, and 9 canvasbacks.
Season Dates: Begin September 1 and
end November 30, 2017.
Daily Bag Limit: 12 ducks, including
no more than 8 mallards (only 2 of
which may be hens), 6 black ducks, 6
scaup, 6 redheads, 6 pintails, 6 wood
ducks, and 6 canvasbacks.
Mergansers
A. 1854 and 1837 Ceded Territories
Season Dates: Begin September 9 and
end November 30, 2017.
Daily Bag Limit: 15 mergansers,
including no more than 6 hooded
mergansers.
B. Reservation
Season Dates: Begin September 1 and
end November 30, 2017.
Daily Bag Limit: 10 mergansers,
including no more than 4 hooded
mergansers.
Canada Geese
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All Areas
Season Dates: Begin September 1 and
end November 30, 2017.
Daily Bag Limit: 20 geese.
Sandhill Cranes
1854 and 1837 Ceded Territories Only
Season Dates: Begin September 1 and
end November 30, 2017.
Daily Bag Limit: Two sandhill cranes.
A crane carcass tag is required prior to
hunting.
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A. 1854 and 1837 Ceded Territories
Season Dates: Begin September 9 and
end November 30, 2017.
Daily Bag Limit: 20 coots and
common moorhens, singly or in the
aggregate.
B. Reservation
Season Dates: Begin September 1 and
end November 30, 2017.
Daily Bag Limit: 20 coots and
common moorhens, singly or in the
aggregate.
Sora and Virginia Rails
All Areas
Season Dates: Begin September 1 and
end November 30, 2017.
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, 2017.
Daily Bag Limit: Eight common snipe.
Woodcock
B. Reservation
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Coots and Common Moorhens
(Common Gallinules)
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All Areas
Season Dates: Begin September 1 and
end November 30, 2017.
Daily Bag Limit: Three woodcock.
Mourning Dove
All Areas
Season Dates: Begin September 1 and
end November 30, 2017.
Daily Bag Limit: 30 mourning doves.
The following general conditions
apply:
1. While hunting waterfowl, a tribal
member must carry on his/her person a
valid Ceded Territory License.
2. Shooting hours for migratory birds
are one-half hour before sunrise to onehalf hour after sunset.
3. Except as otherwise noted, tribal
members will be required to comply
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
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enforcing bag limits, all migratory birds
in the possession or custody of band
members on ceded lands will be
considered to have been taken on those
lands unless tagged by a tribal or State
conservation warden as having been
taken on-reservation. All migratory
birds that fall on reservation lands will
not count as part of any off-reservation
bag or possession limit.
The band anticipates harvest will be
fewer than 500 ducks and geese, and
fewer than 10 sandhill cranes.
We propose to approve the request for
special migratory bird hunting
regulations for the Fond du Lac Band of
Lake Superior Chippewa Indians.
(d) Grand Traverse Band of Ottawa and
Chippewa Indians, Suttons Bay,
Michigan (Tribal Members Only)
In the 1995–96 migratory bird
seasons, the Grand Traverse Band of
Ottawa and Chippewa Indians and the
Service first cooperated to establish
special regulations for waterfowl. The
Grand Traverse Band is a self-governing,
federally recognized Tribe located on
the west arm of Grand Traverse Bay in
Leelanau County, Michigan. The Grand
Traverse Band is a signatory Tribe of the
Treaty of 1836. We have approved
special regulations for tribal members of
the 1836 treaty’s signatory Tribes on
ceded lands in Michigan since the
1986–87 hunting season.
For the 2017–18 season, the Tribe
requests that the tribal member duck
season run from September 1, 2017,
through January 20, 2018. A daily bag
limit of 35 would include no more than
8 pintail, 4 canvasback, 5 hooded
merganser, 8 black ducks, 8 wood
ducks, 8 redheads, and 20 mallards
(only 10 of which may be hens).
For Canada and snow geese, the Tribe
proposes a September 1, 2017, through
February 15, 2018, season. For whitefronted geese and brant, the Tribe
proposes a September 20 through
December 30, 2017, season. The daily
bag limit for Canada and snow geese
would be 15, and the daily bag limit for
white-fronted geese and including brant
would be 5 birds. We further note that,
based on available data (of major goose
migration routes), it is unlikely that any
Canada geese from the Southern James
Bay Population will be harvested by the
Tribe.
For woodcock, the Tribe proposes a
September 1 through November 14,
2017, season. The daily bag limit will
not exceed five birds. For mourning
doves, snipe, and rails, the Tribe
proposes a September 1 through
November 14, 2017, season. The daily
bag limit would be 15 mourning dove,
10 snipe, and 10 rail.
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Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules
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For sandhill crane, the Tribe proposes
a September 1 through November 14,
2017, season. The daily bag limit would
be 3 birds and a season limit of 10 birds.
For snipe and rails, the Tribe
proposes a September 1 through
November 14, 2017, season. The daily
bag limit would be 10 birds per species.
Shooting hours would be from onehalf hour before sunrise to one-half hour
after sunset. All other Federal
regulations contained in 50 CFR part 20
would apply. The Tribe proposes to
monitor harvest closely through game
bag checks, patrols, and mail surveys.
Harvest surveys from the 2013–14
hunting season indicated that
approximately 30 tribal hunters
harvested an estimated 100 ducks and
45 Canada geese.
We propose to approve the Grand
Traverse Band of Ottawa and Chippewa
Indians 2017–18 special migratory bird
hunting proposal.
(e) Great Lakes Indian Fish and Wildlife
Commission, Odanah, Wisconsin (Tribal
Members Only)
Since 1985, various bands of the Lake
Superior Tribe of Chippewa Indians
have exercised judicially recognized,
off-reservation hunting rights for
migratory birds in Wisconsin. The
specific regulations were established by
the Service in consultation with the
Wisconsin Department of Natural
Resources and the Great Lakes Indian
Fish and Wildlife Commission
(GLIFWC) (GLIFWC is an intertribal
agency exercising delegated natural
resource management and regulatory
authority from its member Tribes in
portions of Wisconsin, Michigan, and
Minnesota). Beginning in 1986, a Tribal
season on ceded lands in the western
portion of the Michigan Upper
Peninsula was developed in
coordination with the Michigan
Department of Natural Resources. We
have approved regulations for Tribal
members in both Michigan and
Wisconsin since the 1986–87 hunting
season. In 1987, GLIFWC requested, and
we approved, regulations to permit
Tribal members to hunt on ceded lands
in Minnesota, as well as in Michigan
and Wisconsin. The States of Michigan
and Wisconsin originally concurred
with the regulations, although both
Wisconsin and Michigan have raised
various concerns over the years.
Minnesota did not concur with the
original regulations, stressing that the
State would not recognize Chippewa
Indian hunting rights in Minnesota’s
treaty area until a court with
jurisdiction over the State acknowledges
and defines the extent of these rights. In
1999, the U.S. Supreme Court upheld
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the existence of the tribes’ treaty
reserved rights in Minnesota v. Mille
Lacs Band, 199 S. Ct. 1187 (1999).
We acknowledge all of the States’
concerns, but point out that the U.S.
Government has recognized the Indian
treaty reserved rights, and that
acceptable hunting regulations have
been successfully implemented in
Minnesota, Michigan, and Wisconsin.
Consequently, in view of the above, we
have approved regulations since the
1987–88 hunting season on ceded lands
in all three States. In fact, this
recognition of the principle of treaty
reserved rights for band members to
hunt and fish was pivotal in our
decision to approve a 1991–92 season
for the 1836 ceded area in Michigan.
Since then, in the 2007 Consent Decree,
the 1836 Treaty Tribes’ and Michigan
Department of Natural Resources and
Environment established courtapproved regulations pertaining to offreservation hunting rights for migratory
birds.
For 2017, GLIFWC proposes offreservation special migratory bird
hunting regulations on behalf of the
member Tribes of the Voigt Intertribal
Task Force of GLIFWC (for the 1837 and
1842 Treaty areas in Wisconsin and
Michigan), the Mille Lacs Band of
Ojibwe and the six Wisconsin Bands
(for the 1837 Treaty area in Minnesota),
and the Bay Mills Indian Community
(for the 1836 Treaty area in Michigan).
Member Tribes of the Task Force are:
the Bad River Band of the Lake Superior
Tribe of Chippewa Indians, the Lac
Courte Oreilles Band of Lake Superior
Chippewa Indians, the Lac du Flambeau
Band of Lake Superior Chippewa
Indians, the Red Cliff Band of Lake
Superior Chippewa Indians, the St.
Croix Chippewa Indians of Wisconsin,
and the Sokaogon Chippewa
Community (Mole Lake Band), all in
Wisconsin; the Mille Lacs Band of
Chippewa Indians and the Fond du Lac
Band of Lake Superior Chippewa
Indians in Minnesota; and the Lac Vieux
Desert Band of Chippewa Indians and
the Keweenaw Bay Indian Community
in Michigan.
The GLIFWC 2017 proposal has four
changes from regulations approved last
season. First, in the 1837 and 1842
Treaty Areas, the GLIFWC proposal
would allow up to 50 Tribal hunters to
use electronic calls for any open season
under a limited and experimental
design under a special Tribal permit. In
addition to obtaining a special permit,
the Tribal hunter would be required to
complete and submit a hunt diary for
each hunt where electronic calls were
used. Second, GLIFWC also proposes to
allow the take of migratory birds
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(primarily waterfowl) with the use of
hand-held nets, hand-held snares, and/
or capture birds by hand in the 1837
and 1842 Treaty Areas. The GLIWFC
proposal for the use of nets, snares, or
by hand would include the take of birds
at night. Third, GLIFWC proposes
beginning the current swan season
September 1 rather than November 1 in
the 1837 and 1842 Treaty Areas.
However, the trumpeter swan quota
would remain at 10 swans. Lastly,
GLIFWC proposes the addition of a
sandhill crane hunting season in the
1836 Treaty Area.
GLIFWC states that the proposed
regulatory changes are intended to
increase the subsistence opportunities
for tribal migratory bird hunters and
provide opportunities for more efficient
harvesting. Under the GLIFWC’s
proposed regulations, GLIFWC expects
total ceded territory harvest to be
approximately 2,000 to 3,000 ducks, 400
to 600 geese, 20 sandhill cranes, and 20
swans, which, with the exception of
ducks, is roughly similar to anticipated
levels in previous years for those
species for which seasons were
established. 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,
2012, and 2015) indicate that tribal offreservation waterfowl harvest has
averaged fewer than 1,100 ducks and
250 geese annually. In the latest survey
year for which we have specific results
(2015), an estimated 297 hunters hunted
a total of 2,190 days and harvested 2,727
ducks (1.2 ducks per day) and 639
geese. The greatest number of ducks
reported harvested in a single day was
10, while the highest number of geese
reported taken on a single outing was 6.
Mallards, wood ducks, and blue-winged
teal composed about 72 percent of the
duck harvest. Two sandhill cranes were
reported harvested in each of the first
three Tribal sandhill crane seasons, with
3 reported harvested in 2015. No swans
have been harvested. About 81 percent
of the estimated hunting days took place
in Wisconsin, with the remainder
occurring in Michigan. As in past years,
most hunting took place in or near
counties with reservations. Overall,
analysis of hunter survey data over
1996–2015 indicates a general
downward, or flat, trend in both harvest
and hunter participation. More specific
discussion on each of the proposals
follows below.
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Allowing Electronic Calls
In the 1837 and 1842 Treaty Areas,
GLIFWC proposes allowing an
experimental application of electronic
calls with up to 50 Tribal hunters
allowed to use the devices. Individuals
using electronic calls would be required
to obtain a special Tribal permit,
complete a hunt diary for each hunt
where the devices are used, and submit
the hunt diary to the Commission
within 2 weeks of the end of the season
in order to be eligible to obtain a permit
for the following year. GLIFWC
proposes to require hunters to record
the date, time, and location of each
hunt; the number of hunters; the
number of each species harvested per
hunting event; if other hunters were in
the area, any interactions with other
hunters; and other information GLIFWC
deems appropriate. GLIFWC would then
summarize the diary results and submit
a report to the Service. Barring
unforeseen results, GLIFWC proposes
that this experimental application be
replicated for 3 years, after which a full
evaluation would be completed.
As we have stated over the last 6 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; 81 FR 62404,
September 9, 2016), 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. Electronic calls, i.e.,
the use or aid of recorded or electronic
amplified bird calls or sounds, or
recorded or electrically amplified
imitations of bird calls or sounds to lure
or attract migratory game birds to
hunters, were Federally prohibited in
1957, because of their effectiveness in
attracting and aiding the harvest of
ducks and geese and because they are
generally not considered a legitimate
component of hunting (see restriction in
50 CFR 20.21(g)). 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 Canadagoose-only September seasons when all
other waterfowl and crane seasons,
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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, depredation
issues, or public health and safety
issues, or a combination of these.
In our previous responses on this
issue, we have also discussed
information stemming from the use of
electronic calls during the special lightgoose seasons and our conclusions as to
its applicability to most other waterfowl
species. Given available evidence on the
effectiveness of electronic calls, we
continue to be concerned about the large
biological uncertainty surrounding any
widespread use of electronic calls.
Additionally, given the fact that tribal
waterfowl hunting covered by this
proposal would occur on ceded lands
that are not in the ownership of the
Tribes, we remain very concerned that
the use of electronic calls to take
waterfowl would lead to confusion on
the part of the public, wildlifemanagement agencies, and law
enforcement officials in implementing
the requirements of 50 CFR part 20.
Further, similar to the impacts of
baiting, we have concerns on the
uncertain zone of influence range from
the use of electronic calls which could
potentially increase harvest from
nontribal hunters operating within areas
that electronic calls are used during the
dates of the general hunt. However,
unlike baiting, once the electronic call
is removed from an area, the attractant
or lure is immediately removed with
presumably little to no lingering effects.
Notwithstanding our above concerns,
we understand and appreciate
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. We further
appreciate GLIFWC’s latest proposal on
the issue. GLIFWC has proposed a
limited use of electronic calls under an
experimental design with up to only 50
Tribal hunters. Hunters would be
required to obtain special permits and
complete and submit a hunt diary for
each hunt where electronic calls were
used. Clearly, GLIFWC has given this
issue considerable thought. In our
recent discussions with them, they have
willingly discussed our concerns and all
the uncertainties and difficulties
surrounding them. Therefore, we agree
with the tribes that much of the large
uncertainty surrounding any
widespread use of electronic calls could
be potentially controlled, or
significantly lessened, by this very
modest experiment.
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In that light, we are proposing
GLIFWC’s limited experimental
approach with the hope of gaining some
additional information and knowledge
about the use of electronic calls and
their effects on waterfowl. Ideally, this
limited approach would include
utilizing electronic calls both for Canada
geese (where they may already be used
in some instances) and new efforts for
ducks. Important data related to tribal
hunter interest, participation, effects on
targeted species, and harvest would
need to be closely tracked and reported,
as GLIFWC has proposed. We conclude
that the experimental removal of the
electronic call prohibition, with the
proposed limited design, would be
consistent with helping address and
answer some of our long-standing
concerns, and thus we support
GLIFWC’s proposal to allow the
experimental use of electronic calls in
the 1837 and 1842 Treaty Areas for any
open season for a 3-year experimental
period.
Use of Hand-Held Nets and Snares
GLIFWC proposes that we allow the
take of migratory birds (primarily
waterfowl) with the use of hand-held
nets, hand-held snares, and the
capturing of birds by hand in the 1837
and 1842 Treaty Areas. The GLIWFC
proposal for the use of nets and snares
and capturing by hand would include
the take of birds at night. Within the
1837 and 1842 Treaty Areas, tribal
members would be allowed to use nonmechanical, hand-operated nets (i.e.,
throw/cast nets or hand-held nets
typically used to land fish) and handoperated snares, and could chase and
capture migratory birds without the aid
of hunting devices (i.e., by hand). Nonattended nets or snares would not be
authorized under this proposal. Tribal
members using nets or snares to take
migratory birds, or taking birds by hand,
would be required to obtain a special
Tribal permit, complete a hunt diary for
each hunt where these methods are
used, and submit the hunt diary to the
Commission within 2 weeks of the end
of the season in order to be eligible to
obtain a permit to net migratory birds
for the following year. GLIFWC-required
information would include the date,
time, and location of the hunt; number
of hunters; the number of each species
harvested per hunting event; and other
information GLIFWC deems
appropriate. Diary results would then be
summarized and documented in a
GLIFWC report, which would be
submitted to the Service. Barring
unforeseen results, GLIFWC proposes
that this experimental application be
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replicated for 3 years, after which a full
evaluation would be completed.
Current regulations at 50 CFR part 20
do not allow the use of traps, nets, or
snares to capture migratory game birds
(see § 20.21(a)), and we are unaware of
any current State regulations allowing
the use of traps for the capture of
resident game birds. While the use of
traps or nets for birds is not generally
considered a sport-hunting technique,
we recognize that their use may be a
customary and traditional hunting
method by tribal members. Further,
GLIFWC’s netting and trapping proposal
does not allow baiting (which could
lead to concerns related to potential
disease transmission) or the herding of
waterfowl into traps when they are
largely flightless, such as during the
summer molt. Practices such as these
would significantly increase our
concerns. As such, and recognizing the
importance GLIFWC has placed on this
issue, we are not opposed to the
trapping of migratory birds, especially
given all the GLIFWC-proposed
restrictions on their use and the fact that
they will be manned at all times. Thus,
we agree with the GLIFWC proposal and
believe the restrictions they have
proposed are appropriate to begin a 3year experimental evaluation.
sradovich on DSK3GMQ082PROD with PROPOSALS
Extension of the Swan Season
GLIFWC has conducted a swan season
in the 1837 and 1842 Treaty Areas since
2014. While the season primarily is
targeted at tundra swans, trumpeter
swans are legally allowed in the daily
bag limit. However, all swans harvested
must be registered with the Tribe by
presenting the fully feathered carcass to
a tribal registration station or GLIFWC
warden, to confirm species. If the total
number of trumpeter swans harvested
reaches 10, GLIFWC closes the swan
season by emergency rule. Hunters are
expected to check the GLIFWC’s Web
site each day they hunt to determine
season status. To date, no swans have
been harvested. GLIFWC would like to
expand the current swan season by
beginning the season September 1 rather
than November 1, as they believe the
current regulations may too restrictive.
The trumpeter swan quota would
remain at 10 swans. Given the absence
of any swan harvest, we agree. If, in
future years, the swan season closes
early due to attainment of the trumpeter
swan quota before December 31,
GLIFWC proposes, and we agree, to reevaluate the earlier opening date in
order to shift potential harvest back
towards tundra swans.
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Sandhill Crane Season in the 1836
Treaty Area
GLIFWC proposes the addition of a
sandhill crane hunting season in the
1836 Treaty Area. Currently, the State of
Michigan does not offer a sandhill crane
hunt season to their hunters. In the 1836
and 1842 Treaty Areas, only two
sandhill cranes were reported harvested
in each of the first three Tribal sandhill
crane seasons, with 3 reported harvested
in 2015. Given the expected relative
light hunting pressure, the proposed
daily bag limit of 1 sandhill crane with
a seasonal bag limit of 3 cranes, and the
fact that crane harvest will be monitored
through Tribal-required hunter
registration, we see no compelling
biological reason to not approve the
proposal.
The proposed 2017–18 waterfowl
hunting season regulations apply to all
treaty areas (except where noted) for
GLIFWC as follows:
D. Woodcock
Season Dates: Begin September 5 and
end December 31, 2017.
Daily Bag Limit: 10 woodcock.
E. Mourning Dove: 1837 and 1842
Ceded Territories Only
Season Dates: Begin September 1 and
end November 29, 2017.
Daily Bag Limit: 15 mourning doves.
F. Sandhill Cranes: 1837 and 1842
Ceded Territories Only
Season Dates: Begin September 1 and
end December 31, 2017.
Daily Bag Limit: 2 cranes and no
seasonal bag limit in the 1837 and 1842
Treaty areas; 1 crane with a seasonal bag
limit of 3 in the1836 Treaty area.
G. Swans: 1837 and 1842 Ceded
Territories Only
Season Dates: Begin September 1 and
end December 31, 2017.
Daily Bag Limit: 50 ducks in the 1837
and 1842 Treaty Area; 30 ducks in the
1836 Treaty Area.
Season Dates: Begin September 1 and
end December 31, 2017.
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.
Mergansers
General Conditions
Season Dates: Begin September 1 and
end December 31, 2017.
Daily Bag Limit: 10 mergansers.
A. All tribal members will be required
to obtain a valid tribal waterfowl
hunting permit.
B. Except as otherwise noted, tribal
members will be required to comply
with tribal codes that will be no less
restrictive than the model ceded
territory conservation codes approved
by Federal courts in the Lac Courte
Oreilles v. State of Wisconsin (Voigt)
and Mille Lacs Band v. State of
Minnesota cases. Chapter 10 in each of
these model codes regulates ceded
territory migratory bird hunting. Both
versions of Chapter 10 parallel Federal
requirements as to hunting methods,
transportation, sale, exportation, and
other conditions generally applicable to
migratory bird hunting. They also
automatically incorporate by reference
the Federal migratory bird regulations
adopted in response to this proposal.
C. Particular regulations of note
include:
1. Nontoxic shot will be required for
all waterfowl hunting by tribal
members.
2. Tribal members in each zone will
comply with tribal regulations
providing for closed and restricted
waterfowl hunting areas. These
regulations generally incorporate the
same restrictions contained in parallel
State regulations.
Ducks
Geese
Season Dates: Begin September 1 and
end December 31, 2017. In addition, any
portion of the ceded territory that is
open to State-licensed hunters for goose
hunting outside of these dates will also
be open concurrently for tribal
members.
Daily Bag Limit: 20 geese in aggregate.
Other Migratory Birds
A. Coots and Common Moorhens
(Common Gallinules)
Season Dates: Begin September 1 and
end December 31, 2017.
Daily Bag Limit: 20 coots and
common moorhens (common
gallinules), singly or in the aggregate.
B. Sora and Virginia Rails
Season Dates: Begin September 1 and
end December 31, 2017.
Daily Bag and Possession Limits: 20,
singly, or in the aggregate, 25.
C. Common Snipe
Season Dates: Begin September 1 and
end December 31, 2017.
Daily Bag Limit: 16 common snipe.
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3. There are no possession limits,
with the exception of 2 swans (in the
aggregate) and 25 rails (in the aggregate).
For purposes of enforcing bag limits, all
migratory birds in the possession and
custody of tribal members on ceded
lands will be considered to have been
taken on those lands unless tagged by a
tribal or State conservation warden as
taken on reservation lands. All
migratory birds that fall on reservation
lands will not count as part of any offreservation bag or possession limit.
4. The baiting restrictions included in
the respective section 10.05(2)(h) of the
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, except that, within the 1837 and
1842 Ceded Territories, hunters may use
non-mechanical nets or snares that are
operated by hand to take those birds
subject to an open hunting season at any
time (see #8 below for further
information). Hunters shall also be
permitted to capture, without the aid of
other devices (i.e., by hand) and
immediately kill birds subject to an
open season, regardless of the time of
day.
7. An experimental application of
electronic calls will be implemented in
the 1837 and 1842 Ceded Territories. Up
to 50 tribal hunters will be allowed to
use electronic calls. Individuals using
these devices will be required to obtain
a special permit; they will be required
to complete a hunt diary for each hunt
where electronic calls are used; and
they will be required to submit the hunt
diary to the Commission within 2 weeks
of the end of the season in order to be
eligible to obtain an permit for the
following year. Required information
will include the date, time, and location
of the hunt; number of hunters; the
number of each species harvested per
hunting event; if other hunters were in
the area, any interactions with other
hunters; and other information deemed
appropriate. Diary results will be
summarized and documented in a
Commission report, which will be
submitted to the Service. Barring
unforeseen results, this experimental
application would be replicated for 3
years, after which a full evaluation
would be completed.
8. Within the 1837 and 1842 Ceded
Territories, tribal members will be
allowed to use non-mechanical, handoperated nets (i.e., throw/cast nets or
hand-held nets typically used to land
fish) and hand-operated snares, and may
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chase and capture migratory birds
without the aid of hunting devices (i.e.,
by hand). At this time, non-attended
nets or snares shall not be authorized
under this regulation. Tribal members
using nets or snares to take migratory
birds, or taking birds by hand, will be
required to obtain a special permit; they
will be required to complete a hunt
diary for each hunt where these
methods are used; and they will be
required to submit the hunt diary to the
Commission within 2 weeks of the end
of the season in order to be eligible to
obtain a permit to net migratory birds
for the following year. Required
information will include the date, time,
and location of the hunt; number of
hunters; the number of each species
harvested per hunting event; and other
information deemed appropriate. Diary
results will be summarized and
documented in a Commission report,
which will be submitted to the Service.
Barring unforeseen results, this
experimental application would be
replicated for 3 years, after which a full
evaluation would be completed.
We propose to approve the above
GLIFWC regulations for the 2017–18
hunting season.
(f) Jicarilla Apache Tribe, Jicarilla
Indian Reservation, Dulce, New Mexico
(Tribal Members and Nontribal Hunters)
The Jicarilla Apache Tribe has had
special migratory bird hunting
regulations for tribal members and
nonmembers since the 1986–87 hunting
season. The Tribe owns all lands on the
reservation and has recognized full
wildlife management authority. In
general, the proposed seasons would be
more conservative than allowed by the
Federal frameworks of last season and
by States in the Pacific Flyway.
The Tribe proposes a 2017–18
waterfowl and Canada goose season
beginning October 14, 2017, and a
closing date of November 30, 2017.
Daily bag and possession limits for
waterfowl would be the same as Pacific
Flyway States. The Tribe proposes a
daily bag limit for Canada geese of two.
Other regulations specific to the Pacific
Flyway guidelines for New Mexico
would be in effect.
During the Jicarilla Game and Fish
Department’s 2015–16 season, estimated
duck harvest was 45, which is the
lowest on record. The species
composition included mainly mallards,
northern shovelor, gadwall, American
wigeon, and teal. The estimated harvest
of geese was 0 birds.
The proposed regulations are
essentially the same as were established
last year. The Tribe anticipates the
maximum 2017–18 waterfowl harvest
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39723
would be around 300 ducks and 30
geese.
We propose to approve the Tribe’s
requested 2017–18 hunting seasons.
(g) Kalispel Tribe, Kalispel Reservation,
Usk, Washington (Tribal Members and
Nontribal Hunters)
The Kalispel Reservation was
established by Executive Order in 1914,
and currently comprises approximately
4,600 acres. The Tribe owns all
Reservation land and has full
management authority. The Kalispel
Tribe has a fully developed wildlife
program with hunting and fishing
codes. The Tribe enjoys excellent
wildlife management relations with the
State. The Tribe and the State have an
operational memorandum of
understanding with emphasis on
fisheries but also for wildlife.
The nontribal member seasons
described below pertain to a 176-acre
waterfowl management unit and 800
acres of reservation land with a guide
for waterfowl hunting. The Tribe is
utilizing this opportunity to rehabilitate
an area that needs protection because of
past land use practices, as well as to
provide additional waterfowl hunting in
the area. Beginning in 1996, the
requested regulations also included a
proposal for Kalispel-member-only
migratory bird hunting on Kalispelceded lands within Washington,
Montana, and Idaho.
For the 2017–18 migratory bird
hunting seasons, the Kalispel Tribe
proposes tribal and nontribal member
waterfowl seasons. The Tribe requests
that both duck and goose seasons open
at the earliest possible date and close on
the latest date under Federal
frameworks.
For nontribal hunters on Tribally
managed lands, the Tribe requests the
seasons open at the earliest possible
date and remain open, for the maximum
amount of open days. Specifically, the
Tribe requests a season for ducks run
September 23–24, 2017, September 29–
30, 2017, and from October 1, 2017, to
January 8, 2018. In that period,
nontribal hunters would be allowed to
hunt approximately 107 days. Hunters
should obtain further information on
specific hunt days from the Kalispel
Tribe.
For nontribal hunters on Tribally
managed lands, the Tribe also requests
a season for geese run September 9–10,
2017, September 16–17, 2017, and from
October 1, 2017, to January 8, 2018.
Total number of days should not exceed
107. Nontribal hunters should obtain
further information on specific hunt
days from the Tribe. Daily bag and
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possession limits would be the same as
those for the State of Washington.
The Tribe reports past nontribal
harvest of 1.5 ducks per day. Under the
proposal, the Tribe expects harvest to be
similar to last year, that is, fewer than
100 geese and 200 ducks.
All other State and Federal
regulations contained in 50 CFR part 20,
such as use of nontoxic shot and
possession of a signed migratory bird
hunting and conservation stamp, would
be required.
For tribal members on Kalispel-ceded
lands, the Kalispel Tribe proposes
season dates for ducks of October 10,
2017, through January 31, 2018, and for
geese of September 10, 2017, through
January 31, 2018. Daily bag and
possession limits would parallel those
in the Federal regulations contained in
50 CFR part 20.
The Tribe reports that there was no
tribal harvest. Under the proposal, the
Tribe expects harvest to be fewer than
200 birds for the season with fewer than
100 geese. Tribal members would be
required to possess a signed Federal
migratory bird stamp and a tribal ceded
lands permit.
We propose to approve the
regulations requested by the Kalispel
Tribe, since these dates conform to
Federal flyway frameworks for the
Pacific Flyway.
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(h) Klamath Tribe, Chiloquin, Oregon
(Tribal Members Only)
The Klamath Tribe currently has no
reservation, per se. However, the
Klamath Tribe has reserved hunting,
fishing, and gathering rights within its
former reservation boundary. This area
of former reservation, granted to the
Klamaths by the Treaty of 1864, is over
1 million acres. Tribal natural resource
management authority is derived from
the Treaty of 1864, and carried out
cooperatively under the judicially
enforced Consent Decree of 1981. The
parties to this Consent Decree are the
Federal Government, the State of
Oregon, and the Klamath Tribe. The
Klamath Indian Game Commission sets
the seasons. The tribal biological staff
and tribal regulatory enforcement
officers monitor tribal harvest by
frequent bag checks and hunter
interviews.
For the 2017–18 seasons, the Tribe
requests proposed season dates of
October 7, 2017, through January 31,
2018. Daily bag limits would be 9 for
ducks, 9 for geese, and 9 for coot, with
possession limits twice the daily bag
limit. Shooting hours would be one-half
hour before sunrise to one-half hour
after sunset. Steel shot is required.
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Based on the number of birds
produced in the Klamath Basin, this
year’s harvest would be similar to last
year’s. Information on tribal harvest
suggests that more than 70 percent of
the annual goose harvest is local birds
produced in the Klamath Basin.
We propose to approve those 2017–18
special migratory bird hunting
regulations.
(i) Leech Lake Band of Ojibwe, Cass
Lake, Minnesota (Tribal Members Only)
The Leech Lake Band of Ojibwe is a
federally recognized Tribe located in
Cass Lake, Minnesota. The reservation
employs conservation officers to enforce
conservation regulations. The Service
and the Tribe have cooperatively
established migratory bird hunting
regulations since 2000.
For the 2017–18 season, the Tribe
requests a duck season starting on
September 16 and ending December 31,
2017, and a goose season to run from
September 1 through December 31,
2017. Daily bag limits for ducks would
be 10, including no more than 5 pintail,
5 canvasback, and 5 black ducks. Daily
bag limits for geese would be 10.
Possession limits would be twice the
daily bag limit. Shooting hours are onehalf hour before sunrise to one-half hour
after sunset.
The annual harvest by tribal members
on the Leech Lake Reservation is
estimated at 250 to 500 birds.
We propose to approve the Leech
Lake Band of Ojibwe’s requested 2017–
18 special migratory bird hunting
season.
(j) Little River Band of Ottawa Indians,
Manistee, Michigan (Tribal Members
Only)
The Little River Band of Ottawa
Indians is a self-governing, federally
recognized Tribe located in Manistee,
Michigan, and a signatory Tribe of the
Treaty of 1836. We have approved
special regulations for tribal members of
the 1836 treaty’s signatory Tribes on
ceded lands in Michigan since the
1986–87 hunting season. Ceded lands
are located in Lake, Mason, Manistee,
and Wexford Counties. The Band
proposes regulations to govern the
hunting of migratory birds by Tribal
members within the 1836 Ceded
Territory as well as on the Band’s
Reservation.
For the 2017–18 season, the Little
River Band of Ottawa Indians proposes
a duck and merganser season from
September 9, 2017, through January 26,
2018. A daily bag limit of 12 ducks
would include no more than 2 pintail,
2 canvasback, 3 black ducks, 3 wood
ducks, 3 redheads, 6 mallards (only 2 of
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which may be a hen), 1 bufflehead, and
1 hooded merganser. Possession limits
would be twice the daily bag limit.
For coots and gallinules, the Tribe
proposes a September 15, 2017, through
January 26, 2018, season. Daily bag
limits would be five coot and five
gallinule.
For white-fronted geese, snow geese,
and brant, the Tribe proposes a
September 8 through December 10,
2017, season. Daily bag limits would be
five geese.
For Canada geese only, the Tribe
proposes a September 1, 2017, through
February 4, 2018, season with a daily
bag limit of five. The possession limit
would be twice the daily bag limit.
For snipe, woodcock, rails, and
mourning doves, the Tribe proposes a
September 1 to November 12, 2017,
season. The daily bag limit would be 10
common snipe, 5 woodcock, 10 rails,
and 10 mourning doves. Possession
limits for all species would be twice the
daily bag limit.
The Tribe monitors harvest through
mail surveys. General conditions are as
follows:
A. All tribal members will be required
to obtain a valid tribal resource card and
2017–18 hunting license.
B. Except as modified by the Service
rules adopted in response to this
proposal, these amended regulations
parallel all Federal regulations
contained in 50 CFR part 20. Shooting
hours will be from one-half hour before
sunrise to sunset.
C. Particular regulations of note
include:
(1) Nontoxic shot will be required for
all waterfowl hunting by tribal
members.
(2) Tribal members in each zone will
comply with tribal regulations
providing for closed and restricted
waterfowl hunting areas. These
regulations generally incorporate the
same restrictions contained in parallel
State regulations.
D. Tribal members hunting in
Michigan will comply with tribal codes
that contain provisions parallel to
Michigan law regarding duck blinds and
decoys.
We plan to approve Little River Band
of Ottawa Indians’ 2017–18 special
migratory bird hunting seasons.
(k) The Little Traverse Bay Bands of
Odawa Indians, Petoskey, Michigan
(Tribal Members Only)
The Little Traverse Bay Bands of
Odawa Indians (LTBB) is a selfgoverning, federally recognized Tribe
located in Petoskey, Michigan, and a
signatory Tribe of the Treaty of 1836.
We have approved special regulations
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for tribal members of the 1836 treaty’s
signatory Tribes on ceded lands in
Michigan since the 1986–87 hunting
season.
For the 2017–18 season, we have not
yet heard from the Little Traverse Bay
Bands of Odawa Indians. The LTBB
usually proposes regulations similar to
those of other Tribes in the 1836 treaty
area. The LTBB usually proposes the
regulations to govern the hunting of
migratory birds by tribal members on
the LTBB reservation and within the
1836 Treaty Ceded Territory. The tribal
member duck and merganser season
would usually run from September 1,
2017, through January 31, 2018. A daily
bag limit of 20 ducks and 10 mergansers
would include no more than 5 hen
mallards, 5 pintail, 5 canvasback, 5
scaup, 5 hooded merganser, 5 black
ducks, 5 wood ducks, and 5 redheads.
For Canada geese, the LTBB usually
proposes a September 1, 2017, through
February 8, 2018, season. The daily bag
limit for Canada geese would be 20
birds. We further note that, based on
available data (of major goose migration
routes), it is unlikely that any Canada
geese from the Southern James Bay
Population would be harvested by the
LTBB. Possession limits are twice the
daily bag limit.
For woodcock, the LTBB usually
proposes a September 1 to December 1,
2017, season. The daily bag limit will
not exceed 10 birds. For snipe, the
LTBB proposes a September 1 to
December 31, 2017, season. The daily
bag limit will not exceed 16 birds. For
mourning doves, the LTBB usually
proposes a September 1 to November
14, 2017, season. The daily bag limit
will not exceed 15 birds. For Virginia
and sora rails, the LTBB usually
proposes a September 1 to December 31,
2017, season. The daily bag limit will
not exceed 20 birds per species. For
coots and gallinules, the LTBB usually
proposes a September 15 to December
31, 2017, season. The daily bag limit
will not exceed 20 birds per species.
The possession limit will not exceed 2
days’ bag limit for all birds.
The LTBB also usually proposes a
sandhill crane season to begin
September 1 and end December 1, 2017.
The daily bag limit will not exceed one
bird. The possession limit will not
exceed two times the bag limit.
All other Federal regulations
contained in 50 CFR part 20 would
apply.
Harvest surveys from 2014–15
hunting season indicated that
approximately 10 hunters harvested 10
different waterfowl species totaling 69
birds. No sandhill cranes were reported
harvested during the 2014–15 season.
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The LTBB usually proposes to monitor
harvest closely through game bag
checks, patrols, and mail surveys. In
particular, the LTBB usually proposes
monitoring the harvest of Southern
James Bay Canada geese and sandhill
cranes to assess any impacts of tribal
hunting on the population.
We propose to approve the Little
Traverse Bay Bands of Odawa Indians’
requested 2017–18 special migratory
bird hunting regulations, upon receipt
of their proposal.
(l) Lower Brule Sioux Tribe, Lower Brule
Reservation, Lower Brule, South Dakota
(Tribal Members and Nontribal Hunters)
The Lower Brule Sioux Tribe first
established tribal migratory bird hunting
regulations for the Lower Brule
Reservation in 1994. The Lower Brule
Reservation is about 214,000 acres in
size and is located on and adjacent to
the Missouri River, south of Pierre. Land
ownership on the reservation is mixed,
and until recently, the Lower Brule
Tribe had full management authority
over fish and wildlife via a
memorandum of agreement (MOA) with
the State of South Dakota. The MOA
provided the Tribe jurisdiction over fish
and wildlife on reservation lands,
including deeded and U.S. Army Corps
of Engineers-taken lands. For the 2017–
18 season, the two parties have come to
an agreement that provides the public a
clear understanding of the Lower Brule
Sioux Wildlife Department license
requirements and hunting season
regulations. The Lower Brule
Reservation waterfowl season is open to
tribal and nontribal hunters.
For the 2017–18 migratory bird
hunting season, the Lower Brule Sioux
Tribe proposes a nontribal member
duck, merganser, and coot season length
of 97 days, or the maximum number of
days allowed by Federal frameworks in
the High Plains Management Unit for
this season. The Tribe proposes a duck
season from October 7, 2017, through
January 11, 2018. The daily bag limit
would be six birds or the maximum
number that Federal regulations allow,
including no more than two hen mallard
and five mallards total, two pintail, two
redhead, two canvasback, three wood
duck, three scaup, and one mottled
duck. The daily bag limit for mergansers
would be five, only two of which could
be a hooded merganser. The daily bag
limit for coots would be 15. Possession
limits would be three times the daily
bag limits.
The Tribe’s proposed nontribalmember Canada goose season would run
from October 28, 2017, through
February 11, 2018 (107-day season
length), with a daily bag limit of six
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Canada geese. The Tribe’s proposed
nontribal member white-fronted goose
season would run from October 28,
2017, through January 23, 2018, with a
daily bag and possession limits
concurrent with Federal regulations.
The Tribe’s proposed nontribal-member
light goose season would run from
October 28, 2017, through February 11,
2018, and February 12 through March
10, 2018. The light goose daily bag limit
would be 20 or the maximum number
that Federal regulations allow with no
possession limits.
For tribal members, the Lower Brule
Sioux Tribe proposes a duck, merganser,
and coot season from September 1,
2017, through March 10, 2018. The
daily bag limit would be six ducks,
including no more than two hen mallard
and five mallards total, two pintail, two
redheads, two canvasback, three wood
ducks, three scaup, two bonus teal
during the first 16 days of the season,
and one mottled duck or the maximum
number that Federal regulations allow.
The daily bag limit for mergansers
would be five, only two of which could
be hooded mergansers. The daily bag
limit for coots would be 15. Possession
limits would be three times the daily
bag limits.
The Tribe’s proposed Canada goose
season for tribal members would run
from September 1, 2017, through March
10, 2018, with a daily bag limit of six
Canada geese. The Tribe’s proposed
white-fronted goose tribal season would
run from September 1, 2017, through
March 10, 2018, with a daily bag limit
of two white-fronted geese or the
maximum number that Federal
regulations allow. The Tribe’s proposed
light goose tribal season would run from
September 1, 2017, through March 10,
2018. The light goose daily bag limit
would be 20 or the maximum number
that Federal regulations allow, with no
possession limits.
In the 2013–14 season, nontribal
members harvested 641 geese and 1,616
ducks. In the 2013–14 season, duck
harvest species composition was
primarily mallard (67 percent), gadwall
(5 percent), green-winged teal (7
percent), and wigeon (5 percent).
The Tribe anticipates a duck and
goose harvest similar to those of the
previous years. All basic Federal
regulations contained in 50 CFR part 20,
including the use of nontoxic shot,
Migratory Bird Hunting and
Conservation Stamps, etc., would be
observed by the Tribe’s proposed
regulations. In addition, the Lower
Brule Sioux Tribe has an official
Conservation Code that was established
by Tribal Council Resolution in June
1982 and updated in 1996.
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We plan to approve the Tribe’s
requested regulations for the Lower
Brule Reservation if the seasons’ dates
fall within final Federal flyway
frameworks (applies to nontribal
hunters only).
(m) Lower Elwha Klallam Tribe, Port
Angeles, Washington (Tribal Members
Only)
Since 1996, the Service and the Point
No Point Treaty Tribes, of which Lower
Elwha was one, have cooperated to
establish special regulations for
migratory bird hunting. The Tribes are
now acting independently, and the
Lower Elwha Klallam Tribe would like
to establish migratory bird hunting
regulations for tribal members for the
2017–18 season. The Tribe has a
reservation on the Olympic Peninsula in
Washington State and is a successor to
the signatories of the Treaty of Point No
Point of 1855.
For the 2017–18 season, we have yet
to hear from the Lower Elwha Klallam
Tribe. The Tribe usually requests
special migratory bird hunting
regulations for ducks (including
mergansers), geese, coots, band-tailed
pigeons, snipe, and mourning doves.
The Lower Elwha Klallam Tribe usually
requests a duck and coot season from
September 13, 2017, to January 4, 2018.
The daily bag limit will be seven ducks,
including no more than two hen
mallards, one pintail, one canvasback,
and two redheads. The daily bag and
possession limit on harlequin duck will
be one per season. The coot daily bag
limit will be 25. The possession limit
will be twice the daily bag limit, except
as noted above.
For geese, the Tribe usually requests
a season from September 13, 2017, to
January 4, 2018. The daily bag limit will
be four, including no more than three
light geese. The season on Aleutian
Canada geese will be closed.
For brant, the Tribe usually proposes
to close the season.
For mourning doves, band-tailed
pigeon, and snipe, the Tribe usually
requests a season from September 1,
2017, to January 11, 2018, with a daily
bag limit of 10, 2, and 8, respectively.
The possession limit will be twice the
daily bag limit.
All Tribal hunters authorized to hunt
migratory birds are required to obtain a
tribal hunting permit from the Lower
Elwha Klallam Tribe pursuant to tribal
law. Hunting hours would be from onehalf hour before sunrise to sunset. Only
steel, tungsten-iron, tungsten-polymer,
tungsten-matrix, and tin shot are
allowed for hunting waterfowl. It is
unlawful to use or possess lead shot
while hunting waterfowl.
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The Tribe typically anticipates
harvest to be fewer than 10 birds. Tribal
reservation police and Tribal fisheries
enforcement officers have the authority
to enforce these migratory bird hunting
regulations.
The Service proposes to approve the
special migratory bird hunting
regulations for the Lower Elwha Klallam
Tribe upon receipt of their proposal.
(n) Makah Indian Tribe, Neah Bay,
Washington (Tribal Members Only)
The Makah Indian Tribe and the
Service have been cooperating to
establish special regulations for
migratory game birds on the Makah
Reservation and traditional hunting
land off the Makah Reservation since
the 2001–02 hunting season. Lands off
the Makah Reservation are those
contained within the boundaries of the
State of Washington Game Management
Units 601–603.
The Makah Indian Tribe proposes a
duck and coot hunting season from
September 23, 2017, to January 28,
2018. The daily bag limit is seven
ducks, including no more than five
mallards (only two hen mallard), one
canvasback, one pintail, three scaup,
and one redhead. The daily bag limit for
coots is 25. The Tribe has a year-round
closure on wood ducks and harlequin
ducks. Shooting hours for all species of
waterfowl are one-half hour before
sunrise to sunset.
For geese, the Tribe proposes that the
season open on September 23, 2017, and
close January 28, 2018. The daily bag
limit for geese is four and one brant. The
Tribe notes that there is a year-round
closure on Aleutian and dusky Canada
geese.
For band-tailed pigeons, the Tribe
proposes that the season open
September 22, 2017, and close October
23, 2017. The daily bag limit for bandtailed pigeons is two.
The Tribe anticipates that harvest
under this regulation will be relatively
low since there are no known dedicated
waterfowl hunters and any harvest of
waterfowl or band-tailed pigeons is
usually incidental to hunting for other
species, such as deer, elk, and bear. The
Tribe expects fewer than 50 ducks and
10 geese to be harvested during the
2017–18 migratory bird hunting season.
All other Federal regulations
contained in 50 CFR part 20 would
apply. The following restrictions are
also proposed by the Tribe:
(1) As per Makah Ordinance 44, only
shotguns may be used to hunt any
species of waterfowl. Additionally,
shotguns must not be discharged within
0.25 miles of an occupied area.
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(2) Hunters must be eligible, enrolled
Makah tribal members and must carry
their Indian Treaty Fishing and Hunting
Identification Card while hunting. No
tags or permits are required to hunt
waterfowl.
(3) The Cape Flattery area is open to
waterfowl hunting, except in designated
wilderness areas, or within 1 mile of
Cape Flattery Trail, or in any area that
is closed to hunting by another
ordinance or regulation.
(4) The use of live decoys and/or
baiting to pursue any species of
waterfowl is prohibited.
(5) Steel or bismuth shot only for
waterfowl is allowed; the use of lead
shot is prohibited.
(6) The use of dogs is permitted to
hunt waterfowl.
The Service proposes to approve the
Makah Indian Tribe’s requested 2017–
18 special migratory bird hunting
regulations.
(o) Navajo Nation, Navajo Indian
Reservation, Window Rock, Arizona
(Tribal Members and Nontribal Hunters)
Since 1985, we have established
uniform migratory bird hunting
regulations for tribal members and
nonmembers on the Navajo Indian
Reservation (in parts of Arizona, New
Mexico, and Utah). The Navajo Nation
owns almost all lands on the reservation
and has full wildlife management
authority.
For the 2017–18 season, the Tribe
requests the earliest opening dates and
longest duck, mergansers, Canada geese,
and coots seasons, and the same daily
bag and possession limits allowed to
Pacific Flyway States under final
Federal frameworks for tribal and
nontribal members.
For both mourning dove and bandtailed pigeons, the Navajo Nation
proposes seasons of September 1
through September 30, 2017, with daily
bag limits of 10 and 5, respectively.
Possession limits would be twice the
daily bag limits.
The Nation requires tribal members
and nonmembers to comply with all
basic Federal migratory bird hunting
regulations in 50 CFR part 20 pertaining
to shooting hours and manner of taking.
In addition, each waterfowl hunter age
16 or older must carry on his/her person
a valid Migratory Bird Hunting and
Conservation Stamp (Duck Stamp),
which must be signed in ink across the
face. Special regulations established by
the Navajo Nation also apply on the
reservation.
The Tribe anticipates a total harvest of
fewer than 500 mourning doves; fewer
than 10 band-tailed pigeons; fewer than
1,000 ducks, coots, and mergansers; and
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fewer than 1,000 Canada geese for the
2017–18 season. The Tribe measures
harvest by mail survey forms. Through
the established Navajo Nation Code,
titles 17 and 18, and 23 U.S.C. 1165, the
Tribe will take action to close the
season, reduce bag limits, or take other
appropriate actions if the harvest is
detrimental to the migratory bird
resource.
We propose to approve the Navajo
Nation’s 2017–18 special migratory bird
hunting regulations.
(p) Oneida Tribe of Indians of
Wisconsin, Oneida, Wisconsin (Tribal
Members Only)
Since 1991–92, the Oneida Tribe of
Indians of Wisconsin and the Service
have cooperated to establish uniform
regulations for migratory bird hunting
by tribal and nontribal hunters within
the original Oneida Reservation
boundaries. Since 1985, the Oneida
Tribe’s Conservation Department has
enforced the Tribe’s hunting regulations
within those original reservation limits.
The Oneida Tribe also has a good
working relationship with the State of
Wisconsin, and the majority of the
seasons and limits are the same for the
Tribe and Wisconsin.
For the 2017–18 season, the Tribe
submitted a proposal requesting special
migratory bird hunting regulations. For
ducks, the Tribe proposal describes the
general outside dates as being
September 16 through December 3,
2017. The Tribe proposes a daily bag
limit of six birds, which could include
no more than six mallards (three hen
mallards), six wood ducks, one redhead,
two pintails, and one hooded
merganser.
For geese, the Tribe requests a season
between September 1 and December 31,
2017, with a daily bag limit of five
Canada geese. If a quota of 500 geese is
attained before the season concludes,
the Tribe will recommend closing the
season early.
For woodcock, the Tribe proposes a
season between September 2 and
November 5, 2017, with a daily bag and
possession limit of two and four,
respectively.
For mourning dove, the Tribe
proposes a season between September 2
and November 5, 2017, with a daily bag
and possession limit of 10 and 20,
respectively.
The Tribe proposes shooting hours be
one-half hour before sunrise to one-half
hour after sunset. Nontribal hunters
hunting on the Reservation or on lands
under the jurisdiction of the Tribe must
comply with all State of Wisconsin
regulations, including shooting hours of
one-half hour before sunrise to sunset,
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17:08 Aug 21, 2017
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season dates, and daily bag limits.
Tribal members and nontribal hunters
hunting on the Reservation or on lands
under the jurisdiction of the Tribe must
observe all basic Federal migratory bird
hunting regulations found in 50 CFR
part 20, with the following exceptions:
Oneida members would be exempt from
the purchase of the Migratory Bird
Hunting and Conservation Stamp (Duck
Stamp); and shotgun capacity is not
limited to three shells.
The Service proposes to approve the
2017–18 special migratory bird hunting
regulations for the Oneida Tribe of
Indians of Wisconsin.
(q) Point No Point Treaty Council
Tribes, Kingston, Washington (Tribal
Members Only)
We are establishing uniform migratory
bird hunting regulations for tribal
members on behalf of the Point No Point
Treaty Council Tribes, consisting of the
Port Gamble S’Klallam and Jamestown
S’Klallam Tribes. The two tribes have
reservations and ceded areas in
northwestern Washington State and are
the successors to the signatories of the
Treaty of Point No Point of 1855. These
proposed regulations will apply to tribal
members both on and off reservations
within the Point No Point Treaty Areas;
however, the Port Gamble S’Klallam and
Jamestown S’Klallam Tribal season
dates differ only where indicated below.
For the 2017–18 season, the Point No
Point Treaty Council requests special
migratory bird hunting regulations for
both the Jamestown S’Klallam and Port
Gamble S’Klallam Tribes. For ducks, the
Jamestown S’Klallam Tribe season
would open September 1, 2017, and
close March 10, 2018, and coots would
open September 13, 2017, and close
February 1, 2018. The Port Gamble
S’Klallam Tribes duck and coot seasons
would open from September 1, 2017, to
March 10, 2018. The daily bag limit
would be seven ducks, including no
more than two hen mallards, one
canvasback, one pintail, two redhead,
and four scoters. The daily bag limit for
coots would be 14. The daily bag limit
and possession limit on harlequin ducks
would be one per season. The daily
possession limits are double the daily
bag limits except where noted.
For geese, the Point No Point Treaty
Council proposes the season open on
September 9, 2017, and close March 10,
2018, for the Jamestown S’Klallam
Tribe, and open on September 1, 2017,
and close March 10, 2018, for the Port
Gamble S’Klallam Tribe. The daily bag
limit for geese would be four, not to
include more than three light geese. The
Council notes that there is a year-round
closure on dusky Canada geese. For
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39727
brant, the Council proposes the season
open on November 9, 2017, and close
January 31, 2018, for the Port Gamble
S’Klallam Tribe, and open on January 10
and close January 25, 2018, for the
Jamestown S’Klallam Tribe. The daily
bag limit for brant would be two.
For band-tailed pigeons, the Port
Gamble S’Klallam Tribe season would
open September 1, 2017, and close
March 10, 2018. The Jamestown
S’Klallam Tribe season would open
September 13, 2017, and close January
18, 2018. The daily bag limit for bandtailed pigeons would be two. For snipe,
the Port Gamble S’Klallam Tribe season
would open September 1, 2017, and
close March 10, 2018. The Jamestown
S’Klallam Tribe season would open
September 13, 2017, and close March
10, 2018. The daily bag limit for snipe
would be eight. For mourning dove, the
Port Gamble S’Klallam Tribe season
would open September 1, 2017, and
close January 31, 2018. The Jamestown
S’Klallam Tribe would open September
13, 2017, and close January 18, 2018.
The daily bag limit for mourning dove
would be 10.
The Tribe anticipates a total harvest of
fewer than 175 birds for the 2017–18
season. The tribal fish and wildlife
enforcement officers have the authority
to enforce these tribal regulations.
We propose to approve the Point No
Point Treaty Council Tribe’s requested
2017–18 special migratory bird seasons.
(r) Saginaw Tribe of Chippewa Indians,
Mt. Pleasant, Michigan (Tribal Members
Only)
The Saginaw Tribe of Chippewa
Indians is a federally recognized, selfgoverning Indian Tribe, located on the
Isabella Reservation lands bound by
Saginaw Bay in Isabella and Arenac
Counties, Michigan.
In a December 1, 2016, letter, the
Tribe proposes special migratory bird
hunting regulations. For ducks,
mergansers, and common snipe, the
Tribe proposes outside dates as
September 1, 2017, through January 31,
2018. The Tribe proposes a daily bag
limit of 20 ducks, which could include
no more than five each of the following:
hen mallards; wood duck; black duck;
pintail; red head; scaup; and
canvasback. The merganser daily bag
limit is 10, with no more than 5 hooded
mergansers and 16 for common snipe.
For geese, coot, gallinule, sora, and
Virginia rail, the Tribe requests a season
from September 1, 2017, to January 31,
2018. The daily bag limit for geese is 20,
in the aggregate. The daily bag limit for
coot, gallinule, sora, and Virginia rail is
20 in the aggregate.
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For woodcock and mourning dove,
the Tribe proposes a season between
September 1, 2017, and January 31,
2018, with daily bag limits of 10 and 25,
respectively.
For sandhill crane, the Tribe proposes
a season between September 1, 2017,
and January 31, 2018, with a daily bag
limit of one.
All Saginaw Tribe members
exercising hunting treaty rights are
required to comply with Tribal
Ordinance 11. Hunting hours would be
from one-half hour before sunrise to
one-half hour after sunset. All other
regulations in 50 CFR part 20 apply,
including the use of only nontoxic shot
for hunting waterfowl.
The Service proposes to approve the
request for 2017–18 special migratory
bird hunting regulations for the Saginaw
Tribe of Chippewa Indians.
(s) Sault Ste. Marie Tribe of Chippewa
Indians, Sault Ste. Marie, Michigan
(Tribal Members Only)
The Sault Ste. Marie Tribe of
Chippewa Indians is a federally
recognized, self-governing Indian Tribe,
distributed throughout the eastern
Upper Peninsula and northern Lower
Peninsula of Michigan. The Tribe has
retained the right to hunt, fish, trap, and
gather on the lands ceded in the Treaty
of Washington (1836).
The Tribe proposes special migratory
bird hunting regulations. For ducks,
mergansers, and common snipe, the
Tribe proposes outside dates as
September 15 through December 31,
2017. The Tribe proposes a daily bag
limit of 20 ducks, which could include
no more than 10 mallards (5 hen
mallards), 5 wood duck, 5 black duck,
and 5 canvasbacks. The merganser daily
bag limit is 10 in the aggregate and 16
for common snipe.
For geese, teal, coot, gallinule, sora,
and Virginia rail, the Tribe requests a
season from September 1 to December
31, 2017. The daily bag limit for geese
is 20, in the aggregate. The daily bag
limit for coot, teal, gallinule, sora, and
Virginia rail is 20 in the aggregate.
For woodcock, the Tribe proposes a
season between September 2 and
December 1, 2017, with a daily bag and
possession limit of 10 and 20,
respectively.
For mourning dove, the Tribe
proposes a season between September 1
and November 14, 2017, with a daily
bag and possession limit of 10 and 20,
respectively.
In 2014, the total estimated waterfowl
hunters were 266. All Sault Ste. Marie
Tribe members exercising hunting treaty
rights within the 1836 Ceded Territory
are required to submit annual harvest
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reports including date of harvest,
number and species harvested, and
location of harvest. Hunting hours
would be from one-half hour before
sunrise to one-half hour after sunset. All
other regulations in 50 CFR part 20
apply, including the use of only
nontoxic shot for hunting waterfowl.
The Service proposes to approve the
request for 2017–18 special migratory
bird hunting regulations for the Sault
Ste. Marie Tribe of Chippewa Indians.
(t) Shoshone-Bannock Tribes, Fort Hall
Indian Reservation, Fort Hall, Idaho
(Nontribal Hunters)
Almost all of the Fort Hall Indian
Reservation is tribally owned. The
Tribes claim full wildlife management
authority throughout the reservation,
but the Idaho Fish and Game
Department has disputed tribal
jurisdiction, especially for hunting by
nontribal members on reservation lands
owned by non-Indians. As a
compromise, since 1985, we have
established the same waterfowl hunting
regulations on the reservation and in a
surrounding off-reservation State zone.
The regulations were requested by the
Tribes and provided for different season
dates than in the remainder of the State.
We agreed to the season dates because
they would provide additional
protection to mallards and pintails. The
State of Idaho concurred with the
zoning arrangement. We have no
objection to the State’s use of this zone
again in the 2017–18 hunting season,
provided the duck and goose hunting
season dates are the same as on the
reservation.
In a proposal for the 2017–18 hunting
season, the Shoshone–Bannock Tribes
request a continuous duck (including
mergansers and coots) season, with the
maximum number of days and the same
daily bag and possession limits
permitted for Pacific Flyway States
under the final Federal frameworks. The
Tribes propose a duck and coot season
with, if the same number of hunting
days is permitted as last year, an
opening date of October 7, 2017, and a
closing date of January 19, 2018. The
Tribes anticipate harvest will be about
7,500 ducks.
The Tribes also request a continuous
goose season with the maximum
number of days and the same daily bag
and possession limits permitted in
Idaho under Federal frameworks. The
Tribes propose that, if the same number
of hunting days is permitted as in
previous years, the season would have
an opening date of October 7, 2017, and
a closing date of January 19, 2018. The
Tribes anticipate harvest will be about
5,000 geese.
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The Tribes request a common snipe
season with the maximum number of
days and the same daily bag and
possession limits permitted in Idaho
under Federal frameworks. The Tribes
propose that, if the same number of
hunting days is permitted as in previous
years, the season would have an
opening date of October 7, 2017, and a
closing date of January 19, 2018.
Nontribal hunters must comply with
all basic Federal migratory bird hunting
regulations in 50 CFR part 20 pertaining
to shooting hours, use of steel shot, and
manner of taking. Special regulations
established by the Shoshone–Bannock
Tribes also apply on the reservation.
We note that the requested regulations
are nearly identical to those of last year,
and we propose to approve them for the
2017–18 hunting season if the seasons’
dates fall within the final Federal
flyway frameworks (applies to nontribal
hunters only).
(u) Skokomish Tribe, Shelton,
Washington (Tribal Members Only)
Since 1996, the Service and the Point
No Point Treaty Tribes, of which the
Skokomish Tribe was one, have
cooperated to establish special
regulations for migratory bird hunting.
The Tribes have been acting
independently since 2005. The
Skokomish Tribe has yet to send in a
proposal to establish migratory bird
hunting regulations for tribal members
for the 2017–18 season. The Tribe has
a reservation on the Olympic Peninsula
in Washington State and is a successor
to the signatories of the Treaty of Point
No Point of 1855.
The Skokomish Tribe usually requests
a duck and coot season from September
16, 2017, to February 28, 2018. The
daily bag limit is seven ducks, including
no more than two hen mallards, one
pintail, one canvasback, and two
redheads. The daily bag and possession
limit on harlequin duck is one per
season. The coot daily bag limit is 25.
The possession limit is twice the daily
bag limit, except as noted above.
For geese, the Tribe usually requests
a season from September 16, 2017, to
February 28, 2018. The daily bag limit
is four, including no more than three
light geese. The season on Aleutian
Canada geese is closed. For brant, the
Tribe usually proposes a season from
November 1, 2017, to February 15, 2018,
with a daily bag limit of two. The
possession limit is twice the daily bag
limit.
For mourning doves, band-tailed
pigeon, and snipe, the Tribe usually
requests a season from September 16,
2017, to February 28, 2018, with a daily
bag limit of 10, 2, and 8, respectively.
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The possession limit is twice the daily
bag limit.
All Tribal hunters authorized to hunt
migratory birds are required to obtain a
tribal hunting permit from the
Skokomish Tribe pursuant to tribal law.
Hunting hours would be from one-half
hour before sunrise to sunset. Only
steel, tungsten-iron, tungsten-polymer,
tungsten-matrix, and tin shot are
allowed for hunting waterfowl. It is
unlawful to use or possess lead shot
while hunting waterfowl.
The Tribe usually anticipates harvest
to be fewer than 150 birds. The
Skokomish Public Safety Office
enforcement officers have the authority
to enforce these migratory bird hunting
regulations.
We propose to approve the
Skokomish Tribe’s 2017–18 migratory
bird hunting season, upon receipt of
their proposal.
(v) Spokane Tribe of Indians, Spokane
Indian Reservation, Wellpinit,
Washington (Tribal Members Only)
The Spokane Tribe of Indians wishes
to establish waterfowl seasons on their
reservation for its membership to access
as an additional resource. An
established waterfowl season on the
reservation will allow access to a
resource for members to continue
practicing a subsistence lifestyle.
The Spokane Indian Reservation is
located in northeastern Washington
State. The reservation comprises
approximately 157,000 acres. The
boundaries of the Reservation are the
Columbia River to the west, the Spokane
River to the south (now Lake Roosevelt),
Tshimikn Creek to the east, and the 48th
Parallel as the north boundary. Tribal
membership comprises approximately
2,300 enrolled Spokane Tribal Members.
These proposed regulations would
allow Tribal Members, spouses of
Spokane Tribal Members, and firstgeneration descendants of a Spokane
Tribal Member with a tribal permit and
Federal Migratory Bird Hunting and
Conservation Stamp an opportunity to
utilize the reservation and ceded lands
for waterfowl hunting. These
regulations would also benefit tribal
membership through access to this
resource throughout Spokane Tribal
ceded lands in eastern Washington. By
Spokane Tribal Referendum, spouses of
Spokane Tribal Members and children
of Spokane Tribal Members not enrolled
are allowed to harvest game animals
within the Spokane Indian Reservation
with the issuance of hunting permits.
For the 2017–18 season, we have not
yet received the Tribe’s proposal. The
Tribe usually requests to establish duck
seasons that would run from September
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2, 2017, through January 31, 2018. The
tribe is requesting the daily bag limit for
ducks to be consistent with final Federal
frameworks. The possession limit is
twice the daily bag limit.
The Tribe usually proposes a season
on geese starting September 2, 2017, and
ending on January 31, 2018. The tribe is
requesting the daily bag limit for geese
to be consistent with final Federal
frameworks. The possession limit is
twice the daily bag limit.
Based on the quantity of requests the
Spokane Tribe of Indians has received,
the tribe anticipates harvest levels for
the 2017–18 season for both ducks and
geese to be fewer than 100 total birds,
with goose harvest at fewer than 50.
Hunter success will be monitored
through mandatory harvest reports
returned within 30 days of the season
closure.
We propose to approve the Spokane
Tribe’s requested 2017–18 special
migratory bird hunting regulations,
upon receipt of their proposal.
(w) Squaxin Island Tribe, Squaxin
Island Reservation, Shelton, Washington
(Tribal Members Only)
The Squaxin Island Tribe of
Washington and the Service have
cooperated since 1995, to establish
special tribal migratory bird hunting
regulations. These special regulations
apply to tribal members on the Squaxin
Island Reservation, located in western
Washington near Olympia, and all lands
within the traditional hunting grounds
of the Squaxin Island Tribe.
For the 2017–18 season, we have yet
to hear from the Squaxin Island Tribe.
The Tribe usually requests to establish
duck and coot seasons that would run
from September 1, 2017, through
January 15, 2018. The daily bag limit for
ducks would be five per day and could
include only one canvasback. The
season on harlequin ducks is closed. For
coots, the daily bag limit is 25. For
snipe, the Tribe usually proposes that
the season start on September 15, 2017,
and end on January 15, 2018. The daily
bag limit for snipe would be eight. For
band-tailed pigeon, the Tribe usually
proposes that the season start on
September 1 and end on December 31,
2017. The daily bag limit would be five.
The possession limit would be twice the
daily bag limit.
The Tribe usually proposes a season
on geese starting September 15, 2017,
and ending on January 15, 2018. The
daily bag limit for geese would be four,
including no more than two snow geese.
The season on Aleutian and cackling
Canada geese would be closed. For
brant, the Tribe usually proposes that
the season start on September 1 and end
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39729
on December 31, 2017. The daily bag
limit for brant would be two. The
possession limit would be twice the
daily bag limit.
We propose to approve the Tribe’s
2017–18 special migratory bird hunting
regulations, upon receipt of their
proposal.
(x) Stillaguamish Tribe of Indians,
Arlington, Washington (Tribal Members
Only)
The Stillaguamish Tribe of Indians
and the Service have cooperated to
establish special regulations for
migratory game birds since 2001. For
the 2017–18 season, the Tribe requests
regulations to hunt all open and
unclaimed lands under the Treaty of
Point Elliott of January 22, 1855,
including their main hunting grounds
around Camano Island, Skagit Flats, and
Port Susan to the border of the Tulalip
Tribes Reservation. Ceded lands are
located in Whatcom, Skagit, Snohomish,
and Kings Counties, and a portion of
Pierce County, Washington. The
Stillaguamish Tribe of Indians is a
federally recognized Tribe and reserves
the Treaty Right to hunt (U.S. v.
Washington).
The Tribe proposes their duck
(including mergansers and coot) and
goose seasons run from October 1, 2017,
to March 10, 2018. The daily bag limit
on ducks (including sea ducks and
mergansers) is 10. The daily bag limit
for coot is 25. For geese, the daily bag
limit is six. The season on brant is
closed. Possession limits are totals of
these three daily bag limits.
The Tribe proposes the snipe seasons
run from October 1, 2017, to January 31,
2018. The daily bag limit for snipe is 10.
Possession limits are three times the
daily bag limit.
Harvest is regulated by a punch card
system. Tribal members hunting on
lands under this proposal will observe
all basic Federal migratory bird hunting
regulations found in 50 CFR part 20,
which will be enforced by the
Stillaguamish Tribal law enforcement.
Tribal members are required to use steel
shot or a nontoxic shot as required by
Federal regulations.
The Tribe anticipates a total harvest of
200 ducks, 100 geese, 50 mergansers,
100 coots, and 100 snipe. Anticipated
harvest needs include subsistence and
ceremonial needs. Certain species may
be closed to hunting for conservation
purposes, and consideration for the
needs of certain species will be
addressed.
The Service proposes to approve the
Stillaguamish Tribe’s request for 2017–
18 special migratory bird hunting
regulations.
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(y) Swinomish Indian Tribal
Community, LaConner, Washington
(Tribal Members Only)
In 1996, the Service and the
Swinomish Indian Tribal Community
began cooperating to establish special
regulations for migratory bird hunting.
The Swinomish Indian Tribal
Community is a federally recognized
Indian Tribe consisting of the
Swinomish, Lower Skagit, Samish, and
Kikialous. The Swinomish Reservation
was established by the Treaty of Point
Elliott of January 22, 1855, and lies in
the Puget Sound area north of Seattle,
Washington.
For the 2017–18 season, the Tribal
Community requests to establish a
migratory bird hunting season on all
areas that are open and unclaimed and
consistent with the meaning of the
treaty. The Tribe proposes their duck
(including mergansers and coot) and
goose seasons run from September 1,
2017, to March 9, 2018. The daily bag
limit on ducks is 20. The daily bag limit
for coot is 25. For geese, the daily bag
limit is 10. The season on brant runs
from September 1, 2017, to March 9,
2018. The daily bag limit is 5.
The Tribe proposes the snipe season
run from September 1, 2017, to March
9, 2018. The daily bag limit for snipe is
15. The Tribe proposes the mourning
dove season run from September 1,
2017, to March 9, 2018. The daily bag
limit for mourning dove is 15. The Tribe
proposes the band-tailed pigeon season
run from September 1, 2017, to March
9, 2018. The daily bag limit for bandtailed pigeon is 3. The Swinomish
Indian Tribal Community requests to
have no possession limits.
The Community anticipates that the
regulations will result in the harvest of
approximately 600 ducks and 200 geese.
The Swinomish utilize a report card and
permit system to monitor harvest and
will implement steps to limit harvest
where conservation is needed. All tribal
regulations will be enforced by tribal
fish and game officers.
We propose to approve these 2017–18
special migratory bird hunting
regulations.
sradovich on DSK3GMQ082PROD with PROPOSALS
(z) The Tulalip Tribes of Washington,
Tulalip Indian Reservation, Marysville,
Washington (Tribal Members Only)
The Tulalip Tribes are the successors
in interest to the Tribes and bands
signatory to the Treaty of Point Elliott of
January 22, 1855. The Tulalip Tribes’
government is located on the Tulalip
Indian Reservation just north of the City
of Everett in Snohomish County,
Washington. The Tribes or individual
tribal members own all of the land on
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the reservation, and they have full
wildlife management authority. All
lands within the boundaries of the
Tulalip Tribes Reservation are closed to
nonmember hunting unless opened by
Tulalip Tribal regulations.
For ducks, mergansers, coot, and
snipe, the Tribe proposes seasons for
tribal members from September 3, 2017,
through February 28, 2018. Daily bag
and possession limits would be 15 and
30 ducks, respectively, except that for
blue-winged teal, canvasback,
harlequin, pintail, and wood duck, the
bag and possession limits would be the
same as those established in accordance
with final Federal frameworks. For coot,
daily bag and possession limits are 25
and 50, respectively, and for snipe 8 and
16, respectively. Ceremonial hunting
may be authorized by the Department of
Natural Resources at any time upon
application of a qualified tribal member.
Such a hunt must have a bag limit
designed to limit harvest only to those
birds necessary to provide for the
ceremony.
For geese, tribal members propose a
season from September 3, 2017, through
February 28, 2018. The goose daily bag
and possession limits would be 10 and
20, respectively, except that the bag
limits for brant, cackling Canada geese,
and dusky Canada geese would be those
established in accordance with final
Federal frameworks.
All hunters on Tulalip Tribal lands
are required to adhere to shooting hour
regulations set at one-half hour before
sunrise to sunset, special tribal permit
requirements, and a number of other
tribal regulations enforced by the Tribe.
Each nontribal hunter 16 years of age
and older hunting pursuant to Tulalip
Tribes’ Ordinance No. 67 must possess
a valid Federal Migratory Bird Hunting
and Conservation Stamp and a valid
State of Washington Migratory
Waterfowl Stamp. Each hunter must
validate stamps by signing across the
face.
Although the season length requested
by the Tulalip Tribes appears to be quite
liberal, harvest information indicates a
total take by tribal and nontribal hunters
of fewer than 1,000 ducks and 500 geese
annually.
We propose to approve the Tulalip
Tribe’s request for 2017–18 special
migratory bird hunting regulations.
(aa) Upper Skagit Indian Tribe, Sedro
Woolley, Washington (Tribal Members
Only)
The Upper Skagit Indian Tribe and
the Service have cooperated to establish
special regulations for migratory game
birds since 2001. The Tribe has
jurisdiction over lands within Skagit,
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Island, and Whatcom Counties,
Washington. The Tribe issues tribal
hunters a harvest report card that will
be shared with the State of Washington.
For the 2017–18 season, the Tribe
requests a duck season starting October
1, 2017, and ending February 28, 2018.
The Tribe proposes a daily bag limit of
15 with a possession limit of 20. The
Tribe requests a coot season starting
October 1, 2017, and ending February
15, 2018. The coot daily bag limit is 20
with a possession limit of 30.
The Tribe proposes a goose season
from October 1, 2017, to February 28,
2018, with a daily bag limit of 7 geese
and a possession limit of 10. For brant,
the Tribe proposes a season from
November 1 to November 10, 2017, with
a daily bag and possession limit of 2.
The Tribe proposes a mourning dove
season between September 1 and
December 31, 2017, with a daily bag
limit of 12 and possession limit of 15.
The anticipated migratory bird
harvest under this proposal would be
100 ducks, 5 geese, 2 brant, and 10
coots. Tribal members must have the
tribal identification and tribal harvest
report card on their person to hunt.
Tribal members hunting on the
Reservation will observe all basic
Federal migratory bird hunting
regulations found in 50 CFR part 20,
except shooting hours would be 15
minutes before official sunrise to 15
minutes after official sunset.
We propose to approve the Tribe’s
2017–18 special migratory bird hunting
regulations.
(bb) Wampanoag Tribe of Gay Head,
Aquinnah, Massachusetts (Tribal
Members Only)
The Wampanoag Tribe of Gay Head is
a federally recognized Tribe located on
the island of Martha’s Vineyard in
Massachusetts. The Tribe has
approximately 560 acres of land, which
it manages for wildlife through its
natural resources department. The Tribe
also enforces its own wildlife laws and
regulations through the natural
resources department.
For the 2017–18 season, we have not
yet heard from the Tribe. The Tribe
usually proposes a duck season of
October 14, 2017, through February 22,
2018. The Tribe usually proposes a
daily bag limit of eight birds, which
could include no more than four hen
mallards, four mottled ducks, one
fulvous whistling duck, four
mergansers, three scaup, two hooded
mergansers, three wood ducks, one
canvasback, two redheads, two pintail,
and four of all other species not listed.
The season for harlequin ducks is
usually closed. The Tribe usually
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proposes a teal (green-winged and blue)
season of October 10, 2017, through
February 22, 2018. A daily bag limit of
six teal would be in addition to the
daily bag limit for ducks.
For sea ducks, the Tribe usually
proposes a season between October 7,
2017, and February 22, 2018, with a
daily bag limit of seven, which could
include no more than one hen eider and
four of any one species unless otherwise
noted above.
For Canada geese, the Tribe usually
requests a season between September 4
and September 21, 2017, and between
October 28, 2017, and February 22,
2018, with a daily bag limit of 8 Canada
geese. For snow geese, the tribe usually
requests a season between September 4
and September 21, 2017, and between
November 25, 2017, and February 22,
2018, with a daily bag limit of 15 snow
geese.
For woodcock, the Tribe usually
proposes a season between October 10
and November 23, 2017, with a daily
bag limit of three. For sora and Virginia
rails, the Tribe usually requests a season
of September 2, 2017, through
November 10, 2017, with a daily bag
limit of 5 sora and 10 Virginia rails. For
snipe, the Tribe usually requests a
season of September 2, 2017, through
December 16, 2017, with a daily bag
limit of 8.
Prior to 2012, the Tribe had 22
registered tribal hunters and estimates
harvest to be no more than 15 geese, 25
mallards, 25 teal, 50 black ducks, and 50
of all other species combined. Tribal
members hunting on the Reservation
will observe all basic Federal migratory
bird hunting regulations found in 50
CFR part 20. The Tribe requires hunters
to register with the Harvest Information
Program.
If we receive a proposal that matches
the Tribe’s usual request, we propose to
approve those 2017–18 special
migratory bird hunting regulations.
(cc) White Earth Band of Ojibwe, White
Earth, Minnesota (Tribal Members Only)
The White Earth Band of Ojibwe is a
federally recognized tribe located in
northwest Minnesota and encompasses
all of Mahnomen County and parts of
Becker and Clearwater Counties. The
reservation employs conservation
officers to enforce migratory bird
regulations. The Tribe and the Service
first cooperated to establish special
tribal regulations in 1999.
For the 2017–18 migratory bird
hunting season, the White Earth Band of
Ojibwe requests a duck season to start
September 9 and end December 17,
2017. For ducks, they request a daily
bag limit of 10, including no more than
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2 hen mallards, 2 pintail, and 2
canvasback. For mergansers, the Tribe
proposes the season to start September
9 and end December 17, 2017. The
merganser daily bag limit would be five,
with no more than two hooded
mergansers. For geese, the Tribe
proposes an early season from
September 1 through September 22,
2017, and a late season from September
23 through December 17, 2017. The
early season daily bag limit is 10 geese,
and the late season daily bag limit is 5
geese.
For coots, the Tribe proposes a
September 1 through November 30,
2017, season with daily bag limits of 20
coots. For snipe, woodcock, rail, and
mourning dove, the Tribe proposes a
September 1 through November 30,
2017, season with daily bag limits of 10,
10, 25, and 25 respectively. Shooting
hours are one-half hour before sunrise to
one-half hour after sunset. Nontoxic
shot is required.
Based on past harvest surveys, the
Tribe anticipates harvest of 1,000 to
2,000 Canada geese and 1,000 to 1,500
ducks. The White Earth Reservation
Tribal Council employs four full-time
conservation officers to enforce
migratory bird regulations.
We propose to approve the Tribe’s
2017–18 special migratory bird hunting
regulations.
(dd) White Mountain Apache Tribe, Fort
Apache Indian Reservation, Whiteriver,
Arizona (Tribal Members and Nontribal
Hunters)
The White Mountain Apache Tribe
owns all reservation lands, and the
Tribe has recognized full wildlife
management authority. As in past years,
the White Mountain Apache Tribe has
requested regulations that are
essentially unchanged from those agreed
to since the 1997–98 hunting season.
The hunting zone for waterfowl is
restricted and is described as: The
length of the Black River west of the
Bonito Creek and Black River
confluence and the entire length of the
Salt River forming the southern
boundary of the reservation; the White
River, extending from the Canyon Day
Stockman Station to the Salt River; and
all stock ponds located within Wildlife
Management Units 4, 5, 6, and 7. Tanks
located below the Mogollon Rim, within
Wildlife Management Units 2 and 3,
will be open to waterfowl hunting
during the 2017–18 season. The length
of the Black River east of the Black
River/Bonito Creek confluence is closed
to waterfowl hunting. All other waters
of the reservation would be closed to
waterfowl hunting for the 2017–18
season.
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
39731
For nontribal and tribal hunters, the
Tribe proposes a continuous duck, coot,
merganser, gallinule, and moorhen
hunting season, with an opening date of
October 14, 2017, and a closing date of
January 28, 2018. The season on scaup
would open November 4, 2017, and end
January 28, 2018. The Tribe proposes a
daily duck (including mergansers) bag
limit of seven, which may include no
more than two redheads, two pintail,
three scaup (when open), seven
mallards (including no more than two
hen mallards), and two canvasback. The
daily bag limit for coots, gallinules, and
moorhens would be 25, singly or in the
aggregate.
For geese, the Tribe proposes a season
from October 14, 2017, through January
28, 2018. Hunting would be limited to
Canada geese, and the daily bag limit
would be three.
Season dates for band-tailed pigeons
and mourning doves would start
September 1, and end September 15,
2017, in Wildlife Management Unit 10
and all areas south of Y–70 and Y–10 in
Wildlife Management Unit 7, only.
Proposed daily bag limits for bandtailed pigeons and mourning doves
would be 3 and 10, respectively.
Possession limits for the above
species are twice the daily bag limits.
Shooting hours would be from one-half
hour before sunrise to sunset. There
would be no open season for sandhill
cranes, rails, and snipe on the White
Mountain Apache lands under this
proposal.
A number of special regulations apply
to tribal and nontribal hunters, which
may be obtained from the White
Mountain Apache Tribe Game and Fish
Department.
We plan to approve the White
Mountain Apache Tribe’s requested
2017–18 special migratory bird hunting
regulations.
Public Comments
The Department of the Interior’s
policy is, whenever possible, to afford
the public an opportunity to participate
in the rulemaking process. Accordingly,
we invite interested persons to submit
written comments, suggestions, or
recommendations regarding the
proposed regulations. Before
promulgating final migratory game bird
hunting regulations, we will consider all
comments we receive. These comments,
and any additional information we
receive, may lead to final regulations
that differ from these proposals.
You may submit your comments and
materials concerning this proposed rule
by one of the methods listed in
ADDRESSES. We will not accept
comments sent by email or fax. We will
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Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules
not consider hand-delivered comments
that we do not receive, or mailed
comments that are not postmarked, by
the date specified in DATES.
We will post all comments in their
entirety—including your personal
identifying information—on https://
www.regulations.gov. Before including
your address, phone number, email
address, or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Comments and materials we receive,
as well as supporting documentation we
used in preparing this proposed rule,
will be available for public inspection
on https://www.regulations.gov, or by
appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service, Division of Migratory Bird
Management, 5275 Leesburg Pike, Falls
Church, VA 22041–3803.
We will consider, but possibly may
not respond in detail to, each comment.
As in the past, we will summarize all
comments we receive during the
comment period and respond to them
after the closing date in the preamble of
a final rule.
Required Determinations
sradovich on DSK3GMQ082PROD with PROPOSALS
Based on our most current data, we
are affirming our required
determinations made in the May 30
rule; for descriptions of our actions to
ensure compliance with the following
statutes and Executive Orders, see our
May 30, 2017, final rule (82 FR 24786):
• National Environmental Policy Act
(NEPA) Consideration;
• Endangered Species Act
Consideration;
• Regulatory Flexibility Act;
• Small Business Regulatory
Enforcement Fairness Act;
• Paperwork Reduction Act of 1995;
• Unfunded Mandates Reform Act;
• Executive Orders 12630, 12866,
12988, 13132, 13175, 13211, 13563, and
13771.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting
and recordkeeping requirements,
Transportation, Wildlife.
The rules that eventually will be
promulgated for the 2017–18 hunting
season are authorized under 16 U.S.C.
703–712 and 16 U.S.C. 742 a–j.
VerDate Sep<11>2014
17:33 Aug 21, 2017
Jkt 241001
Dated: August 9, 2017.
Todd D. Willens,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 2017–17722 Filed 8–21–17; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 216
RIN 0648–XF599
Notification of Receipt of a Petition To
Ban Imports of All Fish and Fish
Products From Mexico That Do Not
Satisfy the Marine Mammal Protection
Act Provisions
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Receipt of petition to ban
imports through emergency rulemaking;
request for information and comments.
AGENCY:
NMFS announces receipt of a
petition for emergency rulemaking
under the Administrative Procedure
Act. Natural Resources Defense Council,
the Center for Biological Diversity, and
Animal Welfare Institute petitioned the
U.S. Department of Commerce and other
relevant Departments to initiate
emergency rulemaking under the
Marine Mammal Protection Act
(‘‘MMPA’’), to ban importation of
commercial fish or products from fish
that have been caught with commercial
fishing technology that results in
incidental mortality or serious injury of
vaquita in excess of United States
standards.
DATES: Written comments must be
received by 5 p.m. Eastern Time on
September 21, 2017.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2017–0097, by either of the
following methods:
1. Electronic Submissions: Submit all
electronic comments via the Federal eRulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20170097, click the ‘‘Comment Now!’’ icon,
complete the required fields and enter
or attach your comments.
2. Mail: Submit written comments to:
Director, Office of International Affairs
and Seafood Inspection, Attn: MMPA
Petition, NMFS, F/IS, 1315 East-West
Highway, Silver Spring, MD 20910.
Instructions: Comments sent by any
other method, to any other address or
SUMMARY:
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
individual, or received after the end of
the comment period, may not be
considered. All comments received are
a part of the public record and will
generally be posted for public viewing
on https://www.regulations.gov without
change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
Attachments to electronic comments
will be accepted in Microsoft Word,
Excel, or Adobe portable document file
(PDF) formats only. The complete text of
the petition is available via the internet
at the following web address: https://
www.nmfs.noaa.gov/ia/. In addition,
copies of this petition may be obtained
by contacting NMFS at the above
address.
FOR FURTHER INFORMATION CONTACT:
Nina Young, NMFS F/IS at
Nina.Young@noaa.gov or 301–427–
8383.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(2) of the Marine
Mammal Protection Act (MMPA), 16
U.S.C. 1371(a)(2), states that: ‘‘The
Secretary of the Treasury shall ban the
importation of commercial fish or
products from fish which have been
caught with commercial fishing
technology which results in the
incidental kill or incidental serious
injury of ocean mammals in excess of
United States standards.’’ In August
2016, NMFS published a final rule (81
FR 54390; August 15, 2016)
implementing the fish and fish product
import provisions in section 101(a)(2) of
the MMPA. This rule established
conditions for evaluating a harvesting
nation’s regulatory programs to address
incidental and intentional mortality and
serious injury of marine mammals in
fisheries operated by nations that export
fish and fish products to the United
States. In that rule, NMFS stated that it
may consider emergency rulemaking to
ban imports of fish and fish products
from an export or exempt fishery having
or likely to have an immediate and
significant adverse impact on a marine
mammal stock.
Information in the Petition
NMFS received the petition on May
18, 2017. The petition alleges that the
Secretaries of Commerce and other
relevant Federal Departments are
required to carry out non-discretionary
E:\FR\FM\22AUP1.SGM
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Agencies
[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Proposed Rules]
[Pages 39716-39732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17722]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS-HQ-MB-2016-0051; FF09M21200-178-FXMB1231099BPP0]
RIN 1018-BB40
Migratory Bird Hunting; Proposed Migratory Bird Hunting
Regulations on Certain Federal Indian Reservations and Ceded Lands for
the 2017-18 Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Fish and Wildlife Service (hereinafter, Service or
we) proposes special migratory bird hunting regulations for certain
Tribes on Federal Indian reservations, off-reservation trust lands, and
ceded lands for the 2017-18 migratory bird hunting season.
DATES: You must submit comments on the proposed regulations by
September 21, 2017.
ADDRESSES: Comments: You may submit comments on the proposals by one of
the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments on Docket No. FWS-HQ-
MB-2016-0051.
U.S. mail or hand delivery: Public Comments Processing,
Attn: FWS-HQ-MB-2016-0051; Division of Policy, Performance, and
Management Programs; U.S. Fish and Wildlife Service; MS: BPHC; 5275
Leesburg Pike; Falls Church, VA 22041-3803.
We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Public Comments, below, for more information).
FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, U.S. Fish and Wildlife
Service, Department of the Interior, MS: MB, 5275 Leesburg Pike, Falls
Church, VA 22041-3803; (703) 358-1967.
SUPPLEMENTARY INFORMATION: As part of DOI's retrospective regulatory
review, we developed a schedule for migratory game bird hunting
regulations that is more efficient and will provide dates much earlier
than was possible under the old process. This will facilitate planning
for the States and all parties interested in migratory bird hunting.
Beginning in the summer of 2015, with the development of the 2016-17
hunting seasons, we are using a new schedule
[[Page 39717]]
for establishing our annual migratory game bird hunting regulations. We
will combine the current early- and late-season regulatory actions into
a single process, based on predictions derived from long-term
biological information and harvest strategies, to establish migratory
bird hunting seasons much earlier than the system we have used for many
years. Under the new process, we will develop proposed hunting season
frameworks for a given year in the fall of the prior year. We will
finalize those frameworks a few months later, thereby enabling the
State agencies to select and publish their season dates in early
summer. This rulemaking is part of that process.
We developed the guidelines for establishing special migratory bird
hunting regulations for Indian Tribes in response to tribal requests
for recognition of their reserved hunting rights and, for some Tribes,
recognition of their authority to regulate hunting by both tribal and
nontribal hunters on their reservations. The guidelines include
possibilities for:
(1) On-reservation hunting by both tribal and nontribal hunters,
with hunting by nontribal hunters on some reservations to take place
within Federal frameworks but on dates different from those selected by
the surrounding State(s);
(2) On-reservation hunting by tribal members only, outside of the
usual Federal frameworks for season dates and length, and for daily bag
and possession limits; and
(3) Off-reservation hunting by tribal members on ceded lands,
outside of usual framework dates and season length, with some added
flexibility in daily bag and possession limits.
In all cases, the regulations established under the guidelines must
be consistent with the March 10 to September 1 closed season mandated
by the 1916 Convention between the United States and Great Britain (for
Canada) for the Protection of Migratory Birds (Treaty). The guidelines
apply to those Tribes having recognized reserved hunting rights on
Federal Indian reservations (including off-reservation trust lands) and
on ceded lands. They also apply to establishing migratory bird hunting
regulations for nontribal hunters on all lands within the exterior
boundaries of reservations where Tribes have full wildlife management
authority over such hunting or where the Tribes and affected States
otherwise have reached agreement over hunting by nontribal hunters on
lands owned by non-Indians within the reservation.
Tribes usually have the authority to regulate migratory bird
hunting by nonmembers on Indian-owned reservation lands, subject to
Service approval. The question of jurisdiction is more complex on
reservations that include lands owned by non-Indians, especially when
the surrounding States have established or intend to establish
regulations governing hunting by non-Indians on these lands. In such
cases, we encourage the Tribes and States to reach agreement on
regulations that would apply throughout the reservations. When
appropriate, we will consult with a Tribe and State with the aim of
facilitating an accord. We also will consult jointly with tribal and
State officials in the affected States where Tribes wish to establish
special hunting regulations for tribal members on ceded lands. Because
of past questions regarding interpretation of what events trigger the
consultation process, as well as who initiates it, we provide the
following clarification.
We routinely provide copies of Federal Register publications
pertaining to migratory bird management to all State Directors, Tribes,
and other interested parties. It is the responsibility of the States,
Tribes, and others to notify us of any concern regarding any feature(s)
of any regulations. When we receive such notification, we will initiate
consultation.
Our guidelines provide for the continued harvest of waterfowl and
other migratory game birds by tribal members on reservations where such
harvest has been a customary practice. We do not oppose this harvest,
provided it does not take place during the closed season defined by the
Treaty, and does not adversely affect the status of the migratory bird
resource. Before developing the guidelines, we reviewed available
information on the current status of migratory bird populations,
reviewed the current status of migratory bird hunting on Federal Indian
reservations, and evaluated the potential impact of such guidelines on
migratory birds. We concluded that the impact of migratory bird harvest
by tribal members hunting on their reservations is minimal.
One area of interest in Indian migratory bird hunting regulations
relates to hunting seasons for nontribal hunters on dates that are
within Federal frameworks, but which are different from those
established by the State(s) where the reservation is located. A large
influx of nontribal hunters onto a reservation at a time when the
season is closed in the surrounding State(s) could result in adverse
population impacts on one or more migratory bird species. The
guidelines make this unlikely, and we may modify regulations or
establish experimental special hunts, after evaluation of information
obtained by the Tribes.
We believe the guidelines provide appropriate opportunity to
accommodate the reserved hunting rights and management authority of
Indian Tribes while ensuring that the migratory bird resource receives
necessary protection. The conservation of this important international
resource is paramount. Further, the guidelines should not be viewed as
inflexible. In this regard, we note that they have been employed
successfully since 1985. We believe they have been tested adequately
and, therefore, we made them final beginning with the 1988-89 hunting
season (53 FR 31612, August 18, 1988). We should stress here, however,
that use of the guidelines is not mandatory and no action is required
if a Tribe wishes to observe the hunting regulations established by the
State(s) in which the reservation is located.
Regulations Schedule for 2017
On June 10, 2016, we published a proposal to amend title 50 of the
Code of Federal Regulations (CFR) at part 20 (81 FR 38050). The
proposal provided a background and overview of the migratory bird
hunting regulations process, and addressed the establishment of
seasons, limits, and other regulations for hunting migratory game birds
under Sec. Sec. 20.101 through 20.107, 20.109, and 20.110 of subpart
K. Major steps in the 2017-18 regulatory cycle relating to open public
meetings and Federal Register notifications were also identified in the
June 10, 2016, proposed rule.
The June 10 proposed rule also provided detailed information on the
proposed 2017-18 regulatory schedule and announced the Service
Regulations Committee (SRC) and Flyway Council meetings.
On October 25-26, 2016, we held open meetings with the Flyway
Council Consultants, at which the participants reviewed information on
the current status of migratory game birds and developed
recommendations for the 2017-18 regulations for these species.
On February 9, 2017, we published in the Federal Register (82 FR
10222) the proposed frameworks for the 2017-18 season migratory bird
hunting regulations. On May 30, 2017, we published in the Federal
Register (82 FR 24786) final season frameworks for migratory game bird
hunting regulations, from which wildlife conservation agency officials
from the States, Puerto Rico, the Virgin Islands, and the Tribes select
hunting dates, hours, areas, and limits.
[[Page 39718]]
Population Status and Harvest
Each year we publish various species status reports that provide
detailed information on the status and harvest of migratory game birds,
including information on the methodologies and results. These reports
are available at the address indicated under FOR FURTHER INFORMATION
CONTACT or from our Web site at https://www.fws.gov/birds/surveys-and-data/reports-and-publications/population-status.php.
We used the following reports: Adaptive Harvest Management, 2017
Hunting Season (August 2016); American Woodcock Population Status, 2016
(August 2016); Band-tailed Pigeon Population Status, 2016 (September
2016); Migratory Bird Hunting Activity and Harvest During the 2014-15
and 2015-16 Hunting Seasons (October 2016); Mourning Dove Population
Status, 2016 (August 2016); Status and Harvests of Sandhill Cranes,
Mid-continent, Rocky Mountain, Lower Colorado River Valley and Eastern
Populations, 2016 (September 2016); and Waterfowl Population Status,
2016 (August 2016).
Hunting Season Proposals From Indian Tribes and Organizations
For the 2017-18 hunting season, we received requests from 24 Tribes
and Indian organizations. In this proposed rule, we respond to these
requests and also evaluate anticipated requests for six Tribes from
whom we usually hear but from whom we have not yet received proposals.
We actively solicit regulatory proposals from other tribal groups that
are interested in working cooperatively for the benefit of waterfowl
and other migratory game birds. We encourage Tribes to work with us to
develop agreements for management of migratory bird resources on tribal
lands.
The proposed frameworks for flyway regulations were published in
the Federal Register on February 9, 2017 (82 FR 10222), and the final
frameworks on May 30, 2017 (82 FR 24786). We notified affected Tribes
of season dates, bag limits, etc., of the final frameworks. As
previously discussed, no action is required by Tribes wishing to
observe migratory bird hunting regulations established by the State(s)
where they are located. The proposed regulations for the 30 Tribes that
meet the established criteria are shown below.
(a) Colorado River Indian Tribes, Colorado River Indian Reservation,
Parker, Arizona (Tribal Members and Nontribal Hunters)
The Colorado River Indian Reservation is located in Arizona and
California. The Tribes own almost all lands on the reservation, and
have full wildlife management authority.
We have yet to hear from the Colorado River Indian Tribes. The
Tribes usually request a split dove season, with the early season
beginning on September 1 and ending on September 15, 2017. Daily bag
limits would be 15 mourning or white-winged doves in the aggregate, of
which no more than 10 may be white-winged dove. Possession limit would
be 45, of which no more than 30 may be white-winged dove. They usually
request the late season for doves to open November 7 and close December
20, 2017. The daily bag limit would be 15 mourning doves. The
possession limit would be 45. Shooting hours would be from one-half
hour before sunrise to noon in the early season and until sunset in the
late season. Other special tribally set regulations would apply.
The Tribes also usually propose duck hunting seasons. The season
would usually open October 17, 2017, and close January 25, 2018. The
Tribes usually propose the same season dates for mergansers, coots, and
common moorhens. The daily bag limit for ducks, including mergansers,
would be seven, except that the daily bag limits could contain no more
than two hen mallards, two redheads, two Mexican ducks, two goldeneye,
three scaup, one pintail, two cinnamon teal, and one canvasback. The
possession limit would be twice the daily bag limit after the first day
of the season. The daily bag and possession limit for coots and common
moorhens would be 25, singly or in the aggregate. Shooting hours would
be from one-half hour before sunrise to sunset.
For geese, the Colorado River Indian Tribes usually propose a
season of October 18, 2017, through January 19, 2018. The daily bag
limit for geese would be three light geese and three dark geese. The
possession limit would be six light geese and six dark geese after
opening day. Shooting hours would be from one-half hour before sunrise
to sunset.
In 1996, the Tribes conducted a detailed assessment of dove
hunting. Results showed approximately 16,100 mourning doves and 13,600
white-winged doves were harvested by approximately 2,660 hunters who
averaged 1.45 hunter-days. Field observations and permit sales indicate
that fewer than 200 hunters participate in waterfowl seasons. Under the
proposed regulations described here and based upon past seasons, we and
the Tribes estimate harvest will be similar.
Hunters must have a valid Colorado River Indian Reservation hunting
permit and a Federal Migratory Bird Hunting and Conservation Stamp in
their possession while hunting. Other special tribally set regulations
would apply. As in the past, the regulations would apply both to tribal
and nontribal hunters, and nontoxic shot is required for waterfowl
hunting.
We propose to approve the Colorado River Indian Tribes regulations
for the 2017-18 hunting season, if the seasons' dates fall within final
flyway frameworks (applies to nontribal hunters only) and upon receipt
of their proposal.
(b) Confederated Salish and Kootenai Tribes, Flathead Indian
Reservation, Pablo, Montana (Tribal and Nontribal Hunters)
For the past several years, the Confederated Salish and Kootenai
Tribes and the State of Montana have entered into cooperative
agreements for the regulation of hunting on the Flathead Indian
Reservation. The State and the Tribes are currently operating under a
cooperative agreement signed in 1990, which addresses fishing and
hunting management and regulation issues of mutual concern. This
agreement enables all hunters to utilize waterfowl hunting
opportunities on the reservation.
As in the past, tribal regulations for nontribal hunters would be
at least as restrictive as those established for the Pacific Flyway
portion of Montana. Goose, duck, and coot season dates would also be at
least as restrictive as those established for the Pacific Flyway
portion of Montana. Shooting hours for waterfowl hunting on the
Flathead Reservation are one-half hour before sunrise to one-half hour
after sunset. Steel shot or other federally approved nontoxic shots are
the only legal shotgun loads on the reservation for waterfowl or other
game birds.
For tribal members, the Tribe proposes outside frameworks for ducks
and geese of September 1, 2017, through March 9, 2018. Daily bag and
possession limits were not proposed for tribal members.
The requested season dates and bag limits are similar to past
regulations. Harvest levels are not expected to change significantly.
Standardized check station data from the 1993-94 and 1994-95 hunting
seasons indicated no significant changes in harvest levels and that the
large majority of the harvest is by nontribal hunters.
We propose to approve the Tribes' request for special migratory
bird regulations for the 2017-18 hunting season.
[[Page 39719]]
(c) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet,
Minnesota (Tribal Members Only)
Since 1996, the Service and the Fond du Lac Band of Lake Superior
Chippewa Indians have cooperated to establish special migratory bird
hunting regulations for tribal members. The Fond du Lac's December 6,
2017, proposal covers land set apart for the band under the Treaties of
1837 and 1854 in northeastern and east-central Minnesota and the Band's
Reservation near Duluth.
The band's proposal for 2017-18 is essentially the same as that
approved last year. The proposed 2017-18 waterfowl hunting season
regulations for Fond du Lac are as follows:
Ducks
A. 1854 and 1837 Ceded Territories
Season Dates: Begin September 9 and end November 30, 2017.
Daily Bag Limit: 18 ducks, including no more than 12 mallards (only
3 of which may be hens), 9 black ducks, 9 scaup, 9 wood ducks, 9
redheads, 9 pintails, and 9 canvasbacks.
B. Reservation
Season Dates: Begin September 1 and end November 30, 2017.
Daily Bag Limit: 12 ducks, including no more than 8 mallards (only
2 of which may be hens), 6 black ducks, 6 scaup, 6 redheads, 6
pintails, 6 wood ducks, and 6 canvasbacks.
Mergansers
A. 1854 and 1837 Ceded Territories
Season Dates: Begin September 9 and end November 30, 2017.
Daily Bag Limit: 15 mergansers, including no more than 6 hooded
mergansers.
B. Reservation
Season Dates: Begin September 1 and end November 30, 2017.
Daily Bag Limit: 10 mergansers, including no more than 4 hooded
mergansers.
Canada Geese
All Areas
Season Dates: Begin September 1 and end November 30, 2017.
Daily Bag Limit: 20 geese.
Sandhill Cranes
1854 and 1837 Ceded Territories Only
Season Dates: Begin September 1 and end November 30, 2017.
Daily Bag Limit: Two sandhill cranes. A crane carcass tag is
required prior to hunting.
Coots and Common Moorhens (Common Gallinules)
A. 1854 and 1837 Ceded Territories
Season Dates: Begin September 9 and end November 30, 2017.
Daily Bag Limit: 20 coots and common moorhens, singly or in the
aggregate.
B. Reservation
Season Dates: Begin September 1 and end November 30, 2017.
Daily Bag Limit: 20 coots and common moorhens, singly or in the
aggregate.
Sora and Virginia Rails
All Areas
Season Dates: Begin September 1 and end November 30, 2017.
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, 2017.
Daily Bag Limit: Eight common snipe.
Woodcock
All Areas
Season Dates: Begin September 1 and end November 30, 2017.
Daily Bag Limit: Three woodcock.
Mourning Dove
All Areas
Season Dates: Begin September 1 and end November 30, 2017.
Daily Bag Limit: 30 mourning doves.
The following general conditions apply:
1. While hunting waterfowl, a tribal member must carry on his/her
person a valid Ceded Territory License.
2. Shooting hours for migratory birds are one-half hour before
sunrise to one-half hour after sunset.
3. Except as otherwise noted, tribal members will be required to
comply with tribal codes that will be no less restrictive than the
provisions of Chapter 10 of the Model Off-Reservation Code. Except as
modified by the Service rules adopted in response to this proposal,
these amended regulations parallel Federal requirements in 50 CFR part
20 as to hunting methods, transportation, sale, exportation, and other
conditions generally applicable to migratory bird hunting.
4. Band members in each zone will comply with State regulations
providing for closed and restricted waterfowl hunting areas.
5. There are no possession limits for migratory birds. For purposes
of enforcing bag limits, all migratory birds in the possession or
custody of band members on ceded lands will be considered to have been
taken on those lands unless tagged by a tribal or State conservation
warden as having been taken on-reservation. All migratory birds that
fall on reservation lands will not count as part of any off-reservation
bag or possession limit.
The band anticipates harvest will be fewer than 500 ducks and
geese, and fewer than 10 sandhill cranes.
We propose to approve the request for special migratory bird
hunting regulations for the Fond du Lac Band of Lake Superior Chippewa
Indians.
(d) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay,
Michigan (Tribal Members Only)
In the 1995-96 migratory bird seasons, the Grand Traverse Band of
Ottawa and Chippewa Indians and the Service first cooperated to
establish special regulations for waterfowl. The Grand Traverse Band is
a self-governing, federally recognized Tribe located on the west arm of
Grand Traverse Bay in Leelanau County, Michigan. The Grand Traverse
Band is a signatory Tribe of the Treaty of 1836. We have approved
special regulations for tribal members of the 1836 treaty's signatory
Tribes on ceded lands in Michigan since the 1986-87 hunting season.
For the 2017-18 season, the Tribe requests that the tribal member
duck season run from September 1, 2017, through January 20, 2018. A
daily bag limit of 35 would include no more than 8 pintail, 4
canvasback, 5 hooded merganser, 8 black ducks, 8 wood ducks, 8
redheads, and 20 mallards (only 10 of which may be hens).
For Canada and snow geese, the Tribe proposes a September 1, 2017,
through February 15, 2018, season. For white-fronted geese and brant,
the Tribe proposes a September 20 through December 30, 2017, season.
The daily bag limit for Canada and snow geese would be 15, and the
daily bag limit for white-fronted geese and including brant would be 5
birds. We further note that, based on available data (of major goose
migration routes), it is unlikely that any Canada geese from the
Southern James Bay Population will be harvested by the Tribe.
For woodcock, the Tribe proposes a September 1 through November 14,
2017, season. The daily bag limit will not exceed five birds. For
mourning doves, snipe, and rails, the Tribe proposes a September 1
through November 14, 2017, season. The daily bag limit would be 15
mourning dove, 10 snipe, and 10 rail.
[[Page 39720]]
For sandhill crane, the Tribe proposes a September 1 through
November 14, 2017, season. The daily bag limit would be 3 birds and a
season limit of 10 birds.
For snipe and rails, the Tribe proposes a September 1 through
November 14, 2017, season. The daily bag limit would be 10 birds per
species.
Shooting hours would be from one-half hour before sunrise to one-
half hour after sunset. All other Federal regulations contained in 50
CFR part 20 would apply. The Tribe proposes to monitor harvest closely
through game bag checks, patrols, and mail surveys. Harvest surveys
from the 2013-14 hunting season indicated that approximately 30 tribal
hunters harvested an estimated 100 ducks and 45 Canada geese.
We propose to approve the Grand Traverse Band of Ottawa and
Chippewa Indians 2017-18 special migratory bird hunting proposal.
(e) Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin
(Tribal Members Only)
Since 1985, various bands of the Lake Superior Tribe of Chippewa
Indians have exercised judicially recognized, off-reservation hunting
rights for migratory birds in Wisconsin. The specific regulations were
established by the Service in consultation with the Wisconsin
Department of Natural Resources and the Great Lakes Indian Fish and
Wildlife Commission (GLIFWC) (GLIFWC is an intertribal agency
exercising delegated natural resource management and regulatory
authority from its member Tribes in portions of Wisconsin, Michigan,
and Minnesota). Beginning in 1986, a Tribal season on ceded lands in
the western portion of the Michigan Upper Peninsula was developed in
coordination with the Michigan Department of Natural Resources. We have
approved regulations for Tribal members in both Michigan and Wisconsin
since the 1986-87 hunting season. In 1987, GLIFWC requested, and we
approved, regulations to permit Tribal members to hunt on ceded lands
in Minnesota, as well as in Michigan and Wisconsin. The States of
Michigan and Wisconsin originally concurred with the regulations,
although both Wisconsin and Michigan have raised various concerns over
the years. Minnesota did not concur with the original regulations,
stressing that the State would not recognize Chippewa Indian hunting
rights in Minnesota's treaty area until a court with jurisdiction over
the State acknowledges and defines the extent of these rights. In 1999,
the U.S. Supreme Court upheld the existence of the tribes' treaty
reserved rights in Minnesota v. Mille Lacs Band, 199 S. Ct. 1187
(1999).
We acknowledge all of the States' concerns, but point out that the
U.S. Government has recognized the Indian treaty reserved rights, and
that acceptable hunting regulations have been successfully implemented
in Minnesota, Michigan, and Wisconsin. Consequently, in view of the
above, we have approved regulations since the 1987-88 hunting season on
ceded lands in all three States. In fact, this recognition of the
principle of treaty reserved rights for band members to hunt and fish
was pivotal in our decision to approve a 1991-92 season for the 1836
ceded area in Michigan. Since then, in the 2007 Consent Decree, the
1836 Treaty Tribes' and Michigan Department of Natural Resources and
Environment established court-approved regulations pertaining to off-
reservation hunting rights for migratory birds.
For 2017, GLIFWC proposes off-reservation special migratory bird
hunting regulations on behalf of the member Tribes of the Voigt
Intertribal Task Force of GLIFWC (for the 1837 and 1842 Treaty areas in
Wisconsin and Michigan), the Mille Lacs Band of Ojibwe and the six
Wisconsin Bands (for the 1837 Treaty area in Minnesota), and the Bay
Mills Indian Community (for the 1836 Treaty area in Michigan). Member
Tribes of the Task Force are: the Bad River Band of the Lake Superior
Tribe of Chippewa Indians, the Lac Courte Oreilles Band of Lake
Superior Chippewa Indians, the Lac du Flambeau Band of Lake Superior
Chippewa Indians, the Red Cliff Band of Lake Superior Chippewa Indians,
the St. Croix Chippewa Indians of Wisconsin, and the Sokaogon Chippewa
Community (Mole Lake Band), all in Wisconsin; the Mille Lacs Band of
Chippewa Indians and the Fond du Lac Band of Lake Superior Chippewa
Indians in Minnesota; and the Lac Vieux Desert Band of Chippewa Indians
and the Keweenaw Bay Indian Community in Michigan.
The GLIFWC 2017 proposal has four changes from regulations approved
last season. First, in the 1837 and 1842 Treaty Areas, the GLIFWC
proposal would allow up to 50 Tribal hunters to use electronic calls
for any open season under a limited and experimental design under a
special Tribal permit. In addition to obtaining a special permit, the
Tribal hunter would be required to complete and submit a hunt diary for
each hunt where electronic calls were used. Second, GLIFWC also
proposes to allow the take of migratory birds (primarily waterfowl)
with the use of hand-held nets, hand-held snares, and/or capture birds
by hand in the 1837 and 1842 Treaty Areas. The GLIWFC proposal for the
use of nets, snares, or by hand would include the take of birds at
night. Third, GLIFWC proposes beginning the current swan season
September 1 rather than November 1 in the 1837 and 1842 Treaty Areas.
However, the trumpeter swan quota would remain at 10 swans. Lastly,
GLIFWC proposes the addition of a sandhill crane hunting season in the
1836 Treaty Area.
GLIFWC states that the proposed regulatory changes are intended to
increase the subsistence opportunities for tribal migratory bird
hunters and provide opportunities for more efficient harvesting. Under
the GLIFWC's proposed regulations, GLIFWC expects total ceded territory
harvest to be approximately 2,000 to 3,000 ducks, 400 to 600 geese, 20
sandhill cranes, and 20 swans, which, with the exception of ducks, is
roughly similar to anticipated levels in previous years for those
species for which seasons were established. 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,
2012, and 2015) indicate that tribal off-reservation waterfowl harvest
has averaged fewer than 1,100 ducks and 250 geese annually. In the
latest survey year for which we have specific results (2015), an
estimated 297 hunters hunted a total of 2,190 days and harvested 2,727
ducks (1.2 ducks per day) and 639 geese. The greatest number of ducks
reported harvested in a single day was 10, while the highest number of
geese reported taken on a single outing was 6. Mallards, wood ducks,
and blue-winged teal composed about 72 percent of the duck harvest. Two
sandhill cranes were reported harvested in each of the first three
Tribal sandhill crane seasons, with 3 reported harvested in 2015. No
swans have been harvested. About 81 percent of the estimated hunting
days took place in Wisconsin, with the remainder occurring in Michigan.
As in past years, most hunting took place in or near counties with
reservations. Overall, analysis of hunter survey data over 1996-2015
indicates a general downward, or flat, trend in both harvest and hunter
participation. More specific discussion on each of the proposals
follows below.
[[Page 39721]]
Allowing Electronic Calls
In the 1837 and 1842 Treaty Areas, GLIFWC proposes allowing an
experimental application of electronic calls with up to 50 Tribal
hunters allowed to use the devices. Individuals using electronic calls
would be required to obtain a special Tribal permit, complete a hunt
diary for each hunt where the devices are used, and submit the hunt
diary to the Commission within 2 weeks of the end of the season in
order to be eligible to obtain a permit for the following year. GLIFWC
proposes to require hunters to record the date, time, and location of
each hunt; the number of hunters; the number of each species harvested
per hunting event; if other hunters were in the area, any interactions
with other hunters; and other information GLIFWC deems appropriate.
GLIFWC would then summarize the diary results and submit a report to
the Service. Barring unforeseen results, GLIFWC proposes that this
experimental application be replicated for 3 years, after which a full
evaluation would be completed.
As we have stated over the last 6 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; 81 FR
62404, September 9, 2016), 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. Electronic calls, i.e., the use or
aid of recorded or electronic amplified bird calls or sounds, or
recorded or electrically amplified imitations of bird calls or sounds
to lure or attract migratory game birds to hunters, were Federally
prohibited in 1957, because of their effectiveness in attracting and
aiding the harvest of ducks and geese and because they are generally
not considered a legitimate component of hunting (see restriction in 50
CFR 20.21(g)). 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,
depredation issues, or public health and safety issues, or a
combination of these.
In our previous responses on this issue, we have also discussed
information stemming from the use of electronic calls during the
special light-goose seasons and our conclusions as to its applicability
to most other waterfowl species. Given available evidence on the
effectiveness of electronic calls, we continue to be concerned about
the large biological uncertainty surrounding any widespread use of
electronic calls. Additionally, given the fact that tribal waterfowl
hunting covered by this proposal would occur on ceded lands that are
not in the ownership of the Tribes, we remain very concerned that the
use of electronic calls to take waterfowl would lead to confusion on
the part of the public, wildlife-management agencies, and law
enforcement officials in implementing the requirements of 50 CFR part
20. Further, similar to the impacts of baiting, we have concerns on the
uncertain zone of influence range from the use of electronic calls
which could potentially increase harvest from nontribal hunters
operating within areas that electronic calls are used during the dates
of the general hunt. However, unlike baiting, once the electronic call
is removed from an area, the attractant or lure is immediately removed
with presumably little to no lingering effects.
Notwithstanding our above concerns, we understand and appreciate
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. We further appreciate GLIFWC's latest
proposal on the issue. GLIFWC has proposed a limited use of electronic
calls under an experimental design with up to only 50 Tribal hunters.
Hunters would be required to obtain special permits and complete and
submit a hunt diary for each hunt where electronic calls were used.
Clearly, GLIFWC has given this issue considerable thought. In our
recent discussions with them, they have willingly discussed our
concerns and all the uncertainties and difficulties surrounding them.
Therefore, we agree with the tribes that much of the large uncertainty
surrounding any widespread use of electronic calls could be potentially
controlled, or significantly lessened, by this very modest experiment.
In that light, we are proposing GLIFWC's limited experimental
approach with the hope of gaining some additional information and
knowledge about the use of electronic calls and their effects on
waterfowl. Ideally, this limited approach would include utilizing
electronic calls both for Canada geese (where they may already be used
in some instances) and new efforts for ducks. Important data related to
tribal hunter interest, participation, effects on targeted species, and
harvest would need to be closely tracked and reported, as GLIFWC has
proposed. We conclude that the experimental removal of the electronic
call prohibition, with the proposed limited design, would be consistent
with helping address and answer some of our long-standing concerns, and
thus we support GLIFWC's proposal to allow the experimental use of
electronic calls in the 1837 and 1842 Treaty Areas for any open season
for a 3-year experimental period.
Use of Hand-Held Nets and Snares
GLIFWC proposes that we allow the take of migratory birds
(primarily waterfowl) with the use of hand-held nets, hand-held snares,
and the capturing of birds by hand in the 1837 and 1842 Treaty Areas.
The GLIWFC proposal for the use of nets and snares and capturing by
hand would include the take of birds at night. Within the 1837 and 1842
Treaty Areas, tribal members would be allowed to use non-mechanical,
hand-operated nets (i.e., throw/cast nets or hand-held nets typically
used to land fish) and hand-operated snares, and could chase and
capture migratory birds without the aid of hunting devices (i.e., by
hand). Non-attended nets or snares would not be authorized under this
proposal. Tribal members using nets or snares to take migratory birds,
or taking birds by hand, would be required to obtain a special Tribal
permit, complete a hunt diary for each hunt where these methods are
used, and submit the hunt diary to the Commission within 2 weeks of the
end of the season in order to be eligible to obtain a permit to net
migratory birds for the following year. GLIFWC-required information
would include the date, time, and location of the hunt; number of
hunters; the number of each species harvested per hunting event; and
other information GLIFWC deems appropriate. Diary results would then be
summarized and documented in a GLIFWC report, which would be submitted
to the Service. Barring unforeseen results, GLIFWC proposes that this
experimental application be
[[Page 39722]]
replicated for 3 years, after which a full evaluation would be
completed.
Current regulations at 50 CFR part 20 do not allow the use of
traps, nets, or snares to capture migratory game birds (see Sec.
20.21(a)), and we are unaware of any current State regulations allowing
the use of traps for the capture of resident game birds. While the use
of traps or nets for birds is not generally considered a sport-hunting
technique, we recognize that their use may be a customary and
traditional hunting method by tribal members. Further, GLIFWC's netting
and trapping proposal does not allow baiting (which could lead to
concerns related to potential disease transmission) or the herding of
waterfowl into traps when they are largely flightless, such as during
the summer molt. Practices such as these would significantly increase
our concerns. As such, and recognizing the importance GLIFWC has placed
on this issue, we are not opposed to the trapping of migratory birds,
especially given all the GLIFWC-proposed restrictions on their use and
the fact that they will be manned at all times. Thus, we agree with the
GLIFWC proposal and believe the restrictions they have proposed are
appropriate to begin a 3-year experimental evaluation.
Extension of the Swan Season
GLIFWC has conducted a swan season in the 1837 and 1842 Treaty
Areas since 2014. While the season primarily is targeted at tundra
swans, trumpeter swans are legally allowed in the daily bag limit.
However, all swans harvested must be registered with the Tribe by
presenting the fully feathered carcass to a tribal registration station
or GLIFWC warden, to confirm species. If the total number of trumpeter
swans harvested reaches 10, GLIFWC closes the swan season by emergency
rule. Hunters are expected to check the GLIFWC's Web site each day they
hunt to determine season status. To date, no swans have been harvested.
GLIFWC would like to expand the current swan season by beginning the
season September 1 rather than November 1, as they believe the current
regulations may too restrictive. The trumpeter swan quota would remain
at 10 swans. Given the absence of any swan harvest, we agree. If, in
future years, the swan season closes early due to attainment of the
trumpeter swan quota before December 31, GLIFWC proposes, and we agree,
to re-evaluate the earlier opening date in order to shift potential
harvest back towards tundra swans.
Sandhill Crane Season in the 1836 Treaty Area
GLIFWC proposes the addition of a sandhill crane hunting season in
the 1836 Treaty Area. Currently, the State of Michigan does not offer a
sandhill crane hunt season to their hunters. In the 1836 and 1842
Treaty Areas, only two sandhill cranes were reported harvested in each
of the first three Tribal sandhill crane seasons, with 3 reported
harvested in 2015. Given the expected relative light hunting pressure,
the proposed daily bag limit of 1 sandhill crane with a seasonal bag
limit of 3 cranes, and the fact that crane harvest will be monitored
through Tribal-required hunter registration, we see no compelling
biological reason to not approve the proposal.
The proposed 2017-18 waterfowl hunting season regulations apply to
all treaty areas (except where noted) for GLIFWC as follows:
Ducks
Season Dates: Begin September 1 and end December 31, 2017.
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, 2017.
Daily Bag Limit: 10 mergansers.
Geese
Season Dates: Begin September 1 and end December 31, 2017. In
addition, any portion of the ceded territory that is open to State-
licensed hunters for goose hunting outside of these dates will also be
open concurrently for tribal members.
Daily Bag Limit: 20 geese in aggregate.
Other Migratory Birds
A. Coots and Common Moorhens (Common Gallinules)
Season Dates: Begin September 1 and end December 31, 2017.
Daily Bag Limit: 20 coots and common moorhens (common gallinules),
singly or in the aggregate.
B. Sora and Virginia Rails
Season Dates: Begin September 1 and end December 31, 2017.
Daily Bag and Possession Limits: 20, singly, or in the aggregate,
25.
C. Common Snipe
Season Dates: Begin September 1 and end December 31, 2017.
Daily Bag Limit: 16 common snipe.
D. Woodcock
Season Dates: Begin September 5 and end December 31, 2017.
Daily Bag Limit: 10 woodcock.
E. Mourning Dove: 1837 and 1842 Ceded Territories Only
Season Dates: Begin September 1 and end November 29, 2017.
Daily Bag Limit: 15 mourning doves.
F. Sandhill Cranes: 1837 and 1842 Ceded Territories Only
Season Dates: Begin September 1 and end December 31, 2017.
Daily Bag Limit: 2 cranes and no seasonal bag limit in the 1837 and
1842 Treaty areas; 1 crane with a seasonal bag limit of 3 in the1836
Treaty area.
G. Swans: 1837 and 1842 Ceded Territories Only
Season Dates: Begin September 1 and end December 31, 2017.
Daily Bag Limit: 2 swans. All harvested swans must be registered by
presenting the fully-feathered carcass to a tribal registration station
or GLIFWC warden. If the total number of trumpeter swans harvested
reaches 10, the swan season will be closed by emergency tribal rule.
General Conditions
A. All tribal members will be required to obtain a valid tribal
waterfowl hunting permit.
B. Except as otherwise noted, tribal members will be required to
comply with tribal codes that will be no less restrictive than the
model ceded territory conservation codes approved by Federal courts in
the Lac Courte Oreilles v. State of Wisconsin (Voigt) and Mille Lacs
Band v. State of Minnesota cases. Chapter 10 in each of these model
codes regulates ceded territory migratory bird hunting. Both versions
of Chapter 10 parallel Federal requirements as to hunting methods,
transportation, sale, exportation, and other conditions generally
applicable to migratory bird hunting. They also automatically
incorporate by reference the Federal migratory bird regulations adopted
in response to this proposal.
C. Particular regulations of note include:
1. Nontoxic shot will be required for all waterfowl hunting by
tribal members.
2. Tribal members in each zone will comply with tribal regulations
providing for closed and restricted waterfowl hunting areas. These
regulations generally incorporate the same restrictions contained in
parallel State regulations.
[[Page 39723]]
3. There are no possession limits, with the exception of 2 swans
(in the aggregate) and 25 rails (in the aggregate). For purposes of
enforcing bag limits, all migratory birds in the possession and custody
of tribal members on ceded lands will be considered to have been taken
on those lands unless tagged by a tribal or State conservation warden
as taken on reservation lands. All migratory birds that fall on
reservation lands will not count as part of any off-reservation bag or
possession limit.
4. The baiting restrictions included in the respective section
10.05(2)(h) of the model ceded territory conservation codes will be
amended to include language which parallels that in place for nontribal
members as published at 64 FR 29799, June 3, 1999.
5. There are no shell limit restrictions.
6. Hunting hours are from 30 minutes before sunrise to 30 minutes
after sunset, except that, within the 1837 and 1842 Ceded Territories,
hunters may use non-mechanical nets or snares that are operated by hand
to take those birds subject to an open hunting season at any time (see
#8 below for further information). Hunters shall also be permitted to
capture, without the aid of other devices (i.e., by hand) and
immediately kill birds subject to an open season, regardless of the
time of day.
7. An experimental application of electronic calls will be
implemented in the 1837 and 1842 Ceded Territories. Up to 50 tribal
hunters will be allowed to use electronic calls. Individuals using
these devices will be required to obtain a special permit; they will be
required to complete a hunt diary for each hunt where electronic calls
are used; and they will be required to submit the hunt diary to the
Commission within 2 weeks of the end of the season in order to be
eligible to obtain an permit for the following year. Required
information will include the date, time, and location of the hunt;
number of hunters; the number of each species harvested per hunting
event; if other hunters were in the area, any interactions with other
hunters; and other information deemed appropriate. Diary results will
be summarized and documented in a Commission report, which will be
submitted to the Service. Barring unforeseen results, this experimental
application would be replicated for 3 years, after which a full
evaluation would be completed.
8. Within the 1837 and 1842 Ceded Territories, tribal members will
be allowed to use non-mechanical, hand-operated nets (i.e., throw/cast
nets or hand-held nets typically used to land fish) and hand-operated
snares, and may chase and capture migratory birds without the aid of
hunting devices (i.e., by hand). At this time, non-attended nets or
snares shall not be authorized under this regulation. Tribal members
using nets or snares to take migratory birds, or taking birds by hand,
will be required to obtain a special permit; they will be required to
complete a hunt diary for each hunt where these methods are used; and
they will be required to submit the hunt diary to the Commission within
2 weeks of the end of the season in order to be eligible to obtain a
permit to net migratory birds for the following year. Required
information will include the date, time, and location of the hunt;
number of hunters; the number of each species harvested per hunting
event; and other information deemed appropriate. Diary results will be
summarized and documented in a Commission report, which will be
submitted to the Service. Barring unforeseen results, this experimental
application would be replicated for 3 years, after which a full
evaluation would be completed.
We propose to approve the above GLIFWC regulations for the 2017-18
hunting season.
(f) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New
Mexico (Tribal Members and Nontribal Hunters)
The Jicarilla Apache Tribe has had special migratory bird hunting
regulations for tribal members and nonmembers since the 1986-87 hunting
season. The Tribe owns all lands on the reservation and has recognized
full wildlife management authority. In general, the proposed seasons
would be more conservative than allowed by the Federal frameworks of
last season and by States in the Pacific Flyway.
The Tribe proposes a 2017-18 waterfowl and Canada goose season
beginning October 14, 2017, and a closing date of November 30, 2017.
Daily bag and possession limits for waterfowl would be the same as
Pacific Flyway States. The Tribe proposes a daily bag limit for Canada
geese of two. Other regulations specific to the Pacific Flyway
guidelines for New Mexico would be in effect.
During the Jicarilla Game and Fish Department's 2015-16 season,
estimated duck harvest was 45, which is the lowest on record. The
species composition included mainly mallards, northern shovelor,
gadwall, American wigeon, and teal. The estimated harvest of geese was
0 birds.
The proposed regulations are essentially the same as were
established last year. The Tribe anticipates the maximum 2017-18
waterfowl harvest would be around 300 ducks and 30 geese.
We propose to approve the Tribe's requested 2017-18 hunting
seasons.
(g) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal
Members and Nontribal Hunters)
The Kalispel Reservation was established by Executive Order in
1914, and currently comprises approximately 4,600 acres. The Tribe owns
all Reservation land and has full management authority. The Kalispel
Tribe has a fully developed wildlife program with hunting and fishing
codes. The Tribe enjoys excellent wildlife management relations with
the State. The Tribe and the State have an operational memorandum of
understanding with emphasis on fisheries but also for wildlife.
The nontribal member seasons described below pertain to a 176-acre
waterfowl management unit and 800 acres of reservation land with a
guide for waterfowl hunting. The Tribe is utilizing this opportunity to
rehabilitate an area that needs protection because of past land use
practices, as well as to provide additional waterfowl hunting in the
area. Beginning in 1996, the requested regulations also included a
proposal for Kalispel-member-only migratory bird hunting on Kalispel-
ceded lands within Washington, Montana, and Idaho.
For the 2017-18 migratory bird hunting seasons, the Kalispel Tribe
proposes tribal and nontribal member waterfowl seasons. The Tribe
requests that both duck and goose seasons open at the earliest possible
date and close on the latest date under Federal frameworks.
For nontribal hunters on Tribally managed lands, the Tribe requests
the seasons open at the earliest possible date and remain open, for the
maximum amount of open days. Specifically, the Tribe requests a season
for ducks run September 23-24, 2017, September 29-30, 2017, and from
October 1, 2017, to January 8, 2018. In that period, nontribal hunters
would be allowed to hunt approximately 107 days. Hunters should obtain
further information on specific hunt days from the Kalispel Tribe.
For nontribal hunters on Tribally managed lands, the Tribe also
requests a season for geese run September 9-10, 2017, September 16-17,
2017, and from October 1, 2017, to January 8, 2018. Total number of
days should not exceed 107. Nontribal hunters should obtain further
information on specific hunt days from the Tribe. Daily bag and
[[Page 39724]]
possession limits would be the same as those for the State of
Washington.
The Tribe reports past nontribal harvest of 1.5 ducks per day.
Under the proposal, the Tribe expects harvest to be similar to last
year, that is, fewer than 100 geese and 200 ducks.
All other State and Federal regulations contained in 50 CFR part
20, such as use of nontoxic shot and possession of a signed migratory
bird hunting and conservation stamp, would be required.
For tribal members on Kalispel-ceded lands, the Kalispel Tribe
proposes season dates for ducks of October 10, 2017, through January
31, 2018, and for geese of September 10, 2017, through January 31,
2018. Daily bag and possession limits would parallel those in the
Federal regulations contained in 50 CFR part 20.
The Tribe reports that there was no tribal harvest. Under the
proposal, the Tribe expects harvest to be fewer than 200 birds for the
season with fewer than 100 geese. Tribal members would be required to
possess a signed Federal migratory bird stamp and a tribal ceded lands
permit.
We propose to approve the regulations requested by the Kalispel
Tribe, since these dates conform to Federal flyway frameworks for the
Pacific Flyway.
(h) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only)
The Klamath Tribe currently has no reservation, per se. However,
the Klamath Tribe has reserved hunting, fishing, and gathering rights
within its former reservation boundary. This area of former
reservation, granted to the Klamaths by the Treaty of 1864, is over 1
million acres. Tribal natural resource management authority is derived
from the Treaty of 1864, and carried out cooperatively under the
judicially enforced Consent Decree of 1981. The parties to this Consent
Decree are the Federal Government, the State of Oregon, and the Klamath
Tribe. The Klamath Indian Game Commission sets the seasons. The tribal
biological staff and tribal regulatory enforcement officers monitor
tribal harvest by frequent bag checks and hunter interviews.
For the 2017-18 seasons, the Tribe requests proposed season dates
of October 7, 2017, through January 31, 2018. Daily bag limits would be
9 for ducks, 9 for geese, and 9 for coot, with possession limits twice
the daily bag limit. Shooting hours would be one-half hour before
sunrise to one-half hour after sunset. Steel shot is required.
Based on the number of birds produced in the Klamath Basin, this
year's harvest would be similar to last year's. Information on tribal
harvest suggests that more than 70 percent of the annual goose harvest
is local birds produced in the Klamath Basin.
We propose to approve those 2017-18 special migratory bird hunting
regulations.
(i) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members
Only)
The Leech Lake Band of Ojibwe is a federally recognized Tribe
located in Cass Lake, Minnesota. The reservation employs conservation
officers to enforce conservation regulations. The Service and the Tribe
have cooperatively established migratory bird hunting regulations since
2000.
For the 2017-18 season, the Tribe requests a duck season starting
on September 16 and ending December 31, 2017, and a goose season to run
from September 1 through December 31, 2017. Daily bag limits for ducks
would be 10, including no more than 5 pintail, 5 canvasback, and 5
black ducks. Daily bag limits for geese would be 10. Possession limits
would be twice the daily bag limit. Shooting hours are one-half hour
before sunrise to one-half hour after sunset.
The annual harvest by tribal members on the Leech Lake Reservation
is estimated at 250 to 500 birds.
We propose to approve the Leech Lake Band of Ojibwe's requested
2017-18 special migratory bird hunting season.
(j) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal
Members Only)
The Little River Band of Ottawa Indians is a self-governing,
federally recognized Tribe located in Manistee, Michigan, and a
signatory Tribe of the Treaty of 1836. We have approved special
regulations for tribal members of the 1836 treaty's signatory Tribes on
ceded lands in Michigan since the 1986-87 hunting season. Ceded lands
are located in Lake, Mason, Manistee, and Wexford Counties. The Band
proposes regulations to govern the hunting of migratory birds by Tribal
members within the 1836 Ceded Territory as well as on the Band's
Reservation.
For the 2017-18 season, the Little River Band of Ottawa Indians
proposes a duck and merganser season from September 9, 2017, through
January 26, 2018. A daily bag limit of 12 ducks would include no more
than 2 pintail, 2 canvasback, 3 black ducks, 3 wood ducks, 3 redheads,
6 mallards (only 2 of which may be a hen), 1 bufflehead, and 1 hooded
merganser. Possession limits would be twice the daily bag limit.
For coots and gallinules, the Tribe proposes a September 15, 2017,
through January 26, 2018, season. Daily bag limits would be five coot
and five gallinule.
For white-fronted geese, snow geese, and brant, the Tribe proposes
a September 8 through December 10, 2017, season. Daily bag limits would
be five geese.
For Canada geese only, the Tribe proposes a September 1, 2017,
through February 4, 2018, season with a daily bag limit of five. The
possession limit would be twice the daily bag limit.
For snipe, woodcock, rails, and mourning doves, the Tribe proposes
a September 1 to November 12, 2017, season. The daily bag limit would
be 10 common snipe, 5 woodcock, 10 rails, and 10 mourning doves.
Possession limits for all species would be twice the daily bag limit.
The Tribe monitors harvest through mail surveys. General conditions
are as follows:
A. All tribal members will be required to obtain a valid tribal
resource card and 2017-18 hunting license.
B. Except as modified by the Service rules adopted in response to
this proposal, these amended regulations parallel all Federal
regulations contained in 50 CFR part 20. Shooting hours will be from
one-half hour before sunrise to sunset.
C. Particular regulations of note include:
(1) Nontoxic shot will be required for all waterfowl hunting by
tribal members.
(2) Tribal members in each zone will comply with tribal regulations
providing for closed and restricted waterfowl hunting areas. These
regulations generally incorporate the same restrictions contained in
parallel State regulations.
D. Tribal members hunting in Michigan will comply with tribal codes
that contain provisions parallel to Michigan law regarding duck blinds
and decoys.
We plan to approve Little River Band of Ottawa Indians' 2017-18
special migratory bird hunting seasons.
(k) The Little Traverse Bay Bands of Odawa Indians, Petoskey, Michigan
(Tribal Members Only)
The Little Traverse Bay Bands of Odawa Indians (LTBB) is a self-
governing, federally recognized Tribe located in Petoskey, Michigan,
and a signatory Tribe of the Treaty of 1836. We have approved special
regulations
[[Page 39725]]
for tribal members of the 1836 treaty's signatory Tribes on ceded lands
in Michigan since the 1986-87 hunting season.
For the 2017-18 season, we have not yet heard from the Little
Traverse Bay Bands of Odawa Indians. The LTBB usually proposes
regulations similar to those of other Tribes in the 1836 treaty area.
The LTBB usually proposes the regulations to govern the hunting of
migratory birds by tribal members on the LTBB reservation and within
the 1836 Treaty Ceded Territory. The tribal member duck and merganser
season would usually run from September 1, 2017, through January 31,
2018. A daily bag limit of 20 ducks and 10 mergansers would include no
more than 5 hen mallards, 5 pintail, 5 canvasback, 5 scaup, 5 hooded
merganser, 5 black ducks, 5 wood ducks, and 5 redheads.
For Canada geese, the LTBB usually proposes a September 1, 2017,
through February 8, 2018, season. The daily bag limit for Canada geese
would be 20 birds. We further note that, based on available data (of
major goose migration routes), it is unlikely that any Canada geese
from the Southern James Bay Population would be harvested by the LTBB.
Possession limits are twice the daily bag limit.
For woodcock, the LTBB usually proposes a September 1 to December
1, 2017, season. The daily bag limit will not exceed 10 birds. For
snipe, the LTBB proposes a September 1 to December 31, 2017, season.
The daily bag limit will not exceed 16 birds. For mourning doves, the
LTBB usually proposes a September 1 to November 14, 2017, season. The
daily bag limit will not exceed 15 birds. For Virginia and sora rails,
the LTBB usually proposes a September 1 to December 31, 2017, season.
The daily bag limit will not exceed 20 birds per species. For coots and
gallinules, the LTBB usually proposes a September 15 to December 31,
2017, season. The daily bag limit will not exceed 20 birds per species.
The possession limit will not exceed 2 days' bag limit for all birds.
The LTBB also usually proposes a sandhill crane season to begin
September 1 and end December 1, 2017. The daily bag limit will not
exceed one bird. The possession limit will not exceed two times the bag
limit.
All other Federal regulations contained in 50 CFR part 20 would
apply.
Harvest surveys from 2014-15 hunting season indicated that
approximately 10 hunters harvested 10 different waterfowl species
totaling 69 birds. No sandhill cranes were reported harvested during
the 2014-15 season. The LTBB usually proposes to monitor harvest
closely through game bag checks, patrols, and mail surveys. In
particular, the LTBB usually proposes monitoring the harvest of
Southern James Bay Canada geese and sandhill cranes to assess any
impacts of tribal hunting on the population.
We propose to approve the Little Traverse Bay Bands of Odawa
Indians' requested 2017-18 special migratory bird hunting regulations,
upon receipt of their proposal.
(l) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,
South Dakota (Tribal Members and Nontribal Hunters)
The Lower Brule Sioux Tribe first established tribal migratory bird
hunting regulations for the Lower Brule Reservation in 1994. The Lower
Brule Reservation is about 214,000 acres in size and is located on and
adjacent to the Missouri River, south of Pierre. Land ownership on the
reservation is mixed, and until recently, the Lower Brule Tribe had
full management authority over fish and wildlife via a memorandum of
agreement (MOA) with the State of South Dakota. The MOA provided the
Tribe jurisdiction over fish and wildlife on reservation lands,
including deeded and U.S. Army Corps of Engineers-taken lands. For the
2017-18 season, the two parties have come to an agreement that provides
the public a clear understanding of the Lower Brule Sioux Wildlife
Department license requirements and hunting season regulations. The
Lower Brule Reservation waterfowl season is open to tribal and
nontribal hunters.
For the 2017-18 migratory bird hunting season, the Lower Brule
Sioux Tribe proposes a nontribal member duck, merganser, and coot
season length of 97 days, or the maximum number of days allowed by
Federal frameworks in the High Plains Management Unit for this season.
The Tribe proposes a duck season from October 7, 2017, through January
11, 2018. The daily bag limit would be six birds or the maximum number
that Federal regulations allow, including no more than two hen mallard
and five mallards total, two pintail, two redhead, two canvasback,
three wood duck, three scaup, and one mottled duck. The daily bag limit
for mergansers would be five, only two of which could be a hooded
merganser. The daily bag limit for coots would be 15. Possession limits
would be three times the daily bag limits.
The Tribe's proposed nontribal-member Canada goose season would run
from October 28, 2017, through February 11, 2018 (107-day season
length), with a daily bag limit of six Canada geese. The Tribe's
proposed nontribal member white-fronted goose season would run from
October 28, 2017, through January 23, 2018, with a daily bag and
possession limits concurrent with Federal regulations. The Tribe's
proposed nontribal-member light goose season would run from October 28,
2017, through February 11, 2018, and February 12 through March 10,
2018. The light goose daily bag limit would be 20 or the maximum number
that Federal regulations allow with no possession limits.
For tribal members, the Lower Brule Sioux Tribe proposes a duck,
merganser, and coot season from September 1, 2017, through March 10,
2018. The daily bag limit would be six ducks, including no more than
two hen mallard and five mallards total, two pintail, two redheads, two
canvasback, three wood ducks, three scaup, two bonus teal during the
first 16 days of the season, and one mottled duck or the maximum number
that Federal regulations allow. The daily bag limit for mergansers
would be five, only two of which could be hooded mergansers. The daily
bag limit for coots would be 15. Possession limits would be three times
the daily bag limits.
The Tribe's proposed Canada goose season for tribal members would
run from September 1, 2017, through March 10, 2018, with a daily bag
limit of six Canada geese. The Tribe's proposed white-fronted goose
tribal season would run from September 1, 2017, through March 10, 2018,
with a daily bag limit of two white-fronted geese or the maximum number
that Federal regulations allow. The Tribe's proposed light goose tribal
season would run from September 1, 2017, through March 10, 2018. The
light goose daily bag limit would be 20 or the maximum number that
Federal regulations allow, with no possession limits.
In the 2013-14 season, nontribal members harvested 641 geese and
1,616 ducks. In the 2013-14 season, duck harvest species composition
was primarily mallard (67 percent), gadwall (5 percent), green-winged
teal (7 percent), and wigeon (5 percent).
The Tribe anticipates a duck and goose harvest similar to those of
the previous years. All basic Federal regulations contained in 50 CFR
part 20, including the use of nontoxic shot, Migratory Bird Hunting and
Conservation Stamps, etc., would be observed by the Tribe's proposed
regulations. In addition, the Lower Brule Sioux Tribe has an official
Conservation Code that was established by Tribal Council Resolution in
June 1982 and updated in 1996.
[[Page 39726]]
We plan to approve the Tribe's requested regulations for the Lower
Brule Reservation if the seasons' dates fall within final Federal
flyway frameworks (applies to nontribal hunters only).
(m) Lower Elwha Klallam Tribe, Port Angeles, Washington (Tribal Members
Only)
Since 1996, the Service and the Point No Point Treaty Tribes, of
which Lower Elwha was one, have cooperated to establish special
regulations for migratory bird hunting. The Tribes are now acting
independently, and the Lower Elwha Klallam Tribe would like to
establish migratory bird hunting regulations for tribal members for the
2017-18 season. The Tribe has a reservation on the Olympic Peninsula in
Washington State and is a successor to the signatories of the Treaty of
Point No Point of 1855.
For the 2017-18 season, we have yet to hear from the Lower Elwha
Klallam Tribe. The Tribe usually requests special migratory bird
hunting regulations for ducks (including mergansers), geese, coots,
band-tailed pigeons, snipe, and mourning doves. The Lower Elwha Klallam
Tribe usually requests a duck and coot season from September 13, 2017,
to January 4, 2018. The daily bag limit will be seven ducks, including
no more than two hen mallards, one pintail, one canvasback, and two
redheads. The daily bag and possession limit on harlequin duck will be
one per season. The coot daily bag limit will be 25. The possession
limit will be twice the daily bag limit, except as noted above.
For geese, the Tribe usually requests a season from September 13,
2017, to January 4, 2018. The daily bag limit will be four, including
no more than three light geese. The season on Aleutian Canada geese
will be closed.
For brant, the Tribe usually proposes to close the season.
For mourning doves, band-tailed pigeon, and snipe, the Tribe
usually requests a season from September 1, 2017, to January 11, 2018,
with a daily bag limit of 10, 2, and 8, respectively. The possession
limit will be twice the daily bag limit.
All Tribal hunters authorized to hunt migratory birds are required
to obtain a tribal hunting permit from the Lower Elwha Klallam Tribe
pursuant to tribal law. Hunting hours would be from one-half hour
before sunrise to sunset. Only steel, tungsten-iron, tungsten-polymer,
tungsten-matrix, and tin shot are allowed for hunting waterfowl. It is
unlawful to use or possess lead shot while hunting waterfowl.
The Tribe typically anticipates harvest to be fewer than 10 birds.
Tribal reservation police and Tribal fisheries enforcement officers
have the authority to enforce these migratory bird hunting regulations.
The Service proposes to approve the special migratory bird hunting
regulations for the Lower Elwha Klallam Tribe upon receipt of their
proposal.
(n) Makah Indian Tribe, Neah Bay, Washington (Tribal Members Only)
The Makah Indian Tribe and the Service have been cooperating to
establish special regulations for migratory game birds on the Makah
Reservation and traditional hunting land off the Makah Reservation
since the 2001-02 hunting season. Lands off the Makah Reservation are
those contained within the boundaries of the State of Washington Game
Management Units 601-603.
The Makah Indian Tribe proposes a duck and coot hunting season from
September 23, 2017, to January 28, 2018. The daily bag limit is seven
ducks, including no more than five mallards (only two hen mallard), one
canvasback, one pintail, three scaup, and one redhead. The daily bag
limit for coots is 25. The Tribe has a year-round closure on wood ducks
and harlequin ducks. Shooting hours for all species of waterfowl are
one-half hour before sunrise to sunset.
For geese, the Tribe proposes that the season open on September 23,
2017, and close January 28, 2018. The daily bag limit for geese is four
and one brant. The Tribe notes that there is a year-round closure on
Aleutian and dusky Canada geese.
For band-tailed pigeons, the Tribe proposes that the season open
September 22, 2017, and close October 23, 2017. The daily bag limit for
band-tailed pigeons is two.
The Tribe anticipates that harvest under this regulation will be
relatively low since there are no known dedicated waterfowl hunters and
any harvest of waterfowl or band-tailed pigeons is usually incidental
to hunting for other species, such as deer, elk, and bear. The Tribe
expects fewer than 50 ducks and 10 geese to be harvested during the
2017-18 migratory bird hunting season.
All other Federal regulations contained in 50 CFR part 20 would
apply. The following restrictions are also proposed by the Tribe:
(1) As per Makah Ordinance 44, only shotguns may be used to hunt
any species of waterfowl. Additionally, shotguns must not be discharged
within 0.25 miles of an occupied area.
(2) Hunters must be eligible, enrolled Makah tribal members and
must carry their Indian Treaty Fishing and Hunting Identification Card
while hunting. No tags or permits are required to hunt waterfowl.
(3) The Cape Flattery area is open to waterfowl hunting, except in
designated wilderness areas, or within 1 mile of Cape Flattery Trail,
or in any area that is closed to hunting by another ordinance or
regulation.
(4) The use of live decoys and/or baiting to pursue any species of
waterfowl is prohibited.
(5) Steel or bismuth shot only for waterfowl is allowed; the use of
lead shot is prohibited.
(6) The use of dogs is permitted to hunt waterfowl.
The Service proposes to approve the Makah Indian Tribe's requested
2017-18 special migratory bird hunting regulations.
(o) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona
(Tribal Members and Nontribal Hunters)
Since 1985, we have established uniform migratory bird hunting
regulations for tribal members and nonmembers on the Navajo Indian
Reservation (in parts of Arizona, New Mexico, and Utah). The Navajo
Nation owns almost all lands on the reservation and has full wildlife
management authority.
For the 2017-18 season, the Tribe requests the earliest opening
dates and longest duck, mergansers, Canada geese, and coots seasons,
and the same daily bag and possession limits allowed to Pacific Flyway
States under final Federal frameworks for tribal and nontribal members.
For both mourning dove and band-tailed pigeons, the Navajo Nation
proposes seasons of September 1 through September 30, 2017, with daily
bag limits of 10 and 5, respectively. Possession limits would be twice
the daily bag limits.
The Nation requires tribal members and nonmembers to comply with
all basic Federal migratory bird hunting regulations in 50 CFR part 20
pertaining to shooting hours and manner of taking. In addition, each
waterfowl hunter age 16 or older must carry on his/her person a valid
Migratory Bird Hunting and Conservation Stamp (Duck Stamp), which must
be signed in ink across the face. Special regulations established by
the Navajo Nation also apply on the reservation.
The Tribe anticipates a total harvest of fewer than 500 mourning
doves; fewer than 10 band-tailed pigeons; fewer than 1,000 ducks,
coots, and mergansers; and
[[Page 39727]]
fewer than 1,000 Canada geese for the 2017-18 season. The Tribe
measures harvest by mail survey forms. Through the established Navajo
Nation Code, titles 17 and 18, and 23 U.S.C. 1165, the Tribe will take
action to close the season, reduce bag limits, or take other
appropriate actions if the harvest is detrimental to the migratory bird
resource.
We propose to approve the Navajo Nation's 2017-18 special migratory
bird hunting regulations.
(p) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal
Members Only)
Since 1991-92, the Oneida Tribe of Indians of Wisconsin and the
Service have cooperated to establish uniform regulations for migratory
bird hunting by tribal and nontribal hunters within the original Oneida
Reservation boundaries. Since 1985, the Oneida Tribe's Conservation
Department has enforced the Tribe's hunting regulations within those
original reservation limits. The Oneida Tribe also has a good working
relationship with the State of Wisconsin, and the majority of the
seasons and limits are the same for the Tribe and Wisconsin.
For the 2017-18 season, the Tribe submitted a proposal requesting
special migratory bird hunting regulations. For ducks, the Tribe
proposal describes the general outside dates as being September 16
through December 3, 2017. The Tribe proposes a daily bag limit of six
birds, which could include no more than six mallards (three hen
mallards), six wood ducks, one redhead, two pintails, and one hooded
merganser.
For geese, the Tribe requests a season between September 1 and
December 31, 2017, with a daily bag limit of five Canada geese. If a
quota of 500 geese is attained before the season concludes, the Tribe
will recommend closing the season early.
For woodcock, the Tribe proposes a season between September 2 and
November 5, 2017, with a daily bag and possession limit of two and
four, respectively.
For mourning dove, the Tribe proposes a season between September 2
and November 5, 2017, with a daily bag and possession limit of 10 and
20, respectively.
The Tribe proposes shooting hours be one-half hour before sunrise
to one-half hour after sunset. Nontribal hunters hunting on the
Reservation or on lands under the jurisdiction of the Tribe must comply
with all State of Wisconsin regulations, including shooting hours of
one-half hour before sunrise to sunset, season dates, and daily bag
limits. Tribal members and nontribal hunters hunting on the Reservation
or on lands under the jurisdiction of the Tribe must observe all basic
Federal migratory bird hunting regulations found in 50 CFR part 20,
with the following exceptions: Oneida members would be exempt from the
purchase of the Migratory Bird Hunting and Conservation Stamp (Duck
Stamp); and shotgun capacity is not limited to three shells.
The Service proposes to approve the 2017-18 special migratory bird
hunting regulations for the Oneida Tribe of Indians of Wisconsin.
(q) Point No Point Treaty Council Tribes, Kingston, Washington (Tribal
Members Only)
We are establishing uniform migratory bird hunting regulations for
tribal members on behalf of the Point No Point Treaty Council Tribes,
consisting of the Port Gamble S'Klallam and Jamestown S'Klallam Tribes.
The two tribes have reservations and ceded areas in northwestern
Washington State and are the successors to the signatories of the
Treaty of Point No Point of 1855. These proposed regulations will apply
to tribal members both on and off reservations within the Point No
Point Treaty Areas; however, the Port Gamble S'Klallam and Jamestown
S'Klallam Tribal season dates differ only where indicated below.
For the 2017-18 season, the Point No Point Treaty Council requests
special migratory bird hunting regulations for both the Jamestown
S'Klallam and Port Gamble S'Klallam Tribes. For ducks, the Jamestown
S'Klallam Tribe season would open September 1, 2017, and close March
10, 2018, and coots would open September 13, 2017, and close February
1, 2018. The Port Gamble S'Klallam Tribes duck and coot seasons would
open from September 1, 2017, to March 10, 2018. The daily bag limit
would be seven ducks, including no more than two hen mallards, one
canvasback, one pintail, two redhead, and four scoters. The daily bag
limit for coots would be 14. The daily bag limit and possession limit
on harlequin ducks would be one per season. The daily possession limits
are double the daily bag limits except where noted.
For geese, the Point No Point Treaty Council proposes the season
open on September 9, 2017, and close March 10, 2018, for the Jamestown
S'Klallam Tribe, and open on September 1, 2017, and close March 10,
2018, for the Port Gamble S'Klallam Tribe. The daily bag limit for
geese would be four, not to include more than three light geese. The
Council notes that there is a year-round closure on dusky Canada geese.
For brant, the Council proposes the season open on November 9, 2017,
and close January 31, 2018, for the Port Gamble S'Klallam Tribe, and
open on January 10 and close January 25, 2018, for the Jamestown
S'Klallam Tribe. The daily bag limit for brant would be two.
For band-tailed pigeons, the Port Gamble S'Klallam Tribe season
would open September 1, 2017, and close March 10, 2018. The Jamestown
S'Klallam Tribe season would open September 13, 2017, and close January
18, 2018. The daily bag limit for band-tailed pigeons would be two. For
snipe, the Port Gamble S'Klallam Tribe season would open September 1,
2017, and close March 10, 2018. The Jamestown S'Klallam Tribe season
would open September 13, 2017, and close March 10, 2018. The daily bag
limit for snipe would be eight. For mourning dove, the Port Gamble
S'Klallam Tribe season would open September 1, 2017, and close January
31, 2018. The Jamestown S'Klallam Tribe would open September 13, 2017,
and close January 18, 2018. The daily bag limit for mourning dove would
be 10.
The Tribe anticipates a total harvest of fewer than 175 birds for
the 2017-18 season. The tribal fish and wildlife enforcement officers
have the authority to enforce these tribal regulations.
We propose to approve the Point No Point Treaty Council Tribe's
requested 2017-18 special migratory bird seasons.
(r) Saginaw Tribe of Chippewa Indians, Mt. Pleasant, Michigan (Tribal
Members Only)
The Saginaw Tribe of Chippewa Indians is a federally recognized,
self-governing Indian Tribe, located on the Isabella Reservation lands
bound by Saginaw Bay in Isabella and Arenac Counties, Michigan.
In a December 1, 2016, letter, the Tribe proposes special migratory
bird hunting regulations. For ducks, mergansers, and common snipe, the
Tribe proposes outside dates as September 1, 2017, through January 31,
2018. The Tribe proposes a daily bag limit of 20 ducks, which could
include no more than five each of the following: hen mallards; wood
duck; black duck; pintail; red head; scaup; and canvasback. The
merganser daily bag limit is 10, with no more than 5 hooded mergansers
and 16 for common snipe.
For geese, coot, gallinule, sora, and Virginia rail, the Tribe
requests a season from September 1, 2017, to January 31, 2018. The
daily bag limit for geese is 20, in the aggregate. The daily bag limit
for coot, gallinule, sora, and Virginia rail is 20 in the aggregate.
[[Page 39728]]
For woodcock and mourning dove, the Tribe proposes a season between
September 1, 2017, and January 31, 2018, with daily bag limits of 10
and 25, respectively.
For sandhill crane, the Tribe proposes a season between September
1, 2017, and January 31, 2018, with a daily bag limit of one.
All Saginaw Tribe members exercising hunting treaty rights are
required to comply with Tribal Ordinance 11. Hunting hours would be
from one-half hour before sunrise to one-half hour after sunset. All
other regulations in 50 CFR part 20 apply, including the use of only
nontoxic shot for hunting waterfowl.
The Service proposes to approve the request for 2017-18 special
migratory bird hunting regulations for the Saginaw Tribe of Chippewa
Indians.
(s) Sault Ste. Marie Tribe of Chippewa Indians, Sault Ste. Marie,
Michigan (Tribal Members Only)
The Sault Ste. Marie Tribe of Chippewa Indians is a federally
recognized, self-governing Indian Tribe, distributed throughout the
eastern Upper Peninsula and northern Lower Peninsula of Michigan. The
Tribe has retained the right to hunt, fish, trap, and gather on the
lands ceded in the Treaty of Washington (1836).
The Tribe proposes special migratory bird hunting regulations. For
ducks, mergansers, and common snipe, the Tribe proposes outside dates
as September 15 through December 31, 2017. The Tribe proposes a daily
bag limit of 20 ducks, which could include no more than 10 mallards (5
hen mallards), 5 wood duck, 5 black duck, and 5 canvasbacks. The
merganser daily bag limit is 10 in the aggregate and 16 for common
snipe.
For geese, teal, coot, gallinule, sora, and Virginia rail, the
Tribe requests a season from September 1 to December 31, 2017. The
daily bag limit for geese is 20, in the aggregate. The daily bag limit
for coot, teal, gallinule, sora, and Virginia rail is 20 in the
aggregate.
For woodcock, the Tribe proposes a season between September 2 and
December 1, 2017, with a daily bag and possession limit of 10 and 20,
respectively.
For mourning dove, the Tribe proposes a season between September 1
and November 14, 2017, with a daily bag and possession limit of 10 and
20, respectively.
In 2014, the total estimated waterfowl hunters were 266. All Sault
Ste. Marie Tribe members exercising hunting treaty rights within the
1836 Ceded Territory are required to submit annual harvest reports
including date of harvest, number and species harvested, and location
of harvest. Hunting hours would be from one-half hour before sunrise to
one-half hour after sunset. All other regulations in 50 CFR part 20
apply, including the use of only nontoxic shot for hunting waterfowl.
The Service proposes to approve the request for 2017-18 special
migratory bird hunting regulations for the Sault Ste. Marie Tribe of
Chippewa Indians.
(t) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall,
Idaho (Nontribal Hunters)
Almost all of the Fort Hall Indian Reservation is tribally owned.
The Tribes claim full wildlife management authority throughout the
reservation, but the Idaho Fish and Game Department has disputed tribal
jurisdiction, especially for hunting by nontribal members on
reservation lands owned by non-Indians. As a compromise, since 1985, we
have established the same waterfowl hunting regulations on the
reservation and in a surrounding off-reservation State zone. The
regulations were requested by the Tribes and provided for different
season dates than in the remainder of the State. We agreed to the
season dates because they would provide additional protection to
mallards and pintails. The State of Idaho concurred with the zoning
arrangement. We have no objection to the State's use of this zone again
in the 2017-18 hunting season, provided the duck and goose hunting
season dates are the same as on the reservation.
In a proposal for the 2017-18 hunting season, the Shoshone-Bannock
Tribes request a continuous duck (including mergansers and coots)
season, with the maximum number of days and the same daily bag and
possession limits permitted for Pacific Flyway States under the final
Federal frameworks. The Tribes propose a duck and coot season with, if
the same number of hunting days is permitted as last year, an opening
date of October 7, 2017, and a closing date of January 19, 2018. The
Tribes anticipate harvest will be about 7,500 ducks.
The Tribes also request a continuous goose season with the maximum
number of days and the same daily bag and possession limits permitted
in Idaho under Federal frameworks. The Tribes propose that, if the same
number of hunting days is permitted as in previous years, the season
would have an opening date of October 7, 2017, and a closing date of
January 19, 2018. The Tribes anticipate harvest will be about 5,000
geese.
The Tribes request a common snipe season with the maximum number of
days and the same daily bag and possession limits permitted in Idaho
under Federal frameworks. The Tribes propose that, if the same number
of hunting days is permitted as in previous years, the season would
have an opening date of October 7, 2017, and a closing date of January
19, 2018.
Nontribal hunters must comply with all basic Federal migratory bird
hunting regulations in 50 CFR part 20 pertaining to shooting hours, use
of steel shot, and manner of taking. Special regulations established by
the Shoshone-Bannock Tribes also apply on the reservation.
We note that the requested regulations are nearly identical to
those of last year, and we propose to approve them for the 2017-18
hunting season if the seasons' dates fall within the final Federal
flyway frameworks (applies to nontribal hunters only).
(u) Skokomish Tribe, Shelton, Washington (Tribal Members Only)
Since 1996, the Service and the Point No Point Treaty Tribes, of
which the Skokomish Tribe was one, have cooperated to establish special
regulations for migratory bird hunting. The Tribes have been acting
independently since 2005. The Skokomish Tribe has yet to send in a
proposal to establish migratory bird hunting regulations for tribal
members for the 2017-18 season. The Tribe has a reservation on the
Olympic Peninsula in Washington State and is a successor to the
signatories of the Treaty of Point No Point of 1855.
The Skokomish Tribe usually requests a duck and coot season from
September 16, 2017, to February 28, 2018. The daily bag limit is seven
ducks, including no more than two hen mallards, one pintail, one
canvasback, and two redheads. The daily bag and possession limit on
harlequin duck is one per season. The coot daily bag limit is 25. The
possession limit is twice the daily bag limit, except as noted above.
For geese, the Tribe usually requests a season from September 16,
2017, to February 28, 2018. The daily bag limit is four, including no
more than three light geese. The season on Aleutian Canada geese is
closed. For brant, the Tribe usually proposes a season from November 1,
2017, to February 15, 2018, with a daily bag limit of two. The
possession limit is twice the daily bag limit.
For mourning doves, band-tailed pigeon, and snipe, the Tribe
usually requests a season from September 16, 2017, to February 28,
2018, with a daily bag limit of 10, 2, and 8, respectively.
[[Page 39729]]
The possession limit is twice the daily bag limit.
All Tribal hunters authorized to hunt migratory birds are required
to obtain a tribal hunting permit from the Skokomish Tribe pursuant to
tribal law. Hunting hours would be from one-half hour before sunrise to
sunset. Only steel, tungsten-iron, tungsten-polymer, tungsten-matrix,
and tin shot are allowed for hunting waterfowl. It is unlawful to use
or possess lead shot while hunting waterfowl.
The Tribe usually anticipates harvest to be fewer than 150 birds.
The Skokomish Public Safety Office enforcement officers have the
authority to enforce these migratory bird hunting regulations.
We propose to approve the Skokomish Tribe's 2017-18 migratory bird
hunting season, upon receipt of their proposal.
(v) Spokane Tribe of Indians, Spokane Indian Reservation, Wellpinit,
Washington (Tribal Members Only)
The Spokane Tribe of Indians wishes to establish waterfowl seasons
on their reservation for its membership to access as an additional
resource. An established waterfowl season on the reservation will allow
access to a resource for members to continue practicing a subsistence
lifestyle.
The Spokane Indian Reservation is located in northeastern
Washington State. The reservation comprises approximately 157,000
acres. The boundaries of the Reservation are the Columbia River to the
west, the Spokane River to the south (now Lake Roosevelt), Tshimikn
Creek to the east, and the 48th Parallel as the north boundary. Tribal
membership comprises approximately 2,300 enrolled Spokane Tribal
Members.
These proposed regulations would allow Tribal Members, spouses of
Spokane Tribal Members, and first-generation descendants of a Spokane
Tribal Member with a tribal permit and Federal Migratory Bird Hunting
and Conservation Stamp an opportunity to utilize the reservation and
ceded lands for waterfowl hunting. These regulations would also benefit
tribal membership through access to this resource throughout Spokane
Tribal ceded lands in eastern Washington. By Spokane Tribal Referendum,
spouses of Spokane Tribal Members and children of Spokane Tribal
Members not enrolled are allowed to harvest game animals within the
Spokane Indian Reservation with the issuance of hunting permits.
For the 2017-18 season, we have not yet received the Tribe's
proposal. The Tribe usually requests to establish duck seasons that
would run from September 2, 2017, through January 31, 2018. The tribe
is requesting the daily bag limit for ducks to be consistent with final
Federal frameworks. The possession limit is twice the daily bag limit.
The Tribe usually proposes a season on geese starting September 2,
2017, and ending on January 31, 2018. The tribe is requesting the daily
bag limit for geese to be consistent with final Federal frameworks. The
possession limit is twice the daily bag limit.
Based on the quantity of requests the Spokane Tribe of Indians has
received, the tribe anticipates harvest levels for the 2017-18 season
for both ducks and geese to be fewer than 100 total birds, with goose
harvest at fewer than 50. Hunter success will be monitored through
mandatory harvest reports returned within 30 days of the season
closure.
We propose to approve the Spokane Tribe's requested 2017-18 special
migratory bird hunting regulations, upon receipt of their proposal.
(w) Squaxin Island Tribe, Squaxin Island Reservation, Shelton,
Washington (Tribal Members Only)
The Squaxin Island Tribe of Washington and the Service have
cooperated since 1995, to establish special tribal migratory bird
hunting regulations. These special regulations apply to tribal members
on the Squaxin Island Reservation, located in western Washington near
Olympia, and all lands within the traditional hunting grounds of the
Squaxin Island Tribe.
For the 2017-18 season, we have yet to hear from the Squaxin Island
Tribe. The Tribe usually requests to establish duck and coot seasons
that would run from September 1, 2017, through January 15, 2018. The
daily bag limit for ducks would be five per day and could include only
one canvasback. The season on harlequin ducks is closed. For coots, the
daily bag limit is 25. For snipe, the Tribe usually proposes that the
season start on September 15, 2017, and end on January 15, 2018. The
daily bag limit for snipe would be eight. For band-tailed pigeon, the
Tribe usually proposes that the season start on September 1 and end on
December 31, 2017. The daily bag limit would be five. The possession
limit would be twice the daily bag limit.
The Tribe usually proposes a season on geese starting September 15,
2017, and ending on January 15, 2018. The daily bag limit for geese
would be four, including no more than two snow geese. The season on
Aleutian and cackling Canada geese would be closed. For brant, the
Tribe usually proposes that the season start on September 1 and end on
December 31, 2017. The daily bag limit for brant would be two. The
possession limit would be twice the daily bag limit.
We propose to approve the Tribe's 2017-18 special migratory bird
hunting regulations, upon receipt of their proposal.
(x) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal
Members Only)
The Stillaguamish Tribe of Indians and the Service have cooperated
to establish special regulations for migratory game birds since 2001.
For the 2017-18 season, the Tribe requests regulations to hunt all open
and unclaimed lands under the Treaty of Point Elliott of January 22,
1855, including their main hunting grounds around Camano Island, Skagit
Flats, and Port Susan to the border of the Tulalip Tribes Reservation.
Ceded lands are located in Whatcom, Skagit, Snohomish, and Kings
Counties, and a portion of Pierce County, Washington. The Stillaguamish
Tribe of Indians is a federally recognized Tribe and reserves the
Treaty Right to hunt (U.S. v. Washington).
The Tribe proposes their duck (including mergansers and coot) and
goose seasons run from October 1, 2017, to March 10, 2018. The daily
bag limit on ducks (including sea ducks and mergansers) is 10. The
daily bag limit for coot is 25. For geese, the daily bag limit is six.
The season on brant is closed. Possession limits are totals of these
three daily bag limits.
The Tribe proposes the snipe seasons run from October 1, 2017, to
January 31, 2018. The daily bag limit for snipe is 10. Possession
limits are three times the daily bag limit.
Harvest is regulated by a punch card system. Tribal members hunting
on lands under this proposal will observe all basic Federal migratory
bird hunting regulations found in 50 CFR part 20, which will be
enforced by the Stillaguamish Tribal law enforcement. Tribal members
are required to use steel shot or a nontoxic shot as required by
Federal regulations.
The Tribe anticipates a total harvest of 200 ducks, 100 geese, 50
mergansers, 100 coots, and 100 snipe. Anticipated harvest needs include
subsistence and ceremonial needs. Certain species may be closed to
hunting for conservation purposes, and consideration for the needs of
certain species will be addressed.
The Service proposes to approve the Stillaguamish Tribe's request
for 2017-18 special migratory bird hunting regulations.
[[Page 39730]]
(y) Swinomish Indian Tribal Community, LaConner, Washington (Tribal
Members Only)
In 1996, the Service and the Swinomish Indian Tribal Community
began cooperating to establish special regulations for migratory bird
hunting. The Swinomish Indian Tribal Community is a federally
recognized Indian Tribe consisting of the Swinomish, Lower Skagit,
Samish, and Kikialous. The Swinomish Reservation was established by the
Treaty of Point Elliott of January 22, 1855, and lies in the Puget
Sound area north of Seattle, Washington.
For the 2017-18 season, the Tribal Community requests to establish
a migratory bird hunting season on all areas that are open and
unclaimed and consistent with the meaning of the treaty. The Tribe
proposes their duck (including mergansers and coot) and goose seasons
run from September 1, 2017, to March 9, 2018. The daily bag limit on
ducks is 20. The daily bag limit for coot is 25. For geese, the daily
bag limit is 10. The season on brant runs from September 1, 2017, to
March 9, 2018. The daily bag limit is 5.
The Tribe proposes the snipe season run from September 1, 2017, to
March 9, 2018. The daily bag limit for snipe is 15. The Tribe proposes
the mourning dove season run from September 1, 2017, to March 9, 2018.
The daily bag limit for mourning dove is 15. The Tribe proposes the
band-tailed pigeon season run from September 1, 2017, to March 9, 2018.
The daily bag limit for band-tailed pigeon is 3. The Swinomish Indian
Tribal Community requests to have no possession limits.
The Community anticipates that the regulations will result in the
harvest of approximately 600 ducks and 200 geese. The Swinomish utilize
a report card and permit system to monitor harvest and will implement
steps to limit harvest where conservation is needed. All tribal
regulations will be enforced by tribal fish and game officers.
We propose to approve these 2017-18 special migratory bird hunting
regulations.
(z) The Tulalip Tribes of Washington, Tulalip Indian Reservation,
Marysville, Washington (Tribal Members Only)
The Tulalip Tribes are the successors in interest to the Tribes and
bands signatory to the Treaty of Point Elliott of January 22, 1855. The
Tulalip Tribes' government is located on the Tulalip Indian Reservation
just north of the City of Everett in Snohomish County, Washington. The
Tribes or individual tribal members own all of the land on the
reservation, and they have full wildlife management authority. All
lands within the boundaries of the Tulalip Tribes Reservation are
closed to nonmember hunting unless opened by Tulalip Tribal
regulations.
For ducks, mergansers, coot, and snipe, the Tribe proposes seasons
for tribal members from September 3, 2017, through February 28, 2018.
Daily bag and possession limits would be 15 and 30 ducks, respectively,
except that for blue-winged teal, canvasback, harlequin, pintail, and
wood duck, the bag and possession limits would be the same as those
established in accordance with final Federal frameworks. For coot,
daily bag and possession limits are 25 and 50, respectively, and for
snipe 8 and 16, respectively. Ceremonial hunting may be authorized by
the Department of Natural Resources at any time upon application of a
qualified tribal member. Such a hunt must have a bag limit designed to
limit harvest only to those birds necessary to provide for the
ceremony.
For geese, tribal members propose a season from September 3, 2017,
through February 28, 2018. The goose daily bag and possession limits
would be 10 and 20, respectively, except that the bag limits for brant,
cackling Canada geese, and dusky Canada geese would be those
established in accordance with final Federal frameworks.
All hunters on Tulalip Tribal lands are required to adhere to
shooting hour regulations set at one-half hour before sunrise to
sunset, special tribal permit requirements, and a number of other
tribal regulations enforced by the Tribe. Each nontribal hunter 16
years of age and older hunting pursuant to Tulalip Tribes' Ordinance
No. 67 must possess a valid Federal Migratory Bird Hunting and
Conservation Stamp and a valid State of Washington Migratory Waterfowl
Stamp. Each hunter must validate stamps by signing across the face.
Although the season length requested by the Tulalip Tribes appears
to be quite liberal, harvest information indicates a total take by
tribal and nontribal hunters of fewer than 1,000 ducks and 500 geese
annually.
We propose to approve the Tulalip Tribe's request for 2017-18
special migratory bird hunting regulations.
(aa) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal
Members Only)
The Upper Skagit Indian Tribe and the Service have cooperated to
establish special regulations for migratory game birds since 2001. The
Tribe has jurisdiction over lands within Skagit, Island, and Whatcom
Counties, Washington. The Tribe issues tribal hunters a harvest report
card that will be shared with the State of Washington.
For the 2017-18 season, the Tribe requests a duck season starting
October 1, 2017, and ending February 28, 2018. The Tribe proposes a
daily bag limit of 15 with a possession limit of 20. The Tribe requests
a coot season starting October 1, 2017, and ending February 15, 2018.
The coot daily bag limit is 20 with a possession limit of 30.
The Tribe proposes a goose season from October 1, 2017, to February
28, 2018, with a daily bag limit of 7 geese and a possession limit of
10. For brant, the Tribe proposes a season from November 1 to November
10, 2017, with a daily bag and possession limit of 2.
The Tribe proposes a mourning dove season between September 1 and
December 31, 2017, with a daily bag limit of 12 and possession limit of
15.
The anticipated migratory bird harvest under this proposal would be
100 ducks, 5 geese, 2 brant, and 10 coots. Tribal members must have the
tribal identification and tribal harvest report card on their person to
hunt. Tribal members hunting on the Reservation will observe all basic
Federal migratory bird hunting regulations found in 50 CFR part 20,
except shooting hours would be 15 minutes before official sunrise to 15
minutes after official sunset.
We propose to approve the Tribe's 2017-18 special migratory bird
hunting regulations.
(bb) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal
Members Only)
The Wampanoag Tribe of Gay Head is a federally recognized Tribe
located on the island of Martha's Vineyard in Massachusetts. The Tribe
has approximately 560 acres of land, which it manages for wildlife
through its natural resources department. The Tribe also enforces its
own wildlife laws and regulations through the natural resources
department.
For the 2017-18 season, we have not yet heard from the Tribe. The
Tribe usually proposes a duck season of October 14, 2017, through
February 22, 2018. The Tribe usually proposes a daily bag limit of
eight birds, which could include no more than four hen mallards, four
mottled ducks, one fulvous whistling duck, four mergansers, three
scaup, two hooded mergansers, three wood ducks, one canvasback, two
redheads, two pintail, and four of all other species not listed. The
season for harlequin ducks is usually closed. The Tribe usually
[[Page 39731]]
proposes a teal (green-winged and blue) season of October 10, 2017,
through February 22, 2018. A daily bag limit of six teal would be in
addition to the daily bag limit for ducks.
For sea ducks, the Tribe usually proposes a season between October
7, 2017, and February 22, 2018, with a daily bag limit of seven, which
could include no more than one hen eider and four of any one species
unless otherwise noted above.
For Canada geese, the Tribe usually requests a season between
September 4 and September 21, 2017, and between October 28, 2017, and
February 22, 2018, with a daily bag limit of 8 Canada geese. For snow
geese, the tribe usually requests a season between September 4 and
September 21, 2017, and between November 25, 2017, and February 22,
2018, with a daily bag limit of 15 snow geese.
For woodcock, the Tribe usually proposes a season between October
10 and November 23, 2017, with a daily bag limit of three. For sora and
Virginia rails, the Tribe usually requests a season of September 2,
2017, through November 10, 2017, with a daily bag limit of 5 sora and
10 Virginia rails. For snipe, the Tribe usually requests a season of
September 2, 2017, through December 16, 2017, with a daily bag limit of
8.
Prior to 2012, the Tribe had 22 registered tribal hunters and
estimates harvest to be no more than 15 geese, 25 mallards, 25 teal, 50
black ducks, and 50 of all other species combined. Tribal members
hunting on the Reservation will observe all basic Federal migratory
bird hunting regulations found in 50 CFR part 20. The Tribe requires
hunters to register with the Harvest Information Program.
If we receive a proposal that matches the Tribe's usual request, we
propose to approve those 2017-18 special migratory bird hunting
regulations.
(cc) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal Members
Only)
The White Earth Band of Ojibwe is a federally recognized tribe
located in northwest Minnesota and encompasses all of Mahnomen County
and parts of Becker and Clearwater Counties. The reservation employs
conservation officers to enforce migratory bird regulations. The Tribe
and the Service first cooperated to establish special tribal
regulations in 1999.
For the 2017-18 migratory bird hunting season, the White Earth Band
of Ojibwe requests a duck season to start September 9 and end December
17, 2017. For ducks, they request a daily bag limit of 10, including no
more than 2 hen mallards, 2 pintail, and 2 canvasback. For mergansers,
the Tribe proposes the season to start September 9 and end December 17,
2017. The merganser daily bag limit would be five, with no more than
two hooded mergansers. For geese, the Tribe proposes an early season
from September 1 through September 22, 2017, and a late season from
September 23 through December 17, 2017. The early season daily bag
limit is 10 geese, and the late season daily bag limit is 5 geese.
For coots, the Tribe proposes a September 1 through November 30,
2017, season with daily bag limits of 20 coots. For snipe, woodcock,
rail, and mourning dove, the Tribe proposes a September 1 through
November 30, 2017, season with daily bag limits of 10, 10, 25, and 25
respectively. Shooting hours are one-half hour before sunrise to one-
half hour after sunset. Nontoxic shot is required.
Based on past harvest surveys, the Tribe anticipates harvest of
1,000 to 2,000 Canada geese and 1,000 to 1,500 ducks. The White Earth
Reservation Tribal Council employs four full-time conservation officers
to enforce migratory bird regulations.
We propose to approve the Tribe's 2017-18 special migratory bird
hunting regulations.
(dd) White Mountain Apache Tribe, Fort Apache Indian Reservation,
Whiteriver, Arizona (Tribal Members and Nontribal Hunters)
The White Mountain Apache Tribe owns all reservation lands, and the
Tribe has recognized full wildlife management authority. As in past
years, the White Mountain Apache Tribe has requested regulations that
are essentially unchanged from those agreed to since the 1997-98
hunting season.
The hunting zone for waterfowl is restricted and is described as:
The length of the Black River west of the Bonito Creek and Black River
confluence and the entire length of the Salt River forming the southern
boundary of the reservation; the White River, extending from the Canyon
Day Stockman Station to the Salt River; and all stock ponds located
within Wildlife Management Units 4, 5, 6, and 7. Tanks located below
the Mogollon Rim, within Wildlife Management Units 2 and 3, will be
open to waterfowl hunting during the 2017-18 season. The length of the
Black River east of the Black River/Bonito Creek confluence is closed
to waterfowl hunting. All other waters of the reservation would be
closed to waterfowl hunting for the 2017-18 season.
For nontribal and tribal hunters, the Tribe proposes a continuous
duck, coot, merganser, gallinule, and moorhen hunting season, with an
opening date of October 14, 2017, and a closing date of January 28,
2018. The season on scaup would open November 4, 2017, and end January
28, 2018. The Tribe proposes a daily duck (including mergansers) bag
limit of seven, which may include no more than two redheads, two
pintail, three scaup (when open), seven mallards (including no more
than two hen mallards), and two canvasback. The daily bag limit for
coots, gallinules, and moorhens would be 25, singly or in the
aggregate.
For geese, the Tribe proposes a season from October 14, 2017,
through January 28, 2018. Hunting would be limited to Canada geese, and
the daily bag limit would be three.
Season dates for band-tailed pigeons and mourning doves would start
September 1, and end September 15, 2017, in Wildlife Management Unit 10
and all areas south of Y-70 and Y-10 in Wildlife Management Unit 7,
only. Proposed daily bag limits for band-tailed pigeons and mourning
doves would be 3 and 10, respectively.
Possession limits for the above species are twice the daily bag
limits. Shooting hours would be from one-half hour before sunrise to
sunset. There would be no open season for sandhill cranes, rails, and
snipe on the White Mountain Apache lands under this proposal.
A number of special regulations apply to tribal and nontribal
hunters, which may be obtained from the White Mountain Apache Tribe
Game and Fish Department.
We plan to approve the White Mountain Apache Tribe's requested
2017-18 special migratory bird hunting regulations.
Public Comments
The Department of the Interior's policy is, whenever possible, to
afford the public an opportunity to participate in the rulemaking
process. Accordingly, we invite interested persons to submit written
comments, suggestions, or recommendations regarding the proposed
regulations. Before promulgating final migratory game bird hunting
regulations, we will consider all comments we receive. These comments,
and any additional information we receive, may lead to final
regulations that differ from these proposals.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in ADDRESSES. We will not accept
comments sent by email or fax. We will
[[Page 39732]]
not consider hand-delivered comments that we do not receive, or mailed
comments that are not postmarked, by the date specified in DATES.
We will post all comments in their entirety--including your
personal identifying information--on https://www.regulations.gov. Before
including your address, phone number, email address, or other personal
identifying information in your comment, you should be aware that your
entire comment--including your personal identifying information--may be
made publicly available at any time. While you can ask us in your
comment to withhold your personal identifying information from public
review, we cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on https://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Division of Migratory Bird Management, 5275 Leesburg
Pike, Falls Church, VA 22041-3803.
We will consider, but possibly may not respond in detail to, each
comment. As in the past, we will summarize all comments we receive
during the comment period and respond to them after the closing date in
the preamble of a final rule.
Required Determinations
Based on our most current data, we are affirming our required
determinations made in the May 30 rule; for descriptions of our actions
to ensure compliance with the following statutes and Executive Orders,
see our May 30, 2017, final rule (82 FR 24786):
National Environmental Policy Act (NEPA) Consideration;
Endangered Species Act Consideration;
Regulatory Flexibility Act;
Small Business Regulatory Enforcement Fairness Act;
Paperwork Reduction Act of 1995;
Unfunded Mandates Reform Act;
Executive Orders 12630, 12866, 12988, 13132, 13175, 13211,
13563, and 13771.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
The rules that eventually will be promulgated for the 2017-18
hunting season are authorized under 16 U.S.C. 703-712 and 16 U.S.C. 742
a-j.
Dated: August 9, 2017.
Todd D. Willens,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2017-17722 Filed 8-21-17; 8:45 am]
BILLING CODE 4333-15-P